Private Sewer Lateral Enforcement Policy

Compliance with the Country’s ordinances through amicable means is always preferred, and compliance measures are considered before proceeding with enforcement. The Engineering Technician sends reminder letters to the permittee at appropriate intervals, to allow for corrective action to be completed. Unfortunately, compliance cannot always be achieved using only compliance tools. Enforcement is sometimes the best tool for achieving compliance. There are several options available at each level of the enforcement process. In general, enforcement remedies are progressive in nature.

Enforcement Options

The Engineering Technician is responsible for exhausting all compliance remedies before making an enforcement recommendation. The Engineering Specialist Supervisor oversees and approves the enforcement recommendation. The Engineering Section Manager and the Engineering Division Director must approve escalated enforcement as indicated below. The assistant County attorney will be requested to review all supporting documentation before issuing Administrative Orders, Cease and Desist Orders, Permit Revocation Orders, and Termination of Service Orders. The ACA provides an unbiased evaluation as to whether the nature of the violation justifies the level of enforcement action. The ACA may also be requested to review escalated penalties before issuance if the Engineering Technician and Engineering Specialist Supervisor deem it necessary.

Action	Responsible  Personnel	Description
Failure to Inspect Private Lateral
90-day warning letter	ET, ESS, ESM	Letter informing permittees that they are in violation of County ordinance. The permittee should be given appropriate time to correct the deficiency.
Notice of Violation (NOV)	ET, ESS, ESM, EDD, ACA	Written notice to a permittee that a violation of the Pinellas County Code has occurred and that future violations may result in monetary penalties. Within 10 days, the permittee must submit a written explanation of the violation and plans for correction to the ET.
Consent Order (CO)	ET, ESS, ESM, EDD, ACA	An agreement with a non-compliant permittee that includes specific corrective action necessary to correct the noncompliance. The CO is usually a negotiated settlement. The CO includes a Compliance Schedule delineating time frames for corrective actions and reporting requirements. COs may be used to recover civil penalties and costs associated with noncompliance. Procedures for payment and appeal of the civil penalty are included in the CO.
Local Ordinance Violation Court	ET, ESS, ESM, EDD, ACA	After a hearing on the citation, the LOV Court judge shall determine whether a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the judge may order the violator to correct the violation and may impose a civil penalty plus all applicable costs. Ordinance violations may be subject to prosecution pursuant to Fla. Stat. 125.69, and subject to a fine of up to $500 per violation.
Failure to Repair/Replace Damaged Private Lateral
18-month warning letter	ET, ESS, ESM	Letter informing permittees that they are in violation of County ordinance. The permittee should be given appropriate time to correct the deficiency.
Notice of Violation (NOV)	ET, ESS, ESM, EDD, ACA	Written notice to a permittee that a violation of Federal, State, and/or local regulation or requirement has occurred and that future violations may result in monetary penalties. Within 10 days, the permittee must submit a written explanation of the violation and plans for correction to the ET.
Consent Order (CO)	ET, ESS, ESM, EDD, ACA	An agreement with a non-compliant permittee that includes specific corrective action necessary to correct the noncompliance. The CO is usually a negotiated settlement. The CO includes a Compliance Schedule delineating time frames for corrective actions and reporting requirements. COs may be used to recover civil penalties and costs associated with noncompliance. Procedures for payment and appeal of the civil penalty are included in the CO.
Local Ordinance Violation Court	ET, ESS, ESM, EDD, ACA	After a hearing on the citation, the LOV Court judge shall determine whether a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the judge may order the violator to correct the violation and may impose a civil penalty plus all applicable costs. Ordinance violations may be subject to prosecution pursuant to Fla. Stat. 125.69, and subject to a fine of up to $500 per violation.
Find and Fix	ET, ESS, ESM, EDD, DD, ACA	The County may fix the private lateral if it is detrimental to County infrastructure.
Fix and Lien	ET, ESS, ESM, EDD, DD, ACA	The County may opt to fix the private lateral and then file a lien on the property.