Loading...
Ordinance 11-2011 Utilities - Underground ORDINANCE NO. 11-2011 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 122 RELATING TO UTILITIES; AMENDING SECTIONS 122-52, 122-77, 122-80, 122-118, 122-140, 122- 141, 122-142 AND 122-157; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article ll, Water; Division 2, Water Use Curtailment During Emergency or Drought; Section 122-52, to read as follows: "Sec. 122-52. Applicability. The provisions of this division shall apply to all persons using water in the town." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article ll, Water; Division 3, Water Conservation; Section 122-77, to read as follows: "Sec. 122-77. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Impervious means land surfaces that do not allow the penetration of water, including but not limited to paved roads, sidewalks, driveways, parking lots, and highly compacted areas of shell or clay. Irrigation means the direct application of water by means other than precipitation. Irrigation systems means equipment and devices that deliver water, including but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. Responsible party means the owner or tenant of a property, or any other person who has full or partial responsibility for the operation and /or maintenance of an irrigation system on that property. Water conservation enforcement officer means any authorized agent or employee of the town whose duties include ensuring compliance with the provisions of this division, including but not limited to law enforcement officers in the town's police department and code compliance personnel." Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article II, Water; Division 3, Water Conservation; Section 122 -80, to read as follows: "Sec. 122 -80. Enforcement. (a) Within any 180 day period, failure to comply with any requirement of this division shall constitute a violation of this division. The offending person shall be notified of the violation by a citation issued by a police or code enforcement officer of the town; and each offense shall be punishable as provided by section 1 -14 or by F.S. ch. 162. (b) Each day in which a violation of the provisions of this division occurs shall constitute a separate offense. (c) In addition to the sanctions set forth in this division, the town may take other appropriate actions, including but not limited to administrative actions, requests for temporary and permanent injunctions, and /or other actions in accordance with state law, to enforce the provisions of this division." Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article III, Sewage Disposal Systems; Division 1, Sewage Disposal; Section 122 -116, Definitions; to include the following definition: Ordinance No. 11 -11 Page 2 of 9 "Private sewer means that portion of a sewer extending from the dwelling up to and including the connection to the Public Sewer." Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article III, Sewage Disposal Systems; Division 1, Sewage Disposal; Section 122 -118, subparagraph (e) to read as follows: Sec. 122 -118. Responsibility for and quality of entering wastewater. "(e) No stormwater, swimming pools, yard drains, roof drains, basement drains or street catchbasins shall be discharged to the sanitary sewer system. " Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article Ill, Sewage Disposal Systems; Division 2, Industrial Sewage Disposal; Section 122 -140, to read as follows: "Sec. 122 -140. Enforcement actions. The following escalating enforcement strategy shall be used by the town when industrial users are out of compliance with this division. The various types of enforcement actions, including the industrial discharger enforcement procedure (IDEP), shall be used as determined by the town depending on the circumstances of the violation. (1) Immediate threat to public health. The town may require the immediate halt of a discharge if it is deemed as an immediate threat to public health or the WWF. (2) Self - monitoring. The industrial user will review its self - monitoring data to determine whether a violation of this division and /or of its permit limitations has occurred. If a violation has occurred, the industrial user must provide to the town; a. 24 -hour notification that a violation has occurred. b. Magnitude and nature of the violation. c. Details regarding analytical quality assurance. Ordinance No. 11 -11 Page 3 of 9 Failure to comply with the 24 -hour notification requirement will result in administrative fines. The amount of the administrative fines enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. (3) Resampling. Upon the determination that a violation has occurred, the industrial user must resample the final discharge for the violated parameter. The resampling data must be submitted to the town within 30 days of violation discovery. Failure to resample and report within 30 days is a violation of this division and Rule 62- 625.600(6)(b), F.A.C. If the industrial user fails to resample and submit the report within 30 days, the town will issue a notice of violation (NOV). Failure to comply with the NOV will result in an administrative fine per violation. The amount of the administrative fines enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. (4) WWF monitoring. The town will conduct periodic, independent compliance monitoring of industrial users as appropriate. If the violation is not significant, as defined in this division, the town will issue a NOV and a 45 -day compliance schedule including the requirement to resample in order to determine whether a violation is significant. The results of the resampling must be submitted to the town within 30 days of receipt of the compliance schedule. Failure to comply will result in a fine per violation. The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. (5) Significant noncompliance. The town will review sampling data obtained to determine whether significant noncompliance as defined in this division has occurred; in which case a fine will be assessed per violation. The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. (6) Formal notice. If significant noncompliance is determined to have occurred, the town will issue a notice of significant violation (NOSY), requiring the industrial user to submit Ordinance No. 11 -11 Page 4 of 9 within 15 days of the receipt of the notice, a 90 -day compliance schedule to determine the need to install or construct pretreatment facilities. Failure to respond within 15 days will result in a fine per violation. The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. Upon receipt of the draft compliance schedule, the town will issue the compliance schedule as a condition of continued operation. A demonstration of compliance (DOC) will be included as the final item in the compliance schedule. If at any time during the 90 -day schedule, the industrial user determines that pretreatment facilities are required, the industrial user will inform the town of such and submit a draft construction schedule. (7) DOC. Upon completion of the 90 -day compliance schedule, the town will review the DOC data to determine whether compliance has been achieved. Failure to demonstrate compliance during the 90 -day schedule will result in the town issuing another NOSV requiring the industrial user to submit within 15 days of receipt of the NOSV a draft compliance schedule for the construction of new pretreatment facilities or the improvement, modification or expansion of existing facilities. Failure to respond within 15 days will result in a fine per violation. The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. Upon receipt of the draft compliance schedule, the town will issue the compliance schedule as a condition of continued operation. Approval of the facility design engineer by the town is required prior to design of the pretreatment facility. A DOC will be included as the final item in the compliance schedule. Upon completion of the construction compliance schedule, the town will review the DOC data to determine whether compliance has been achieved. (8) Final schedule of compliance. If the construction of pretreatment facilities does not achieve compliance, the town will assess a fine and issue a notice of noncompliance (NNC). The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. Fines of the same amount will continue to be Ordinance No. 11 -11 Page 5 of 9 assessed until compliance is achieved or service is terminated. The NNC will require that the industrial user submit a draft final compliance schedule within 15 days of receipt of the NNC. Upon receipt of the draft compliance schedule, the town will issue the final schedule of compliance as a condition of continued operation. A DOC period will be included as the final item in the compliance schedule. Upon completion of the compliance schedule, the town will review the DOC data to determine whether compliance has been achieved. (9) Show cause hearing. If the final compliance schedule does not achieve compliance, the town will issue a notice to show cause (NSC) why the discharge permit should not be revoked and service terminated, in accordance with law. The NSC will be served on the user specifying the time and place of the hearing, the proposed facts of the action, the reasons for such actions and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing on the user or posted at the location where the alleged violation is occurring or has occurred. Whether or not the user appears as notified, immediate enforcement action may be pursued following the hearing. The town will hold the show cause hearing to determine whether the permit should be revoked and sewer services terminated. a. If the industrial user shows cause for its failure to comply, service shall not be terminated nor the permit revoked. The fine will be an amount per day and a new final compliance schedule will be issued. The amount of the fine enumerated herein shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. b. If the industrial user fails to show cause why its permit should not be revoked and service terminated, the industrial user's permit shall be revoked and its sewer service will be terminated by the town. Ordinance No. 11 -11 Page 6 of 9 (10) Violations not addressed. Penalties for violations of this division and /or the user's permit not addressed in this section will be assessed at the discretion of the town." Section 6. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article III, Sewage Disposal Systems; Division 2, Industrial Sewage Disposal; Section 122 -141, to read as follows: "Sec. 122 -141. Permit fees and penalties. (a) Permit fee will be assessed on a permit to permit basis as determined by the town on an actual cost basis. (b) Other fees and penalties are listed under section 122 -140, enforcement actions. (c) Industrial waste surcharge rates shall be established by resolution of the Town Council and may be amended from time to time by resolution of the Town Council. " Section 7. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article III, Sewage Disposal Systems; Division 2, Industrial Sewage Disposal; Section 122 -142, to correct the scrivener's error in the Section number as follows: "Sec. 122 -142. Civil and criminal remedies." Section 8. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 122, Utilities; Article V, Utilities Required to be Underground; Section 122 -157, to correct a scrivener's error to read as follows: "Sec. 122 -157. Existing utilities. Utilities existing within the town as of the date of the adoption of the ordinance from which this article derives pursuant to franchise, license or agreement with the town shall be required to be placed underground upon expiration of the franchise, license or agreement with the town, or in the Ordinance No. 11 -11 Page 7 of 9 event of replacement of the utilities or a substantial portion of the utilities, whichever occurs sooner. Above ground utilities existing as of the date of the adoption of this ordinance pursuant to franchise, license or agreement with the town may be placed underground before expiration of the franchise, license or agreement with the town, subject to negotiation and agreement with the town and the utility, or, if and to the extent applicable, pursuant to applicable rules of the Florida Public Service Commission and a public utility's tariffs implementing those rules." Section 9. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 10. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 11. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 12. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 11 -11 Page 8 of 9 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 8 day of March, 2011, and for second and final reading on this 12 day of April 2011. -a,,,ae. 4 400,/ i. . _ /.V. -• .dam GailI . ` oniglio, Mayor / David A. Rosow, Town Council President .i, t uf/- ) / , 1 C r `,4 r � ' ' t 1 y l Rob . lt 'Idrick, President o Tem 01 ... / William J Diamond, Town Council Member i © •`t ' ` I s e F,-..—....--...A. 171 r -,.....i ti X�TTEST , . --- Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michae . Pucillo, T Council Member N: \TGB \Misc \2009 \Attorney \Town Code \19P0317 - ordinance chapter 122 red.DOC Ordinance No. 11 -11 Page 9 of 9 TOWN OF PALM BEACH Town Council Meeting on: April 12, 2011 Section of Agenda Ordinances - Second Reading Agenda Title ORDINANCE NO. 11 -11 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 122 Relating to Utilities; Amending Sections 122 -52, 122 -77, 122 -80, 122 -118, 122 -140, 122- 141, 122 -142 and 122 -157; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents • Ordinance No. 11 -11 No. 11 -11 The following Ordinance Number 11 -11, published by caption only, which will be read and shall be adopted at the Town Council Meeting held in the Town Hall Council Chambers at 360 South County Road, Palm Beach, Florida, on the 12th day of April, 2011, will be presented for a second reading in the Town Hall Council Chambers at 360 South County Road, Palm Beach, Florida, on the 12th day of April, 2011, at 9:30 a.m. Any interested party may appear at said meeting and be heard with respect to this proposed Ordinance. The subject Ordinance may be inspected by the public at the Town Hall on the first floor Bulletin Board, or in the Office of the Town Clerk. ORDINANCE NO. 11.11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 122 RELATING TO UTILITIES; AMENDING SECTIONS 122 -52, 122 -77, 122 -80, 122 -118, 122 -140, 122 -141, 122 -142 AND 122 -157; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Pursuant to Florida Statute 286.0105, please be advised that if any person decides to appeal any decision made by the Town Council with respect to any matter considered at this meeting, a record of these proceedings will be needed, and that, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Cheryl Somers Acting Town Clerk Town of Palm Beach PUBLISH: Palm Beach Daily News, Thursday, March 31, 2011 THE PALM BEACH DAILY NEWS Published Daily from the third Sunday in September through the third Sunday In May; 81- weekly June through September. Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Linda Goings who on oath says that she is Advertising Director of the Palm Beach Daily News, a daily and a bi- weekly newspaper published at Palm Beach In Palm Beach County, Florida; that the attached copy of advertisement, being a Public Notice In the matter of Reference #5896355R was published in said newspaper in the issue of March 31 2011. 0 , A.,.... . Ad e r sinrector Sworn to and subscribed before me this I 5tfil / 424d./ eol /, Notary Public 1: GAETANA A. NOXIE -.: ! u = . MY COMMISSION M DD 953553 ky - W EXPIRES: March 1, 2014 44UP Bonded Thru Nolary Public Underwriters 7:9 111 , 1-" ii, g ( i v l: ?,111 .!:. L 1 ilif—''' 111 ig CLERK i lAi1411014 °O o� O � c ^n ^ ° �� ++ ga a �: g z 1 o m 7 w r 0 11 r_ fi E -- o Z l off £•- ° f�£ ^ Q �= i V , Z^ ,,w o l .- •E ill s SN Z § o r £ E �. S 1� u 9 gw v 02 ue `.. v° • r 6 1.1-;' - 8 s • • k ',0- 23.' N 1 t ? I A s 1 � °' S ° _ l � ON ? N ^ zzzzz l E o a e Q -- � fi : a £ m D F £ Z ; �N U 0� c �0°0d`0� -$ 1 Vc�v3ir� o Vr ,