Ordinance 2013-48 FILED #43
t ^nI)'dTY. FLORIDA ORDINANCE NO. 2013 - 48
2013 JUL -8 AN IZ)I jINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
CLERK OF(Et>fP,ER COUNTY FLORIDA, RELATING TO THE COLLIER COUNTY
WATER-SEWER DISTRICT'S IQ WATER SYSTEM, PROVIDING FOR TITLE
AND '�TATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT;
BY / PROVING FOR DEFINITIONS; PROVIDING FOR CONNECTION TO
SYSTEM; PROVIDING FOR DISCONTINUING SERVICE BY DISTRICT;
PROVIDING FOR ANNEXATION OF DISTRICT SERVICE AREAS INTO
MUNICIPALITIES; PROVIDING FOR INTERRUPTED, DISCONTINUED
AND FAILURE TO DELIVER SERVICE; PROVIDING FOR SERVICE
REQUIREMENTS; PROVIDING FOR METER REQUIREMENTS;
PROVIDING FOR CROSS-CONNECTIONS PROHIBITED; PROVIDING FOR
CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY
USER; PROVIDING FOR DISTRICT MAINTENANCE; PROVIDING FOR
ADDITIONS OF CHEMICALS; PROVIDING FOR OWNERSHIP BY THE
DISTRICT; PROVIDING USERS IQ WATER SYSTEM; PROVIDING FOR
LIABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 9&37, AS
AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITYE t`
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;,
PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE
DATE. -v
WHEREAS, on May 12, 1998, the Board of County Commissioners (Board)', ad4ted
Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, to go4iiipolfaies,
procedures and conditions regarding the use of the Collier County Water Sewer-District's (District)
IQ Water Program; and
WHEREAS, the Board subsequently amended Ordinance No. 98-37 through its adoption of
Ordinance No. 99-35 and Ordinance No. 99-55; and
WHEREAS, the Board now desires to amend provisions of Ordinance No. 98-37, as
amended, to maintain compliance with District Wastewater Reclamation Facility operating permits,
applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy, and allow for
optimization of the District's IQ Water System; and
WHEREAS, IQ Water offers an environmentally sustainable method for managing
wastewater disposal, conserving potable water sources and providing alternative water supplies for
beneficial uses; and
WHEREAS, Section 403.064, F.S. encourages local governments to implement reuse
projects and places limitations on deep well injection and other forms of effluent disposal; and
WHEREAS, when a water reclamation facility permittee reuses reclaimed water or disposes
of effluent using property owned by another party, a binding agreement between the involved
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parties is required to ensure that construction, operation, maintenance, and monitoring meet the
requirements of Chapters 62-600, 62-620 and 62-610, Florida Administrative Code (FAC); and
WHEREAS, the water reclamation facility permittee shall retain primary responsibility for
ensuring compliance with all applicable requirements of the FAC for efficient disposal.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT,that:
SECTION ONE: TITLE AND CITATION.
This Ordinance shall be known as and may be cited as "The Collier County Water-Sewer
District IQ Water Ordinance."
SECTION TWO: FINDINGS.
The Board of County Commissioners hereby makes the following findings:
A. That Sections 403.064(1) and 373.250(1), F.S., establish the encouragement and
promotion of water conservation and Reuse of IQ Water as State objectives and that water
conservation and Reuse are in the public interest.
B. That FAC, Rule 62-610.320 (1) (b) requires that when water reclamation facility
permittee reuses IQ Water or disposes of effluent using property owned by another party, a binding
agreement between the involved patties is required to ensure that construction, operation,
maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620, and 62-610,
F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by the
permittee. The permittee shall retain primary responsibility for ensuring compliance with all
applicable requirements of the Florida Administrative Code for efficient disposal.
C. That FAC, Rule 62-610.491 (1) (c) requires that as part of the wastewater
reclamation facility permit application, the applicant shall submit documentation of controls on
individual users of IQ Water through detailed agreements or by local ordinance.
D. That the Collier County Water-Sewer District's (District's) IQ Water System meets
the criteria of a slow rate land application system with public access as defined by Florida
Administrative Code, Rule 62-610.450.
E. That the establishment and maintenance of an IQ Water System Ordinance is
required by Florida Administrative Code, Rule 62-610.469.
F. The provisions of this Ordinance shall be liberally construed to effectively carry out
its purposes in the interest of public health, safety, welfare and convenience.
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G. References to Federal, State and local rules and regulations are those then in effect at
the time of the adoption of this Ordinance and which may be amended or revised from time to time
by the respective regulatory body and will be incorporated herein by reference upon their adoption.
SECTION THREE: INTENT.
It is the intent of the District to make IQ Water available for irrigation and other authorized
uses. The IQ Water System (System) shall be developed in accordance with the IQ Water Policy
(Policy) and the IQ Water Master Plan(Master Plan).
SECTION FOUR: DEFINITIONS.
For purposes of this Ordinance, the definitions contained in this section shall apply unless
otherwise specifically stated. Words used in the present tense include the future tense, words in the
plural number include the singular, and words in the singular include the plural. The words "shall,"
"will,"or"must"are always mandatory and not merely discretionary.
Allocation shall mean the minimum amount of IQ Water allocated to a Major User through an
executed Major User Agreement. The Allocation will be based on availability and the IQ Water
Application Rate, expressed in million gallons per day (MGD) and delivered over a twenty four
(24) hour period.
Applicant shall mean any property owner or owner's agent (written evidence is required of
Designated Agent's/Officer's authority to execute legal documents for property owner) person or
entity that is requesting IQ Water service from the District for their use or on behalf of an IQ Water
User and is authorized to enter into a District User Agreement.
Approved Backflow Preventer shall mean a mechanical assembly that has been approved to
prevent backflow and back-siphonage to the District's water systems including the IQ Water
System.
Available IQ Water shall mean an amount of IQ Water, above and beyond the amount required to
meet existing User demand during the low flow/high demand period, as determined by the District.
Basic User shall mean an IQ Water User that uses less than 0.1 MGD of IQ Water expressed on a
twenty four (24) hour flow basis. This classification of User must enter into a Basic User
Agreement. Basic Users may receive Pressurized or Pressurized and Distributed service.
Basic User Agreement (BUA) shall mean a written contractual agreement between the District and
the Basic User through which the Basic User agrees to abide by all rules and regulations pertaining
to IQ Water use. These agreements are required by the State per Section 62-610.320(1) (b), F.A.C.
Board of County Commissioners of Collier County, Florida (Board) shall mean the governing
body of Collier County as the ex officio Governing Board of the Collier County Water-Sewer
District.
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Bulk Service shall mean a service level in which individually metered Users: (a) have a Major User
Agreement for Delivery and Reuse of IQ Water, (b) receive service that may be provided with
minimum pressure, (c) agree to receive a IQ Water Allocation on an annualized daily basis
throughout the calendar year, (d) provide IQ storage facilities on their property, (e) are responsible
for their IQ Water system beyond the District's designated Point of Delivery, and (f) agree to use
IQ Water in lieu of potable water for irrigation or other permitted uses.
Collier County Water-Sewer District (District) shall mean the Independent Special District
within Collier County that is defined by Special Act, Chapter 2003-353, Laws of Florida; as such
Act may be amended from time to time.
Cross-Connection shall mean any physical arrangement whereby the District's public water
system is connected, directly or indirectly, with any other water supply, sewer, drain, conduit, pool,
storage reservoir, plumbing fixture, or other device which contains or may contain contaminated
water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of
imparting contamination to the public water system, as the result of backflow. By-pass
arrangements, jumper connections, removable sections, swivel or changeable devices, or other
temporary or permanent devices, through which or because of which, backflow could occur are
considered to be cross-connections unless otherwise specified within this Policy or other related
District documents.
Customer shall mean an IQ Water User that is physically connected to the IQ Water System and
has a real and present availability for service (Delivery of IQ Water) regardless of actual use, and
shall include both Basic and Major Users.
FDEP shall mean the Florida Department of Environmental Protection.
Force Majeure shall include but not be limited to, acts of God, strikes, lockouts, or other industrial
disturbances, acts of any public enemy, wars, blockades, riots, acts of armed forces, epidemics,
delays by carriers, inability to obtain materials or rights-of-way on reasonable terms, acts or failures
to act by regulatory authorities, or the unavailability of necessary resources that are beyond the
reasonable control of the District to provide IQ Water to Users.
IQ Water shall mean alternative water resources other than potable water, available to the District
and shall include: (a) wastewater that has received the treatment established by the Florida
Administrative Code, Rule 62-610.460, currently defined as wastewater that meets, at a minimum,
secondary treatment and high-level disinfection after disinfection and before discharge to holding
ponds or the IQ Water System and (b) Supplemental Water Supplies such as ground or surface
water. IQ Water may also be referred to as reuse water, effluent water or reclaimed water.
IQ Water Application Rate (IQWAR) shall mean the irrigation application rate generally
recommended by the Water Management Districts, and adopted by the District, currently three-
quarters to one inch per irrigated acre per week. As an example, a User with a parcel of land that
has 100 acres of irrigable area, at the rate of 1-inch per week, will provide a maximum application
rate of 387,900 gallons per day of IQ Water expressed on an average annual daily flow basis (100
acres x 43,560 ft2 per acre x 1 inch per week /12 inches/foot x 7.48 gallons per cubic foot /7
days/week= 387,900 gallons/day).
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IQ Water Ordinance shall mean Ordinance 2013- which repealed and replaced Ordinance No.
98-37, as amended.
IQ Water Policy (Policy) shall mean the Policy as approved by the Board which outlines the IQ
Water program in terms of purpose, vision, mission, guiding principles, definitions, rates,
conservation, master planning, and operational guidelines. The Policy gives guidelines for the
optimization of available water resources and meeting the irrigation needs or other approved uses,
of customers in an economically and environmentally sustainable manner, through the use of IQ
Water.
IQ Water Rates shall mean the rates in dollars and cents charged by the District for IQ Water
service as established by the Board in Ordinance No. 2001-73, as amended, the Collier County
Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance.
IQ Water Service Area shall mean the geographic area within the District boundary where IQ
Water is or will be furnished in accordance with the prioritization and decision criteria included in
this Policy and subsequent master planning.
IQ Water System (System) shall mean all District owned elements that function to convey and
distribute IQ Water including all land and easements, buildings and structures, transmission and
distribution pipes, reservoirs, supplemental water supply production and pumping facilities,
metering equipment, equipment and machinery, and other appurtenances necessary to provide IQ
Water to Users. The System does not include the deep injection wells located at the Water
Reclamation Facilities used for wastewater effluent disposal.
IQ Water User shall mean any existing entity receiving IQ Water at the time of the Effective Date
of this Ordinance; such as a single family homeowner, golf courses, homeowner associations,
condominium associations or other associations with the legal authority to make binding
determinations on behalf of the association, its members, its unit owners, or the shareholders of
such association, corporations, or owner(s) of developed property. (See: Exhibit A for a list of
existing Major Users, their calculated minimum IQ Water Allocations and historical average IQ
Water use).
Major User shall mean an IQ Water User that uses or has an allocation greater than or equal to 0.1
MGD of IQ Water expressed on a twenty four (24) hour flow basis. This classification of User
must enter into a Major User Agreement and may receive Bulk or Pressurized Service. (See:
Exhibit A).
Major User Agreement (MUA) shall mean a written instrument between the Major User and the
District, by which the Major User agrees to abide by all rules and regulations pertaining to IQ
Water, designates a minimum Allocation, designates a Point of Delivery, designates areas where IQ
Water will be used, and other contractual obligations. These agreements are required by the State
per Section 62-610.320(1)(b) F.A.C.
Master Meter, shall mean a radio read or other water meter that measures the total gallons of water
that flows through such meter to measure the cumulative water being served to a specific project,
development or portion(s) thereof and which has many separate end users being served by such
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master metered water (as distinguished from a water meter that measures flow of water to separate
end use customers or end use water customer units).
Point of Delivery (POD) shall mean the location where the Districts IQ Water System is physically
connected to the Users IQ Water system and represents where the District's responsibility ends and
the User's responsibility and liability begins. In Major User Agreements it will be defined and
identified in an exhibit. In certain identified Major User Agreements the POD will be where the IQ
Water line enters onto the Major User's property boundary. The POD for Basic Users, unless
otherwise specified, will be at the point where the downstream section of the meter assembly goes
into the ground on the User's side of a meter.
Pressurized Service shall mean the service level in which Users are (a) individually or master
metered; (b) receive IQ Water under pressure at the POD; (c) are responsible for the distribution of
IQ Water downstream of the individual or master meter(s); (d) agree that the District will not be
responsible for the water pressure and system maintenance downstream of the POD.
Pressurized and Distributed Service shall mean the service level at which Users (a) are either
individually or master metered; (b) receive IQ Water under pressure; (c) whose IQ Water System is
maintained by the District beyond the boundaries of the master community up to the individual or
master meter; (d) are responsible for the distribution of IQ Water to irrigable areas downstream of
the master or individual meter; (e) are solely responsible for the water pressure and IQ Water
System maintenance downstream of the POD.
Reuse shall mean the deliberate application of IQ Water, in compliance with the Florida
Department of Environmental Protection (FDEP) and South Florida Water Management District
(SFWMD)rules, for a beneficial purpose.
SFWMD shall mean the South Florida Water Management District.
Supplemental Water Supply shall have the same meaning as Alternative Water Supplies per
subsection 373.019(1), Florida Statutes, (Note that per Ordinance No. 2004-31, as amended,
Supplemental Water is non-potable ground water, stormwater, or surface water).
Unincorporated Area shall mean all geographic areas within Collier County not within the
geographic boundaries of any municipal corporation as of June 26, 2003, the effective date of
Chapter 2003-353, Laws of Florida, a Special Law. In the context of IQ Water and these policies,
all geographic areas incorporated as a municipal corporation shall thereby be deemed to be within
geographic boundaries of that municipality. Also all areas annexed into a municipal geographic
corporation after the effective date June 26, 2003, shall thereby be classified as being
"incorporated" unless such geographic area, by inter-local agreement pursuant to Section 171.204,
Florida Statutes (as now exists or hereafter amended and/or renumbered by the Florida Legislature),
excludes such annexed geographic area as an unincorporated enclave and, being an inter-local
agreement enclave, shall remain classified as "unincorporated" (not being within the geographic
boundaries of the municipality).
User Agreement shall mean the Basic User Agreement or the Major User Agreement, or both
Agreements, as applicable.
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Water Resource Caution Area shall mean a geographic area identified by a water management
district as having an existing water resource problem or an area in which water resource problems
are projected to develop during the next 20 years.
Wastewater Director shall mean the District individual responsible for the technical and
operational activities of the District's IQ Water program.
SECTION FIVE: CONNECTION TO SYSTEM.
A. All Users connected to the System shall enter into a User Agreement with the
District. Users with usage greater than or equal to .1 MGD must enter into a written Major User
Agreement. Users with usage less than .1 MGD must enter into a Basic User Agreement.
B. Customers in designated service areas may connect to the System where the ability
to deliver IQ Water exists and the District has determined that sufficient IQ Water is available to be
delivered; and upon District approval of a properly submitted application which is compliant with
all applicable laws, rules, and regulations. With the exception of District Utility Facilities, all
Customers will be charged the applicable published rates, fees and charges for delivery of the IQ
Water.
C. (i) The residential areas of the Planned Unit Developments that currently have IQ
Water infrastructure, including both mains and service lines and that currently receive pressurized
and distributed service (Pelican Bay and Pelican Marsh) are grandfathered and exempted from the
following provision
(ii) The District will not add any additional Users to the IQ Water System until it
can be reasonably determined by the District that a sufficient quantity of IQ Water is available
during the low flow/high demand period for additional Users, and that the addition of such Users
will not reduce the District's delivery of the contracted volumes of IQ Water to existing Users.
(iii) Prior to the addition of any future Users of the IQ Water System, and based on
IQ Water Availability, existing Major Users will be provided with an opportunity to increase their
Allocations on a pro-rata basis up to the amount of one inch (1") per acre, per week, or the IQ
Water Application Rate of the then recognized amount determined by the IQWAR utilization, in
exchange for the User's water use permit substitution or offset credits. For the purpose of the
application of this future User prioritization, any increase to the IQ Water volume for existing
Major Users will be based on the amount of the Major Users' irrigable acres irrigated with IQ
Water in 2012.
(iv) Any substitution or offset credits earned by the User by utilizing IQ Water will
be conveyed to the District by the User receiving such credits.
SECTION SIX: DISCONTINUING SERVICE BY DISTRICT.
A. The District may suspend IQ Water service to any User due to violation(s) of any
provision(s) of Collier County Ordinances, Federal, State, or District regulations or policies, or the
User Agreement, for non-payment of fees and charges for delivery of IQ Water, for tampering with
any service, for cross-connection with any other water source, or for any reason when the District
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finds that continuation of service has the immediate potential to be detrimental to the District's
potable water, wastewater, or IQ Water utility systems, the environment, or the health, safety, and
welfare of the public.
B. If the violation may result in an immediate harm to persons or property, the District
will cease and suspend service until the violating condition is corrected and all costs due to the
District have been paid in full. These costs may include past due bills and penalties, connection
charges, payment for any damage caused to the System, together with any charges established on
the basis of the expenses incurred in the disconnection and restoration of service, which shall be
non-discriminatory in its application. The User shall be provided written notice of violations to
include what is required to return to compliance, and shall be provided a reasonable amount of
time to cure the violation. Should suspended service be restored by the User without written
authorization from the District, the District shall immediately remove the IQ Water service lines,
and all associated additional charges for the District work will be borne by the User. Authorized
service restoration is not guaranteed and will be made solely at the reasoned discretion of the
District.
C. Failure to enter into and maintain an executed User Agreement, including the
acceptance of all amendments and modifications thereto with the District, will result in the
discontinuance of IQ Water service.
SECTION SEVEN: ANNEXATION OF DISTRICT SERVICE AREAS INTO
MUNICIPALITIES.
The annexation of any areas into a municipal corporation after the effective date designated
in Chapter 2003-353, Laws of Florida, does not remove any such annexed area from the District's
geographic boundaries. If the District is providing any part or all of such annexed area with IQ
Water, the District upon such annexation shall not be obligated to continue to supply IQ Water to
such annexed area except to the extent that the District is then contractually obligated to continue to
supply such area with IQ Water pursuant to a Major User Agreement.
If the District is providing IQ Water to any geographical area and any other purveyor of
water or wastewater service should expand its service area to include such geographical area the
District shall not be obligated to continue to supply IQ Water to such area except to the extent that
the District is then contractually obligated to continue to supply such area with IQ Water pursuant
to a Major User Agreement.
SECTION EIGHT: INTERRUPTED, DISCONTINUED, SUSPENDED AND
FAILURE TO DELIVER SERVICE.
A. The District shall not contractually allocate more IQ Water than can reasonably be
made available during the low flow/high demand period as determined by the District. The amount
of IQ Water available for allocation to Major Users will be determined as follows:
1. The lowest daily flow of wastewater influent available for treatment;
2. Plus: the daily reliable flow from Supplemental Water Supplies;
3. Minus: the Basic and Pressurized Users maximum month average daily demand.
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Cti)
B. The District may interrupt or temporarily suspend or discontinue service to any
portion of, or the entire IQ Water System as may be deemed necessary and appropriate by the
District or as required by any regulatory authority or designee.
C. The District will not be liable to Users for failure to deliver IQ Water if certain
situations beyond the reasonable control of the District preventing delivery exist, such as, but not
limited to: (1) unavailability of source water due to a loss or lack of influent to the wastewater
reclamation facilities; (2) process failure; (3) noncompliant IQ Water; (4) equipment or material
failure in the System, including failure of storage or pumping; (5) routine or emergency System or
treatment facility repair or maintenance; (6) Force Majeure incidents or occurrences that makes it
impossible, impractical or limits the ability of the District to provide IQ Water.
D. At times, IQ Water demand may exceed the IQ Water supply. During these events,
IQ Water service will be restricted and apportioned per District operating protocols, which will be
published within six (6) months from the adoption of this Ordinance. The operating protocols shall
provide that any reduction in supply to an existing User shall be applied on a prorated basis unless
there is a physical reason why the existing Users cannot be treated equally.
E. The District has the necessary facilities and capability to augment the District's
System with certain non-potable water resources in order to enhance the application of IQ Water
with Supplemental Water for irrigation or other approved purposes. All aspects of the District's use
of such Supplemental Water to enhance the System, such as timing,volumes, blending, distribution,
and pricing will be exclusively at the District's considered discretion. Supplemental Water shall be
utilized for the benefit of all IQ Water Users.
SECTION NINE: SERVICE REQUIREMENTS.
A. By accepting IQ Water service, all Users agree that the User (1) has read Ordinance
No. 97-33, as amended; (2) shall accept the IQ Water delivered by the District without warranty
beyond the regulatory Compliance Points for federal, state and local requirements for quality, and
will use the IQ Water only for approved uses on the User's property pursuant to all local, State, and
Federal regulations; (3) shall not discharge IQ Water directly into the waters of the State without
written authorization from the SFWMD and the FDEP, which written authorization shall be
submitted to the District prior to discharging directly into waters of the State; (4) shall be
responsible for the payment of the rates, fees, and charges as adopted by the District for the
provision of IQ Water service per Ordinance No. 2001-73, as amended; (5) agrees that the District
has the authority to impose conservation-based rates and/or interrupt service to customers that use
IQ Water in excess of the Allocation or IQ Water Application Rate of the respective User; and (6)
agrees that the District will not be held liable for damages that may occur to vegetation or other
damages that occur due to uses of IQ Water.
B. No new connection to the System or intended use shall be permitted without an
executed written User Agreement between the District and the User. Users without existing or
expired User Agreements must enter into a User Agreement upon the request of the District in order
to continue to receive IQ Water Service. Any User that fails to enter into a User Agreement with
the District will have IQ Water Service discontinued within thirty (30) days after written
notification by the District to the User of the District's intent to discontinue the User's service.
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C. Approvals from all relevant regulatory authorities and the District shall precede all
connections to the System. IQ Water service will be discontinued if User does not comply with all
applicable rules, laws, and regulations for the application of the IQ Water.
D. Users of the IQ Water shall consent to the reasonable entry upon the property using
IQ Water or property containing any portion of the System infrastructure owned by the District.
Such entry shall ordinarily be for the purposes of reviewing the operation and condition of the
System, for inspection of infrastructure, sampling at monitoring wells, or meter reading. User also
consents to the District employees or Districts representatives conducting cross connection
inspections, or site compliance inspections that may include the operation of private IQ Water
facilities, such as private irrigation systems. At the request of the District and as a condition of
service, Users shall consent to the reasonable installation, sampling, and maintenance of monitoring
wells associated with the System. The User waives all rights to receive any further notice from the
District of entries conducted pursuant to this Ordinance, and indemnifies the District, its agents and
employees from any and all claims, damages,judgments and expenses incurred by the District as
the result of the Users discharge or use of IQ Water in violation of any of the terms of this
Ordinance or applicable laws, rules or regulations.
E. Applicants shall at its sole expense, obtain and fulfill all requirements of all the
necessary permits, licenses, conditions, and approvals for any construction and operation of the
Users IQ Water system.
F. IQ Water Service will be provided to Applicants as described in the IQ Water
Policy.
G. Any and all adjustments to Users IQ Water system required by changes in law shall
be completed within the time period defined by the regulatory authority requiring such changes at
the Users expense.
H. The District will recognize that portions of IQ Water may continue to be used for
environmental mitigation purposes.
I. IQ Water may also be used for non-irrigation purposes, such as cooling towers. Non-
irrigation uses for IQ Water must meet all of the requirements of 62-610 F.A.C. and be approved by
the District. All cooling towers will be required to install a redundant connection to another water
source and applicable backflow prevention devices.
SECTION TEN: METER REQUIREMENTS.
All connections to the System shall be metered. At the time of connection of the
Applicant's property to the System, the Applicant will be responsible for the full cost of installation
of the meters and all appurtenances thereto (collectively referred to as the "meter") and such
facilities shall be dedicated at no cost to the District in accordance with applicable Collier County
Ordinances. Replacement meters will be installed by the District at the District's discretion and
expense. Costs associated with meters replaced at the request of the User will be paid for by the
requesting party and dedicated at no cost to the District.
A. The District shall install new meters less than or equal to two (2) inches in size.
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Associated costs for the meter and its installation will be paid by the User per Ordinance No. 2001-
73, as amended.
B. New meters greater than two (2) inches in size will be installed by the Applicant in
coordination with District regulations. The Applicant must submit an application for an IQ Water
meter and install the meter and associated infastructure in accordance with District requirements
and specifications under the direct physical supervision of a District representative. All costs
associated with the installation of the meter to include District expenses will be paid by the User.
Any User that connects to any part of the System without direct physical supervision by a District
representatives will have all IQ Water service being provided immediately terminated. Upon the
finding of an improperly or unauthorized meter installation will constitute a violation of this
Ordinance and shall be subject to all fines and costs in addition to the penalties as set out herein.
SECTION ELEVEN: CROSS CONNECTIONS PROHIBITED.
A. No Cross Connections shall be permitted. Any Cross Connection constitutes a
violation of this Ordinance and shall be subject to fines and costs as identified in Ordinance No.
2001-73, as amended.
B. On all properties where IQ Water service is provided, the public water supply shall
be protected by an approved backflow protection device as specified in Ordinance No. 97-33, as
amended.
C. To determine the presence of any potential hazards to the District's potable or IQ
Water Systems, the District shall have the right, but not the duty, to enter upon the premises and test
the private irrigation or other system of any User receiving IQ Water for the purpose of performing
cross connection inspections.
D. (i) If a Cross Connection is found, the District will immediately suspend IQ Water
service to a User upon the confirmation of a Cross Connection with the District potable water
system. IQ Water service will be reinstated only upon (a) the removal of the cross-connection
together with any additional reasonable terms and conditions that the District determines are
necessary to avoid future cross connections; (b)there is no history of previous cross connections or
violations of the other provisions of this Ordinance by the User relating to the public health and
safety by the User; and (c)the Florida Department of Environmental Protection (FDEP)provides its
approval of the reinstatement to the District in a writing, if necessary.
(ii) The Users will be responsible for all costs incurred by the District and the User,
resulting from the Cross Connection. These costs include, but may not be limited to: all potable or
IQ Water used, including all potable water used for flushing lines, and follow-up Cross Connection
inspections performed by a licensed professional irrigation contractor or a certified Reclaimed
Water Field Inspector as mandated by the District. IQ Water service will not be restored prior to
submittal of a written report summarizing the Cross Connection inspections with subsequent written
approval by the District.
E. Any additional requirements for Cross Connection regulation may be further set out
in the individual User Agreements as may be necessary for the User.
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SECTION TWELVE: CONSTRUCTION SPECIFICATIONS.
All IQ Water connections shall meet the following specifications:
A. Prior to connection, all requirements of Florida Administrative Code, Ordinance No.
2004-31, as amended, and all other relevant District requirements in existence at the time of
connection, shall be fully met.
B. New above ground hose bibb connections shall not be made unless the User has
a written documentation of inspection and approval by the FDEP as required by 62-610.469(3),
F.A.C. Such documentation must be received and approved by the District prior to any hose
bibb installation.
SECTION THIRTEEN: MAINTENANCE BY USER.
A. Except to the extent, if any, and clearly and expressly articulated in a User
Agreement to the contrary, the User shall take full responsibility for the design, construction,
permitting, financing, compliance, operation, maintenance and repair of the IQ Water system
downstream of the POD. The District may disconnect IQ Water service to any User in the event
any part of the User's system is not being maintained to the standards specified in Ordinance No.
2004-31, as amended. In addition, should the User require IQ Water at different pressures, different
quality, or in any way different from that which is supplied by the District, the User shall be
responsible for any necessary devices for making these adjustments and obtaining approval from
the District. If such changes are made supplementing the quality or pressure(s) from the District,
the District shall not be held liable and the User will hold the District harmless from any and all
claims for damages to persons or property as the result of the application of User's modifications to
the District's standard IQ Water.
B. The User shall take reasonable precautions, including signs, labeling, and color-
coding to prevent confusion between IQ Water and other water sources. All costs associated with
the reasonable precautions will be borne solely by the User.
SECTION FOURTEEN: DISTRICT MAINTENANCE.
A. Except to the extent, if any, and clearly and expressly specified in a User Agreement
to the contrary, the District shall own and be responsible for all repairs and maintenance and
associated costs for operating the System upstream of the designated POD.
B. The District will not own, operate, maintain, or be deemed to be in possession or
control of the Users IQ Water system downstream of the POD unless specified in a User
Agreement.
C. No person shall perform any work, nor be reimbursed for any work, on the District's
System, without written authorization from the District prior to work commencing.
D. The District will make every effort to inspect, maintain and keep its facilities in good
and serviceable repair, but assumes no liability for any damage caused by the System that is beyond
12 GQ.
the reasonable control of normal maintenance. These situations include, but are not limited to:
damage due to the breakage of pipes, diminished water quality due to unauthorized or illegal
introduction of foreign material into the System by others that is beyond the reasonable control of
the District, or other similar incidents.
E. The District will not provide additional treatment to the IQ Water beyond the
compliance points located at the Water Reclamation Facilities.
F. The District has the right, but not a duty, to reasonably operate or regulate the User's
private system if it is found by the District to be necessary for the health, safety, and welfare of the
public.
G. The Users' denial of access of an authorized District representative to a property
receiving IQ Water for the purpose of conducting any inspections shall constitute a violation of this
Ordinance and may constitute grounds for the immediate discontinuation of IQ Water service by the
District.
SECTION FIFTEEN: ADDITIONS OF CHEMICALS.
A. Users' addition of any chemicals to the District's System is strictly prohibited.
B. Any User adding or otherwise placing chemicals into the User's IQ Water system
must first install, test, and maintain an approved and appropriate backflow prevention assembly per
Ordinance No. 97-33, as amended. All backflow prevention devices must be tested annually per
Ordinance No. 97-33, as amended. Written documentation for the installation, maintenance and
testing of the backflow prevention device(s) must be provided to the District within ten (10)
business days following the installation, maintenance or testing of the device(s).
C. All algaecide applications to IQ Water storage ponds shall be completed per
manufacturers' specifications.
SECTION SIXTEEN: OWNERSHIP BY THE DISTRICT.
A. No private IQ Water facilities will be installed or accepted by the District for
ownership, operation and maintenance, with the exception of certain meters as provided for in this
Ordinance.
B. The District's utility easements and dedicated public rights of way do not indicate
acceptance of or ownership by the District of any User's infrastructure that may be placed into the
District easement or right of way.
C. No District IQ Water facilities will be installed by an Applicant and accepted by the
District for ownership operation and maintenance, unless the facilities are located in a dedicated
public right of way, a County Utility Easement (CUE) or a Perpetual Utility Easement (PUE). Any
new easement shall be adequately sized to accommodate construction and maintenance of all
System components. No obstruction of any kind shall be planted, built, or otherwise created within
the limits of the utility easement or right of way without prior written authorization from the
District.
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13
D. If IQ Water infrastructure is to be conveyed to the District, the User shall submit all
documents as are required for the dedication of private facilities to the District as specified in
Ordinance No. 2004-31, as amended.
SECTION SEVENTEEN: USER'S IQ WATER SYSTEM.
A. The Applicant shall, at its sole expense, construct all necessary transmission mains;
re-pump stations and appurtenant improvements for transmitting IQ Water from the District's
System to the User's system. The Applicant shall, at its sole expense, construct all necessary on-site
IQ Water system facilities such as pipes, storage facilities, and drip, spray or sprinkler facilities.
B. Users may apportion their monthly charges paid to the District for IQ Water Service
to its internal users,pursuant to Ordinance No. 2001-73, as amended.
SECTION EIGHTEEN: LIABILITY.
The District shall not be liable for any claims for damages to the User's property or persons
thereon as the result of the use of District IQ Water, provided that the quality of the IQ Water at the
Compliance Points has been treated and meets all standards as required by all applicable federal,
state, and local rules, laws and regulations.
SECTION NINETEEN: REPEAL OF ORDINANCE NO. 98-37,AS AMENDED.
Collier County Ordinance No. 98-37, The Collier County Reclaimed Water System
Ordinance, and all amendments thereto, are hereby repealed in its entirety.
SECTION TWENTY: CONSTRUCTION AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purpose in the interest of the public's health, safety, welfare, or convenience.
If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions thereof.
SECTION TWENTY-ONE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article"or any
other appropriate word.
SECTION TWENTY-TWO: PENALTIES.
14 oto
Unless another penalty is specifically provided for herein, any person who violates any
section or provision of this Ordinance shall be prosecuted and punished as provided for by Section
125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense.
Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the
violation of this Ordinance, before the Special Magistrate or in the Circuit Court of Collier County.
SECTION TWENTY-THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon being duly filed with the Secretary of the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this the 2$t'day of "Ttyt ti e , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF ,
DWIGHT E. BROCK, CLERK COLLIER, FLORIDA, AN I A EX'OFFICIO THE
GOVE' • ING :OARD 6 THE COLLIER COUNTY
WATE' -S W R DIS ICT = '
By: _ `� By:
-Depu le ' GEORGIA A. HILLER, ESQ.
Attest as to Chairman's., CHAIRWOMAN
signature only.
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
This ordinance filed with the
Secretory of State's Office the
_ ._ doy of .t !__—, 2015
and ccknowledgement of that
filing received this day
of
By. ..
15
Exhibit A
Minimum Historical
Major User Allocation Average Use
(GPD) (GPD)
1 Audubon Golf& Country Club 405,679 760,692
2 Autumn Woods Community Association Inc. 90,508 273,756
3 Beachwalk Residents Association 103,955 138,424
4 Calusa Bay 147,399 88,456
5 Collier County Facilities Management Department 113,200 78,556
6 Collier County Parks& Recreation Department(NCRP & Vineyards) 165,869 308,204
7 Collier's Reserve Country Club Inc. 206,080 303,665
8 Countryside Golf& Country Club 257,600 141,016
9 Foxfire Community Association of Collier County 374,035 450,241
10 Glades Golf& Country Club 756,388 487,631
11 Hibiscus Golf Club 257,600 395,981
12 Imperial Golf Club Inc. 360,640 326,460
13 LaPlaya Golf Club 225,821 466,436
14 Lakewood Country Club of Naples 186,200 92,326
15 Lakewood Community Services Inc. 400,000 467,566
16 Lely Resort Golf&Country Club 618,240 1,036,119
17 Lely Community Development District 772,800 898,694
18 Riviera Golf Club 119,905 170,961
19 Royal Palm Country Club of Naples Inc. 426,681 247,111
20 Tarpon Cove Community Association 77,578 132,665
21 The Club Pelican Bay 257,600 415,908
22 Vineyards Development Corporation 772,800 1,148,998
23 _Windstar on Naples Bay 199,842 353,672
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-48
which was adopted by the Board of County Commissioners
on the 25th day of June, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of July, 2013 .
DWIGHT E . BROCK
Clerk of Courts arOGIeck
Ex-officio to Bq rd ' of--.. •�
County Commissi$npfrs ,
..
By: Martha Vergaera,
Deputy Clerk