The owners of all the property in the city abutting upon a public right-of-way or easement which is within one thousand feet (1,000) of the city water system and upon which is situated a house, building or other structure used for human occupancy, employment, recreation or other related purposes is hereby required at their own expense to connect such facilities directly with such system in accordance with the provisions of this article within one hundred eighty (180) days after the date of official notice to do so.

The city owns, operates and maintains water treatment and distribution and wastewater collection, treatment and disposal systems which serve residents within the service area of the city. New development will require the extension of mains to provide service, as well as modification or expansion of facilities or plants to accommodate new development. The costs of providing extensions, modifications, and expansions of facilities is to be borne by property owners, builders or developers within the city's service areas to defray or partially defray the costs of these extensions, modifications, and expansions. The allocable share of each is to be charged as described herein. It is the declared policy of the city by this chapter to establish a uniform method of determining charges for availability of services so that all such contributions shall be nondiscriminatory among the various consumers served by the city's systems and shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the city's service areas. The city specifically reserves its rights to fix and determine rates, charges and contributions required for the provision, consumption, operation, maintenance, extension, and expansion of its utility services as provided herein and as authorized by law. Each consumer is hereby notified that the city, in the exercise of its governmental responsibility to provide for health, safety, and welfare of all consumers of its utility services, has the authority and responsibility to amend its schedules of rates, charges, and contributions from time to time to ensure the perpetuation of service.

The City Council shall have the power to expand and enlarge the waterworks, including well pumps, tanks, water mains, water hydrants and all other pertinent equipment and material within or beyond the limits of the city. The City Council shall have the power to purchase, lease, rent, construct or otherwise acquire and maintain electric light and power plants, including distribution systems, and all other equipment and material pertinent thereto, and to enlarge and expand such system within or beyond the limits of the City. The City Council shall have the power to purchase, lease, rent, construct, or otherwise acquire and maintain gas plants for natural or manufactured gas, including distribution systems, and all other equipment and material pertinent thereto, and to enlarge and expand the same within or beyond the limits of the City; and in order to accomplish the acquisition or purchase of waterworks or electric light and power plans, and distribution systems, or gas plants, either natural or manufactured, and distribution systems thereof, all as above provided, the City Council shall have the right to issue and sell, in accordance with the laws of the state, bonds of general obligation, or revenue certificates, or bonds pledging for the purchase thereof, the property so acquired, and the revenue derived from the operation thereof only.

As a prerequisite to providing water or wastewater utility service to property outside the city limits, the city shall require the property owner to execute an irrevocable, recordable covenant agreeing to the voluntary annexation of the property into the city at such time as the property becomes contiguous to the city.

The customer seeking water or wastewater service from the City shall be required to execute an agreement with the City in the following form prior to utility service connections being made:

Contract

No._______       Tavares, Florida
      Date:_______

The undersigned customer, located at hereby applies for connection of water and/or wastewater collection service to that premises for residential, commercial or industrial use. (Circle One). In consideration for said water and/or wastewater collection service, customer agrees to pay at the scheduled rates, until and unless notice in writing is given to the City of Tavares that service is to be discontinued, for whatever period of time.

The undersigned customer agrees to conform to all ordinances, rates, rules and regulations of the City of Tavares water and/or wastewater collection service as are now or hereafter in force, and which are made part of this contract.

The customer also agrees to pay the wastewater capital charge, the water capital charge, and the connection fees as provided for in these ordinances. The customer further agrees that all charges for water and/or wastewater service, as they may become due from time to time, shall be and are hereby made a lien upon the above property so long as said charges remain unpaid, as between the parties to this contract.

Utility Deposit _______

Date of Acceptance: _______

CITY OF TAVARES,
FLORIDA

___________       ___________
Authorized City Official       Applicant's Signature

(A)

No person, unless authorized by the city, has the right to turn off or turn on water at the curb stop, corporation stop, or valve, or to in any way disconnect or remove any water meter or otherwise molest any water connection, meter or water main belonging to the City.

(B)

If any person shall destroy, deface, impair, injure or wantonly force open any gate or door therein or in any way whatsoever destroy, injure, deface or wantonly destroy any part of the buildings, or the appurtenances, fences or fixtures thereunto appertaining, or any water pipes, gates, reservoirs, hydrants, fountains, standpipes, pumps, tanks or any fixtures or other property belonging to the water or wastewater collection system of the city, or if any persons shall without authority from the city remove, open, hitch to, dig out or curb over any fireplug or hydrant, stopcock, valve, valve box or other fixtures belonging to the water or wastewater collection system of the City, he shall be punished in accordance with provisions of Section 1-15.

(C)

It shall be unlawful for any person to tamper with, or adjust, connect, disconnect, join or sever any water meters or water lines and it shall be unlawful for any person to divert the flow of water through the water system of the City in any manner whatsoever without the approval and written permission of the City.

(D)

No consumer shall furnish water to any other consumer either by use of pipes or fixtures on his own premises or by extending pipes to the premises of other persons.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give this article its most reasonable application, consistent with state and federal law and other local regulations. The following words and phrases shall have the following meanings, unless the context requires otherwise:

Act: The Federal Water Pollution Control Act, as amended, also known as the Clean Water Act, as amended, Title 33 USC, Section 1251 et. seq.

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

Authorized Representative of Industrial User:

(1)

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

(2)

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

(3)

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.

BOD (Denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in standard methods.

Building Drain: That part of the lowest horizontal piping of a sewerage or drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to a point five feet (5') outside the outer face of the building wall to the building sewer.

Building Sewer: The extension from the building drain to the public sewer or other place of disposal, beginning five feet (5') outside the outer face of the building wall.

Categorical Standards: The national categorical pretreatment standards or pretreatment standard.

City Wastewater System or System: All facilities and interests in the real and personal property owned, operated, managed or controlled by the City now and in the future and used to provide wastewater service to existing and future customers within the service area of the City.

Control Authority: The approval authority as defined above, or the Director if the City has an approved pretreatment program under the provisions of title 40 CAR, Section 403.11.

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

Customer: The individual or corporate entity responsible for payment of the security deposit and monthly service charges. This shall be either the owner of the property or an individual or corporate entity authorized by the owner to open the utility account.

Direct Discharge: The discharge of untreated or treated wastewater directly to the waters of the state.

Director: The City Director of Utilities, or his authorized deputy, agent, or representative.

Dissolved Solids or Dissolved Matters: The solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in standard methods.

Domestic Sewage: The sewage produced from noncommercial or non-industrial activities, and which result from normal human living processes, which are of substantially similar origin and strength to those typically produced in households, including sewage from sanitary conveniences.

Environmental Protection Agency or USEPA: The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.

Garbage: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

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.

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

Incompatible Pollutant: All pollutants other than compatible pollutants. Specifically, it means any pollutant other than BOD, suspended solids, pH, and fecal coliform bacteria or additional pollutants identified in the NPDES permit or state permit to discharge, which the sewage treatment plant and facilities were not designed to treat and do not remove to a substantial degree.

Indirect Discharge: The discharge or the introduction of pollutants from any source regulated under Section 307(b) or Section 307(c) of the act into the City wastewater system.

Industrial Sewage: All liquid wastes and sewage, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operations from which the wastewater discharged includes wastes of non-human origin, and is not otherwise classified as domestic sewage.

Industrial User: A source of indirect discharge of industrial sewage, which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the act.

Interference: The inhibition or disruption of the POTW treatment processes or operations, which is the cause of and significantly contributes to a violation of any requirement of the City's NPDES permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 05 of the act 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 or local criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of the SWDA) applicable to the meted of disposal or use employed by the POTW.

Mass Emission Rate: The weight of material discharged by the city wastewater system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituent or combination of constituents.

Maximum Concentration: The maximum permissible amount of a specified pollutant in a volume of water or wastewater.

National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and Section 307(c) of the act which applies to a specific category of industrial users.

National Pollution Discharge Elimination System Permit or NPDES Permit: A permit issued pursuant to Section 402 of the act.

National Prohibition Discharge Standard or Prohibited Discharge Standard: Any regulation developed under the authority of Section 307(b) of the act and Title 40 CFR, Section 403.5.

Natural Outlet: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New Source: Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (Title 33 USC, Section 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated in accordance with Section 306(a)(2))Title 33 USC, Section 1316(a)(2).

Overload: The imposition of any constituent or hydraulic loading on any treatment, collection, transmission or effluent disposal facilities which are a part of the city wastewater system in excess of such facility's designed or legally authorized capacity.

Pass Through: The discharge of pollutants through the POTW or any other portion of the City wastewater system into waters of the state or nation in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of any NPDES permit or DER permit issued for and applicable to the City wastewater system, including an increase in the magnitude or duration of a violation of any contract, resolution, law, rule, regulation, permit, or approval applicable to the industrial, commercial, or agricultural reuse of reclaimed water.

PH: A symbol for expressing the degree of acidity or alkalinity, meaning the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

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.

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

POTW Treatment Plant: That portion of a POTW designed to provide treatment to wastewater. (See definition of publicly owned treatment works.)

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

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

Private Sewage Disposal System: A sewage collecting, treating, and disposal facility installed, maintained and owned by persons other than the City and not connected to the public sewer.

Properly Shredded Garbage: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1½") in any dimension. The installation and operation of any garbage grinder equipped with a motor three-fourths (¾) horsepower or greater shall be subject to the review and approval of the City.

Public Sewer: A sanitary sewer, other than a building sewer, that is owned and/or controlled by the City.

Publicly Owned Treatment Works (POTW): A treatment works as defined by Section 212 of the Act, which is owned in this instance by the City. This definition includes any sewers, effluent transmission and disposal facilities, that convey wastewater to a POTW treatment plant or convey effluent from a POTW treatment plant, but does not include pipes, sewer or other conveyances not connected to a facility providing treatment. For purposes of this article, POTW shall also include any sewers that convey sewage or wastewaters to the POTW from persons who are, by contract or agreement with the City, users of the City's various POTWs.

Reclaimed Water: Water or treated wastewater, which as a result of treatment of wastes, is suitable for direct beneficial uses or a controlled use by public, agricultural, commercial, residential, industrial, or institutional projects or development that would not occur otherwise.

Sanitary Sewer: A pipe, which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Sewage or Wastewater: A combination of a water-carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and stormwaters as may be present.

Sewage Treatment Plant: An arrangement of devices and structures used for treating sewage or wastewater.

Sewer: A pipe or conduit for carrying sewage or wastewater.

Sewerage Works: All facilities for collecting, pumping, treating and disposing of sewage.

Significant Industrial User: Any industrial user of the City wastewater system who:

(1)

Has a discharge flow of ten thousand (10,000) gallons or more per day during any day during any calendar year; or

(2)

Discharges one (1) or more of the federally defined "priority pollutants"; or

(3)

Has in its wastes, toxic pollutants as defined pursuant to Section 307 of the act; or any applicable state or federal rules; or

(4)

Is found by the City, the State Department of Environmental Regulation (FDER) or the USEPA to have significant impact, either singly or in combination with other contributing industries, on the system, the quality of sludge, the County-wide system's effluent qualify, or air emissions generated by the City wastewater system.

Slug: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quality of flow exceeds more than five (5) times the average twenty-four hour concentration or quality of flow during normal operation.

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

Standard Methods: The current edition of Standard Methods for the Examination of Water and Wastewater, as published or republished from time to time by the American Public Health Association.

Storm Drainage: (sometimes termed storm sewer) A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Stormwater: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

Suspended Solids: Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by various filtering and settling techniques.

Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the USEPA under the provision of Section 305(a) of the act, or other acts.

Twenty-Four-Hour Flow Proportional Composite Sample: A sample consisting of several effluent portions collected during a twenty-four hour period in which the portions of sample are proportionate to the flow and combined to form a representative sample.

Unpolluted Water: Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to any person having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters of the state.

User: Any person who contributes, causes or permits the contribution of sewage or wastewater into the City wastewater system.

Wastewater Constituents and Characteristics: The individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity, and strength of wastewater.

Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.

Waters of the State: Any surface or ground water located within the boundaries of the state.

(A)

This article is enacted pursuant to all general and special law authority of the City, including its home rule powers, for the purpose of providing for the necessary regulations for the use of public and private sewers and drains in the interest of the public health, safety and welfare of the citizens and residents of the City.

(B)

This article sets forth uniform requirements for direct and indirect contributors into the City wastewater system and enables the City to comply with all applicable state and federal laws and requirements set forth by the Clean Water Act of 1977, as amended, and the United States Environmental Protection Agency (USEPA) General Pretreatment Regulations, Title 40 CAR, Part 403.

(C)

The objectives of this article are:

(1)

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

(2)

To prevent the introduction of pollutants into the City wastewater system which will pass through the system, inadequately treated, into receiving surface or ground waters, land application and other reuse systems, or the atmosphere or otherwise be incompatible with the system;

(3)

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4)

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

(D)

This article provides for the regulation of direct and indirect contributors to the City wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting, and provides authority and guidelines for setting fees.

(E)

Except as otherwise provided herein, the Director of Utilities shall administer, implement, and enforce the provisions of this article.

This division establishes limitations and prohibitions on the quantity and quality of sewage or wastewater, which may be lawfully discharged into the City wastewater system or any of its publicly- owned treatment works. Pretreatment of some sewage discharge may be required to achieve the goals established by this article and the act. The specific limitations set forth herein, and other prohibitions and limitations of this article, are subject to change as necessary to enable the City to provide efficient wastewater treatment, to protect the public health and the environment, and to enable the City to meet requirements contained in its various NPDES permits, and other governmental permits.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, decontamination cooling water, swimming pool drainage, or unpolluted industrial process waters into any sanitary sewer.

No person shall discharge into any natural outlet with the City, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article.

No person shall discharge into any storm sewer system within the City, any sanitary sewage, industrial wastes, or other polluted waters (except uncontaminated cooling waters).

No person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage or wastewater, except as herein provided.

No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or sewage which will interfere with the operation or performance of the City wastewater system or any of its POTW. The general prohibitions apply to all such users of the City wastewater system or any POTW which is a part of that system, whether or not the user is subject to the national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

A user shall not contribute the following substances into any public sewer:

(1)

Any liquids, solids or gases which, by reason of their nature or quality 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 City wastewater system or to the operation of such system. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into such 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, fuel oil, naphtha, benzene, toluene, xylene, ethers, alcohols, solvents, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the city, the FDER, the USEPA, or any other local, Regional, state, or federal agency having jurisdiction has notified the user as a fire hazard or a hazard to the system, and any other flammable or explosive liquids, solids, or gases.

(2)

Any 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 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, s tone or marble, dust, metal glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, ground paper products, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(3)

Any sewage having a pH lower than six (6.0) or higher than eight and five-tenths (8.5), unless the individual POTW is specifically designated to accommodate such sewage or wastewater, or sewage having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the City wastewater system.

(4)

Any sewage or wastewater containing toxic pollutants in sufficient quantity, either singularly or by interaction with other pollutants, to injury or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of any city POTW, or to exceed the limitations 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 singularly or by interactions with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(6)

Any substances which may cause any City 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. In no case shall a substance discharged to any City POTW cause the POTW to be in noncompliance with sludge user 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 any City POTW to violate its NPDES and/or FDER permit or the receiving water quality standards.

(8)

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

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Director, that such wastes can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or other effluent disposal facilities or systems, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(1)

Any sewage or wastewater having a temperature which will inhibit biological activity in any City POTW treatment plant resulting in the interference, but in no case heat in such quantities that the temperature at the treatment works influent exceeds one hundred (100) degrees Fahrenheit, unless the POTW treatment plant is designed to accommodate such temperature.

(2)

Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred (100) degrees Fahrenheit.

(3)

Any garbage that has not been properly shredded.

(4)

Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

(5)

Any waters or wastes containing phenols or other taste or odored ash-producing substances, in such concentrations exceeding limits which may be established by the director, as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the waters of the state or nation.

(6)

Any radioactive wastes or isotopes.

(7)

Any pollutants, including oxygen demand pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know or has reason to know will cause interference to any City POTW. In no case shall a slug load be discharged to the City's wastewater system.

(8)

Waters or wastes containing substances, including non-biodegradable detergents, which are not amendable to treatment or reduction by the sewage treatment processes employed or are amendable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the waters of the state or nation or violates any contract, resolution, law, rule, regulation, permit, or approval applicable to the industrial, commercial, or agricultural reuse of reclaimed water.

(9)

Any concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(10)

When the Director determines that a user is contributing to any portion of the city wastewater system, any of the above-enumerated substances in such amounts as to cause a pass through, cause a violation of any applicable permit or contract, or otherwise interfere with the operation of the system, the Director shall:

(a)

Advise the user of the impact of the contribution on the POTW; and

(b)

Develop effluent limitations for such user to correct the interference with the POTW.

No person shall discharge sewage or wastewater in excess of the concentration set forth in the Table below unless an exception has been granted the user under the provisions of Section 17-33.

Certain industrial users shall become subject to national categorical pretreatment standards promulgated by the USEPA specifying quantities or concentrations of pollutants or pollutant properties, which may be discharged into a city POTW. All industrial users subject to a national pretreatment standard shall comply with all requirements of such standard, and shall also comply with any additional or more stringent limitations contained in this article. Compliance with national pretreatment standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be within three (3) years following promulgation of the standards unless a shorter compliance time is specified in the standard. Compliance with national pretreatment standards for new sources shall be required upon promulgation of the standard. Except where expressly authorized by an applicable national pretreatment standard, no industrial user shall increase the use of the process water or in any way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with such standard.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations, or those contained in this article. The City reserves the right to establish by ordinance more stringent limitations or requirements from dischargers to the city wastewater system if deemed necessary to comply with the objectives stated at the beginning of this article.

(A)

Plan for accidental discharges. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's 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 construction of the facility. All existing industrial users or industrial users that connect within two hundred seventy (270) days from the effective date of the ordinance from which this article was derived shall complete such a plan within sixty (60) days from connecting to the system. No industrial user who commences contribution to any city POTW or any portion of the city wastewater system at least two hundred seventy (270) days after the effective date of this article 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 the responsibility to maintain the industrial user's facility as necessary to meet the requirements of this article.

(B)

Telephone notification. Any person causing or suffering any discharge, whether accidental or not, which presents or may present an imminent or substantial endangerment to the health and welfare of persons, to the environment, or which is likely to cause interference with any city POTW or the city wastewater system as a whole, shall notify the director immediately by telephone.

(C)

Written report. Within five (5) days following such occurrence, the user shall provide the director with a detailed written report describing the cause of the dangerous discharge and measures taken or 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.

The owners of all the property in the city abutting upon a public right-of-way or easement which is within one thousand feet (1,000) of the city wastewater system and upon which is situated a house, building or other structure used for human occupancy, employment, recreation or other related purposes is hereby required at their own expense to install suitable toilet facilities therein and to connect such facilities directly with such system in accordance with the provisions of this article within one hundred eighty (180) days after the date of official notice to do so.

Where the city wastewater system public sanitary sewer is not available under the provisions of section 21-66, the building sewer may be connected to a private sewage disposal system complying with the provisions of this article. The city may, at its own expense, extend the existing wastewater system to within one thousand feet (1,000) of any owner requesting to use a private sewage disposal system and require that owner to connect to the city's wastewater system pursuant to section 17-21.

Before commencement of construction, reconstruction, enlargement, modification or improvement of a private sewage disposal system, the owner shall first obtain written approval from the city. The application for such approval shall be made in a form acceptable to the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary.

Connection to a private sewage disposal system shall not be placed in service until the installation is completed and accepted by the City. The city shall be allowed to inspect the work at any stage of construction and, in any event, the applicant shall notify the city when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty- eight (48) hours (excluding Saturdays, Sundays and holidays) of the receipt of notice.

The type, capacities, location and layout of a private sewage disposal system shall comply with all federal, state and county regulations. No septic tank or cesspool shall be permitted to discharge to any storm sewer, open drain, ditch, stream, well penetrating water-bearing formations, or natural outlet. Private ownership of a sewage disposal system shall be retained by the applicant and the facilities shall be operated and maintained by the property owner in a sanitary manner at all times, at no expense to the City.

At such time as the city wastewater system becomes available to a property served by a private sewage disposal system, as provided in section 17-21, a direct connection shall be made to the City wastewater system and any septic tanks, cesspools and similar private sewage disposal facilities shall be removed or abandoned and filled with suitable material.

There shall be three (3) classes of building sewer connections; residential service, commercial service, and service to establishments producing industrial wastes. In either case, the owner or his agent shall make application in a form acceptable to the City. The application shall be supplemented by any plans, specifications or other information considered pertinent.

All cost and expense incident to the connection of the building sewer from the owner's building to the City sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. The physical connection of the building sewer at and directly into the public sewer shall be made under the direct supervision of an authorized representative of the City. No building shall be approved for use and/or occupancy until the connection fee is paid and the connection is inspected and approved.

All sewer construction shall comply with the City construction specifications, plumbing code, and other applicable specifications and engineering criteria.

Responsibility of the City for operation, maintenance, service and/or repairs of the building sewer from the public sewer shall terminate at the nearest property or easement line of the owner so served.

A.

General Criteria. The discharge by a user to the City wastewater system of certain liquids or wastes may be prohibited or limited by the provisions of this Chapter.

1.

Wastes, which contain oil and grease, may be discharged to the City Wastewater system in accordance with the conditions set forth in this Chapter.

2.

Wastes containing oil and grease, including materials processed through garbage grinders, shall be directed to the grease interceptor or trap.

3.

Wastes containing residual (trace amounts) petroleum based oil and grease shall be directed to the oil/water separator.

4.

Sanitary facilities and other similar fixtures shall not be connected or discharged to the oil and grease interceptor or the oil/water separator.

5.

Liquid wastes shall be discharged to the oil and grease interceptor or oil/water separator through the inlet pipe only and in accordance with the design/operating specifications of the device.

6.

Oil and grease interceptors and oil/water separators shall be installed in a location that provides easy access at all times for inspections, cleaning and proper maintenance, including pumping. The location of the oil and grease interceptor or oil/water separator shall be approved by the Director of Utilities prior to installation.

7.

Nonresidential establishments (users) that prepare, process or serve food or food products shall have an approved oil and grease interceptor. Nonresidential establishments that have the potential to discharge wastes containing residual petroleum based oil and grease, such as commercial laundries, car washes and automotive related facilities, shall have an approved oil/water separator. Other users may be required by the Director of Utilities to install an approved oil and grease interceptor or an oil/water separator, as appropriate, for the proper handling of wastes containing oil and grease.

8.

Other types of users which manufacture or prepare large quantities of food, such as, but not limited to, commissaries, commercial kitchens and caterers shall install an oil and grease interceptor. Oil and grease interceptors shall be sized using design guidelines outlined within the adopted Construction Specifications Manual of the City of Tavares.

9.

Multifamily dwellings or areas of intensified dwelling which are found by the Director of Utilities to exceed oil and grease parameters identified in Section 17-17 of this chapter shall be required to install a grease and oil interceptor. The capacity of the oil and grease interceptor shall be evaluated based on the adopted Construction Specifications Manual of the City of Tavares.

10.

Automotive related enterprises, commercial laundries and laundry mats and other users, which contribute wastes containing petroleum (hydrocarbon) based oils and greases shall install an oil/water separator. Oil/water separators shall be sized as outlined within the adopted Construction Specifications Manual of the City of Tavares.

11.

Oil and grease interceptors and oil/water separators shall be installed solely at the user's expense. Proper operation, maintenance and repair shall be done solely at the user's expense.

12.

The Director of Utilities may request that the non-residential user provide documentation on the design and performance of the oil and grease interceptor or oil/water separator. Information to be submitted includes, but may not be limited to, catalog cuts, performance data, materials of construction, installation instructions and operation and maintenance manual.

B.

Design and Capacity.

1.

Oil and grease interceptors and oil/water separators shall be designed and constructed in accordance with this Chapter, the City's Construction Specifications Manual, latest edition, and other applicable State and local regulations.

2.

Alternative oil and grease removal devices or technologies such as under the sink applications shall be subject to written approval by the Director of Utilities and shall be based on demonstrated (proven) removal efficiencies.

3.

The capacity of the approved oil and grease interceptor and oil/water separator shall be in accordance with the requirements set forth in the latest edition of the City's Construction Specifications Manual.

C.

Installation.

1.

New Facilities. Oil and grease interceptors or oil/water separators shall be installed prior to the opening or reopening of said facilities.

2.

Existing Facilities. Existing facilities are encouraged to install a new oil and grease interceptor or oil/water separator.

D.

Maintenance.

1.

Cleaning and maintenance shall be performed by the user.

(A)

A BMP (best management practice) program is highly encouraged.

2.

Decanting, back flushing or discharging of removed wastes back into the oil and grease interceptor or oil/water separator from which the waste was removed or any other oil and grease interceptor or oil/water separator, for the purpose of reducing the volume to be hauled and disposed is prohibited.

3.

Oil and grease interceptors and oil/water separators shall be pumped out periodically as needed to prevent carryover of oil and grease into the collection system. Under-the-sink oil and grease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary to prevent pass through of grease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and outlets.

4.

The user shall be responsible for maintaining the oil and grease interceptor or oil/water separator in such a condition for efficient operation. An interceptor shall be considered to be out of compliance if the grease layer on top exceeds six (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate less than eighty (80%) percent.

5.

Wastes removed from each oil and grease interceptor or oil/water separator shall be disposed at a facility permitted to receive such waste. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment plants, without prior written approval from the Director of Utilities.

6.

The use of additives in no way shall be considered as a substitution to the maintenance procedures required herein.

7.

Flushing the oil and grease interceptor or oil/water separator with water having a temperature in excess of 140?F shall be strictly prohibited.

8.

All maintenance of oil and grease management devices, including proper disposal, shall be performed by the user at the user's sole expense.

E.

Monitor.

1.

The Director of Utilities and/or his or her designee is authorized to perform inspections of oil and grease interceptors.

2.

Pumpage from oil and grease interceptors and oil/water separators shall be tracked by a manifest that confirms pumping, hauling and disposal of waste. This manifest shall include a log of pumping activities maintained by the user. The log shall be kept on site and made available immediately to City personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's signature.

F.

Enforcement.

1.

The City of Tavares Code Enforcement Officer is authorized to enforce the regulations outlined in this regulation in accordance with standard code enforcement procedures as outlined in the City of Tavares Municipal Code. Additionally, the Code Enforcement Officer may serve any user a written notice stating the nature of oil and grease regulation violation. The user shall have seven days to complete corrective action and submit evidence of compliance to the Code Enforcement Officer and/or Director of Utilities.

2.

A Notice of Violation shall be issued to a user for failure to:

(a)

report pumping activities,

(b)

properly maintain (clean-out or pump) the interceptor or separator,

(c)

maintain and post the log of pumping activities,

(d)

maintain a file of records on site at all times,

(e)

provide logs, files, records or access for inspection or monitoring activities,

3.

If a user violates or continues to violate the provisions set forth in this section or fails to initiate/complete corrective action within the specified time period in response to a Notice of Violation, then among other actions, the Code Enforcement Officer and/or Director of Utilities may pursue the following options:

(a)

pump the oil and grease interceptor or oil/water separator and place the appropriate charge on the user's monthly sewer bill; and/or

(b)

if an extreme health or safety hazard exists, immediately terminate water and sewer service.

4.

Progressive enforcement action shall be pursued against users with multiple violations of the provisions of this section including, but not limited to, termination of water service.

5.

The user shall pay all outstanding fees, penalties and other utility charges prior to reinstatement of water and sewer service.

(A)

If any sewage, waters, or wastes are discharged, or are proposed to be discharged to the City wastewater system, which contain the substances or possess the characteristics enumerated in section 17-8 et seq., and which, in the judgment of the director, may have a deleterious effect upon the city wastewater system, processes, equipment, receiving waters or effluent disposal systems, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:

(1)

Reject the wastes;

(2)

Require pretreatment to an acceptable condition for discharge to the City wastewater system;

(3)

Require control over the quantities and rates of discharges;

(4)

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

(B)

If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director, and subject to the requirements of all applicable codes, ordinances, and laws. Any such approved design shall, in addition to all other requirements, provide for an access point to allow for the sampling of wastewater discharge from the user. Where preliminary treatment or flow-equalizing facilities are provided for any sewage, waters, or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner or user at his expense.

The owner of the property served by the wastewater system shall be responsible for the proper operation and maintenance of the building sewer; specifically all plumbing from wastewater system into and including the house plumbing. The city shall have the right to inspect the building sewer and to cause discontinuance of water and/or sewer service to any property where the plumbing is not maintained in a sanitary and effective operation condition or if the public sewer facilities may be harmed thereby.

The City shall be responsible for the operation and maintenance of the City wastewater system and for providing service to receive the approved wastewater discharge from the building sewers.

Duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, gauging, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, within the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Meter Installation Charge: A charge paid to the City by a developer or consumer or customer as reimbursement to the City for the actual cost of furnishing and installing the meter and all other facilities at a water or wastewater service connection either at the time of initial installation or whenever a change in size or capacity is performed.

Customer: The individual or corporate entity responsible for payment of the security deposit and monthly service charges. This shall be either the owner of the property or an individual or corporate entity authorized by the owner to open the utility account.

Equivalent Residential Unit (ERU): An average single-family detached residence. This definition is intended to reflect a service level of 325 gallons per day Average Daily Demand (ADD) of potable water and 250 gpd ADD for wastewater without regard to actual consumption per unit for all detached single- family residences without regard to actual consumption.

Equivalent Irrigation Connection (EIC): The equivalent of a single-family residential lot of one-half acre or less. This definition is intended to reflect a service level of 300 gallons per day ADD of reclaimed water without regard to actual consumption, which is considered the irrigation demand of a typical single family property with irrigable area of approximately 3,600 square feet.

Forced Connection: A utility connection for an existing building or structure to the City of Tavares water, wastewater or reclaimed water utility system that is mandated by law or by an order of the Lake County Commission, the Florida Department of Environmental Protection, the Florida Department of Health and Rehabilitative Services, the St. John's River Water Management District, or any other federal, state or local agency. "Forced Connection" shall also include any utility connection to the City of Tavares water or wastewater utility system that occurs as a result of the City's acquisition of an existing private utility company (amended by Ordinance 95-46).

Non-Profit: A corporation, organization, or other legal entity qualified as tax exempt under the Section 501(c)(3) of the Internal Revenue Code.

Reclaimed Water Connection Fees: Fees assessed by the City to defray the proportionate share of the capital improvement costs necessitated to provide capacity for the new reclaimed water connection or an existing reclaimed water connection requiring additional capacity.

Wastewater Connection Fees: Fees assessed by the City to defray the proportionate share of the capital improvement costs necessitated to provide capacity for the new wastewater connection or an existing wastewater connection requiring additional capacity.

Water Connection Fees: Fees assessed by the City to defray the proportionate share of the capital improvement costs necessitated to provide capacity for the new water connection or an existing water connection requiring additional capacity.

(A)

This article establishes procedures to facilitate the orderly expansion of the City's water, wastewater, and reclaimed water systems providing alternatives for funding of such expansion by those benefiting thereby imposing fees, which are reasonably commensurate with the burden currently imposed or reasonably anticipated to be imposed on those systems.

(B)

The City has determined that certain necessary improvements will have to be undertaken in order to provide water, wastewater and reclaimed water capacity for the influx of new residents, industrial and business establishments anticipated to occur in future years. In order to finance these necessary capital improvements, several combined methods of financing will be necessary, one of which is a Connection Fee.

(C)

The City Council has authority, pursuant to Florida Statutes, Chapter 166, to establish a capital cost recovery charge, hereafter called a Connection Fee to pay for the necessary extension of the water, wastewater and reclaimed water systems. The amount of these Connection Fees has been determined on the recommendation of the City's independent utility consultants and as distilled through the process of public meetings.

(D)

The City Council adopts by reference the Water, Wastewater and Reuse Capital Charge Study dated August, 2002, prepared by Hartman & Associates, Inc.

(E)

The City Council finds that after an examination of all methods of financing, the Connection Fee is a necessary integral part of the financing of future water, wastewater and reclaimed water systems in the City at this time, and that these Connection Fees should be reviewed on a regular basis in order to ensure that it continues to reflect charges that is reasonably commensurate with the burden currently imposed or reasonably anticipated to be imposed on community services.

The City Council hereby establishes, pursuant to its home rule power, the following wastewater, water, and reclaimed fees:

For purposes of this table, LOS stands for Level of Service. gpd stands for gallons per day. ERU stands for Equivalent Residential Unit. EIC stands for Equivalent Irrigation Connection and is based on one inch per week or water for irrigation. Application of the EIC basis to customers within the City's service area is as follows:

1.

Single-family lots consisting of one-half acre or less are equal to one EIC.

2.

All other General Service connections are the greater of: one EIC; or the area in square feet subject to irrigation times 0.083 gpd/sf divided by 300 gpd/EIC and rounded up to the next higher number; or the requested amount of service in gpd divided by 300 gpd/EIC and rounded to the next higher number.

Without reclaimed water, the summary of the Connection Fees are based on LOS criteria per ERU of 325 gpd for water and 250 gpd for wastewater. With reclaimed water, the Connection Fees are based on LOS criteria per ERU of 250 gpd for water and 250 gpd for wastewater. The reclaimed water LOS criterion is 300 gpd per EIC based on the basis of one inch per week of water for irrigation.

The wastewater, water, and reclaimed water Connection Fees were determined based on the available most recent and localized data.

The City shall provide for an accounting and reporting of Connection Fees, collections, and expenditures.

(Ord. No. 2022-16, 11-2-2022)

Economic initiates and incentives that may from time to time be approved by City Council, affecting the amount of Connection Fees payable, shall be referenced in and regulated in accordance with Chapter 23 of the city's Land Development Regulations.

The water and wastewater Connection Fees for new construction shall be due and payable at the time of the issuance of a building permit by the City. Charges for existing units connecting to the City systems shall be collected prior to the approval of the application for service for water and/or wastewater service. Economic initiates and incentives that may from time to time be approved by City Council, affecting the timing of Connection Fees payable, shall be referenced in and regulated in accordance with Chapter 23 of the city's Land Development Regulations.

The City Council recognizes that in some instances, persons may wish to reserve water and wastewater capacity to secure firm estimates of capital charges that may be due in connection with a proposed development and not be subject to increases in the fee schedules prior to issuance of the building permit, the City shall accept payment of the estimated water and wastewater Connection Fees. Should a person use the option of prepayment allowed by this section, the following rules shall apply:

(A)

For new single-family residential development, pre-payment of water and wastewater capital charges shall not be permitted until the final plat is recorded in the public records of Lake County, Florida.

(B)

The amount of water and wastewater Connection Fees shall not be subject to adjustment at the time of building permit, so long as the proposed development has not been modified to the extent that the impact is increased by a change in the plans. If the plans for the proposed development are changed in such a way that the impact has been increased, the Connection Fee will be determined at the time of building permit using whatever fee schedules are in effect at that time, with credit being provided for the amount of prepayment. As provided in below, if a building permit is not obtained with twelve (12) months from the date of prepayment, the amount of Connection Fees will be recalculated at the time the building permit is obtained, with the applicant obtaining a credit for the amount of the prepayment.

(C)

Prepaid water and wastewater Connection Fees can only be used for the particular project and on the particular land, or in the case of a recorded plat, the particular lot, which is the subject of the building permit. Prepaid Connection Fees cannot be transferred to any other real property. Such prepaid Connection Fees shall only be valid to avoid adjustment of the Connection Fees based on a new fee schedule for a period of twelve (12) months from the date of issuance. If the building permit is not obtained by that date, or after being obtained, is allowed to expire, water and wastewater Connection Fees shall be recalculated at the time of issuance of the permit (or new permit as the case may be) using the then current water and wastewater Connection Fees schedules with a credit being given for the amount of the previous prepayment.

(D)

The prepaid water and wastewater Connection Fees shall not be refundable for any reason other than failure of the Connection Fee being expended as required by law. If the plans for the proposed development are changed in such a way that the impact has been decreased, or if a building permit has not been issued, the prepaid Connection Fee (or portion thereof, as the case may be) shall not be refundable. Credit will be given for a different project on the same site in the future in an amount equal to the prepayment, however, the fees shall be determined using the fee schedule in existence at the of approval of the new development.

(A)

For the purposes of calculating and imposing the water and wastewater Connection Fees provided for in Sections 17-38 and 17-32, the ERU factor for any particular connection shall be calculated and imposed in the manner provided as follows.

(B)

One (1) equivalent residential unit (ERU) shall, for the purposed of this section, have an assigned value of 1.000. One (1) wastewater ERU is hereby established and determined to be equal to a flow of two hundred fifty (250) gallons per day (GPD), ADD basis. One (1) water ERU is hereby established and determined to be equal to a flow of three hundred twenty-five (325) gallons per day (GPD), ADD basis. The total equivalent residential value for an establishment shall be calculated by multiplying the ERU factor listed in Subsection (A) of this section times the number of units for both water and wastewater.

(C)

For all establishments not listed above, the total equivalent residential unite (ERU) value shall be determined by dividing the number of fixture units, in the establishment as published by the American Water Works Association, by twenty (20). For example:

Total ERU value = Number of fixture units
20

The water or wastewater Connection Fee would then be determined by using the following formulas:

Total ERU value × current Connection fee = Wastewater Connection Fee

Total ERU value × current Connection fee = Water Connection Fee

(D)

In the event any water and wastewater customer changes the use of his property such that the new use has a higher ERU factor, that customer, prior to the issuance of a certificate of occupancy, shall be required to pay the increase in the water and wastewater Connection Fees represented by the higher ERU factor over the water and wastewater Connection Fees paid by the customer when the original service connection was made.

(E)

If an applicant for a non-residential water or wastewater connection that is not included within any of the categories set forth in Subsection (A) of this section can demonstrate, to the satisfaction of the Director of Utilities, that actual water or wastewater usage will be less than eighty percent (80%) of the equivalent residential unit use assigned to such establishment as set forth in Subsection (C), then the Director of Utilities may determine, based on actual usage, anticipated usage, peak load requirements, or any combination of the foregoing using accepted engineering standards, a different or lesser total equivalent residential unit value. The Director may require the applicant to submit a study by a licensed professional engineer supporting the requested reduction. If the Director determines that the actual water or wastewater usage will be greater than the equivalent residential unit usage assigned to such category as set forth above, then the Director may determine, based on actual usage, anticipated usage, peak load requirements, or any combination of the foregoing using accepted engineering standards, a different or grater total equivalent residential value. The Director's determination shall be based on the maximum potential usages for the given connection and shall take into consideration both the number of fixture units and the allowable uses for the particular land use designation. After twelve (12) months, the Director may adjust the Connection Fee by increasing or decreasing it based on actual water and wastewater flows.

The proceeds accumulated by reason of the establishment of a water, wastewater and reclaimed water Connection Fee can be used only for the expansion of the primary water system, the primary wastewater system and primary reclaimed water system. Such proceeds may not be used for improving, updating or bringing the present system into compliance with any change in laws brought about by reason of pollution control, unless such improvements also result in an increase of system capacity.

(A)

There are herby established three (3) trust funds, designated as:

(1)

Connection Fee improvement trust fund for the expansion of primary water system; and

(2)

Connection Fee improvement trust fund for the expansion of primary wastewater system.

(3)

Connection Fee improvement trust fund for the expansion of primary Reclaimed water system.

(B)

All water, wastewater and reclaimed water Connection Fees paid to the City shall be deposited in the appropriate trust fund to be held in separate accounts and used only for the purposes of the expansion of the City's primary water system, the primary wastewater system and primary reclaimed water system. Funds may be disbursed from these accounts in the customary manner in accordance with appropriate law. Any finds on deposit in the trust funds, which are not immediately necessary for expenditure, may be invested in direct obligations of the United States of America or placed in time deposits of banks or trust companies represented by certificates of deposit fully secured as provided by law in a manner consistent with the City's investment policy. All such security shall be held by the depository bank, and all income derived therefrom shall be deposited in the applicable trust funds as established in this section.

The use of any funds previously collected under the provisions of previous water, wastewater and reclaimed water Connection Fee ordinances are restricted for use in accordance with the provisions contained in Sections 17-42 and 17-43. Under no circumstances shall any funds collected under the terms of any previous ordinance or under the terms of this article be expended for any purpose other than extending or over sizing, separating, or construction new additions to the treatment plant, capital lines and facilities, or collection and interceptor systems so as to meet the increased demand, which additional connections the system create.

(A)

Any new City of Tavares utility customer who is the subject of a Forced Connection shall be eligible to finance the payment of his water or wastewater or reclaimed water Connection Fees on the following terms and conditions:

(1)

Financing will be established at a five (5) year term at a fixed interest rate equal to prime (as established by LIBOR), plus one percent (1%), at the beginning of the term.

(2)

The customer shall pay twenty percent (20%) of the total Connection Fee at the time financing is extended, and the balance shall be paid over five (5) years at the designated interest rate.

(3)

The Connection Fee obligation shall be paid in monthly installments, to be billed by the City.

(4)

The balance due the City for the financed Connection Fee may be prepaid at any time before the end of the finance term without the payment of penalty.

(5)

Upon any sale or transfer of the property served by the Forced Connection, the entire outstanding balance of the uncollected Connection Fee shall be due and payable.

(B)

The customer shall enter into a written agreement with the City agreeing to pay the Connection Fee obligation in monthly installments with interest as set forth herein and agreeing that the City shall have the right to terminate utility service to the customer in the event of nonpayment of the Connection Fee obligation.

Any customer may have the city install one (1) or more potable water irrigation meters for potable water that will be used exclusively for irrigation purposes. No potable water metered through an irrigation meter may be used for any other residential or commercial purposes. Potable water metered through an irrigation meter shall not be considered in calculating wastewater fees as provided in section 17-55.

(A)

This section is included in order to comply with the provision of F.S. Chapter 420 and F.S. section 163.3177(6)(f), to encourage the provision of housing for very low and low income families.

(B)

When an existing single-family residence is annexed into the city limits, the city administrator may waive the Connection Fees required by this chapter according to the following graduated scale if the city administrator finds that the owners of the annexed single-family residence meet the following specified income classifications:

(1)

For a housing unit which will be affordable to a "low income" person as defined by F.S. chapter 420, fifty (50) percent waiver of the Connection Fee for that housing unit.

(2)

For a housing unit which will be affordable to a "very low income" person as defined by F.S. Chapter 420, seventy-five (75) percent waiver of the capital charges for that housing unit.

(C)

Any such waiver shall be only for that portion of the annexed property that meets the minimum income criterion. Upon such waiver, the city administrator shall identify on the record the source of city funds that shall be used to pay the Connection Fees for the services or facilities that would otherwise have been paid for by the development that received the waiver. The city shall not increase the amount of the Connection Fee payable under this chapter to replace any revenue utilized from another revenue source because of the waiver granted under this subsection. However, the city administrator may choose to allocate interest earned in any Connection Fee trust fund to be used to provide waivers as provided herein for similar Connection Fees.

(A)

Fire hydrants, fire sprinkler systems or hose racks may be established on private property by the owner thereof at this own costs for the equipment, pipes, valves, fittings and connections to water mains, etc., provided the same shall be done under the supervision and subject to the inspection of and in accordance with the requirements of the water and wastewater collection department, and the maintenance of such mains, valves and hydrants shall be at the cost and expense of the owner of the property. The regular established rate for such connection for such fire hydrants, fire sprinkler system and hose racks shall be paid, and if not, the shame shall be disconnected from the water system.

(B)

Any party establishing fire hydrants, fire sprinkler systems or hose racks shall have the right to have the same connected with the city's water system and have installed and maintained at his own costs by the water and wastewater collection department a water meter, and to pay thereof, the regular established charge for water service listed in the published rates, whether water has been used for fire or any other purpose. No fixture whatsoever, other than fire hydrants, sprinkler connections and hose racks, used for fire only, shall be connected on such fire line.

(C)

The city guarantees no certain water pressure and shall in no case be in any way liable or responsible to any person whatsoever in case of fire, for any damage that may result from any alleged insufficiency of such fire protection, either from want of pressure or volume, accessibility or for any other cause.

(D)

The service charge for fire sprinkler systems within the city, not metered, is hereby prescribed and fixed as follows:

(1)

For each four-inch sprinkler system connection, per year .....$35.00

(2)

For each six-inch sprinkler system connection, per year .....$53.00

(3)

For each eight-inch sprinkler system connection, per year .....$88.00

Charges shall be payable annually in advance on October first, to the water and wastewater collection department of the city. No water is to be used from sprinkler systems at any point on the line except in case of fire, nor are any fixtures whatsoever to be connected with such fire line.

(E)

The service charge for fire hydrants on private property within or without the city, not metered and utilized for private fire protection is hereby prescribed and fixed as follows:

(1)

Within the city, per year, per hydrant .....$53.00

(2)

On private property or streets outside the city, not metered, per year, per hydrant .....$66.25

These rates are payable annually in advance on October first, without discount to the water and wastewater collection department of the city. No water is to be used from firm hydrants, or from the service line on which they are situated, unless metered, except in case of fire; nor are there any other fixtures whatsoever to be connected with such fire lines.

(F)

Hose racks on private property within or without the city, connected with the city mains not metered, shall pay a service charge of twenty-six dollars ($26.00) per year per hose rack, located within the city and thirty-two dollars and fifty cents ($32.50) per year per hose rack for those located outside the city, payable annually in advance on October first. No water shall be used from such hose rack or from the line upon which they are situated unless metered, except in case of fire, nor are any other fixtures whatsoever to be connected with such fire line.

If any person as the owner of the property, shall have upon such property a supply of water other than the supply of water furnished by the city, such owner shall have a dual system of pipes upon the property, one (1) system of pipes being for water supplied by the city and the other system of pipes being for the supply of water from the private supply. It shall be unlawful for the two (2) systems to be connected together in any manner whatsoever.

It shall be unlawful for any person to use a private well to provide water for any commercial, industrial or residential use, other than for irrigation. No private wells intended to provide water for any commercial, industrial or residential uses, other than for irrigation, shall be drilled or dug within the city limits.

Nothing in this article shall prohibit any person from drilling, digging or boring a shallow well in the city to be used for irrigation purposes only. Irrigation wells shall not exceed fifty (50) feet in depth or two (2) inches in diameter.

(A)

It shall be unlawful for any person to have upon his property within the city an abandoned well, which is not properly plugged in accordance with this section.

(B)

All abandoned wells on property within the city shall be filled from bottom to top with neat cement grout. Neat cement grout means a mixture consisting of water and Portland cement, American Concrete Institute Type 1 or Type 3. If an abandoned well has foreign materials inside, they shall be cleared from the well prior to grouting.

(C)

The owner of property within the city on which there exists a well which is to be abandoned shall notify the city of his intent to abandon the well. A city representative shall inspect the well to ensure that it is plugged according to the requirements of subsection (B) of this section. The owner shall be fined twenty-five dollars ($25.00) per day for each day following the sixtieth day after abandonment of the well that the well remains improperly plugged.

(D)

For the purposes of this section, the words abandoned water well mean a well whose use has been discontinued, a well whose water is not being put to reasonable beneficial use or a well in such a state of disrepair that its continued existence may damage the water resources in the area, as determined by a representative of the city.

(E)

The city may enter upon any property within the city to inspect for compliance with this section at any time that it receives a report of or otherwise has reasonable cause to suspect that their exists on the property an improperly plugged or hazardous well. Upon locating an abandoned well not in compliance with this section, the city shall advise the owner of the property of the noncompliance and give the owner sixty (60) days to remedy it. The owner shall be fined twenty- five dollars ($25.00) per day for each day following the sixtieth day after notice of noncompliance is given by the city that the well remains improperly plugged.

Future water capacity may be purchased and reserved for any property lying within the City of Tavares Water Service Area, as described in the map attached hereto as Exhibit A. The procedures set forth in Sections 17-36 through 17-44 for the purchase of wastewater capacity shall be applicable to the purchase of water capacity.

(A)

The City Council hereby adopts the reclaimed water rate schedule as set forth in the following table as Exhibit "A."

EXHIBIT "A"
Reclaimed Water Utility Rate Schedule (as per Rate Study dated September 2023)

(B)

For purposes of the table, "EIC" is defined as Equivalent Irrigation Connection.

Application of the EIC basis to customers within the City's service area is as follows:

(1)

Single-family lots consisting of one-half acre or less are equal to one EIC.

(2)

All other General Service connections are the greater of: one EIC; or the area in square feet subject to irrigation times 0.083 gpd/sf divided by 300 gpd/EIC and rounded up to the next higher number; or the requested amount of service in gpd divided by 300 gpd/EIC and rounded to the next higher number.

(C)

For the purposes of customer classification, reclaimed water customers shall be classified as follows:

(1)

General Service - consisting of single and multi-family residential, and commercial customers with meter sizes less than 2.00 inches; With respect to general service meter sizes greater than 2.00 inches, the Utility Director, in his sole discretion, shall determine whether the customer shall be classified as a General Service customer or a Large User; or

(2)

Large Users are individual customers that:

(a)

Utilize 70,000 gpd or greater of reclaimed water on an average annual daily basis;

(b)

Connect directly to reclaimed water major transmission mains;

(c)

Enter into contractual agreements with the Utility, whereby, contributions, quantities and methods of delivery are specifically detailed. Reclaim water flow amounts and EICs for contractual agreements with the Utility shall be based on the greater of

i.

Available historical data for the customer which shall be reviewed annually and adjusted if applicable, or

ii.

Criteria in B(2) above.

All agreements shall provide that a specific or minimum flow of reclaimed water and/or pressure at the point of connection are interruptible and not guaranteed by the City of Tavares.

The Large User customer class is further separated into two subclasses consisting of:

i.

Pressurized - those requiring pressurized delivery to facilitate the customer's distribution needs; and

ii.

Non-Pressurized - those customers taking delivery into storage facilities without the need for system pressure.

(D)

Commencing on October 1, 2010, and each year thereafter, rates set forth in Exhibit "A" shall be adjusted by the greater of: (i) 1.0 percent; or (ii) 1.0 percent per year in addition to the annual indexing for inflation pursuant to the Consumer Price Index as of March 31, 2010 and each year thereafter. The new rates shall be calculated by multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of March of the same calendar year for which the increase applies and the denominator shall be the index for the month of March of the previous calendar year.

(EXAMPLE: increases for October 1, 2009, would use numerator for March 2009 and denominator for March 2008. 212.709/213.528 = 0.9962 which is an increase of 0.38%)

(1)

Section 17-54 (D) above shall be suspended until October 1, 2028, and utility rates provided in Exhibit "A," attached and made a part of this Ordinance will be implemented during the suspension of Section 17-54(D) above. City Policy is to complete a utility rate study every five (5) years which may be scheduled to begin prior to the reinstatement of provision (D) above.

(E)

All rate adjustments containing fractional amounts less than one cent shall, upon calculation, be rounded up to the nearest whole cent.

(Ord. No. 2022-17, 12-21-22; Ord. No. 2023-11, 10-18-23)

(A)

The City Council hereby adopts the wastewater treatment rate schedule as set forth in the following table as Exhibit "B."

Exhibit "B"
Wastewater Utility Rate Schedule (as per Rate Study - September 2023)

(B)

"EMC" is defined as Equivalent Meter Connection. All single family connections are considered as one EMC irrespective of water meter size. Whereas, EMCs for non-single family, commercial and irrigation are progressive based on water meter size equivalency factors.

(C)

Commencing on October 1, 2010, and each year thereafter, rates set forth in Exhibit "B" shall be adjusted by the greater of: (i) 1.0 percent; or (ii) 1.0 percent per year in addition to the annual indexing for inflation pursuant to the Consumer Price Index as of March 31, 2010 and each year thereafter. The new rates shall be calculated by multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of March of the same calendar year for which the increase applies and the denominator shall be the index for the month of March of the previous calendar year.

(EXAMPLE: increases for October 1, 2009, would use numerator for March 2009 and denominator for March 2008. 212.709/213.528 = 0.9962 which is an increase of 0.38%)

(1)

Section 17-55(C) above shall be suspended until October 1, 2028, and utility rates provided in Exhibit "A," attached and made a part of this Ordinance will be implemented during the suspension of Section 17-55(C) above. City Policy is to complete a utility rate study every five (5) years which may be scheduled to begin prior to the reinstatement of provision 17-55(C) above.

(D)

Upon calculation, all user rates shall be rounded up to the nearest whole cent.

(E)

Specific service rates: The City of Tavares City Council hereby adopts the following specific service rates:

(1)

Inspection fee $10.00

(2)

Non-sufficient funds charge Per State Statute

(3)

Unauthorized connection penalty $1,000.00

(Ord. No. 2022-17, 12-21-22; Ord. No. 2023-11, 10-18-23)

(A)

The City Council hereby adopts the water utility rate schedule as set forth in the following table as Exhibit "C."

Exhibit "C"
Water Utility Rate Schedule (as per Rate Study - September 2023)

(B)

Commencing on October 1, 2010, and each year thereafter, rates set forth in Exhibit "C" shall be adjusted by the greater of: (i) 1.0 percent; or (ii) 1.0 percent per year in addition to the annual indexing for inflation pursuant to the Consumer Price Index as of March 31, 2010 and each year thereafter. The new rates shall be calculated by multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of March of the same calendar year for which the increase applies and the denominator shall be the index for the month of March of the previous calendar year.

(EXAMPLE: increases for October 1, 2009, would use numerator for March 2009 and denominator for March 2008. 212.709/213.528 = 0.9962 which is an increase of 0.38%)

(1)

Section 17-56(B) above shall be suspended until October 1, 2028, and utility rates provided in Exhibit "C," attached and made a part of this Ordinance will be implemented during the suspension of Section 17-56(C) above. City Policy is to complete a utility rate study every five (5) years which may be scheduled to begin prior to the reinstatement of provision 17-56(B) above.

(C)

All rate adjustments containing fractional amounts less than one cent shall, upon calculation, be rounded up to the nearest whole cent.

(D)

For purposes of the table, "EMC" is defined as Equivalent Meter Connection. All single-family connections are considered as one EMC irrespective of water meter size. Whereas, EMCs for non-single family, commercial and irrigation are progressive based on water meter size equivalency factors.

(E)

Specific Service Rate. The City Council hereby adopts the following specific service rates:

(1)

Connection Charge

(2)

Cross-Connection Charge

(3)

Deposits. (reclaimed, wastewater, and water)

(a)

Residential. The deposit shall be $175.00. However, if the same location has additional meters for irrigation or reclaimed service, the deposit shall be an additional $100.00 for each additional meter.

(b)

Commercial. The deposit shall be the greater of three months of a typical bill for the level of service (LOS) provided or $150.00.

(4)

Miscellaneous fees.

(a)

Voluntary Temporary Disconnection and Reconnection charge shall be $120.00 plus the monthly Base Charge for each service provided (Reclaimed Water, Wastewater and/or Water) for the number of months the service is disconnected. The Base Charge is defined in the table attached as Exhibits "A," "B," and "C." A voluntary disconnection and reconnection is defined as a request by the customer to have the meter shut off resulting in the need to reopen the water meter.

(b)

Reconnection charge for an involuntary disconnection is $25.00 plus the monthly Base Charge for each service provided (Reclaimed Water, Wastewater and/or Water) for the number of months the service is disconnected. The Base Charge is defined in the table attached as Exhibits "A," "B," and "C." An involuntary disconnection and reconnection is defined as a meter shut off resulting in the need to reopen the water meter that is not voluntary, including, but not limited to, the failure to pay a bill.

(c)

Initial account set-up charge: $25.00

(d)

Unauthorized connection penalty: $25.00

(for connection by customer without City authorization)

(e)

Cut lock penalty: $100.00

(imposed in addition to unauthorized connection penalty where a customer has cut a locked meter.)

(Ord. No. 2022-17, 12-21-22; Ord. No. 2023-11, 10-18-23)

(A)

All water, reclaimed water, and wastewater utility charges shall be due and payable at the city hall within twenty (20) days following the date of billing. There shall be added to and collected on each and every charge for water, reclaimed water and wastewater provided by the city, and not paid within twenty (20) days from the date of billing, a late fee of five (5) percent of the total bill.

(B)

If the failure to pay the service charge continues for a period of ninety (90) days from when said charge has become due, the City shall send to the person responsible for said bill a notice that a lien for the unpaid utility service charges will be placed upon the real property so served. This notice shall be sent by certified mail return receipt requested. If, within ten (10) days of the mailing of this letter, the City has not received payment in full, it shall be entitled to impose a lien upon the real property so served as allowed by law. This lien shall be recorded in the Public Records of Lake County, Florida and may be foreclosed upon in a manner as provided in Section 159-17 Florida Statutes. The City will be authorized to include in the lien amount the late fees, its attorneys' fees, and costs in the foreclosure proceedings. The lien shall be a continuing lien on the property and shall include and secure all subsequent utility charges, base rates and related penalties incurred on the subject property until such time as the lien is satisfied. The lien shall have priority over all other liens on such lands or premises served except the lien relating to State, County and municipal taxes and shall be on a parity with the lien of such State, County and municipal taxes.

The following policies and procedures shall be followed with regard to nonpayment of utility bills:

(A)

In order for the City to achieve the goal of bringing all commercial sites into compliance with the Land Development Regulations, the Planning & Zoning Division, prior to the opening of a commercial utility account, shall perform a zoning evaluation, which verifies if commercial sites are in compliance with the Land Development Regulations. No City utility connection shall be made until a zoning clearance is obtained.

(B)

After meter reading, the customer shall be mailed a bill giving him twenty (20) days to pay, after which time a penalty attaches.

(C)

Approximately twenty-five (25) days after billing date, a disconnect notice shall be mailed warning of disconnection as of a preset date appearing on the notice. The preset date may vary from tenv(10) to fourteen (14) working days from mailing date, depending on weekends and work schedule.

(D)

On or immediately after the preset date, service shall be terminated and a notice shall be left at the premises advising the customer as to how service may be restored. Service shall not be reinstated until delinquent and reconnection charges are paid. Service may, however, be reinstated at the direction of the city administrator in instances where payment is guaranteed by a social service agency.

(E)

The disconnect notice shall contain a request to contact customer service if there are questions on the accuracy, validity or correctness of the bill. If customer service cannot resolve these questions, the customer shall be referred to the city administrator and disconnect shall be suspended until the issues are clarified. Customer service shall notify the collections manager of the disputed bill in writing immediately. In the absence of the city administrator, the director of utilities has the authority to suspend a disconnect in the event of a disputed bill.

(F)

No disconnect shall result if the past due amount is a penalty amount and not a current bill unless the penalty is over a month old and is unchallenged.

(G)

No disconnect shall result if the past due amount is less than twenty-five dollars ($25.00) unless it is a recurring amount. The city administrator may increase this amount to a maximum of fifty dollars ($50.00) where disconnect volume is excessive for manpower available or the billing period is characterized by unusually high bills due to rates or weather and where relief is apparent.

(H)

The city administrator may delay a disconnect to the subsequent Friday where extenuating circumstances, such as incidence in paydays, warrant such action and collection appears secure.

(A)

Those users which have been granted an exception to discharge sewage or wastewater in excess of the concentrations set forth in section 17-52 shall be subject to a surcharge based upon the constituent most exceeding the allowable limit during the period involved and will be based upon the average results from a minimum of three (3) laboratory analyses taken at different times during the period involved.

(B)

The surcharge for excess concentrations of suspended solids, oxygen-demanding constituents or other constituents will be determined as follows:

Actual constituent — Maximum allowable concentration mg/l
Concentration mg/l (24-hour flow proportional composite)=
————————————————————————————-
Maximum allowable concentration (mg/l)

The surcharge multiplier times the normal use charge for the period becomes the total surcharge to be added to the normal use charge for the period.

(C)

The director will advise the user which analyses shall be conducted on wastewater or sewage samples and the frequency of sampling required. Samples may be required to be taken and analyzed by the user at his expense in a manner and at such intervals as required by the director. Copies of tests shall be furnished by the user on forms approved by the director. Samples may also be taken and analyzed periodically by the POTW staff.

No statement contained in this article shall be construed as preventing any special agreement or arrangement by and between the City and any industrial strength or character may be accepted by the city, subject to payment therefore by the industrial concern.

(A)

Water billing review policy established. There is hereby established the City of Tavares Water Billing Review Policy. All water billing complaints by city water customers shall be solved pursuant to this policy.

(B)

Water billing complaint procedure.

(1)

All water billing complaints shall be submitted to the city administrator, or his designee. The complaint shall contain the following information:

a.

The name of the water customer;

b.

The address of the water service;

c.

The City of Tavares water account number; and

d.

A brief statement detailing the factual basis for the billing complaint.

(2)

The city administrator, or his designee, shall review the complaint within five (5) working days. If the billing complaint involves the meter reading or the accuracy of the water meter, the city administrator, or his designee, shall immediately forward the complaint to the director of utilities for field-testing pursuant to this section

(C)

Field testing procedure.

(1)

The city administrator, or his designee, as soon as possible after receiving the complaint, shall schedule a meeting with the customer to inspect the water meter. The field test shall consist of the following steps:

a.

The city shall check the reading on the meter;

b.

If the customer still doubts the accuracy of the meter, the city shall perform three (3) consecutive five-gallon bucket tests.

c.

If the customer still doubts the accuracy of the meter, the city shall, at the request of the customer, remove the water meter and send it to the factory for further testing. If the factory test shows that the meter was accurate, the customer shall be billed for the actual cost of the test. If the factory test shows that the meter was inaccurate, the city shall pay for the test.

(2)

If either the re-check of the meter reading, the five-gallon bucket test, or the factory test shows the water billing to be in error, the city shall make an appropriate adjustment in the customer's bill as provided for in this section.

(D)

Water bill adjustments.

(1)

All water bill adjustments shall be made by the city administrator, whose decision on the complaint shall be final. All water bill adjustments shall be in writing.

(2)

In making any water bill adjustments, the city administrator may consider:

a.

The average amount of the customer's prior water bills;

b.

The approximate amount of the customer's prior water bills;

c.

The approximate amount of water actually used by the customer during the disputed billing period;

d.

Adjusting the customer's water bill to provide a credit for the amount of any over-billing that is determined to have occurred.

e.

Adjusting the customer's wastewater bill to reflect any credit due as a result of the water billing error.

(3)

The city administrator shall not be authorized to reduce or forgive any water bill where the field test indicates that the water meter is working properly.

(A)

The City has created water, wastewater and reclaimed water Connection Fees to be paid by new utility customers when building permits are issued. Those Connection Fees, represent the amounts required to pay for major capital improvements to existing utility systems necessitated by new growth.

(B)

It is the intent of the City Council to require new growth to pay for all major expansions to the existing utility systems required by new growth. Accordingly, major utility line extensions required to serve new growth will be paid for from utility Connection Fees, and the cost of extending those utility capital lines has been included in the utility Connection Fee calculation. It is further the intent of the City Council that the cost of installing utility service mains to connect to the utility capital lines shall be borne by the developer of the new growth.

(A)

Certain major water, wastewater and reclaimed water mains are critical to the establishment of the City's utility system and will serve large regions of the City's utility service area. These major utility mains will be installed and funded by the City shall be referred to as capital utility lines. Property fronting upon or otherwise benefited by these capital utility lines will not be assessed for the cost of construction these lines.

(B)

The capital utility lines to be installed by the City from Connection Fees shall be specifically identified on a master map or maps to be located and maintained in the City Hall. The map shall be referred to as the capital utility line map, and its maintenance shall be the responsibility of the City Administrator or his or her designee. The initial map shall be adopted by reference with, and shall become a part of this article. The Council may amend the capital utility line map, by ordinance, as may be necessary to carry out the City's master water and wastewater plans.

Insofar as capital utility line extensions are partly dependent upon collection of Connection Fees for funding, the City makes no time commitment as to when those lines will be constructed. As funds are available from Connection Fees and/or other sources, capital utility line extensions will be constructed by the City based upon a priority schedule as determined by the City Council.

The City recognized that areas of the City utility service area that are scheduled to be served by capital utility line extensions may be desired to be developed prior to the City's installation of the capital utility line extensions. In such as instance, the developer shall be required to install the capital utility lines at his own expense, but shall be entitled to receive a credit against the transmission element of its utility Connection Fees for the actual cost of installing the capital utility line extensions. In the event that the actual cost of installing the capital utility line extensions exceeds the total amount of the transmission element of the developer's utility Connection Fees, the City shall not be responsible for refunding any of that excess to the developer.

(A)

All utility service mains, collectors and facilities necessary to connect a particular customer to an existing capital line extension shall be installed at the expense of the customer desiring service. The location, capacity, materials and design criteria for connecting service mains shall be subject to City review and approval, and shall conform to the City's criteria for such facilities. In the event that the City desires to increase the size of any such collector service main above what is necessary to serve the customer installing the main, then the City shall pay for the difference in the cost of the size increase. Various customers that may be serviced by the installation of a utility serve main may join together and share the cost of the installation of that service main. However, the City will not be responsible for apportioning, rebating or otherwise accounting for the cost of the utility main among the various property owners.

(B)

It is the City's policy to discourage to the maximum extent possible the proliferation of small capacity pump stations. Whenever possible, gravity systems shall be used to minimize system operation and maintenance costs.

(C)

All service mains and facilities constructed pursuant to this section shall, upon final completion and approval, be dedicated to and become the property of the City.

(A)

All utility mains and facilities within a development, shall be constructed by the developer or owner at his expense. All such construction shall conform to the City's criteria for such facilities.

(B)

All utility mains and facilities constructed pursuant to this section shall, upon final completion and approval, be dedicated to and become the property of the City.

Lift stations, manholes and other utility facilities required along capital line extensions shall be constructed by the City from Connection Fees at the time the capital line extension is installed. Lift stations, manholes and other utility facilities required along service or collector mains, or within developments, shall be constructed by the customer at his expense, in accordance with City standards.

Nothing in this article shall be construed as invalidating any contracts, agreements or assessments for the extension of utility lines in existence or under negotiation at the time this article becomes effective.

Prior to commencing construction of any capital utility lines or facilities, service mains or facilities, or development mains or facilities that are to be dedicated to the City, the developer thereof shall pay to the City for engineering and inspection services furnished by the City a fee equal to two percent (2%) of the total cost of construction of the lines and facilities. This section shall not apply to utility lines and facilities being constructed wholly within a subdivision where an inspection fee has been paid pursuant to Section 16-9 of the City of Tavares Land Development Regulations.

Pursuant to the home rule power of article VIII, 2(b), Florida Constitution and F.S. Ch. 166, and the powers granted in the city charter, the city does hereby establish a stormwater drainage utility and declare its intention to acquire, own, construct, equip, operate and maintain open drainage-ways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for a complete stormwater control system; and also including maintenance, extension and reconstruction of the present stormwater control system of the city; to minimize by suitable means such system's adverse effect on the water quality of adjacent lakes; and to seek the cooperation of the county and other municipalities in minimizing the effects of all such systems and other sources of accelerated runoff to flooding and water quality.

The following words, terms and phrase, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beneficiaries of Drainage Service: All developed real properties within the City, which benefit by the provision of maintenance operation and improvement of the stormwater control system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff improvement in the general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters.

Contributors of Drainage Waters: All developed real properties within the City.

Developed: Any property altered in appearance by removal of vegetation, grading of the ground surface and construction of a structure or impervious surface.

Director: The director of the stormwater drainage utility appointed or designated by the city administrator.

Equivalent Single-Family Unit (ESFU): The average impervious area for single-family dwellings in the city, as established by resolution of the city council.

Fee: A stormwater drainage utility fee enacted herein and set by resolution.

Hydrologic Response: The manner and means by which stormwater collects upon real property and is conveyed from real property, and which is a function dependent upon a number of interacting factors, including, but not limited to, topography, vegetation, surficial geologic conditions, antecedent soil moisture conditions and groundwater conditions. The principal measures of the hydrologic system may be stated in terms of total runoff volume, as a percentage of total precipitation which runs off, or in terms of the peak rate of flow generated in the event of a storm of given duration and intensity, or statistical interval of return (frequency).

Impervious Areas: Those hard-surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions prior to development, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water in ponds and lakes.

Multiple-Dwelling Unit: A building or facility consisting of more than one (1) dwelling unit, each such unit consisting of one (1) or more rooms with bathroom and kitchen facilities designed for occupancy by one (1) family.

Nonresidential Unit: Any building, structure or facility used other than as a dwelling unit or single-family unit.

Open Drainageway: A natural or manmade open cut which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation, such as swales, ditches, canals, streams and creeks.

Peak Flow: The highest instantaneous rate of stormwater runoff, measured or estimated in cubic feet of water per second. It is differentiated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated, or estimated.

Single-Family Unit (SFU): One (1) or more rooms with bathroom and kitchen facilities designed for occupancy by one (1) family such as houses, townhouses, apartment units, duplex units, condominiums, zero lot line, etc., where the units are sold, deeded or leased as single-family units and/or have individual water meters.

Stormwater Control System: Any means by which the stormwater runoff is conveyed; the peak flow from developed land surfaces is reduced; the erosion created by stormwater is reduced and/or the water quality of the stormwater runoff is improved.

Total Flow: The accumulative volume of stormwater discharged from a property, basin, or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water.

Utility: The stormwater drainage utility created by the provisions of this article.

It is hereby found, determined, and declared as follows:

(1)

Those elements of the system for the collection of and disposal of storm and surface water are of benefit and provide services to all property within the city including property not presently served by the storm elements of the system.

(2)

The cost of operating and maintaining the city stormwater drainage utility system and financing necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to the user impacts, benefits enjoyed, and services received therefrom.

(3)

All property within the City demonstrates a hydrologic response to rainfall events, which generates stormwater runoff. The volume, rate, and quality of this runoff will vary with the soil type, land use conditions, topographic conditions, and other variables. In particular, the construction of commercial units on previously undeveloped property will generally increase the volume and rate of stormwater runoff, and adversely affect its water quality.

(A)

A stormwater fee is hereby imposed upon each developed lot and parcel within the City for services and facilities provided by the stormwater drainage utility system. For purposes of imposing the stormwater fee, all lots and parcels within the City are classified as residential or nonresidential.

(B)

The City Administrator or his or her designee is directed to prepare a list of lots and parcels within the City and assign a classification of residential or nonresidential to each lot or parcel.

(Ord. No. 2023-11, 10-18-23)

(A)

The City Council shall, by ordinance, establish reasonable rates for the stormwater drainage utility system for each single-family dwelling unit (SFU). The monthly stormwater drainage utility fee for each single-family dwelling unit. The City Council hereby adopts the Stormwater utility rate schedule as set forth in the table attached hereto as Exhibit "D."

Exhibit "D"
Stormwater Rate Schedule (as per Rate Study - September 2023)

(Ord. No. 2023-11, 10-18-23)

Any person disagreeing with the calculation of impervious surface as determined by the utility may appeal such determination tot he director. Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing total property area and impervious surface area.

Based upon the information provided by the utility and the appealing party, the director shall make a final; calculation of impervious surface. The director of utilities shall notify the parties, in writing, of his decision. If still dissatisfied, a party may appeal the director's decision to the city council in the same manner as preceding. The decision of the city council shall be final.

(A)

All stormwater drainage utility fees collected by the City shall be paid into an enterprise fund, which is hereby created, to be known as the stormwater management fund. Such fund shall be used for the purpose of paying the cost of stormwater drainage facilities to be constructed in the various storm drainage basins and paying the cost of operation, administration and maintenance of those stormwater drainage facilities of the City. To the extent that the stormwater management fees collected are insufficient to construct the needed stormwater drainage facilities, the cost of the same may be paid from such city fund as may be determined by the City Council, but the City Council may order the reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be invested to return the highest yield consistent with proper safeguards.

(B)

The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, repair, maintenance, improvements, renewal, replacement, design, right-of-way acquisition, and construction of public stormwater drainage facilities and costs incidental thereto.

(A)

The stormwater drainage utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater drainage utility fees for those lots or parcels of land and owners thereof not utilizing other city utilities. All such bills for stormwater drainage utility fees shall be rendered monthly by the finance department and shall become due and payable in accordance with the rules and regulations of the finance department pertaining to the collection of utility fees. The stormwater drainage utility fee is part of a consolidated statement for utility customers, which is generally paid by a single payment. In the event that a partial payment is received, the payment shall first be applied to garbage and trash, next applied to stormwater drainage, next applied to sewer, and finally applied to the water account.

(B)

Any charge due under this article which shall not be paid when due may be recovered in any action at law by the city. In addition to any other remedies or penalties provided by this article or any other ordinance of the city, failure of any user of city utilities within the city to pay such charges promptly when due shall subject such user to discontinuance of utility services and the city administrator is hereby empowered and directed to enforce this provision as to any and all delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this article.

(C)

All stormwater drainage utility fees assessed pursuant to this article shall be a lien upon the property to which such fee is associated form the date such fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for his premises, which obligation may be enforced by the city by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action the city shall be entitled to recover all court costs and reasonable attorney's fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay such charges, it shall relieve the landowner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that he purchased property against which a lien for stormwater utility fees exist shall in no way affect his responsibility for such payment.

(A)

The City of Tavares' public water system shall be protected in a manner established by Section 62-555.360. Cross Connection Control for Public Water Systems of the Florida Administrative Code as stated on the effective date of this ordinance.

(B)

The Public Utility Department shall develop and maintain a Cross Connection Manual that reflects the rules of Section 62-555.360 of the Florida Administrative Code. Copies of this manual shall be deposited with the City Clerk and shall be kept in this office for public use, inspection and examination. Copies of the Cross Connection Manual may be obtained from the Public Utilities Department.

(C)

Fees for the installation of cross connection devices shall be as specified in Section 17-56 of the city of Tavares Land Development Regulations.

Service of water to any user shall be disconnected by the City if a required backflow prevention device is not installed, tested and maintained as required herein or has been removed or bypassed, or if unprotected cross-connections exist on the premises and there is not adequate backflow protection at the service connection. Water service will not be restored until such conditions or defects are corrected. All turn-off and turn-on service charges shall be paid by the water customer.

Service of water to any user shall be disconnected by the City if a required backflow prevention device is not installed, tested and maintained as required herein or has been removed or bypassed, or if unprotected cross- connections exist on the premises and there is adequate backflow protection at the service connection. Water service will not be restored until such conditions or defects are corrected. All turn-off and turn-on service charges shall be paid by the water customer.

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative Water Supply: means water from a source other than the aquifer, such as, stormwater retention ponds, surface water, brackish water, groundwater or from an approved wetland for the purpose of irrigation.

Augmentation Water: means water from a source other than the aquifer, such as, stormwater retention ponds, surface water, brackish water, groundwater or from an approved wetland and blended with the final effluent of a city wastewater treatment plant

Backflow device: means either a dual check device composed of two single independently active check valves, as described in the American Water Works Association Standard C506-78 (R83), and the American Society of Sanitary Engineering Standard 1024, and/or a reduced pressure principle device, as described in the American Water Works Association Standard C506-78 (R83), and/or the American Society of Sanitary Engineering Standard 1013.

Billing: means the charge made for alternative water supply service. The charge shall be included on the monthly utility bill.

Charges: means those charges set by the city council for costs of providing service, pursuant to this ordinance.

Cross connection: refers to any physical connection or arrangement which would allow the movement of contaminants or fluids between any nonpotable water system, such as the alternative water supply system, and a potable water system.

Customer: means the actual user of the alternative water supply system.

DEP: means the Florida Department of Environmental Protection, or its successor in function.

Department: means the Utility Department of the city or its successor in function.

Development: means a material change in the use or character of the land, including but not limited to the placement of any structure or substantial alteration on the land.

Director: means the Director of the Utility Department of the City or successor in title.

Discontinuation of service: means cessation of a service by physical separation from the system's service lines to ensure that no service can be received.

PE: means polyethylene.

Public eating, drinking, bathing facility: means water fountains, picnic tables, swimming pools, spas, and food service facilities, such as tables and beverage counters that are open to and provide service for the public.

PVC: means polyvinyl chloride.

Reclaimed water: means treated effluent from a city wastewater treatment plant supplied through the reclaimed water distribution system.

Reclaimed water reuse system: means those reclaimed water mains, lines, fittings, valves and appurtenances installed in public rights-of-way or utility easements, which are owned by the City.

Service valve: means the manually operated valve which controls total reclaimed water flow to the customer's property located at the point where the alternative water supply service line crosses the property line.

Well: means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of groundwater.

This ordinance establishes that the city's existing utility will be expanded to include alternative water supply services, if feasible, and responsibilities for facilities owned by the city.

The purpose of this ordinance is to create an alternative water supply and reclaimed water reuse program for the city. The purposes of the program are to utilize highly treated reclaimed wastewater and other alternative water supply sources within the city for environmentally suitable purposes and to conserve groundwater supplies for future generations by minimizing the use of potable water from groundwater sources by appropriate uses of alternative water supplies.

The city has elected to create an alternative water supply program in order to reduce demand on the potable water system through reuse/disposal of highly treated reclaimed water by land application or other suitable purposes.

The construction, maintenance and use of the alternative water supply system shall be in accordance with the provisions of F.A.C. 62-610. If any of the provisions of that chapter are more restrictive than the provisions of this LDR, the applicable provisions of F.A.C. 62-610 shall prevail.

1.

The City Administrator or designee shall have the power to promulgate procedures and regulations with respect to the following matters, which procedures and regulations shall become effective upon a resolution approving such procedures and regulations being adopted by the City Council:

(a)

Application procedures, forms and requirements, and allowable uses other than irrigation. All uses must be in accordance with applicable DEP regulations.

(b)

Installation requirements, including specification of acceptable materials, devices and regulations to prevent backflow or cross connections with other systems.

(c)

Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water, including procedures for inspection of the customer's system.

(d)

Procedures for the orderly expansion of the alternative water supply system.

(e)

Procedures and regulations for the efficient operation of the alternative water supply system.

2.

Notwithstanding the provisions of this section, the City Administrator or Designee may, when necessary for the efficient operation of the alternative water supply system or for the health or safety of the general public or the customer, establish regulations regarding the following matters, which regulations shall become effective at the time of promulgation without the need for City Council approval:

(a)

The times of day or night during which the alternative water may be used by customers.

(b)

The maximum rate of use of the alternative water.

3.

No person shall construct, operate, maintain or allow to remain present on property owned or controlled by him any device or system which is connected to or which controls a device or system connected to the city's alternative water supply system and which is not in compliance with all provisions of DEP regulations and this ordinance related to alternative water and with all procedures and regulations promulgated pursuant to this section. Alternative water shall not be directed or piped into any residence or commercial building. The person who owns or controls the property upon which such a non compliant device or system is found shall be liable to the city for the amount by which the costs associated with the securing and/or removal of the non compliant device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the non compliant device or system is located.

4.

Any customer whose alternative water supply system is in violation of any city ordinance, regulation or procedure shall be subject to immediate discontinuance of alternative water supply service. The city shall disconnect alternative water supply service to any user due to tampering with any service, plumbing cross connections with another water source, nonpayment of bills, or for any other reason which is deemed by the department to be detrimental to the system. The city shall disconnect service until the condition is corrected and all costs due the city are paid. These costs shall include delinquent billings, disconnection and reconnection charges, and payment for any damage caused to the system. At no time during the period of disconnection shall the monthly service charges be abated. Should service be turned on without authorization, the department shall remove the service and the violator shall be subject to section 1-15 of the Tavares Code of Ordinances. The city shall have the authority to lien the real property of any user for nonpayment; and if the nonpayment continues for a period of three months following the recording of the lien, the city shall have the right to foreclose the lien. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution.

5.

Upon being connected to the city's alternative water supply system, any existing wells on the subject property shall not continue to be used for irrigation and shall be disconnected from the irrigation system unless otherwise approved by the applicable permitting agency and the City Administrator.

6.

All connections shall be made in accordance with policies and regulations adopted by the city Council. This provision shall not be construed to entitle any person to cross the property of another to make such connections.

7.

The owners of all the property in the city abutting upon a adjacent public right-of-way or easement which has existing City reclaimed water "purple pipes" in actual operation within one thousand feet (1,000) of said property, and upon which is situated a house, building or other structure used for human occupancy, employment, recreation or other related purposes shall be required at their own expense to connect such facilities directly with such reclaimed system in accordance with the provisions of this article within one hundred eighty (180) days after the date of official notice to do so.

1.

Any user of the services of the alternative water supply system shall pay to have the water installed. Once the service is connected, the user shall pay a minimum monthly availability charge and a usage charge. These charges will be set by resolution of the City Council, and are on file in the city clerk's office.

2.

Bills for alternative water supply service shall be rendered as a part of the regular city bill for utility services.

3.

For purposes of this section, an alternative water availability charge is a charge established by the City Council for the availability of alternative water supply service provided by the City to a property. Alternative water supply service is deemed available to a property if an alternative water meter is located at the property regardless of whether the property is actively receiving alternative water supply service. The charge shall be billed in the city utility bill of the consumer for those accounts which are actively receiving alternative water supply service and in a utility bill to the owner of the property for those properties not actively receiving alternative water supply service. The City shall establish an Alternative Water Service Rate Schedule.

No facilities will be installed under the provisions outlined in this ordinance and accepted by the city for maintenance unless it is in dedicated public right-of-way or dedicated public easement. Any new easement shall be adequately sized as approved by the Utility Director to accommodate construction and maintenance of any alternative water supply system component. No obstruction of whatever kind shall be planned, built or otherwise created within the limits of the easement or right-of-way without written permission of the Utility Director.

All alternative water facilities and appurtenances within dedicated public easements, when constructed or accepted by the city shall become and remain the property of the City. No person shall, by construction of facilities accepted by the city, acquire any interest or right in any of these facilities or any portion of such facilities, other than the privilege of having their property connected for alternative water service in accordance with this ordinance.

The City shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of alternative water, lack of payment of required service charge, or for any other reason which, in the judgment of the Director, will cause the extension not to be to the benefit of the City.

1.

The City reserves the right to temporarily discontinue service to any portion of, or the entire, alternative water supply system as deemed necessary by the Utility Director.

2.

The Utility Director shall have the authority to establish schedules to control the use of the water reuse system in order to reduce maximum pressure demands on the system and to regulate usage of reused water to balance with supply and storage availability.

Prior to connecting a user to the alternative water supply system, the public potable water supply shall be protected by installation, at the user's expense, of an approved cross connection control assembly.

1.

No person, unless expressly authorized by the Utility Director or his designee, shall tamper with, work on, or in any way alter or damage any city alternative water facility. Tampering or work shall include but is not limited to opening or closing of valves, or causing of any water to flow from the system. No unauthorized person shall cut into or make any connection with the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal expenses; but payment of or correcting of such damage shall not relieve the offending person from civil or criminal penalties the city or a court of law may impose for a violation of a city ordinance.

2.

The service valve located between the alternative water customer's irrigation system and the city's distribution system may be operated by the customer only when his private valve, required on the customer's premises, requires repair.

1.

Accounts, collections, late fees, reinstatement fees and billing review shall be performed in the same manner as established in this Section for potable water accounts.

1.

To ensure that all provisions of city ordinances, regulations and procedures are being observed, the city reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the alternative water.

(a)

Inspections without cause to believe that an ordinance or regulation is being violated shall be at reasonable times and shall not exceed a reasonable frequency.

(b)

Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated.

2.

Each customer of alternative water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection. Failure of the City to obtain such a written waiver shall not affect the right of the city to proceed pursuant to subsection (a) of this section.

3.

Refusing to permit an authorized City agent or employee to enter onto the premises for the purpose of inspecting the customer's alternative water supply system pursuant to this section shall constitute a violation of this section and shall be grounds for immediate discontinuance of the alternative water supply service by the city to the subject premises.

1.

Minimum service requirements.

(a)

All new subdivisions developed after the effective date of this Ordinance and located within the existing City Utility Service Area shall construct alternative water mains to provide irrigation and other nonpotable service to all lots based on the projected amount of property to be irrigated, as well as other potential nonpotable uses, including common elements. Alternative water supply service including required back flow prevention devices and taps shall be installed for each lot, with a minimum service tap size of three-fourths inch in diameter. Actual service tap size and potential sharing of service lines shall be reviewed and approved by engineer. These improvements shall be completed and in place regardless of whether city alternative water is available to the project at the time of development. At such time as city alternative water is available each lot and other property to which a tap was required shall accept city alternative water supply service.

(b)

Site development plans for all new development on previously vacant property where the city alternative water lines adjoin the property shall show irrigation systems connected to alternative water mains where available. Where such service is not currently available, site plans shall show irrigation systems which shall be configured for ultimate connection to alternative water mains by locating pumps or potable water system connections adjacent to the right-of-way or other planned alternative water main location.

(c)

Alternative Water Supply Systems shall be required within all subdivisions receiving final plats after the effective date of this Ordinance.

2.

Existing Landscape Irrigation System. Existing landscape irrigation systems located within the city shall accept city alternative water supply service when available as follows:

(a)

If the existing irrigation system on such property is using city potable water for irrigation the property shall connect to the city's alternative water supply service when it becomes available in an adjacent public right-of-way or easement.

(b)

If the existing irrigation system on such property is using a private well located on the property or lake water for irrigation then such property shall connect to the city's alternative water supply service when it becomes available in an adjacent public right-of-way or easement.

(c)

No new irrigation system for landscaping use shall be allowed in the city unless it connects to the city's alternative water lines if such lines are available in an adjacent public right-of-way or easement adjacent to the property seeking irrigation.

3.

System design. The layout of alternative water supply systems shall comply with the adopted standard utility specifications and details of the city.

4.

General standards. Design and installation practices, materials and methods shall conform to requirements for potable water systems, except where specifically modified by policies or details adopted for the alternative water supply system.

5.

Main size. Mains shall be sized based on the anticipated demand for alternative water use based on land use, soil characteristics and potential nonirrigation use. Minimum main size shall be six inches in diameter.

6.

Extension of lines to project boundaries. Alternative water mains shall be designed to stub out to the project boundaries to serve adjacent unserved properties. This shall include mains in all rights-of-way, across the entire project frontage on existing roads without existing mains, and to the property boundary via easement when no other access is available to unserved properties.

7.

Color coding of alternative water appurtenances. All alternative water supply materials shall be color coded purple from the manufacturer.

8.

Availability. Availability shall mean the city having sufficient capacity to provide service to a subject property and the alternative water lines being physically located in a public right-of- way or easement adjacent to the property to be served.

1.

Landscape irrigation at odd-numbered addresses must only occur on Wednesday and Saturday and must not occur between 10:00 a.m. and 4:00 p.m. daily.

2.

Landscape irrigation at even-numbered addresses or no address must only occur on Thursday and Sunday and must not occur between 10:00 a.m. and 4:00 p.m. daily.

3.

No landscape irrigation shall occur on Mondays, Tuesdays or Fridays unless a written variance has been previously granted by the City.

4.

It is prohibited and unlawful to irrigate landscaping inconsistently with the provisions of this section unless otherwise stipulated by the City's Code of Ordinances or Land Development Regulations.

5.

No single zone shall be watered more than two (2) times per week.