§ 49-101. Purpose, intent, objectives and policy.

(a)

This article sets forth uniform requirements for discharge into the wastewater collection and treatment system of the City of Palm Coast and enables the City to comply with all applicable State and Federal laws required by the Clean Water Act of 1977, as amended, and the general pretreatment regulations set forth is Chapter 62-625, Florida Administrative Code (F.A.C.). To the extent that Federal or State laws, rules or regulations are stricter than the provisions of this article; the strictest regulatory provision shall apply. To the extent that the definitions set forth in this article less strict that the definitions of terms set forth in Federal or State laws, rules or regulations, the more strict definition shall apply. The provisions of this article shall be interpreted and applied in harmony with the provisions of applicable Federal or State laws, rules or regulations. Terms that are defined in applicable Federal or State laws, rules or regulations, but not defined in this article, shall have the meaning as set forth in the pertinent Federal or State laws, rules or regulations.

(b)

The objectives of this article are:

(1)

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3)

To prevent the introduction of pollutants into the wastewater system which will cause obstruction and blockages in the wastewater collection system resulting in sewer overflows and increased system maintenance;

(4)

To improve the opportunity to recycle and reclaim wastewater and sludge from the wastewater treatment system;

(5)

To provide for equitable distribution of the cost of the wastewater system.

(6)

To protect publicly owned treatment works (POTW) personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public.

(7)

To enable the City to comply with its Florida Department of Environmental Protection permit conditions, sludge use and disposal requirements, and any other Federal and State laws to which the POTW is subject.

(c)

This article provides for regulations of the use of the wastewater system through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user monitoring, record keeping and reporting, assures that existing consumer capacity will not be preempted, and provides for the establishment of fees for the equitable distribution of costs resulting from the pretreatment program established herein.

(d)

This article shall apply to all persons who, whether by contract, permit, agreement, or otherwise discharge effluent or waste into the wastewater collection and treatment facilities of the City who are in any way users of the City's wastewater collection and treatment facilities. Except as otherwise provided herein, the City Manager, or duly authorized representative, shall administer, implement and enforce the provisions of this article.

(e)

The objectives of this article together with the City's other ordinances relating to its utility systems is, in pertinent part, to define the range of appropriate enforcement actions based on the nature and severity of the violation and other relevant factors and to promote consistent and timely use of enforcement remedies on a strict liability basis with the phrase "strict liability" meaning, in this context, that every instance of noncompliance (regardless of fault, negligence, or intent on the part of the user is a violation of City of Palm Coast's Codes and ordinances relating to its utility systems and subjects the user to enforcement actions by the City.

(Ord. No. 07-10, § 1, 5-1-07)