§ 110-127. User charge system.

(a)

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

BOD, denoting biochemical oxygen demand, means the same as that term is defined in F.A.C. 17-6.

Commercial user means all retail stores, restaurants, office buildings, laundries and other private business and service establishments.

Governmental user includes legislative, judicial, administrative and regulatory activities of federal, state and local governments.

Industrial user means the same as that term is defined in section 110-106.

Institutional user includes social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

Normal domestic wastewater means the same as that term is defined in F.A.C. 17-6.

Operation and maintenance means those functions that result in expenditures during the useful life of the treatment facilities for materials, labor, utilities, depreciation, administrative costs and other items which are necessary for managing such facilities and for which such facilities were designed and constructed. The term "operation and maintenance" includes functions relating to sewage or liquid industrial wastes.

Replacement means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

Residential user means any contributor to the county's treatment facilities whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.

Treatment facilities means any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and equipment and their appurtenances; extensions, improvements, remodeling, additions and alternations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment, including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, domestic sewage or industrial waste, including waste in combined stormwater and sanitary sewer systems.

Useful life means the estimated period during which a treatment facility will be operated.

User charge means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment facilities.

Water meter means a water volume measuring and recording device, furnished or installed by the county.

(b)

Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the county and the inhabitants thereof to collect charges from all users who contribute wastewater to the county's wastewater treatment facilities. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater treatment facilities.

(c)

Revenues. The revenues collected, as a result of the user charges levied, shall be deposited in a separate nonlapsing fund known as the water and sewer revenue fund. Fiscal year-end balances in the revenue fund shall be used for no other purposes than those designated. Monies which have been transferred from other sources to meet temporary shortages in the revenue fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate shall be adjusted such that the transferred monies will be returned to their respective accounts within 12 months of the fiscal year in which the monies were borrowed.

(d)

User charges.

(1)

Each user shall pay for the services provided by the county based on his use of the treatment facilities as determined by water meter readings or other appropriate methods acceptable to the county, all as provided for in this article and any regulations and resolutions adopted pursuant thereto.

(2)

For residential, industrial, institutional and commercial users, monthly user charges will be based on actual water usage and will be sufficient to meet operation, maintenance and replacement costs. If a residential, commercial, institutional or industrial user has a consumptive use of water or, in some other manner, uses water which is not discharged into the wastewater collection system, the user charge for that contributor may be based on readings of a wastewater meter or separate water meter installed and maintained at the user's expense and may include an appropriate surcharge.

(3)

Each user shall pay a user charge rate for operation and maintenance including replacement as stated in resolutions adopted from time to time by the board of county commissioners in accordance with applicable regulations.

(4)

Any user who discharges any toxic pollutants which cause an increase in the cost of treating or disposing of the effluent or sludge from the county's treatment facilities or any user who discharges any substance which singly or by interaction with other substances causes identifiable increase in the cost of operation, maintenance or replacement of the treatment facilities shall pay for such increased costs. The charge to each such user shall be as determined by the county administrator and approved by the board of county commissioners.

(5)

The user charge rates established pursuant to this section, this article and other applicable regulations shall apply to all users of the county's treatment facilities.

(e)

Billing. All users shall be billed in accordance with the regulations set forth in this chapter and other appropriate regulations. A late payment penalty will be applied to any delinquent bill in accordance with the terms of this chapter. When any bill, including interest and penalty, remains unpaid for one year after the date due, such bill shall be recorded in the land records of the county by the clerk and shall constitute a lien on the property.

(f)

Excess waste. All users contributing more than 10,000 gallons per day and whose waste strength violates the conditions imposed by this article or other appropriate regulations shall prepare and file with the county a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data shall be used to calculate the user charge for that user. The calculation of user charge shall be based on actual costs of handling and treatment. The county shall have the right to gain access to the waste stream and take its own samples. Should the county do so and should the results be substantially different as determined by the county from the data submitted by the user, the user charge for that user shall be reviewed for the billing cycle/period.

(g)

Review of user charges.

(1)

Any user who feels his user charge is unjust and inequitable may make written application to the county requesting a review of his user charge. The written request shall, where necessary, show the actual or estimated average flow or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

(2)

Review of the request shall be made by the county and if substantiated, the user charges for that user shall be recomputed based on the revised flow or strength data and the new charges will be applicable to the next billing cycle/period.

(h)

Annual review. The county will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. The county shall cause each user of the system to be notified, at least annually in conjunction with their regular bill, of the rates and that portion of the user charges which are attributable to wastewater treatment services.

(Code 1970, § 26-95.6; Ord. No. 88-08, §§ 1—8, 3-15-88; Ord. No. 88-18, § 1, 6-14-88)