§ 30.02. General Sewer Use Requirements.
1.1.
Use Of Sewers Required.
(a)
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
(b)
It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.
(c)
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic systems, cesspool or other facility intended or used for the treatment or disposal of wastewater.
(d)
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any easement, street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities with the public sewer in accordance with the provisions of this Chapter, the Florida Statutes and the rules and regulations of the Florida Department of Health.
(e)
The owner of a house, building or property who is directed to or elects to connect property that is served by a septic system to the public sewer or is required to connect to the public sewer because of a failure of or proposed expansion to the septic system may be eligible for a credit on the cost of connection. Eligibility for and the amount of the credit shall be determined under the guidelines set out in Section 30.21, Septic System Abandonment Credit.
(f)
In isolated hardship instances, the Director of Public Works, pursuant to Florida Statutes, may exempt owners of property from the mandatory sewer connection provision of Section 30.02 (1e) upon a finding that the connection to the public sewer is not feasible. The determination of nonfeasibility may be based upon financial considerations or physical obstructions, which restrict connection to the sewer system. All requests from owners of property for an exemption from the mandatory sewer connection shall be submitted in writing to the Director of Public Works and shall contain the name of the property owner, the address and legal description of the property, the present use of the property, any proposed change in the use of the property and the justification for the requested exemption. The Director of Public Works shall review the request and shall grant or deny the request in writing, citing the specific reasons for the denial thereof, within thirty (30) days following receipt of the completed application for an exemption. Failure of the Director of Public Works to make a determination within the said thirty (30) day period shall be deemed to constitute a denial of the request for an exemption. All denials of request for an exemption are subject to an administrative review by the City Council.
2.1.
Private Wastewater Disposal.
(a)
Where a public sanitary sewer is not available under the provisions of Section 30.02 (1), the lateral shall be connected to a private wastewater disposal system or septic system complying with the provisions of this Chapter.
(b)
Before commencement of construction, reconstruction, enlargement, modification, or improvement of a private wastewater disposal system, the property owner shall first obtain a written permit signed by the Director of Public Works. Before commencement of construction, reconstruction, enlargement, modification, or improvement of a septic system, the property owner shall obtain a permit through the appropriate State and/or County agency; no City permit for septic system construction or modification will be required. All other systems will be subject to a City permit. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement with any plans, specifications and other information as are deemed necessary by the Director of Permitting Services. A permit and inspection fee shall be paid to the City at the time the application is filed.
(c)
A permit for a private wastewater disposal system shall not become effective until the installation is completed and has been inspected by the Office of Permitting Services and approved by the Director of Public Works. A City representative shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Director of Permitting Services when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two (2) days, excluding Saturday, Sunday and holidays, of the receipt of notice by the Director of Permitting Services.
(d)
The type, capacities, location, and layout of a private wastewater disposal system and septic system shall comply with all applicable requirements of the Orange County Health Department and the Florida Department of Children and Family Services or its successor. No septic system or cesspool shall be permitted to discharge to any natural outlet.
(e)
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, or as required by the Director of Public Works, as provided in Section 30.02 1(d), a direct connection shall be made to the public sewer in compliance with this Chapter, and any private wastewater disposal facilities shall be abandoned and rendered unusable with the exception of components of the system that are necessary for the conveyance of sewage to the public sewer.
(f)
If otherwise approved by the Florida Department of Health, property served by an adequately functioning septic system shall not be required to connect to the public sewer until such time as the septic system tank or drainfield needs replacement, the system is condemned by regulatory health authorities, or the system requires expansion or relocation as a result of proposed improvements to or on the property. In cases where the septic system has failed and needs replacement, the property shall connect to the public system within 30 days of the determination that the septic system is no longer functioning adequately and presents a possible health hazard to the property owner or community.
(g)
The property owner shall construct the private wastewater disposal system at no cost to the City. The property owner shall operate and maintain the private wastewater disposal system in a sanitary and effective manner at all times, at no expense to the City.
(h)
No statement contained in this section shall be construed to interfere with any additional or more stringent requirements that may be imposed by health officers or other regulatory agencies.
3.2.
Private Wastewater Collection System Connected To POTW.
(a)
Before commencement of construction, reconstruction, enlargement, modification or improvement of a private wastewater collection system connected to a POTW, the property owner shall first obtain a written permit signed by the Director of Public Works. The request for such permit shall be made to the City, and the applicant shall provide any plans, specifications and other information as are deemed necessary by the Director of Permitting Services or the Director of Public Works. A permit and inspection fee shall be paid to the City at the time the application is filed.
(b)
The type, capacities, location and layout of a private wastewater collection system connected to a POTW shall comply with all standards and requirements of the Department of Public Works.
(c)
A permit for a private wastewater collection system connected to a POTW system shall not become effective until the private wastewater collection system is completed and has been inspected and approved by the Director of Permitting Services. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Director of Permitting Services when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two (2) days, excluding Saturday, Sunday and holidays, of the receipt of notice by the Director of Permitting Services.
(d)
Prior to release of the certificate of occupancy, certification that all sewer lines are constructed in accordance with City design standards and so as to preclude any infiltration or exfiltration shall be furnished to the City. A closed circuit television (CCTV) inspection of all private wastewater collection systems shall be performed prior to releasing the system for use. The owner of the system shall provide a copy of the CCTV logs and videotape of the inspection to the City for review and approval. The CCTV videotape shall be in VHS format, shall be in color with a clear picture, have audio voice-over comments and shall display the footage throughout the line segment continuously on the image. The CCTV inspection and subsequent submittals to the City shall be done at the sole expense of the owner. The owner shall make all necessary repairs to the private wastewater collection system at their expense, and to the satisfaction of the Director of Public Works.
(e)
All costs and expenses incident to the installation and connection of the private wastewater collection system shall be borne by the property owner. The property owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or connection of the private wastewater collection system.
(f)
The property owner shall operate and maintain the private wastewater collection system in a sanitary and effective manner at all times, at no expense to the City.
(g)
Private sewers shall be maintained so as to preclude the entrance of any infiltration and inflow. Should it be determined by the Director of Public Works that infiltration/inflow are entering the public sewer from a private wastewater collection system, the property owner shall be responsible for determining the cause(s) and for making all necessary repairs to the system, to the Director of Public Works' satisfaction. All work shall be done by a contractor experienced in sewer rehabilitation work and acceptable to the Director of Public Works. Televising of the private sewer lines and submission of TV logs, night time flow weiring and smoke testing shall be required if determined necessary by the Director of Public Works.
(h)
All operation, maintenance, and repair of private lift stations and pumping facilities shall be done by a reputable person or firm experienced in the operation, maintenance and repair of such facilities. Upon demand, property owner shall furnish such proof, as the Director of Public Works deems necessary, to demonstrate that the person or firm is fully qualified to perform the aforementioned tasks. The City shall have the right to inspect all private wastewater collection systems and appurtenances, and to cause discontinuance of sewer service if the private wastewater collection system is not maintained in a sanitary and effective operating condition or if the public sewer facilities may be harmed thereby.
(i)
The owner of a private sewage collection system shall be responsible for notifying the Orange County Environmental Protection Department and the Florida Department of Environmental Protection in the event that a sewage overflow or spill occurs within the owner's system within 24 hours of the event taking place. The owner shall take whatever measures are necessary to protect the public health and the environment from contamination as a result of a sewage overflow. The owner shall clean-up overflows or spills as soon as possible after their discovery.
(j)
The City shall be responsible for the maintenance of the public sewer and for providing service to receive the approved sewer discharge from the private wastewater collection system.
4.2.
Laterals And Connection.
(a)
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director of Permitting Services. Lateral connections shall be made by licensed and bonded plumbers or underground utility contractors. The property owner shall be responsible for paying a sewer connection permit fee in accordance with the fee schedule adopted by City Council.
(b)
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the public sewerage system.
(c)
All costs and expenses incident to the installation and connection of the lateral shall be borne by the property owner. The property owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the lateral.
(d)
A separate and independent lateral shall be provided for every building; except where one building stands at the rear of another on an interior lot and no lateral is available or can be constructed to the rear building through an easement, adjoining alley, court, yard or driveway. The lateral from the front building may be extended to the rear building, and the whole considered as one lateral. In such case, the property owner shall be required, as a condition to such approval, to execute an agreement as prescribed by the City, that shall require the property owner to grant an easement for the continued joint use of the lateral to the rear building, in the event the two buildings are ever sold separately, and such agreement shall be recorded in the public records. In the event that the building is a duplex, each side of the duplex shall have a separate and independent lateral unless the units are vertically stacked and the building drains are joined within the structure.
(e)
In the event of site demolition and reconstruction, the old lateral(s) may be used in connection with new building(s). Should there be any question about the integrity of the old lateral, the Director of Public Works shall cause the lateral to be inspected and verify that it is suitable for use. In the event that the lateral is not suitable, the property owner shall be responsible for installing the number of laterals needed to adequately serve the site.
(f)
The size, slope, alignment, materials of construction of a lateral and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes, and the City's Engineering Standards Manual, latest edition. Such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director of Public Works before installation.
(g)
Whenever possible, the lateral shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by an approved pumping system and discharged to the lateral.
(h)
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other sources of surface water runoff or groundwater to a lateral or building drain which in turn is connected directly or indirectly to the City's sanitary sewer unless the connection has been reviewed and approved by the Director of Public Works.
(i)
The applicant for the lateral permit shall notify the Director of Permitting Services when the lateral is ready for inspection and connection to the City's sanitary sewer. The connection shall be made under the supervision of the Director of Permitting Services.
(j)
All excavations for building sewer installation shall be adequately guarded with barricades, lights and any other safety devices as needed to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
(k)
The customer shall be responsible for the maintenance and internal cleanliness of the lateral; specifically all plumbing from the public sewer into and including the house plumbing. The City shall be responsible for repairing structural defects in the lateral from the public sewer to the property line. The property owner shall be responsible for lateral repairs from the property line up to and including the building drain. The City shall have the right to inspect the lateral and to cause discontinuance of sewer service to any property where the plumbing is not maintained in a sanitary and effective operating condition or if the public sewer facilities may be harmed thereby.
(l)
As determined by the Director of Public Works, garages and other establishments where petroleum-based products, such as gasoline, is used, or where wastes containing oil and grease in excessive amounts, sand, or other harmful ingredients can be discharged, and which are connected with municipal sewers, shall be provided with a suitable device for removal of these items. Users shall be subject to provisions of the Pretreatment Program, the Oil and Grease Management Program or Surcharge Program as set forth in Sections 30.03 and 30.15, respectively, and to the provisions in this Chapter.
(m)
Where pretreatment or flow-equalizing facilities or traps or separators are provided for any waters or wastes, they shall be maintained continuously and in satisfactory and effective operation by the property owner or the user, and at his sole expense.
(n)
The City shall be responsible for the maintenance of the public collection system and for providing service to receive the approved wastewater discharge from the laterals.
(Ord. of 6-12-2000, § 2, Doc. #33005; Ord. of 5-6-2002, Doc. #020506701)