§ 62-38. General provisions of wastewater service.

The village will provide service to customers, as applicable, upon the general terms set forth in this policy. For the purposes of this policy, the term "village" includes, but is not limited to, any contractors or operators retained by the village to install, construct, operate, repair, maintain, expand, and replace the wastewater system.

(a)

Service continuity. The village shall not be liable to an owner or customer for any direct, indirect, incidental or consequential costs, expenses, obligations or damages arising out of or relating to the village's provision of service or any failure or interruption of service. By accepting service from the village, an owner and customer agrees to be bound by the provisions of this policy and the waiver of claims set forth in this section. In the event of a planned service interruption or discontinuance not related to delinquency of payment, the village will endeavor to provide all affected customers with not less than 24 hours' written notice, except in cases of emergencies.

(b)

Cross connections and unauthorized connections prohibited. Any physical arrangement or connection of pipes, fixtures, or other facilities between a system containing potable water and a system containing wastewater or any part or portion of the wastewater system is prohibited. Without the prior written approval of the village and proper permitting, no owner or customer shall tap into or connect into any portion of the wastewater system for the purpose of connecting or discharging into the wastewater system. Connections to the wastewater system shall be made only as authorized and permitted by the village and under the supervision or inspection of the village's wastewater service contractor or agent. In the case of unauthorized cross connections, inter-connections, tap ins or extensions, the village may discontinue or terminate service until such time as the cross connection or physical arrangement has been appropriately separated, permitted and conforms with all applicable laws and regulations, full payment is made for such service, and reimbursement is made to the village for expenses incurred by the village as a result of such unauthorized connection or use, including administrative costs, testing, inspections and legal and courts costs. In addition, unauthorized use may result in appropriate criminal prosecution by the village.

(c)

Contiguous properties. No owner or customer may extend wastewater lines or facilities, including gravity service lateral connections, gravity service connections (grinder pumps), grinder pump service lateral connections, or other connection facilities and equipment to connect to the wastewater system, across a public street, alley or other public or private highway or property not owned by the owner or customer, except as expressly approved and permitted by the village.

(d)

Duty to protect village property and wastewater system. Each owner and customer shall exercise reasonable diligence to protect village property, and any portion or component of the wastewater system, including any part of the wastewater system which may be located or installed within the owner's or customer's property, and shall not permit any person to have access to village property, the wastewater system or any facilities or portion thereof, except as authorized by the village or by applicable law. In the event of any loss or damage to village property or the wastewater system caused by or arising out of acts or omissions of the owner or customer, or carelessness, neglect, or misuse by the owner or customer, the cost of remedying or repairing such loss or damage shall be paid by the owner and/or customer to the village. Nonpayment of the correction of the loss or repairing such damage by the owner and/or customer may result in interruption, discontinuance or termination of service by the village, and all other applicable remedies.

(e)

Village right to refuse to provide service. The village may refuse to provide or extend service to any owner or customer on the basis of a use or impact detrimental to the wastewater system, lack of payment of required fees and charges, or for any other reason which, in the sole judgment of the village, applying sound engineering principles, will be detrimental to village or the wastewater system. No payment of costs, submittal of an application, or other cost made to receive water or wastewater service shall guarantee service.

(f)

Interruption, discontinuance or termination of service. The village shall have the power to enforce the terms and conditions for the use of its wastewater system, including enforcement of this policy, the KLWTD agreement, and all applicable laws and regulations governing the wastewater system. Accordingly, the village may interrupt, discontinue or terminate service to any owner or customer who violates the provisions of this policy, the KLWTD agreement, and any applicable laws and regulations governing the wastewater system and service, including, but not limited to, delinquency of any amounts owed the village for service.

(g)

Prohibition against unauthorized work on village wastewater system; tampering. Unless expressly authorized in writing by the village, no person shall tamper with, work on, alter, improve, manipulate valves, or in any way alter or damage any part of the wastewater system, or cut into or make any connection with the wastewater system.

Tampering with, working on, altering, improving, manipulating or damaging the wastewater system or any component thereof, including but not limited to, collection mains and systems, manholes, force mains, pump stations, vacuum valves, vacuum valve chambers, grinder pump stations, grinder pump service lateral connections, gravity service lateral connections, gravity service connections, connection facilities and equipment, fixtures, appurtenances, security devices, signs, or enclosures is expressly prohibited by this policy and Florida law. Any person found in a civil action to have violated the provisions of F.S. § 812.14, may be liable to the village for the amounts and in the manner set forth in F.S. § 812.14.

An owner or customer shall promptly report any evidence of tampering to the village. An owner or customer is responsible for any tampering caused by its agents, tenants or any third parties occupying and using the owner's or customer's property, whether with or without the owner's or customer's consent.

In the event there is evidence of tampering, the village may, without prior authorization, remove and confiscate any materials, equipment or facilities that are connected to the wastewater system and related to such tampering and pursue all legal and equitable remedies against owner and/or customer.

Tampering that results in a substantial reduction in the cost of service received by a customer will be presumed to have been known to the owner and customer if not reported to the village within one billing period after the reduction in the cost of the service becomes evident. In such event, it will be presumed that tampering was willfully allowed to persist by the owner or customer.

No alterations or changes in the gravity service lateral connection, grinder pump service lateral connection, or other connection facilities and equipment necessary to connect to the wastewater system or other facilities or installation that will affect the proper operation of the wastewater system may be made without the prior written consent of the village. The owner and customer shall be liable to the village for any damage resulting from a violation of this provision.

(h)

Owner/customer's duty to maintain installation. The owner or customer shall not utilize any appliance or device that may adversely affect service or the wastewater system. The village reserves the right to discontinue or terminate service whenever any such appliance or device is being used.

The owner and/or customer's collection system located on the property, including the gravity service lateral connection, gravity service connection (grinder pump), sewer lateral connection facilities, equipment, and appurtenances from the building to the grinder pump station and electrical connection from the building to the grinder pump station, pump stations, and other collection and connection facilities and equipment necessary to connect to the wastewater system, including all piping, equipment and appurtenances, shall be used and maintained by the owner and customer in good working and safe and sound operating condition, and in accordance with standard practices, this policy, the minimum design and construction standards and specifications for wastewater, and all other governmental regulations and laws applicable thereto.

The owner shall promptly correct and repair any deficiency, defect or violation in the owner's facilities, piping, equipment and appurtenances on the property which are known by the owner, reported to the owner or customer by the village, in violation of this policy or the KLWTD agreement or applicable laws and regulations, and/or causing loss or damage to the wastewater system.

Residential property; grinder pump program. In connection with residential property to be serviced by low pressure grinder pumps, in which the owner is eligible for and has opted into the village's grinder pump program, the village shall install, furnish, repair and maintain the grinder pump station and grinder pump service lateral connection. The owner and/or customer shall own and shall be obligated to furnish, install and maintain the gravity service connection (grinder pump) and electrical connection from the building to the grinder pump station. The owner and/or customer shall provide adequate electrical service to properly and continuously operate the grinder pump station.

Commercial connections and residential property not part of grinder pump program. In connection with commercial connections and residential property not eligible for and not participating in the grinder pump program, the owner shall own, install, furnish and maintain the gravity service connection (grinder pump), the grinder pump station, the grinder pump service lateral connection, the sewer lateral connection facilities, equipment, and appurtenances from the building to the grinder pump station and electrical connection from the building to the grinder pump station. The owner and/or customer shall provide adequate electrical service to properly and continuously operate the grinder pump station. The village shall have no obligation to furnish, install, repair or maintain any portion of a grinder pump system installed to service commercial, or residential property not a part of the grinder pump program.

No changes or modifications to the owner's collection system, gravity service connection, grinder pump, gravity service lateral connection, grinder pump service lateral connection, and other collection or connection facilities and equipment necessary to connect to the wastewater system and installation equipment and facilities that may affect the proper operation of the wastewater system shall be made without the prior written consent of the village and in accordance with applicable laws and regulations. The owner and customer are liable to the village for any damage to the wastewater system resulting from a violation of this provision.

(i)

Compliance with policy, village rules and regulations and other applicable laws. Each owner and customer must comply with this policy, the minimum design and construction standards and specifications for wastewater, the terms and conditions of the KLWTD agreement, and all applicable rules and regulations as duly adopted or as may subsequently revised or amended governing or regulating the wastewater system and service. The village has the right to refuse to provide service or discontinue or terminate service for failure of an owner or customer to comply with the requirements of this policy and all village rules and regulations, the KLWTD agreement, and any applicable state and federal laws and rules and regulations governing or regulating the wastewater system and the provision of service.

(Ord. No. 14-14, § 3 (Exh. A), 11-6-2014)