§ 30.22. Miscellaneous Provisions.

1.

Required Water Connection. Except as may be expressly authorized by the Director of Public Works, no extension of the City sewerage system shall be made to serve any structure unless such structure is connected to, and served by, the water system of the Orlando Utilities Commission.

2.

Customer Participation. Where the anticipated sewerage benefit charges provided by Section 30.19(5) are insufficient to economically warrant sewer extension by the City, the extension may be denied. However, the City may authorize the sewer extension and may assess up to one hundred (100) percent of the cost of such improvement upon the abutting real estate by Ordinance published and adopted as provided by law, or whenever the owners of fifty-one (51) percent of the front footage of the above real estate shall petition for such improvement. Then, such assessment shall be in accordance with Chapter II of Chapter 8 of the City Charter. The City may elect to utilize another method of cost recovery for system extension costs should it be deemed in the best interest of the City to do so.

3.

Voluntary Payment. Where the anticipated sewerage benefit charges provided by Section 30.19 (5) are insufficient to economically warrant sewer extension by the City, the owner(s) of the property to be benefited may voluntarily agree to pay such additional amount as would be necessary to make the sewer extension economically feasible. Upon recommendation of the Director of Public Works, the City Council may authorize a sewer extension based on what is commonly called the "pioneer method" wherein the pioneer applicant desirous of sewer service extends or provides the City with funds sufficient to cover the cost of extension of sewer service less such portion of the cost, if any, which the City may elect to absorb. At such time, not to exceed ten (10) years as additional users avail themselves of the sewer service provided as a result of the pioneer extension, then the pioneer applicant shall receive from the City the amount which the City collects from the new user for extension of the wastewater collection system, not to exceed the amount originally paid by the pioneer applicant less said pioneer applicant's normal charge for the extension, of the wastewater collection system. Where the City has contributed to the pioneer extension the amounts received from additional users shall be divided between the City and the pioneer on a proportionate basis determined by the size of the City's and the pioneer's respective contributions. Where utilized, details relating to implementation of the pioneer method shall be set forth in a written instrument executed by the pioneer applicant and the City.

4.

Exemptions from Payment Of Fees. Except as may be expressly authorized by City Council, no property shall be exempt by virtue of ownership from payment of the sewerage benefit charges or sewer connection fees prescribed by this Chapter.

5.

City's Rights Reserved. The City shall reserve the right at all times to levy and impose sewerage benefit fee charges, in the manner prescribed by this Chapter, on any real property benefited by City-owned wastewater facilities.

6.

Billing and Payment.

(a)

The Chief Financial Officer or his designee shall bill all sewerage benefit charges prescribed in Section 30.19. Payment in full of the charge prescribed in Section 30.19 shall be required prior to connection to the City sewer system except as follows: where an existing City residence on a septic tank experiences a failure resulting in an Orange County Public Health Department order to connect to a City sewer, the applicant (upon a demonstration of financial hardship) and the City may enter into an agreement which would provide for the sewerage benefit fee (with interest), to be paid over a three-year period and commencing with the date of the issuance of the sewer connection permit.

(b)

Sewer connection charges imposed by Section 30.20 shall be paid by the applicant to the Director of Permitting Services or his designee prior to issuance of the sewer connection permit or the building plumbing permit.

7.

Other Charges. The sewerage benefit and connection charges herein before set forth shall in no way void requirements to pay such permit, inspection, service or other charges or fees as may be required by Chapter or as may be adopted by Council from time to time.

8.

Future Regulations. Industrial users shall observe and comply with any and all present and future Federal, State and local laws, rules, regulations, requirements, ordinances, orders, mandatory guidelines and procedures which apply or pertain to the collection, treatment, disposal and reuse of wastewater and residuals.

9.

Applicable Regulations and Limitations. State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance. The City reserves the right to establish by ordinance or through permit condition(s) more stringent limitations, requirements, or time periods on discharges to the wastewater disposal system if deemed necessary to comply with the objectives stated at the beginning of this Chapter. The revision to discharge limitation(s) in this Chapter or in individual permits shall be initiated by the Director of Public Works when necessary. Affected parties shall be duly notified and shall have the opportunity to comment on the revisions prior to their adoption or incorporation; provided, however that all affected parties are assumed to know and to comply with all State and Federal rules, requirements, and guidelines including (but not limited to) the development, promulgation, and application of local limits; the appropriate use (or inapplicability) of combined wastestream formulas; and all industrial user and POTW monitoring and reporting requirements.

(Ord. of 6-12-2000, § 2, Doc. #33005; Ord. of 8-23-2004, § 2, Doc. #040823901)