§ 32.11. Reporting Requirements and Record Retention.

1.

Periodic Certification Reports.

(a)

Nonresidential property owners or users shall submit, at a frequency determined by the Director of Public Works, but at least once per year, a report certifying that the backflow prevention assemblies have been tested by a certified backflow prevention specialist and that the reclaimed water system has been evaluated for bypass installations and cross-connections.

(b)

Nonresidential property owners or users that consume more than 25,000 gpd of reclaimed water on an average annual daily basis shall submit a periodic certification report on the operation, maintenance and integrity of their reclaimed water system and related facilities. The certification report shall bear the signature and seal of a professional engineer who is registered in the State of Florida.

(c)

If a nonresidential property owner or user monitors the potable or reclaimed water system, the results of all monitoring events shall be included in the periodic certification report.

(d)

The periodic certification report shall be submitted to the Director of Public Works in the format so designated for that purpose and in accordance with the date specified by the Director of Public Works or as set forth in the Agreement for the Delivery and Use of Reclaimed Water.

2.

Notification Reports.

(a)

Changed Conditions.

(1)

A nonresidential property owner or user shall notify the Director of Public Works of any planned significant changes or modifications to the property owner's or user's operations or reclaimed water system, which might alter or change the duration or frequency of use, or volume of reclaimed water. Notification of the planned changes shall be submitted to the Director of Public Works for written approval at least ninety (90) days prior to implementation of the planned changes.

(2)

The Agreement for the Delivery and Use of Reclaimed Water shall be revised to include any significant changes in the property owner's or user's reclaimed water system or operations whenever any of the following, but may not be limited to, conditions are exceeded:

(i)

Monthly average daily flows greater than twenty percent (20%) of the historic monthly average daily flow, or

(ii)

An increase of greater than thirty percent (30%) in the duration or frequency of usage.

(b)

Potential Problems.

(1)

In case of a nonroutine, episodic incident or operation that may jeopardize the integrity of the potable or reclaimed water system, the property owner or user shall immediately telephone and notify the Director of Public Works of said incident. This notification shall include, if known, the location, type, duration and frequency of the incident, the volume of reclaimed water involved in the incident, and corrective actions taken by the property owner or user.

(2)

Within three (3) days following the incident, the property owner or user shall, unless waived by the Director of Public Works, submit a detailed written report describing the cause(s) of the incident and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the property owner or user of any expense or liability for damage to the potable or reclaimed water system, the environment, or to any person or property, which may have been incurred as a result of the incident; nor any fines, penalties, or other enforcement response which may be imposed by the Director of Public Works in accordance with the provisions of this Chapter.

(3)

Nonresidential users shall post a notice on a bulletin board or other prominent places advising employees whom to call and the procedures to follow in the event an incident occurs. Nonresidential users shall conduct training for employees in the operation and maintenance of the reclaimed water system to prevent the occurrence of an incident.

3.

Sampling and Analysis.

(a)

Sampling and analysis may be required by the Director of Public Works to evaluate a private reclaimed water system for cross-connections. Samples shall be representative of the property owner's or user's potable or reclaimed water systems. Monitoring and flow measurement equipment shall be properly operated, cleaned, and maintained in good working order at all times. Sampling and analysis shall be conducted at the sole expense of the property owner or user.

(b)

The Director of Public Works may require any nonresidential user or property owner with a reclaimed water service connection to install, at their expense, suitable flow measurement and monitoring facilities to demonstrate the integrity and proper operation of the potable and reclaimed water systems. Such facilities shall be located for safe and easy access and shall be installed to allow for proper sample collection and inspection of the potable or reclaimed water systems.

(c)

Measurements, tests and analysis of the water shall be performed in accordance with 40 CFR 136, Chapter 62-160, F.A.C. and Chapter 62-550, F.A.C., as amended. Sampling shall be carried out in such a manner as to reflect the impact or effect the constituents may have on the potable and reclaimed water system, and to determine the existence of hazards to health, safety and welfare.

(d)

If the references cited herein do not contain applicable analytical protocols for the constituents in question, the analysis shall be performed in accordance with generally accepted procedures approved by EPA, FDEP or ASTM. The property owner or user shall give written notice to the Director of Public Works of the analytical protocols used to demonstrate compliance with the provisions of this Chapter.

(e)

Direct costs incurred by the Director of Public Works for sample collection and laboratory analysis, adjusted to reflect administrative, legal and other indirect costs, necessary for implementation and enforcement of the provisions of this Chapter may be charged to the respective property owner or user. All self-monitoring costs shall be borne solely by the property owner or user.

4.

Submittal Date. Written reports shall be deemed to have been submitted on the date received by the Director of Public Works. The date of receipt of the report shall govern for any report submitted in any manner.

5.

Record Retention.

(a)

Any person, property owner or user subject to the reporting requirements of this Chapter shall retain and make available for inspection and copying by the Director of Public Works in Orange County, Florida, any record, report, information or data obtained pursuant to any monitoring activities required by this Chapter.

(b)

Records shall be retained and preserved by the property owner or user for a period of at least three (3) years. This period shall be automatically extended for the duration of any unresolved administrative action or litigation concerning the property owner or user and the City; or where the property owner or user has received written notification from the Director of Public Works of a longer retention period; or until all enforcement activities have concluded; or until the time period of limitations has expired with respect to any and all appeals.

(Ord. of 5-6-2002, Doc. #020506702)