Each lot or building site shall be considered a separate unit for the payment of the water and sewer fees, and separate connections will be required for each of such units. Every connection shall be separately metered. Each residential unit, whether occupying one (1) or more lots and whether it shall occupy any lot or parcel jointly with any other residential unit, shall be considered a separate unit for the payment of sewage disposal fees.

(Ord. No. 68-0-6, § 7, 8-6-68; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 22-O-02, § 1, 1-10-2022)

(a)

The monthly base usage or readiness-to-serve charges and system expansion fees shall be based on an equivalent residential unit, referred to herein as an ERU. The purpose of this section is to define the procedure to be used in figuring the connection charges, system expansion fees and monthly base usage charges for water and sewer in commercial establishments, such as hotels, motels, restaurants, bars, lounges and similar eating, drinking and lodging establishments, schools, nurseries, laundromats, carwashes, nursing homes, hospitals and other geriatric centers. In no case shall the service charges be less than the minimum charge multiplied by the number of ERUs. The ERUs will be determined as follows:

(1)

Transient units, such as hotel rooms and motel rooms without kitchen facilities:

a.

Each two (2) rooms equals one (1) ERU.

b.

Each room with housekeeping facilities, such as a cooking stove, refrigerator and sink, equals one (1) ERU.

(2)

Restaurants, whether in connection with a hotel, motel or separate business: Each eighteen (18) seats equals one (1) ERU.

(3)

Drive-in-type restaurants with seating not available, serving principally carry-out foods, shall be charged one (1) ERU for each two (2) toilets or sinks, but not less than three (3) ERUs shall be charged per drive-in-type restaurant.

(4)

Each day school shall be equal to a number of ERUs based on the student capacity as tabulated below:

a.

If the school has no gymnasium or showers, one (1) ERU per forty-five (45) students.

b.

If the school has a gymnasium or showers, but no cafeteria, one (1) ERU per forty (40) students.

c.

If the school has a cafeteria, but no gymnasium or showers, one (1) ERU per twenty-five (25) students.

d.

If the school has a cafeteria, and a gymnasium or showers, one (1) ERU per fifteen (15) students.

(5)

Hospitals, nursing homes and geriatric centers shall be charged one (1) ERU for every three (3) beds.

(6)

Laundries and coin laundries: One (1) ERU shall be equal to two (2) washing machines.

(7)

Each automatic carwash bay shall be equal to three (3) ERUs. Each manual carwash bay shall equal one (1) ERU, but no carwash facility shall be less than three (3) ERUs.

(8)

Every other commercial establishment not included above shall be equal to two (2) ERUs for the first twenty-three hundred (2,300) square feet of floor area plus one (1) ERU for each twenty-three hundred (2,300) square feet of floor area, or part thereof, over the first twenty-three hundred (2,300) square feet. For purposes of this sub-subsection, "floor area" shall mean any space enclosed within the building or buildings used by such commercial establishment and one-half (½) of any unenclosed area used for outdoor storage or display of merchandise.

(9)

Each single-family residence, apartment, mobile home, travel trailer, motor home, modular home and condominium unit is to be considered one (1) user or one (1) ERU.

(b)

Whenever the number of ERUs determined as provided herein is not a whole number, the number of ERUs used to determine fees and charges shall be rounded up to the next whole number.

(c)

If a person or entity applying for a new connection to the water or sewer system after January 2, 2022 can demonstrate to the satisfaction of the city manager that actual peak usage will be less than eighty (80) percent of the usage assigned to such establishment as set forth in this section, then the city manager may determine, based on actual usage, the anticipated usage, peak-load requirements or any combination of the foregoing using accepted engineering standards, a different or a lesser total usage. If the city manager determines that the actual usage will be greater than the usage assigned to such category as set forth in this section, the city manager may determine, based on actual usage, anticipated usage, peak-load requirements or any combination of the foregoing using accepted engineering standards, a different or greater total usage.

(d)

A customer shall pay additional fees if said customer's actual peak usage exceeds the anticipated usage previously accepted by the city pursuant to subsection (c), above. If additional ERUs are actually used, the city shall assess additional expansion fees at rates in existence at the time of the assessment of the additional expansion fees. The city shall review the customer's actual use after twelve (12) months of actual use to determine if anticipated use equals actual use. Actual use will be calculated based on the average three (3) highest months usage divided by the total number of days in those three (3) billing cycles. If actual use exceeds anticipated use, the city shall provide the customer with notice of the additional fees which must be paid. These additional fees shall be based only upon the number of additional ERUs actually used and the customer shall not be required to pay for any ERUs already paid in the form of the original expansion fees. Thereafter, the city may determine, annually, whether additional capacity is being used by the customer. If the customer's average consumption exceeds the ERUs that have been reserved by payment of expansion fees, the city shall have the right to require payment of additional expansion fees as set forth herein.

(e)

Any additional expansion fee assessed by the city shall be paid within thirty (30) days of notice from the city of the additional fees or by other agreement with the city. If it is not paid, the city may discontinue service. Any amounts not paid within thirty (30) days shall accrue interest at ten (10) percent per annum. The city shall be entitled to all costs associated with collection including attorney's fees and court costs.

(Ord. No. 77-0-4, § 7, 5-31-77; Ord. No. 80-0-1, § 7, 12-3-79; Ord. No. 88-0-2, § 1, 1-25-88; Ord. No. 91-0-17, § 1, 10-14-91; Ord. No. 94-0-18, § 1, 9-12-94; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 22-O-02, § 1, 1-10-2022)

(a)

All expansion fees collected by the city under this part shall be placed in a separate accounting fund. In addition to the connection fees imposed pursuant to sections 16-16 and 16-42 of this Code of Ordinances, there is hereby imposed an expansion fee to meet the costs of expansion of the combined water and sewer system of the city, determined as follows:

(1)

Sewer expansion: Two thousand seven hundred and forty dollars ($2,740.00) per ERU.

(2)

Water expansion: Two thousand one hundred and seventy dollars ($2,170.00) per ERU.

(b)

There are hereby created and established two (2) trust funds to be known as the "City of Crystal River water system expansion fee trust fund" and the "City of Crystal River sewer system expansion fee trust fund" (hereinafter referred to as the "expansion trust funds"). All fees set forth in subsection (a) above required to be paid to the city together with investment income thereon shall be deposited in the appropriate expansion trust fund and shall be used only for the purposes set forth in subsection (c) below.

(c)

Moneys on deposit in the expansion trust fund may be used only for the following purposes:

(1)

Future expansion of the water or sewer system of the city and bonds issued to finance such future expansion.

(2)

Payment of debt service on bonds heretofore or hereafter issued by the city to finance or refinance improvements to the water or sewer system which are now in existence and constitute a useful part of the system as a whole.

(d)

Disbursement of funds for projects and/or debt service from the expansion trust fund shall be approved by the city council.

(e)

Should it be determined that the use of expansion fees collected pursuant to this section for either of the purposes set forth herein is not a permissible use of such expansion fees, said expansion fees shall nevertheless be collected but shall be used only for the purpose for which expansion fees may lawfully be expended.

(f)

Any new user connecting to the water or sewer system outside the corporate limits of the city shall pay one hundred twenty-five (125) percent of the system expansion fees established above.

(Ord. No. 84-0-8, 9-5-84; Ord. No. 95-0-12, § 1, 8-14-95; Ord. No. 03-0-07, § 1, 2-24-2003; Ord. No. 03-0-10, § 1, 3-10-2003; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 07-0-14, § 1, 6-11-2007; Ord. No. 07-0-43, § 1, 8-27-2007; Ord. No. 22-O-02, § 1, 1-10-2022)

Any person (which term when used herein shall be deemed to include firms, corporations and other associations of people) violating any of the provisions of this chapter, shall upon conviction thereof, for each such offense, be guilty of a misdemeanor of the second degree and punishment shall be by imprisonment in the county jail not exceed sixty (60) days or by fine not exceeding five hundred dollars ($500.00), or both fine and imprisonment. Any failure or refusal by an owner to connect to the city sewer system after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates hereinafter provided, shall be construed to be a violation of this chapter and each day that such violation continues shall be considered a separate offense under the terms of this chapter.

(Ord. No. 77-0-4, § 22, 5-31-77; Ord. No. 80-0-1, § 22, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 22-O-02, § 1, 1-10-2022)

(a)

No person shall be allowed to connect to the water or sewer system without the written consent of the city, and then the connection to such system shall only be made under the direction and supervision of the city and after such person shall have paid to the city the connection fee and system expansion fee applicable to the appropriate service and made a deposit with the city to ensure payment for future services of the system. The deposit shall be retained by the city to ensure payment of all bills. The deposit for a residential customer shall be sixty-five dollars ($65.00) for water and eighty-five dollars ($85.00) for sewer. All commercial accounts shall have their deposit determined by the following schedule.

(b)

After six (6) months of billing, for a commercial account, the average bill will be determined and the deposit will be adjusted accordingly, based on an average three-month billing. No deposit shall be less than sixty-five dollars ($65.00) for water and eighty-five dollars ($85.00) for sewer. All irrigation accounts will require a deposit of sixty-five dollars ($65.00). When the service to the applicant is discontinued permanently, this deposit, less any amounts still due the city for utility services, shall be refunded without any interest. Deposits shall be maintained on all accounts; however, residential accounts which show no late charges or discontinuance of service for two (2) consecutive years may be eligible for a refund of deposits. Additionally, deposits for residential accounts may be waived in the event a new account customer provides a letter indicating a two-year positive payment history from their most immediate past utility provider or two (2) years with the city. Commercial accounts which show no late charges or discontinuance of service for four (4) consecutive years shall also be eligible for refunds of deposits.

(c)

Any property owner or plumber who shall make any connection without deposit shall, upon conviction, be subject to the penalties provided in section 16-4.

(d)

Every consumer shall pay to the city a turn-on charge of twenty-five dollars ($25.00) or a reconnection charge of twenty-five dollars ($25.00) for the resumption of service temporarily terminated either for nonpayment or at the request of the consumer.

(Ord. No. 88-0-21, § 1, 11-28-88; Ord. No. 91-0-13, § 1, 8-26-91; Ord. No. 95-0-12, § 2, 8-14-95; Ord. No. 98-0-20, § 1, 12-14-98; Ord. No. 99-0-08, § 1, 3-22-99; Ord. No. 01-0-10, § 2, 3-12-2001; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 22-O-02, § 1, 1-10-2022)

Bills not paid on or before the due date stated on the bill shall be subject to a delinquency penalty of ten (10) percent. This penalty shall be applied against the original outstanding amount of the bill, but shall not be applied against previously applied penalties.

(Code 1964, § 25-75; Ord. No. 87-0-7, § 2, 6-9-87; Ord. No. 88-0-18, § 1, 9-26-88; Ord. No. 95-0-12, § 3, 8-14-95; Res. No. 97-R-23, § 2 (Sched. A), 8-25-97; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 11-0-04, § 3, 3-28-2011; Ord. No. 22-O-02, § 1, 1-10-2022)

Bills for the monthly charges and fees hereinafter established shall be submitted and shall be payable when rendered; and if such monthly bill shall be and remain unpaid thirty (30) days thereafter, water and sewer service to the consumer may be discontinued. Where water or sewage disposal fees, or both, are not paid in accordance with the provisions outlined above, the city shall have the right to cut off the customer's water supply to his plumbing system, and the customer shall have no right to reconnect to the city's water system until all past due service fees, delinquency penalties, deposit upgrades to that of a new account, and reconnection charges are fully paid. A new occupant of a property that has outstanding bills will be required to provide proof that they are in fact a different occupant. Any violation of this provision by reconnection to the city water supply, before all past due service fees, delinquency penalties, and reconnection charges are paid in full, shall be considered a violation of this chapter and subject to the penalties provided in section 16-4.

(Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 06-0-15, 7-10-2006; Ord. No. 22-O-02, § 1, 1-10-2022)

Bills for water and sewer services shall be mailed out to customers on or about the last day of each month.

(Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 22-O-02, § 1, 1-10-2022)

(a)

The city shall not be responsible for any loss of water from leaks or otherwise on the private property of a consumer and shall be under no obligation to make adjustment for such leaks, except as provided herein.

(b)

When a customer is determined by the city to have been overcharged or undercharged as a result of incorrect meter reading, defective metering, incorrect application of rate schedule fees and charges or mistake in billing, the amount so determined may be credited or billed to the customer as the case may be. The adjustment shall be accomplished over a period not to exceed ninety (90) days, unless otherwise directed by the city manager or his or her authorized representative, and so noted on the account. The city shall read and inspect meters periodically to determine their condition and accuracy and as a basis for periodic billings. If a customer requests more than one (1) inspection or rereading of a meter within a six-month period, the city shall impose a service charge therefor in the amount of twenty-five dollars ($25.00).

(c)

Adjustments to waste water billing for unique circumstances. The city through the city manager or his or her designee shall provide a credit or adjustment to a customer's wastewater bill for the following limited circumstances:

(1)

Initial filling of a residential pool and thereafter refilling of a residential pool once per year.

(2)

Extraordinary circumstances outside of the customer's control, including acts of God, natural disasters, and similar matters provided the customer is not directly at fault.

(3)

The city manager or his or her authorized representative may approve reducing a customer's bill by providing a credit for wastewater for line breaks that occur on the owner's side of the meter. In order to be eligible for a credit for wastewater only the homeowner/customer must timely provide to the city utilities division the following:

a.

A letter requesting the credit;

b.

The date the line break was discovered; and

c.

A copy of the invoice for repair of the break or, if the homeowner repairs the break, a copy of all receipts for the purchase of materials and a notarized letter describing the location of the break and the work needed to repair the line break in question. Said repair of the break must occur within thirty (30) days of the date of the discovery of the leak.

(d)

When a water customer is determined to have loss of water due to circumstances beyond the customer's control, the city manager may, at his or her discretion, make an appropriate adjustment to that customer's bill to reflect the same amount of use including the loss, but charge that customer at the next lowest rate of consumption for the entire amount of use including the loss.

(Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 06-0-07, § 1, 3-27-2006; Ord. No. 22-O-02, § 1, 1-10-2022)

Editor's note— Ord. No. 03-0-21, § 1, adopted Sept. 22, 2003, repealed § 16-15 which pertained to adjustments to rates/fees, and derived from Ord. No. 95-0-12, § 4, 8-14-95 and Ord. No. 01-0-10, § 3, 3-12-2001.

Where the same shall be available in the right-of-way abutting the lot or parcel, the owner of every lot or parcel of land within the city, or in the city's unincorporated service area, shall connect or cause the plumbing of any building or buildings thereon to be connected with the municipal water system of the city within ninety (90) days after such system becomes available. All such connections shall be made in accordance with rules and regulations not inconsistent with this article which shall be adopted hereafter from time to time by the city council; provided, however, that this article shall not be construed to entitle any person to cross the private property of another to make such water connections.

(Ord. No. 68-0-6, § 1, 8-6-68; Ord. No. 76-0-2, § 1, 4-13-76; Ord. No. 77-0-4, § 1, 5-31-77; Ord. No. 80-0-1, § 1, 12-3-79; Ord. No. 88-0-14, § 1, 5-9-88; Ord. No. 03-0-21, § 1, 9-8-2003)

(a)

Any user of the service of the water system shall pay a monthly base readiness-to-serve charge per ERU as follows:

FY 2013 $7.13

(b)

In addition to the base readiness-to-serve charge set forth in (a) above, water usage charges shall also be payable on a monthly basis as follows:

Residential/commercial/industrial/multifamily:

(1)

Per 1,000 gallons or part thereof up to 5,000 gallons per ERU: .....$2.24

(2)

Per 5,001 gallons up to 10,000 gallons per ERU: .....2.98

(3)

Per 10,001 gallons up to 15,000 gallons per ERU: .....4.47

(4)

Over 15,000 gallons per ERU: .....7.84

(c)

Any user of services of the water and sewer system located outside the municipal boundaries of the city shall pay a surcharge of twenty-five (25) percent over and above the connection fees detailed above, as authorized by Section 180.191, Florida Statutes. In addition, any user of services of the water and sewer system located outside the municipal boundaries of the city shall pay a surcharge of twenty-five (25) percent over and above the rates, fees and charges assessed upon users within the municipal boundaries of the city, as authorized by Section 180.191, Florida Statutes.

(d)

The base readiness-to-serve charge detailed herein shall be payable by the owner or tenant of any building, structure, dwelling or other facility that is connected to the city's water system, regardless of whether or not such building, structure, dwelling or other facility is occupied or vacant during the time period covered by the monthly billing cycle, and regardless of whether such water service is discontinued or interrupted by the user.

(e)

In addition, any user of services of the water and sewer system located outside the municipal boundaries of the city shall pay a surcharge of twenty-five (25) percent over and above the rates, fees and charges assessed upon users within the municipal boundaries of the city, as authorized by Section 180.191, Florida Statutes.

(f)

The city council may modify, from time to time, as it may deem to be appropriate, the water charges and rates contemplated by this section, pursuant to a duly adopted resolution of the City of Crystal River, Florida.

(g)

Water charges and rates currently in effect, pursuant to Ordinance No. 09-O-15, shall continue to remain in full force and effect following the effective date of this section, until such time as the city council adopts a subsequent resolution setting water charges and rates contemplated by this section.

(Ord. No. 77-0-4, § 2, 5-31-77; Ord. No. 80-0-1, § 2, 12-3-79; Ord. No. 82-0-5, 5-3-82; Ord. No. 82-0-10, 9-20-82; Ord. No. 84-0-9, §§ 1, 2, 9-5-84; Ord. No. 85-0-4, 9-30-85; Ord. No. 88-0-2, § 4, 1-25-88; Ord. No. 95-0-12, § 11, 8-14-95; Ord. No. 98-0-17, § 2, 10-12-98; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 03-0-24, § 1, 10-13-2003; Ord. No. 05-0-14, § 1, 12-12-2005; Ord. No. 07-0-13, § 1, 6-11-2007; Ord. No. 07-0-16, § 1, 6-11-2007; Ord. No. 07-0-44, § 2, 9-24-2007; Ord. No. 08-0-27, § 3B, 12-8-2008; Ord. No. 09-0-02, § 3B, 3-9-2009; Ord. No. 09-0-15, § 3B, 9-28-2009; Ord. No. 10-0-21, § 3B, 1-10-2011; Ord. No. 12-0-24, § 3B., 10-22-2012)

Cross reference— Water and sewer system expansion fee and trust fund, § 16-2.1.

The owner of the property shall be responsible for maintaining all plumbing on the property and the pipe leading and connecting from the water system distribution line.

(Ord. No. 68-0-6, § 4, 8-6-68; Ord. No. 76-0-2, § 4, 4-13-76; Ord. No. 77-0-4, § 4, 5-31-77; Ord. No. 80-0-1, § 4, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 03-0-24, § 1, 10-13-2003)

No water or sewage disposal service shall be furnished free of charge to any person, firm or corporation whatsoever, in the city and each and every agency, department and instrumentality thereof which uses the water and sewer system shall pay therefor at the rates fixed by this article.

(Ord. No. 68-0-6, § 6, 8-6-68; Ord. No. 76-0-2, § 6, 4-13-76; Ord. No. 77-0-4, § 6, 5-31-77; Ord. No. 80-0-1, § 6, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

No person shall occupy any house or building for human habitation after the water supply has been cut off except in cases where the water supply is cut off temporarily.

(Code 1964, § 25-11; Ord. No. 03-0-21, § 1, 9-8-2003)

If a person leaves and does not pay a bill for water service, the amounts due the city shall be taken off the books and the person's name and amount due shall be filed in a bad debt file. In the event the person applies for water service in the future, such back debt shall be paid before water service will be furnished.

(Code 1964, § 25-13; Ord. No. 03-0-21, § 1, 9-8-2003)

(a)

Lawn and landscape watering. If a property has an address that ends in an even number, watering may only take place on Thursday and/or Sunday before 10:00 a.m. or after 4:00 p.m. If a property has an address that ends in an odd number, watering may only take place on Wednesday and/or Saturday before 10:00 a.m. or after 4:00 p.m. Locations without a discernable address, such as rights-of-way and other common areas inside a subdivision, may water on Tuesday and/or Friday before 10:00 a.m. or after 4:00 p.m.

(b)

Other water uses.

(1)

Fountains and other aesthetic-only water-features may only operate eight (8) hours per day.

(2)

Car-washing is limited to once per week; however, fundraiser events are still allowed during the emergency.

(c)

Numbering and codification. Ordinance No. 11-0-13 creates and shall be referenced as section 16-50 "Water restrictions" of the Ordinance Code of the City of Crystal River.

(d)

Exceptions to the year-round water conservation and irrigation regulations specified in Chapter 40D-22, Florida Administrative Code. The above requirements shall apply, and the following exemptions shall apply to all lawn and landscape irrigation practices.

(1)

Irrigation systems may be operated during restricted days and/or times for cleaning, testing and repair purposes with an attendant on site.

(2)

Irrigation for the purpose of watering-in fertilizers, insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall not be restricted, other than the following: In the absence of a specific manufacturer's instruction to the contrary, Rule 40D-22.201(3)(c), F.A.C. limits the watering-in to one (1) application of one-quarter-inch of water within twenty-four (24) hours of the chemical being applied.

(3)

Hand watering and micro-irrigation of plants (other than lawns) can be done on any day and at any time.

(4)

Hot spot areas within a lawn may be spot-treated without regard to the normally allowable watering days or times. These areas may only be spot-treated by hand-watering or other targeted means.

(5)

In order to promote necessary rhizome (root) repair, extra watering of turfgrass may occur on any day of the week for a fourteen-day period after vertical mowing has occurred. An entire zone of an irrigation system may only be used for extra rhizome repair watering if the zone in question is for an area that contains at least fifty (50) percent turfgrass recovering from vertical mowing. If a zone contains less than fifty (50) percent recovering turfgrass, or if the recovering turfgrass area is typically not watered by an irrigation system, only the recovering turfgrass is eligible for this fourteen-day exemption. Targeted watering may be accomplished by hand watering, or any appropriate method which isolates and waters only the recovering turfgrass.

(6)

New lawns and plants have a 30-30 establishment period, which allows any-day watering of any new lawn or plant material on any day of the week for the purpose of maintaining new lawn or plant health and encouraging root growth for a period of thirty (30) days, beginning the day the new lawn or plant material is installed.

(7)

During the second thirty (30) days, watering of new lawns or plants shall be allowed three (3) days per week as follows: Even numbered addresses shall be permitted to water new lawns or plants on Tuesday, Thursday and Sunday. Odd numbered addresses shall be permitted to water new lawns or plants on Monday, Wednesday and Saturday.

(8)

This extra establishment watering begins the day the new plant material is installed, and is limited to areas containing new plant materials only. An entire zone of an irrigation system may only be used for extra establishment watering if the zone in question is for an area that contains at least fifty (50) percent new plant material. If a zone contains less than fifty (50) percent new plant material, or if the new plant material is in an area that will typically not be watered by an irrigation system, only the new plant material is eligible and targeted watering may be accomplished by hand-watering, or any appropriate method which isolates and waters only the new plant material.

(9)

On the day any new plant material is installed, it may be watered without regard to the normally allowable watering times. Irrigation of the soil immediately prior to the installation of new plant material is also allowable without regard to the normally allowable watering times.

(10)

Sprigs, a specific type of turfgrass propagation (not sod, seed or plugs) can be watered without regard to the normally allowable watering times for the entire sixty-day establishment exemption.

(11)

Watering of new turfgrass areas or other new plant material associated with a public works project, when and where conducted using tanker trucks or other vehicles, is allowable without regard to the normally allowable watering times for the entire sixty-day establishment exemption.

(12)

Watering using reclaimed water shall not be restricted except as further restricted by local reclaimed water providers, as necessary, to promote conservation of this alternative water source. Under no circumstances shall a reclaimed water system be cross-connected with a potable water system. All properties shall conserve reclaimed water by not irrigating between the hours of 6:00 a.m. to 6:00 p.m. In addition, if irrigation is done with a source that contains a blend of reclaimed water and other nonpotable water, groundwater, pondwater or some other supply, the use of this blended water shall be subject to the restrictions that apply to that other supply.

(Ord. No. 07-0-48, §§ 1—4, 11-13-2007; Ord. No. 10-0-13, § 3, 8-30-2010; Ord. No. 11-0-13, § 4, 8-22-2011)

Any property owner who shall be mandated by ordinance of this city or by state law to connect an existing developed property to the city's utility system, be it either water, sewer or both and regardless of the number of ERU's involved, shall have the option of paying all required expansion fees, inclusive of any applicable surcharge, in installments, provided such property owner shall connect and be a user of the city utility services within ninety (90) days after such connection is required.

(1)

Sewer expansion. Sewer expansion fees shall be amortized as follows:

a.

The payment of sewer expansion fees may be made over a ten-year period of time, payable monthly at a rate of five (5) percent interest per annum, until paid.

(2)

Water expansion. Water expansion fees shall be amortized as follows:

a.

The payment of water expansion fees may be made over a ten-year period of time, payable monthly at a rate of five (5) percent interest per annum, until paid.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 17, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003; Ord. No. 11-0-16, § 3, 10-24-2011)

Installment payments shall be billed monthly and shall be subject to the collection provisions established herein for utility services, including, but not limited to, the discontinuance of service for failure of payment. There shall be no partial payment of the monthly charge.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 18, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

The ability of a property owner to avail himself or herself of the installment provisions as to expansion fees shall terminate upon any transfer in ownership of said property.

(1)

Transfers of ownership shall be considered conclusive upon the recording of a deed of conveyance. A rebuttable presumption shall exist that a transfer has occurred upon execution of a written document transferring to the transferee either equitable or legal interest in real property, which is filed with the property appraiser's office or on the public records of Citrus County.

(2)

Transfers made to heirs because of the death of a property owner, either intestate or testate, shall be excluded from the definition of transfers. Transfers to family members, wherein the grantor retains an ownership interest or like estate, shall not be considered as a transfer for purposes of this article.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 19, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

Transfers of properties previously entitled to installment payments under this article shall result in the outstanding balance for the expansion fee becoming due and owing. Property owners becoming ineligible for installment payments shall be notified by the city of the outstanding balance due.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 20, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

Any property owner desiring to participate in the installment expansion fee program shall apply to the municipality on prescribed forms attesting to their ownership of the applicable property which is required to be connected to the city's utility system.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 21, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

Nothing herein shall prevent the city from enforcing connections to the city's utility system as otherwise established by state law or ordinance. Remedies herein shall be concurrent with all other enforcement remedies allowable by law and equity, including injunctive relief.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 03-0-21, § 1, 9-8-2003)

Nothing herein shall prevent a property owner from paying in full the outstanding expansion fee, and no prepayment penalty is intended or applied.

(Ord. No. 88-0-3, § 1, 3-14-88; Ord. No. 95-0-12, § 22, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

(a)

The owner of each lot or parcel of land within the city, or in the city's unincorporated service area, upon which lot or parcel of land any building or trailer used as a dwelling, is now situated or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or buildings or trailer or trailers to be connected with the public sewer facilities of the city and use such facilities, within one (1) year after notification by the city that the sewer system is available as defined in F.S., § 381.0065. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the city council. The sewer connection fee shall be one hundred dollars ($100.00) for each residential unit or equivalent residential unit.

(b)

Any new development within the city or in the city's unincorporated sewer service area shall connect to the city's sewer system, pay the connection fee established in subsection (a) above, pay the system expansion fees provided for herein, and pay the user rates established in this article, unless the system is determined to be unavailable and other sewer service for such development is approved by the city council.

(c)

Any user of services of the sewer system outside the corporate limits of the city shall pay one hundred twenty-five (125) percent of the sewer connection fee established above.

(Ord. No. 68-0-6, § 9, 8-6-68; Ord. No. 76-0-2, § 9, 4-13-76; Ord. No. 77-0-1, § 9, 5-31-77; Ord. No. 80-0-1, § 9, 12-3-79; Ord. No. 82-0-11, 9-20-82; Ord. No. 84-0-9, § 1, 9-5-84; Ord. No. 88-0-2, § 2, 1-25-88; Ord. No. 95-0-12, § 6, 8-14-95; Ord. No. 03-0-21, § 1, 9-8-2003)

Cross reference— Water and sewer system expansion fee; trust account, § 16-2.1.

This article shall not be construed to require or entitle any person to cross the private property of another to make any such sewer connection.

(Ord. No. 68-0-6, § 10, 8-6-68; Ord. No. 76-0-6, § 10, 4-13-76; Ord. No. 77-0-4, § 10, 5-31-77; Ord. No. 80-0-1, § 10, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

If any such owner of any lot or parcel of land within the city shall fail to connect with and use the facilities of the sewer system of the city after notification by said city manager, as provided herein, then the city shall be authorized to make such connections, entering on or upon any such lot or parcel of land for such purpose. The city shall thereupon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the city shall have a lien on such lot or parcel of land for such cost, which lien on such lot shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the city in the same manner provided by the laws of the state for the foreclosure of mortgages upon real estate.

(Ord. No. 68-0-6, § 11, 8-6-68; Ord. No. 76-0-2, § 11, 4-13-76; Ord. No. 77-0-4, § 11, 5-31-77; Ord. No. 80-0-1, § 11, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

No person shall be allowed to connect into any sewer line of the city without the written consent of the city, and then the connection with such line shall be made only under the direction and supervision of the city. Any property owner or plumber who shall make any connection without such consent of the city, shall, upon conviction, be subject to the penalties provided in section 16-3 [16-4] of this chapter.

(Ord. No. 68-0-6, § 12, 8-6-68; Ord. No. 76-0-2, § 13, 4-13-76; Ord. No. 77-0-4, § 12, 5-31-77; Ord. No. 80-0-1, § 12, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

Whenever it is desirable to connect old plumbing with the city sewer main, the owner or plumber contemplating doing such work shall notify the city manager or authorized city employee who will obtain the inspection of said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for such connection. Any owner or plumber who shall make any connection without the approval of the city manager shall, upon conviction, be subject to the penalties hereinafter provided.

(Ord. No. 68-0-6, § 14, 8-6-68; Ord. No. 76-0-2, § 14, 4-13-76; Ord. No. 77-0-4, § 14, 5-31-77; Ord. No. 80-0-1, § 14, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

Every residence and building in which human beings reside, are employed or congregate, shall be required to have a sanitary method of disposing of human excrement, namely a sanitary water closet that is connected with the city sewer or any approved septic tank.

(Ord. No. 68-0-6, § 15, 8-6-68; Ord. No. 76-0-2, § 15, 4-13-76; Ord. No. 77-0-4, § 15, 5-31-77; Ord. No. 80-0-1, § 15, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excrement thereon, except in a sanitary water closet, where sewage lines are available as defined above.

(Ord. No. 68-0-6, § 16, 8-6-68; Ord. No. 76-0-2, § 16, 4-13-76; Ord. No. 77-0-4, § 16, 5-31-77; Ord. No. 80-0-1, § 16, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

No septic tanks other than those approved by the state board of health shall be constructed within the corporate limits of the city.

(Ord. No. 68-0-6, § 17, 8-6-68; Ord. No. 76-0-2, § 17, 4-13-76; Ord. No. 77-0-4, § 17, 5-31-77; Ord. No. 80-01, § 17, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading to and connecting with the city sewers.

(Ord. No. 68-0-6, § 18, 8-6-68; Ord. No. 76-0-2, § 18, 4-13-76; Ord. No. 77-0-4, § 18, 5-31-77; Ord. No. 80-0-1, § 18, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

Failure to keep the sewer pipe, i.e., the pipe leading from the plumbing system to the city main, clean and maintained in a proper manner 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. Any violation of this provision by an owner's reconnecting his private water supply before such sewer pipes are cleaned and maintained properly, shall be considered a violation of this article and subject to the penalties provided in section 16-4.

(Ord. No. 68-0-6, § 21, 8-6-68; Ord. No. 76-0-2, § 21, 4-13-76; Ord. No. 77-0-4, § 21, 5-31-77; Ord. No. 80-0-1, § 21, 12-3-79; Ord. No. 03-0-21, § 1, 9-8-2003)

(a)

Any user of the service of the sewer system shall pay a monthly charge as follows:

Base readiness to serve charge (per ERU) .....$14.40

Per 1,000 gallons, or part thereof, of metered water .....$4.79

(b)

In all cases in which users of said sewer system are not supplied with water from the City of Crystal River waterworks system, and their monthly water usage figures are not made available to the city of calculation of sewer service, the monthly charge for sewer service shall be the sum of the base readiness-to-serve charge per ERU set for in (a) above and the equivalent of six thousand (6,000) gallons of metered water use.

(c)

In all cases in which an owner of property is required by this section to connect to the city sewer system and fails to do so, such owner shall be charged a monthly base readiness-to-serve charge as set forth in (a) above beginning with the next regular billing cycle of the city after the time for connection has passed (one (1) year per Florida Statute) until such time as the owner of the property takes action to make the statutorily-required connection. If such owner of property is a user of the city's water system or a user of a metered non-city water system that provides monthly consumption records to the city, then, in addition to the base readiness-to-serve charge above, said customer shall be charged an additional fee in lieu of the normal consumption charges based upon the gallons of water used at the same rates established for the users of the city sewer system who are on the city's water system, based on the gallons of metered water used; or, if the owner is not a user of the city's water system or a user of a non-city metered water system that does not provide consumption records, such owner shall pay an additional fee in lieu of normal consumption charges equal to the maximum monthly usage rate established in subsection (b) above for non-city water customers who utilize the city's sewer system. Failure to pay any of these fees shall result in the discontinuance of city water service, if applicable, and all other remedies set forth in this Code or provided by state law.

(d)

In all cases in which an owner of property is required by this section to connect to the city sewer system and fails to do so, such owner shall be charged a monthly base readiness-to-serve charge, as established by the city council pursuant to a duly adopted resolution of the City of Crystal River, Florida, beginning at the next regular billing cycle of the city after the time for connection has passed. If such owner of property is a user of the city's water system or a user of a metered non-city water system, then, in addition to the base readiness-to-serve charge detailed above, said customer shall be charged a usage charge based upon the gallons of water used at the same rates established for the users of the city sewer system; if the owner is not a user of a metered water service, such owner shall pay, as a usage charge, the maximum monthly usage rate established by the city council pursuant to a duly adopted resolution of the City of Crystal River, Florida, for non-city water customers who utilize the city's sewer system.

(e)

Failure to pay the charges contemplated by this section shall result in the discontinuance of city water service, if applicable, and all other remedies set forth in this Code or as provided by state law.

(f)

The city council may modify, from time to time, as it may deem to be appropriate, the sewer charges and rates contemplated by this section, pursuant to a duly adopted resolution of the City of Crystal River, Florida.

(g)

Sewer charges and rates currently in effect, pursuant to Ordinance No. 09-O-15, shall continue to remain in full force and effect following the effective date of this article, until such time as the city council adopts a subsequent resolution setting sewer charges and rates contemplated by this section.

(Ord. No. 77-0-4, § 8, 5-31-77; Ord. No. 80-0-1, § 8, 12-3-79; Ord. No. 82-0-6, 5-3-82; Ord. No. 85-0-5, 9-30-85; Ord. No. 88-0-2, § 3, 1-25-88; Ord. No. 91-0-5, § 1, 2-25-91; Ord. No. 95-0-12, § 8, 8-14-95; Ord. No. 98-0-20, § 1, 12-14-98; Ord. No. 03-0-21, § 1, 9-22-2003; Ord. No. 05-0-14, § 1, 12-12-2005; Ord. No. 07-0-12, § 1, 6-11-2007; Ord. No. 07-0-15, § 1, 6-11-2007; Ord. No. 07-0-44, § 1, 9-24-2007; Ord. No. 08-0-27, § 3A, 12-8-2008; Ord. No. 09-0-02, § 3A, 3-9-2009; Ord. No. 09-0-15, § 3A, 9-28-2009; Ord. No. 10-0-21, § 3A, 1-10-2011; Ord. No. 12-0-24, § 3A., 10-22-2012; Ord. No. 13-0-09, § 3, 5-13-2013)

This division sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system ("system") for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR, Part 403).

The objectives of this division are:

(1)

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3)

To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and

(4)

To provide for equitable distribution of the cost of the municipal wastewater system.

This division provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be pre-empted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This division shall apply to the city and to persons outside of the city who are, by contract or agreement with the city, users of the city POTW as amended. Except as otherwise provided herein, the city manager shall administer, implement, and enforce the provisions of this division.

(a)

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated:

(1)

Act or "the act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(2)

Approval authority. The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

(3)

Authorized representative of industrial user. An authorized representative of an industrial user may be:

a.

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

b.

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

c.

A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

(4)

Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l)).

(5)

Building sewer. A sewer conveying wastewater from the premises of a user to the POTW.

(6)

Categorical standards. National categorical pretreatment standards or pretreatment standard.

(7)

City. The City of Crystal River, Florida, and the city council thereof.

(8)

Cooling water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(9)

Compatible pollutant. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment works' NPDES permit, where the publicly owned treatment works is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.

(10)

Control authority. The term "control authority" shall refer to the "approval authority," defined hereinabove, or the city manager if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.

(11)

Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida.

(12)

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, its administrator or other duly authorized official of said agency, as the content may require.

(13)

Grab sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(14)

Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(15)

Incompatible pollutant. All pollutants other than compatible pollutants as defined in subparagraph (9) of this section.

(16)

Indirect discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW, including holding tank waste discharged into the system.

(17)

Industrial user. A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(18)

Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

(19)

National categorical pretreatment standard or pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

(20)

National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

(21)

New source. Any source the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source the construction of which is commenced after the date of promulgation of the standard.

(22)

National pollution discharge elimination system or NPDES permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(23)

Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(24)

pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(25)

Pollution. The manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

(26)

Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

(27)

Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes of other means, except as prohibited by 40 CFR Section 403.6(d).

(28)

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

(29)

Publicly owned treatment works (POTW). A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

(30)

POTW treatment plant. That portion of the POTW designed to provide treatment to wastewater.

(31)

Shall is mandatory; may is permissive.

(32)

Significant industrial user. Any industrial user of the city's wastewater disposal system who (i) has a discharge flow of twenty-five thousand (25,000) gallons or more per average work day, or (ii) has a flow greater than five (5) percent of the flow in the city's wastewater treatment system, or (iii) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act, or (iv) is found by the city, the Florida Department of Environmental Regulation, or the U.S. Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

(33)

State. The State of Florida.

(34)

Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(35)

Storm water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(36)

Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

(37)

Superintendent. The city manager, who is hereby the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

(38)

Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of Section 307(a) of the Act, or other Acts.

(39)

User. Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.

(40)

Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

(41)

Waters of the state. All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

(b)

Abbreviations. The following abbreviations shall have the designated meanings:

BOD—Biochemical oxygen demand.

CFR—Code of Federal Regulations.

COD—Chemical oxygen demand.

EPA—Environmental Protection Agency.

I—Liter.

mg—Milligrams.

mg/l—Milligrams per liter.

NPDES—National Pollutant Discharge Elimination System.

POTW—Publicly owned treatment works.

SIC—Standard Industrial Classification.

SWDA—Solid Waste Disposal Act, 42 USC 6901 et seq.

USC—United States Code.

TSS—Total suspended solids.

(Ord. No. 85-0-3, § 1, 8-19-85)

(a)

General discharge prohibitions. No user shall contribute, or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(1)

Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or EPA has notified the user is a fire hazard or a hazard to the system.

(2)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than one-half (½) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grindings or polishing wastes.

(3)

Any wastewater having a pH less than five (5.0), unless the POTW are specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW.

(4)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(5)

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(6)

Any substance which may cause the POTW's effluent, or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(7)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(8)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(9)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty (40) degrees centigrade (one hundred four (104) degrees Fahrenheit).

(10)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow and/or pollutant concentration which a user knows and has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration, quantities or flow during normal operation.

(11)

Any wastewater containing any radioactive wastes or isotopes or such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(13)

Any wastewater that violates the pretreatment standards in Title 40, Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution."

When the superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall:

(1)

Advise the user(s) of the impact of the contribution on the POTW; and

(2)

Develop effluent limitation(s) for such user(s) to correct the interference with the POTW.

(b)

Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this division for sources in that subcategory, shall immediately supersede the limitations imposed under this division. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(c)

Modification of federal categorical pretreatment standards. Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five (95) percent of the samples taken, when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the act. The city may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403, Section 403.7, are fulfilled, and prior approval from the approval authority is obtained.

(d)

State requirements. State requirements and limitations on discharge shall apply in any case where they are more stringent than federal requirements and limitations or those in this division.

(e)

City's right of revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system, if deemed necessary, to comply with the objectives of this division.

(f)

Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitations developed by the city or state. However, dilution may be an acceptable means of complying with some of the prohibitions set forth in subsection 16-32(a), such as the pH prohibition.

(g)

Accidental discharges. Each user shall provide protection from the accidental discharge of prohibited materials or other substances regulated by this division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans, showing facilities and operating procedures to provide this protection, shall be submitted to the city for review and shall be approved by the city before the construction of the facility. All existing users shall complete such a plan by October 1, 1985. No user who commences contribution to the POTW after the effective date of this division shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from responsibility to modify the user's facility as necessary to meet the requirements of this division. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW for the incident. The notification shall include location of discharge, type of waste concentration and volume, and corrective actions.

Written notice. Within five (5) days following an accidental discharge, the user shall submit to the superintendent a detailed written report, describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call on the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. No. 85-0-3, § 1, 8-19-85; Ord. No. 88-0-15, § 1, 6-13-88)

(a)

Purpose. It is the purpose of this section to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the city's schedule of charges and fees.

(b)

Charges and fees. The city may adopt charges and fees which may include:

(1)

Fees for reimbursement of costs of setting up and operating the city's pretreatment program;

(2)

Fees for monitoring, inspections and surveillance procedures;

(3)

Fees for reviewing accidental discharge procedures and construction;

(4)

Fees for permit applications;

(5)

Fees for filing appeals;

(6)

Fees for consistent removal (by the city) of pollutants otherwise subject to federal pretreatment standards;

(7)

Other fees as the city may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this division and are separate from all other fees chargeable by the city.

(Ord. No. 85-0-3, § 1, 8-19-85)

(a)

Wastewater dischargers. It shall be unlawful to discharge without a city permit to any natural outlet within the city, or in any area under the jurisdiction of the city, or to the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this division.

(b)

Wastewater contribution permits.

(1)

General permits. All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within one hundred eighty (180) days after the effective date of this division.

(2)

Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by the required fee. Existing users shall apply for a wastewater contribution permit within thirty (30) days after the effective date of this division, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

a.

Name, address, and location (if different from the address);

b.

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

c.

Wastewater constituents and characteristics including, but not limited to, those mentioned in section 16-32 of this division as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

d.

Time and duration of contribution;

e.

Average daily and three-minute peak wastewater flow rates including daily, monthly and seasonal variations, if any;

f.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

g.

Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

h.

Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;

i.

If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard;

The following conditions shall apply to this schedule:

1.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

2.

No increment referred to in paragraph (1) shall exceed nine (9) months.

3.

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the superintendent;

j.

Each product produced by type, amount, process or processes, and rate of production;

k.

Type and amount of raw materials processed (average and maximum per day);

l.

Number of and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system;

m.

Any other information as may be deemed by the city to be necessary to evaluate the permit application.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.

(3)

Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater contribution permit as required by subsection (b)(2), the user shall apply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within one hundred eighty (180) days after the promulgation of an applicable federal categorical pretreatment standard the information required by paragraphs (h) and (i) of subsection (b)(2).

(4)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this division and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

a.

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

b.

Limits on the average and maximum wastewater constituents and characteristics;

c.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

d.

Requirements for installation and maintenance of inspection and sampling facilities;

e.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedule;

f.

Compliance schedules;

g.

Requirements for submission of technical reports or discharge reports;

h.

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

i.

Requirements for notification of the city for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

j.

Requirements for notification of slug discharges according to section 16-35(b);

k.

Other conditions as deemed appropriate by the city to ensure compliance with this division.

(5)

Permit duration. Permits shall be issued for a specified time period not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 16-32 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(6)

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(c)

Reporting requirements for permittee.

(1)

Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

(2)

Periodic compliance reports.

a.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported according to 40 CFR Section 403.12(b)(4). At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.

b.

The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (a) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

(Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.)

(d)

Monitoring facilities. The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and internal drainage systems. The monitoring facility should preferably be situated on the user's property, but the superintendent may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city.

(e)

Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether all requirements and objectives of this article are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the superintendent or his representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of his duties. The city, the approval authority, the Florida Department of Environmental Regulation, and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make the necessary arrangements so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

(f)

Pretreatment. Users shall provide necessary wastewater treatment 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 city 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 city for review, and shall be acceptable to the city 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 an effluent acceptable to the city 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 city prior to the user's initiation to the changes.

The city shall annually publish, in a newspaper qualified under Chapter 50, Florida Statutes, a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the approval authority upon request.

(g)

Confidential information. In accordance with 40 CFR, Part 2, any information submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, EPA may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR, Part 2 (Public Information).

Information and data provided to the control authority pursuant to this part which is effluent data shall be available to the public without restriction.

All other information which is submitted to the state or POTW shall be available to the public at least to the extent provided by 40 CFR Section 2.302.

Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user. The city shall not require any information to be submitted which will reveal trade secrets, unless and until such is required incidental to the discharge of a toxic pollutant or alleged violation of this chapter.

(Ord. No. 85-0-3, § 1, 8-19-85)

(a)

Harmful contributions. The city may suspend the wastewater treatment service or a wastewater contribution permit when such suspension is necessary in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the city to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any individuals. The city shall reinstate the wastewater contribution permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.

(b)

Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures set forth herein:

(1)

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(2)

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(4)

Violation of conditions of the permit.

(c)

Notification of violation. Whenever the city finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.

(d)

Show cause hearing.

(1)

The city may order any user who causes or allows an unauthorized discharge to show cause why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council of the City of Crystal River, regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

(2)

The city council may itself conduct the hearing and take evidence, or may designate any of its members or any city officer or employee to:

a.

Issue in the name of the city notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involving in such hearings;

b.

Take evidence;

c.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.

(3)

At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(4)

After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(e)

Legal action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal or equitable relief in city court.

(Ord. No. 85-0-3, § 1, 8-19-85)

(a)

Civil penalties. Any user who is found to have violated an order of the city or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations and permits issued hereunder, shall be punished in accordance with section 1-8 of this Code. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this article or orders, rules, regulations, and permits issued hereunder.

(b)

Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished in accordance with section 1-8 of this Code.

(Ord. No. 85-0-3, § 1, 8-19-85)

It is the intent of the city and its city council to utilize the provisions of F. S., chapter 180, to establish an area outside of its municipal boundaries for the maintenance of existing utility facilities and for the extension of such utility facilities and the provision of further and additional utility services. It is the intent of the city to utilize all available authority granted to it under F. S., chapter 180, for all purposes authorized therein.

(Ord. No. 03-0-21, § 1, 9-8-2003)

In addition to all lands located within the city's municipal limits, the city's utility service area shall also include the unincororated area of Citrus County between the city limits and the following-described line: Begin at the Northwest corner of Section 26, Township 17 South, Range 16 East, and go Easterly along the North lines of Sections 26 and 25, Township 17 South, Range 16 East, and along the North lines of Sections 30, 29, 28 and 27, Township 17 South, Range 17 East, to the Northeast corner of Section 27, Township 17 South, Range 17 East; thence go Southerly along the East line of said Section 27, Township 17 South, Range 17 East, to its Southeast corner; thence go Easterly along the North line of Section 35, Township 17 South, Range 17 East, to its Northeast corner; thence go Southerly along the East line of Section 35, Township 17 South, Range 17 East, to its Southeast corner; thence go Easterly along the North line of Section 1, Township 18 South, Range 17 East, to its Northeast corner; thence go Southerly along the East line of Section 1, Township 18 South, Range 17 East, to its Southeast corner; thence go Easterly along the North line of Section 7, Township 18 South, Range 18 East, to its Northeast corner; thence go Southerly along the East line of Section 7, Township 18 South, Range 18 East, to its Southeast corner; thence go Easterly along the North line of Section 17, Township 18 South, Range 18 East, to the Northeast corner of the West half of said section; thence go Southerly along the East line of the West half of Section 17, Township 18 South, Range 18 East, along the East line of the West half of Section 20, Township 18 South, Range 18 East, along the East line of the West half of Section 29, Township 18 South, Range 18 East, and along the East line of the West half of Section 32, Township 18 South, Range 18 East, to the Southeast corner of the West half of Section 32, Township 18 South, Range 18 East; thence go Westerly along the North line of Section 5, Township 19 South, Range 18 East, and along the North line of Section 6, Township 19 South, Range 18 East, to the Northwest corner of the East half of Section 6, Township 19 South, Range 18 East; thence go Southerly along the West line of the East half of Section 6, Township 19 South, Range 18 East, to the Southwest corner of the East half of Section 6, Township 19 South, Range 18 East; thence go Westerly along the North line of Section 7, Township 19 South, Range 18 East, to its Northwest corner; thence go Southerly along the East line of Section 12, Township 19 South, Range 17 East, to its Southeast corner; thence go Westerly along the South line of Section 12, Township 19 South, Range 17 East, to its Southwest corner; thence go Southerly along the East line of Section 14, Township 19 South, Range 17 East, to its Southeast corner; thence go Westerly along the South line of Sections 14, 15 and 16, Township 19 South, Range 17 East, to the Southwest corner of Section 16, Township 19 South, Range 17 East; thence go Northerly along the West line of Section 16, Township 19 South, Range 17 East to its Northwest corner; thence go Westerly along the South line of Section 8, Township 19 South, Range 17 East to its Southwest corner; thence go Northerly along the West line of Section 8, Township 19 South, Range 17 East to the Southeast corner of the North half of Section 7, Township 19 South, Range 17 East; thence go Westerly along the South line of the North half of Section 7, Township 19 South, Range 17 East to the Southwest corner of the North half of Section 7, Township 19 South, Range 17 East; thence go Northerly along the West line of Section 7, Township 19 South, Range 17 East to its Northwest corner; thence go Westerly along the South line of Section 1, Township 19 South, Range 16 East, to the Southwest corner of the East half of Section 1, Township 19 South, Range 16 East; thence go Northerly along the West line of the East half of Section 1, Township 19 South, Range 16 East, to the Northwest corner of the East half of Section 1, Township 19 South, Range 16 East; thence go Westerly along the South line of Section 36, 35 and 34, Township 18 South, Range 16 East, to the Southwest corner of Section 34, Township 18 South, Range 16 East; thence go Northerly along the West line of Section 34, Township 18 South, Range 16 East, to its Northwest corner; thence go Westerly along the South line of Section 28, Township 18 South, Range 16 East, to its Southwest corner; thence go Northerly along the West line of Sections 28, 21, 16, 9 and 4, Township 18 South, Range 16 East, and along the West line of Section 33, Township 17 South, Range 16 East, to its Northwest corner; thence go Easterly along the North line of Sections 33 and 34, Township 17 South, Range 16 East, to the Southwest corner of Section 26, Township 17 South, Range 16 East; thence go Northerly along the West line of Section 26, Township 17 South, Range 16 East, to the Point of Beginning.

(Ord. No. 03-0-21, § 1, 9-22-2003)

(a)

All ordinances of the city relating to utilities, including all provisions of this chapter, shall apply equally throughout the city's unincorporated service area unless specifically provided otherwise.

(b)

Any utility system franchised by Citrus County or by the Florida Public Service Commission to provide utility service, on the effective date of this division, in any portion of the city's unincorporated service area may continue to provide service in accordance with its franchise. After the effective date of this division, if the city chooses not to provide water or sewer service within any portion of its unincorporated service area, it may consent to Citrus County providing such service or it may franchise a private or public utility system to provide such service pursuant to a written franchise agreement.

(Ord. No. 03-0-21, § 1, 9-22-2003)

All water or sewer customers receiving city municipal water or sewer service, which service is not to properties that are within the corporate limits of the City of Crystal River, shall continue to receive such water or sewer service upon the following conditions:

(1)

That upon the properties which receive such above municipal services becoming contiguous to the city's corporate limits, the owners of said properties shall execute and file with the city a voluntary petition for annexation within thirty (30) days of written notification of such contiguousness by the city.

(2)

If upon written notification by the city to such non-municipal customer(s) and if such petition for voluntary annexation is not filed with the city within the time set forth herein, then such water or sewer service shall be discontinued. Such termination and disconnection of service shall be governed by the same provisions dealing with nonpayment of services as is provided in this chapter.

(3)

If such service is discontinued because of failure to file the annexation petition set forth hereinabove, then the filing of same by the owner of said properties shall cause the recommencement of water or sewer services upon payment of all applicable fees and rates set forth in this chapter.

(Ord. No. 94-0-1, § 1, 1-10-94; Ord. No. 03-0-21, § 1, 9-8-2003)

All properties or customers receiving municipal water or sewer services not within the City of Crystal River's corporate limits as of January 1, 1994, which are subject to written contractual commitments either executed by said current customers or the owners of properties, their predecessors, grantors or assigns shall continue to be subject to the requirements of annexation as to their properties as set forth in said written contracts, and nothing herein shall abrogate such obligation of said customers and/or property owners from annexation upon the applicable property being contiguous to the city's municipal boundaries.

(Ord. No. 94-0-1, § 1, 1-10-94; Ord. No. 03-0-21, § 1, 9-8-2003)

All properties or customers receiving municipal water or sewer services not within the City of Crystal River's corporate limits as of January 1, 1994, wherein no contractual commitment exists to annex said properties into the city, if such become contiguous, shall be subject to the following provisions for continuation of services:

(1)

All current customers as established by the city's current customer list as of January 1, 1994, shall be exempt from the provisions of the requirements of section 16-80 above, as long as the title to said properties served by the city as of January 1, 1994, as it relates to water or sewer service, does not transfer by deed of conveyance, agreement for deed, any document wherein the equitable ownership is changed, where possession of the property is transferred to another by written or verbal lease, whether for consideration or gift, the change of ownership or possession by operation of law, judicial decree or judicial sale.

(2)

Upon such transfer as set forth in paragraph (1) above, or a request for new service including but not limited to any individual, person, firm, association, corporation, tenant, partnership, or any individual or entity who was not a water or sewer customer of the City of Crystal River on January 1, 1994, shall as a condition precedent to such service cause to be executed by the legal owners of said property an agreement that upon the property so served becoming contiguous to the corporate limits of the city shall cause to be filed a voluntary annexation petition as set forth in section 16-80 or such service shall not be provided or continued. Said agreement shall be in a form provided by the city and recorded in the public records of Citrus County, Florida. The city shall require legal confirmation of the customer's authority to execute said annexation agreement and require the joinder of any other person(s) or entities necessary to bind the lawful owners of said properties.

(Ord. No. 94-0-1, § 1, 1-10-94; Ord. No. 03-0-21, § 1, 9-8-2003)