Agenda 05/28/2013 Item #16C8 5/28/2013 16.C.8.
EXECUTIVE SUMMARY
Recommendation to advertise a public hearing to consider the adoption of an Ordinance
repealing and replacing the Collier County Reclaimed Water System Ordinance,
Ordinance No. 98-37, as amended.
OBJECTIVE: Advertise a Public Hearing to consider the adoption of an Ordinance to replace
Ordinance No. 98-37, as amended.
CONSIDERATIONS: Ordinance No. 98-37, as amended, was adopted to ensure compliance
with Chapter 62-610, Florida Administrative Code, Reuse of Reclaimed Water and Land
Application. In the 15 years since Ordinance No. 98-37, as amended, was adopted, regulations
and standard practices pertaining to reclaimed water have changed. Florida Administrative
Code section 62-610 has been updated four times since 1998, changing requirements for items
such as reclaimed water minimum treatment requirements, setback distances, and approved uses
of reclaimed water. The North and South County Water Reclamation Facility operating permits
have been renewed and modified since 1998 resulting in changes such as additional monitoring
and reporting requirements, permitted capacity, and cross connection control. Repealing and
replacing Ordinance No. 98-37, as amended, will update the Ordinance; reflect current
regulations, practices, proposed revised standardized User Agreements and reflect the goals
provide in the Irrigation Quality (IQ) Water Policy.
If the Board authorizes advertising the proposed Ordinance (see Attachment 1), staff will seek its
approval, along with an updated IQ Water Policy (Attachment 2) and standard form revised User
Agreements (Attachments 3 and 4) at a future meeting. Approval of those items will ultimately
allow the IQ Water Program to operate consistently, provide standardized service levels, ensure
equitable allocation of the costs of service and meet compliance requirements.
A "snapshot" of some of the revisions to Ordinance No. 98-37, includes:
• 40 additional, deleted, or updated definitions;
• Updated regulatory requirements;
• References to associated topics such as the prohibition of cross connections and approved
uses for IQ Water;
• Updated construction specifications;
• Clarification on topics such as maintenance responsibility, access, and User Agreement
requirements;
• Revisions to reflect the goals of the IQ Water Policy;
• A clarification that rates will be charged per the Collier County Water-Sewer District
Uniform Billing, Operating, and Regulatory Standards Ordinance.
A memorandum summarizing the changes to the proposed Ordinance is attached as exhibit
number 5.
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The proposed Ordinance was presented to the Development Services Advisory Committee on
February 6, 2013, all questions were addressed, and no further action was recommended by the
committee.
LEGAL CONSIDERATIONS: Outside legal counsel with the law firm of Nabors Giblin &
Nickerson, P.A. assisted in the drafting of the proposed Ordinance, User Agreements and IQ
Policy documents. If the Board authorizes advertising the proposed Ordinance, staff will bring
back the Ordinance for the Board's further review and consideration. This item has been
reviewed and approved by the County Attorney's Office, is approved as to form and legality,
and requires a majority vote for approval. -SRT.
FISCAL IMPACT: The fiscal impact is associated with advertising, estimated at $500. Funds
are available in the Collier County Water-Sewer District Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio Governing
Board of the Collier County Water-Sewer District, authorizes staff to advertise an Ordinance
repealing and replacing Ordinance No. 98-37, as amended.
PREPARED BY: Danette Kinaszczuk, Irrigation Quality Manager, Wastewater Department
ATTACHMENTS:
1. Proposed Ordinance No. 2013-
2. 2013 IQ Water Policy
3. Major User Agreement
4. Basic User Agreement
5. Memo-Proposed IQ Water Ordinance
6. Ordinance No. 98-37
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.8.
Item Summary: Recommendation to advertise a public hearing to consider the adoption
of an Ordinance repealing and replacing the Collier County Reclaimed Water System Ordinance,
Ordinance No. 98-37, as amended.
Meeting Date: 5/28/2013
Prepared By
Name: Danette Kinaszczuk
Title: Manager-Irrigation Quality,Wastewater
5/14/2013 7:50:23 AM
Submitted by
Title: Manager-Irrigation Quality,Wastewater
Name:Danette Kinaszczuk
5/14/2013 7:50:24 AM
Approved By
Name:Joseph Bellone
Title: Manager-Utility Billing&Cust Serv.,Utilities F
Date: 5/14/2013 10:30:21 AM
Name:JacobsSusan
Title: Operations Analyst,Public Utilities
Date: 5/14/2013 10:47:38 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 5/14/2013 10:53:17 AM
Name:JohnssenBeth
Date: 5/14/2013 11:18:42 AM
Name: YilmazGeorge
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Title: Administrator, Public Utilities
Date: 5/14/2013 12:04:42 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/14/2013 4:46:57 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 5/15/2013 11:00:33 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/17/2013 11:10:09 AM
Name: OchsLeo
Title: County Manager
Date: 5/20/2013 6:20:58 PM
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ORDINANCE NO.2013-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, RELATING TO THE COLLIER COUNTY
WATER-SEWER DISTRICT'S IQ WATER SYSTEM,PROVIDING FOR TITLE
AND CITATION; PROVIDING FOR FINDINGS; PROVIDING FOR INTENT;
PROVIDING 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. 98-37, AS
AMENDED; PROVIDING FOR CONSTRUCTION AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 12, 1998, the Board of County Commissioners (Board) adopted
Ordinance No. 98-37, The Collier County Reclaimed Water System Ordinance, to govern policies,
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 y,
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 defmitions 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 minimum Allocation will be neither less than nor greater
than the amount calculated based on the irrigable pervious surface of the Applicant 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. Aft
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).
an
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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, defmitions, 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).
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 B for a list of existing Major Users and their calculated minimum IQ Water Allocations).
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
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).
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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 and after 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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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.
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.
•
(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.
C. 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
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and serviceable repair, but assumes no liability for any damage caused by the System that is beyond
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
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District.
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.
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SECTION TWENTY-TWO: PENALTIES.
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 day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER, FLORIDA, AND AS EX OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
By: By:
,Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
Approved as to form
and legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
MAJOR USERS
1 Audubon Golf& Country Club
2 Autumn Woods Community Association Inc.
3 Beachwalk Residents Association
4 Bermuda Greens
5 Calusa Bay
6 Collier County Facilities Management Department
7 Collier County Parks& Recreation Department
8 Collier's Reserve Country Club Inc.
9 Countryside Golf& Country Club
10 Foxfire Community Association of Collier County
11 Glades Golf& Country Club
12 Hibiscus Golf Club
13 Imperial Golf Club Inc.
14 LaPlaya Golf Club
15 Lakewood Country Club of Naples
16 Lakewood Community Services Inc.
17 Lely Resort Golf&Country Club
18 Lely Community Development District
19 Riviera Golf Club
20 Royal Palm Country Club of Naples Inc.
21 Tarpon Cove Community Association
22 Vineyards Development Corporation
23 Windstar on Naples Bay
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EXHIBIT B
MAJOR USERS AND CALCULATED MINIMUM IO WATER ALLOCATIONS
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Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is
made and entered into this day of , 20 by and between
whose mailing address is
(hereinafter
referred to as "User") and the Collier District Water-Sewer District (hereinafter referred to as
"District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on
20 and will be effective through , 20
RECITALS
WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater
disposal, conserving potable water sources, and 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; the District desires to use for itself and make available to the
public, IQ Water as an alternative water resource to be used for both irrigation and non
irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
between the involved parties to ensure that construction, operation, maintenance, and
monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.;
and,
WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-
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 10 Water System; and,
WHEREAS, the Board has also adopted an 1Q Water Policy, as it may be supplemented and
amended from time to time, which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies; and,
WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and
beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the
terms, conditions and responsibilities of this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals above are true and correct and are hereby incorporated into and
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made a part hereof.
2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO
THEM IN THE DISTRICT IQ WATER POLICY.
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. The User hereto represents
and warrants to the District that the Party or Parties identified herein as the User
constitute all persons or entities that are the record owners of the irrigable property
described in Exhibit "A," attached hereto (hereinafter referred to as the "Property").
4. On , 2013, the Board of County Commissioners (Board) adopted
Ordinance No. 2013- relating to the production, sale and delivery of IQ Water to
Users within the District for the benefit of both the Users and the District, among other
provisions.
Ordinance No. 2013- , to include all of its definitions, terms, conditions, obligations
and requirements, is hereby incorporated into this Agreement in its entirety by
reference.
5. IQ WATER POLICY. The Board of County Commissioners (Board) has also adopted an
IQ Water Policy (Policy), that may be supplemented and amended from time to
time, which delineates certain policies for providing IQ Water Service to include, but
not be limited to, definitions, levels of service, application of rates, and the provision
of service.
6. QUANTITY.
Bulk Service Customers: the User's Allocation is based on the combination of the
availability of the District's IQ Water and the IQ Water Application Rate for the
Property as described in Exhibit "A."The User's Allocation, which the District agrees to
make available, and the User agrees to accept based on the terms of this Agreement,
is calculated as million gallons per day (MGD). This Allocation constitutes the
minimum amount of IQ Water that the District agrees to provide to the User, subject to
all of the other terms and conditions as set out further in this Agreement.
Pressurized Service Customers: the User's anticipated usage is based on the IQ Water
Application Rate for the Irrigable Property described in Exhibit "A" and is calculated
as million gallons per day (MGD).
The District is not obligated to provide any additional IQ Water to the User beyond the
User's Allocation for the term of this Agreement. However, based upon IQ Water
availability, the District will use all reasonable efforts pursuant to the
terms of this Agreement to provide the User with additional
volumes of IQ Water beyond the User's Allocation to approximate the
historic volumes delivered to the User. Delivery of this additional IQ Water at any
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time does not grant the User with an increase to its Allocation under this Agreement.
No Allocations will exceed the amount as is determined by the availability of the IQ
Water.
If the User is desirous of limiting the amount of IQ Water received to a specific volume
less than or only equal to the Allocation amount, the User must file a request in writing
to the District. Modifications to this request may only be made once per calendar year.
The District agrees that it will provide the User with its Allocation of IQ Water instead of
the deep injection of IQ Water (including charging aquifer storage and recovery wells);
except for reclaimed water needed for water reclamation facility treatment processes,
injection well testing,flushing and other regulatory requirements or as it may be deemed
necessary by the District to do so from time to time in order to protect the Public's
health and safety.
For purposes of this Agreement, each day equals a twenty-four (24) hour period, which
begins at midnight, 12:00 a.m. The District retains the right and sole discretion with
respect to delivery times to the Users.
7. TERM. The User agrees to receive from the District, IQ Water for approved uses for a
minimum term of five (5) years from the effective date of this Agreement (or for such
other initial term as may be determined by the District to provide for the expiration of
the first five-year term of this Agreement to coincide with the expiration of all other
initial five-year Major User Agreements), and which may be renewed for successive five
(5) year terms upon the mutual agreement of both Parties. Within no less than one
hundred eighty (180) days and no more than three hundred sixty five (365) days from
the end of the initial five (5) year term or the then-current five (5)year term,the Parties
will meet and discuss the terms and conditions for entering into a new Agreement,
which will reflect all of the terms and provisions then being incorporated into like
District Major User Agreements. If revisions to the then current standardized
Agreement are required, then the User may elect to not enter into a new Agreement
with the District at its discretion. If revisions are not required to the then-current
standardized Agreement or the Special Provisions, then that Agreement shall
automatically renew for a new five year term.
8. IQ WATER DEFINITION. 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.
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9. POINT OF DELIVERY (POD). The POD is as defined in Ordinance No. 2013- and
located at:
and
further identified in Exhibit "B."
In the event that an existing Point of Delivery (POD) is being relocated and the District
will be relinquishing ownership and maintenance responsibility of any facilities, the
District agrees to provide to the User of any such conveyed facilities, a 5-year warranty
as developed and agreed to by the District and the relevant Users in conjunction with the
documents for the transfer of the District Facilities to the User, to offset any expenses
that the User may incur as the result of the permanent assumption of the ownership and
maintenance of the conveyed facilities, whereby the District will agree to repair any
facilities conveyed to the User that break down or otherwise fail to function as intended,
when the cause of the failure cannot be directly attributed to an act or acts caused solely
by the User or its agents, and provide the User all District easements necessary for the
User's maintenance of the conveyed facilities.
10.DELIVERY OF IQ WATER. All IQ Water delivered to User will meet applicable state,
federal and local requirements at the District's Compliance Points. The District will not
provide any additional wastewater treatment to the IQ Water beyond the compliance
points located at the water reclamation facilities. No warranties or guarantees are
made by the District with respect to IQ Water characteristics after its discharge from
the water reclamation facilities. The District will not be held liable for any damage or
harm to persons, property or vegetation resulting from the application of District IQ
Water by the User.
11.METERS. All connections to the IQ Water system shall be metered in accordance with
Ordinance No. 2001-73, as amended.
12.DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the Special Provisions paragraph in this
Agreement to the contrary, the District shall own and be responsible for all repairs and
associated costs of operating the IQ water system up to the POD.
13.DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to
the extent, if any, clearly and expressly specified in the Special Provisions
paragraph in this Agreement to the contrary, the District shall NOT own, operate, or
maintain the IQ water distribution system and shall not be deemed to be in
possession or control of the IQ water distribution system downstream of the POD.
14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT
own, operate, maintain or change or modify any part of the District's infrastructure.
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However, the User is responsible for landscape maintenance such as mowing and
tree trimming around the District owned infrastructure on the User's property.
15.USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the special provisions paragraph in this
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 as outlined in Ordinance No. 2013-
,
All User-owned pump stations must be equipped to automatically shut down due to
low pressure or lack of flow. The District shall not be liable for User equipment failure
or any damage due to low pressure or lack of flow.
The User shall post IQ Water advisory signs as described in Section 62-610.468 F.A.C.
Residential, industrial, and commercial users shall post, maintain, and replace signage at
all community/facility entrances, storage facilities, and water features. Golf courses shall
post, maintain, and replace signage at the storage facilities, water features, and either at
the first and the tenth tee or on score cards, at the User's option.
16. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR IQ WATER FACILITIES TO DISTRICT.
Upon the request from the District, t h e User, its successors and/or assigns, shall
convey to District any and all utility and/or access easements necessary for IQ water
distribution on their premises, at no cost to the District. All such documents shall be
prepared, reviewed and processed in accordance with the provisions of Ordinance
No. 2004-31, as amended, Ordinance No. 2013- and recorded as set forth herein.
17. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The
User shall ensure that the User's employees, contractors, agents, residents, and
invitees are informed about the importance of water conservation by implementing
an educational program.
18. INDEMNIFICATION AND HOLD HARMLESS.
( i ) Upon a finding through a production of competent evidence that: (a) the District has
not placed anything either into or onto the User's property without the User's written
consent, and (b) the User is responsible for injury to persons on, or damages to the
property of the District, the User indemnifies and holds the District harmless from and
against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused
or incurred as the result of the negligence, omissions or willful acts of the User, its agents,
employees, residents, guests, or invitees, whose acts or omissions for which the District
may be held liable during the District's performance of this Agreement; to specifically
include any cross connections made by the User, including, but not limited to: between
potable water, IQ water, surficial water and any other additional or supplemental water
sources. User acknowledges that IQ water, due to its chemical composition, may not be
with the Users' irrigation of certain susceptible vegetation. User agrees that
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District will not be held liable for any damages that may occur to vegetation or for any
other damages that may occur due to the use of IQ water by the User provided that the
quality of the IQ Water that is delivered to the User meets all applicable state,federal and
local requirements at the District's Compliance Points.
(ii) Upon a finding through the production of competent evidence that: (a) the User has
not placed anything either into or onto the District's property or the District's easements
for its reuse water delivery system without the District's written consent and the
placement caused the alleged damage, and (b) the District is responsible for injury to
persons on, or damages to the residential or commercial property of the User as the
result of the negligence, omissions or willful acts of the District's employees, agents or
other entities otherwise engaged by the District to develop, install, operate, manage or
maintain the District's reuse water system on the User's property; the District, expressly
without waiving any of its rights to sovereign immunity, and then only to the extent
permitted by Florida law, in particular, Section 768.28, Florida Statutes, hereby
indemnifies and holds the User harmless from and against all liabilities, claims, damages,
expenses, or actions, either at law or equity, caused or incurred as the result of the
negligence, omissions or willful acts of the District, its agents, employees, residents,
guests, or invitees, whose acts or omissions for which the User may be held liable during
the User's performance of this Agreement. The District will not be held liable for any
consequential damages as the result of its lawful activities in providing IQ Water to any
Users.
(iii) For the purpose of both provisions (i) and (ii) above, if the Parties cannot resolve any
dispute between them with their own representatives, formal mediation with a Florida
Certified Mediator shall be held by the Parties with each party bearing one-half (1/2) of the
expenses of the Mediator selected by and acceptable to both Parties. If mediation
between the Parties is unsuccessful, both Parties may avail themselves of all other
available remedies at law and in equity.
19. CROSS CONNECTIONS PROHIBITED.
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. 1997-33,as amended.
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 operate the private system of any User receiving IQ Water for the
purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will immediately
suspend IQ Water service pursuant to the provisions of Collier County Ordinance No.
2013- . The District will provide a verbal notification to the User, followed by a
detailed written notice as soon as practicable. IQ Water service will only be reinstated
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upon: (a) the removal of the cross connection together with any
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 Collier County
Ordinance No. 2013___ 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. The User will be responsible for all costs incurred by the District and the
User resulting from the cross connection. These costs include 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.
The User shall provide results of cross connection inspections performed upon initial
connection to the District's System and take all reasonable precautions to prevent any
cross connections while making repairs or extensions to the User's irrigation system.
The User must provide the results of a cross connection inspection performed at
each internal service connection prior to each future Agreement renewal. At the end
of the five year term, one hundred percent of all potable and IQ Water service
.A
connections shall have been inspected. The results of the cross connection
inspections must be submitted to the District by the User within thirty days of
inspection. At the time of the Agreement Renewal, the User is required to submit
cross connection inspections. The service connections that require
inspections are listed in Exhibit "C." Additional cross connections inspections may be
required as determined by the District when additional service connections are
made or cross connections are found
20. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the IQ
Water, the District shall charge and User shall pay the rates and charges as defined
in Ordinance No. 2001-73.
The User is receiving Service under this Agreement.
A. Bulk Service will be billed by the District as being the greater of either: i) the daily
Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the
actual IQ Water delivered as metered at the User's POD.
Additional usage above the Allocation amount will be billed per published and
prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk
Service, the Allocation as billed for the respective billing period shall be equivalent to
a meter availability charge.
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B. Pressurized Service will be billed by the District as the actual metered IQ Water
delivered at the User's POD in addition to the service availability charge. Users with
Pressurized Service may be subject to future conservation rates.
21. BILLING. Subject to terms and conditions of this Agreement, the District shall invoice
the User for services on a monthly basis in accordance with Ordinance No. 2001-73,
as amended, billing cycle meter readings, calculated charges, and other applicable
rates, fees, and charges. The invoice shall include the billing period of service, the
amount of IQ water service flows for each billing cycle, the total dollar and cents
amount of the invoice, the amount of any credit applicable to said invoice whether
by payment or otherwise, the due date, and contact telephone number for any
questions regarding the invoice.
22. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknowledges and
agrees that in the event that any fees, rates, or charges for the IQ Water Service
and facilities provided for under this Agreement are not paid and become delinquent,
any unpaid balance and all interest accruing thereon shall constitute a lien on the User's
property pursuant to Section 10 of Ch. 2003-353, Laws of Florida, the "Collier County
Water-Sewer District Special Act" (the "Act").
23. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this
Paragraph 23, the User shall notify any of those District representatives set forth
herein and request that the supply of IQ Water temporarily cease. Such notice shall be
made in writing where circumstances permit (an electronic writing is acceptable), and
in the event of an immediate emergency, such notice may be by telephone with
subsequent written confirmation. Emergencies shall include, but not be limited to, the
following:
(a) Climatic conditions such as hurricanes, floods, or unseasonably excessive
rainfall that makes it impossible for User to accept IQ Water.
(b) Short term equipment or material failure, making it impossible for User to
store or distribute the IQ Water.
(c) An act of God that makes it impossible for User to accept, store or distribute
the 1Q water.
24. DISTRICT EMERGENCY SITUATIONS. The District may temporarily cease IQ Water
Delivery in anticipation of a major storm event. This emergency situation shall not
relieve the User from payment for that period of time.
25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be
held liable by the User for failure to deliver IQ Water if certain situations preventing
delivery exist that are beyond the reasonable control of the District. Such situations
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include, but are not limited to,the following:
(a) Unavailability of I Q Water due to a loss or lack of influent to the water
reclamation facilities due to a collection system failure or a reduction of
wastewater influent flow beyond the anticipated low flow periods.
(b) Unavailability of I Q Water due to a process failure.
(c) Non-compliant IQ Water, making it unusable for approved uses.
(d) Equipment or material failure in the IQ Water delivery system, including storage
and pumping.
(e) IQ Water treatment facility repair or maintenance.
(f) An act of God that makes delivery of IQ Water by the District not feasible or
impossible.
(g) Unusual climatic conditions such as hurricanes, floods, or unseasonably
excessive rainfall that makes it not feasible or impossible for the District to
deliver IQ Water.
In the instance of Force Majeure or other situations limiting IQ Water availability,
the District has the right to interrupt service per District operating protocols. Users
directly impacted by a specific event; such as interruption of all Users downstream of
IQ Water main break will be interrupted as needed. In the event of limited IQ Water
availability, Bulk Users will be uniformly interrupted by a pro-rata percentage of their
Allocation.
26. NOTICES. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing sent electronically with a request for
confirmation or receipt, or by facsimile with automated confirmation of receipt; or
hand delivery by a private service; or by registered or certified United States mail,
return receipt requested, postage prepaid; or personal delivery addressed as follows:
USER: DISTRICT:
Wastewater Director
4370 Mercantile Avenue
Naples, FL 3401
With copies to:
Office of the Collier County Attorney
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3299 Tamiami Trail E., Suite 800
Naples, FL 34112
The addressees, addresses and numbers for the purpose of this section may be revised
by either Party by giving written notice of such change to the other party in any of the
manners provided herein. For the purpose of changing such addressees, addresses and
numbers only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all purposes.
Notice given in accordance with the provisions of this section shall be deemed to be delivered
and effective upon receipt of an automated fax confirmation; or on the fifth day after the
certified or registered mail has been postmarked; or receipt of personal delivery; or
delivery with an overnight courier or on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal service as not delivered as the
case may be, if mailed.
27. NOTIFICATION IN EVENT OF EMERGENCY. The User's representative who shall be
notified in the event of an emergency or District's inability to deliver IQ water are:
NAME, PHONE, EMAIL ADDRESS;
The District shall attempt User notification by telephone or email stating the nature of
the emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to provide
written notification to the District of a change in representative. User may change its
representative by providing written notice to District to become effective upon
acknowledgement by District.
The District representatives who shall be notified in the event of an emergency are:
Irrigation Quality Manger, (239) 252-6284;AND On Call Wastewater Department,
(239) 252-2600
28. USE OF IQ WATER. (i) The User hereby affirms that it has read, understands and will
fully comply with the terms, conditions, requirements and obligations of Ordinance
No. 2013- for the receipt of District IQ Water; and (ii) the User shall accept the IQ
Water delivered by the District and use it only for approved uses on the User's
Property pursuant to all applicable local,State, and Federal regulations.
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29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE.
(i) This Agreement will be governed for its term by the provisions of
Collier County Ordinance No. 2013-____ as adopted on
2013.
(ii) During the term of this Agreement, if there are any amendments,
revisions or changes made to any relevant provisions of federal, state or
other local laws, rules or regulations that negatively affect either of the
Parties' ability to perform its respective duties or obligations, or obtain
the reasonably backed financial benefits expected under this Agreement,
then within ninety (90) days following the final adoption of such new law,
rule or regulation, the Parties will meet and conduct good faith
discussions and negotiations with respect to resolving the effected Party's
adverse impact to include a mutually agreeable termination of the
Agreement, if warranted.
(iii) If for any reason during the term of this Agreement, any State or Federal
governments or agencies shall fail to issue necessary permits, grant necessary
approvals, or shall adopt any laws or rules that will require any change in the
operation of the treatment, transmission, and distribution systems or the
application and use of ICI water, then to the extent that such requirements shall
Ask
affect the ability of any Party to perform any of the terms of this Agreement, the
affected Party shall be excused from the performance thereof and the Parties
hereto in conformity with such permits, approvals, or requirements shall negotiate
a new Agreement if practicable.
(iv) However, nothing shall require User or District to accept any new or
renewal agreement if it substantially adds to the District's or the User's obligations
or responsibilities duties, obligations,and expenditures hereunder.
30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non-
defaulting party shall provide the defaulting party written notice of the default. The
defaulting party shall be given a minimum of thirty (30) days or such other reasonable
time period (if the default cannot be cured in thirty (30 ) days) to cure the default. If
the default is not timely cured, the non-defaulting party may notify the defaulting
party in writing that it has elected to terminate this Agreement. In the event that
there is default under this Agreement that could result in immediate harm to the
Public's health or safety, the non-defaulting party may immediately suspend its
performance under this Agreement to include the immediate suspension of the
delivery of ICI Water if the non-defaulting Party is the District, by providing the
defaulting Party with telephonic notice of such suspension followed up by written
notice. Any such suspension shall continue until such time as the default is cured or
the Agreement has been terminated.
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31. ACCESS. User consents to the reasonable entry by the District upon the User's
Property as provided for by Ordinance No. 2013-
32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the
identified Parties hereto, and their successors in interest, or assigns, and no right or
cause of action shall accrue upon or by reason hereof,to or for the benefit of any third
party not a Party hereto.
33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this
Agreement is invalid or unenforceable, such invalidity or unenforceability shall not
affect the other parts of this Agreement if the rights and obligations of the Parties
contained therein are not materially prejudiced and if the intentions of the Parties
can continue to be effected. To that end,this Agreement is declared severable.
34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for
granting, assuring, indicating, denying, refusing to grant or preventing any future
grant of land use zoning approval, permissions, variances, special exceptions or any
other rights with respect to the real property in the approved uses area, so long as
those approvals do not render this Agreement null and void, and/or negatively impact
the IQ use by the User.
35. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of
Florida, Florida Administrative Code, Collier County Ordinances, and the IQ Water
Policy, as they may be amended or replaced from time to time.
36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by
User to assign or otherwise transfer this Agreement off the Property shall be deemed
to be null and void.
37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their
successors and assignees.
38. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be
executed in accordance with Florida Statutes to allow for it to be recorded in the Public
Records of Collier County, Florida, at the District's cost, and shall thereby run with the
land. Any easement granted by the User and any successor and/or assigns, or any
termination issued hereunder, shall also be recorded in the Public Records of Collier
County, Florida.
The User shall have the right to sell, transfer, or encumber the Property, except that
written notice of any proposed sale or transfer must be given to the District, as
provided for herein, at least thirty (30) days prior to sale or transfer. So long as
use of the property shall substantially continue to be for the purposes intended by
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this Agreement, any subsequent party shall be obligated under the same terms and Agook
conditions of this Agreement unless modified by written agreement between the
District and any successor and/or assigns. At the first five (5) year renewal period
after such sale, transfer, or encumbrance, the Agreement must be renewed with the
successor and/or assigns, or IQ Water service will be discontinued.
39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter referenced herein. Any amendment hereto
shall be in writing duly executed with the same formalities as this Agreement by the
Parties hereto, or their successors in interest to the Property. Each amendment shall
clearly and specifically refer to this Agreement by title and date.
40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any
are applicable.
41. EXHIBITS. See attachments.
Witnesses: AS TO USER:
Witness (Signature)
Name:
[USER NAME]
Witness (Signature)
Name:
Witness (Signature)
Name:
[USER NAME] —If a co-owner
Witness (Signature)
Name:
Page 13 of 19
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STATE OF COUNTY OF
The foregoing Major User Agreement for Delivery and Reuse of IQ Water was
acknowledged before me this day of , 2013, by
[USER], [and [CO-USER] who is(are) personally known to me or who has(ve) produced
[type of identification] as identification.
(affix notarial seal)
NOTARY PUBLIC
Print: Serial #:_ My Commission Expires:
Page 14 of 19
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AS TO THE DISTRICT:
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF DISTRICT COMMISSIONER, COLLIER
DISTRICT, FLORIDA,AS THE GOVERNING BODY
By: OF COLLIER DISTRICT AND EX-OFFICIO THE
, DEPUTY CLERK GOVERNING BOARD OF THE COLLIER DISTRICT
WATER-SEWER DISTRICT
By:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Approved as to form and legal sufficiency:
Scott R. Teach
Deputy Collier County Attorney
Page 15 of 19
6-,
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EXHIBIT A
Property Description
�r1k�- Rf+F ,m iwr� I` 5'.r .t `wk.I�,4 To 6�h5 4 d�°j v 9,, r M1d '�'�:
of � _ _. .�x 9:c ti :1"::-0 �u''y: 1,
tyy rh•
'$! i T <. �Th. •... _ key Vr.c n
3°��hYi. 2W� li *d'l'-` Iii, SA,, $ w` =-t v
.
t'r � v� 2.. 4, '"7. ;,-,?2, .__ •`c';r. aka'
.. m}r k .4 f'.7---,,,,----- M
�'I,.. p"m`+F.. - y�y11 t Wi, k w ,,..- y-'tr-- . ..
�` t„,,,,&,-, iii(.. °m_ S.,Jrg c;-u�,"� ...s M'. - .r
Page 16 0119 0
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EXHIBIT B
Point of Delivery
it
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EXHIBIT C
Cross Connection Inspections Required
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EXHIBIT D
Special Provisions
tomoor
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GO leer GOUnty
Public Utilities Division
Wastewater
Basic User Application&Agreement for Delivery and Reuse of IQ Water
1. Property&Customer Information
Property Owner Name: Date:
Mailing Address: Phone Number:
Service Address: Email Address:
Section Township Range Folio(Parcel) Number:
Total Property Acres: Acres irrigated by IQ Water only:
2. Irrigation Information
Total Number of Zones:
Total Number of Zones in Gallons per Minute
Zone 1= Zone 6= Zone 11=
Zone 2= Zone 7 = Zone 12=
Zone 3= Zone 8= Zone 13=
Zone 4= Zone 9 = Zone 14=
Zone 5= Zone 10= Zone 15=
Maximum number of zones running at once =
3. Do you have a backflow prevention device installed on your potable (drinking)water line?
Yes No Unknown
4. For what purpose are you using IQ Water? Please select all that apply.
Golf Course Irrigation
Common Area Irrigation (i.e. condo associations, parks,schools, medians)
Single Family Home landscape irrigation
Cooling Tower
Other, please specify
5. How many total individual dwelling units will this serve? Please enter a number or N/A. A single family home =
1, a condo with 20 units=20
Single family home(s) including condos,townhomes, and apartments that use IQ water for irrigation of common
areas
N/A-no residential
6. What is your estimated average and maximum IQ Water usage in gallons per day?
Wastewater Department•Irrigation Quality Wa' """' Ave..Naples,Florida 34104.239-252-6284
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I. , (property owner) have read, understand, and shall abide Collier County Ordinance,
No. 2013- as amended; Collier County Ordinance No. 1997-33, as amended; the Federal, State, and local laws,
rules, and regulations that regulate the use of IQ Water.
Amok
I understand that due to the composition of IQ water, it may not be suitable for the irrigation of certain susceptible
vegetation, and I agree that the District will not be held liable for damages that may occur to susceptible vegetation or
any damages that may occur due to the uses of IQ Water, and agree to defend and hold harmless the Collier County
Water-Sewer District (District) from all claims and judgments arising therefrom against the District by any person. It is
further agreed that submission of this application does not ensure IQ water delivery and the Owner further agrees that
the County shall not be liable to the Owner for any damages or expenses incurred by the Owner as a result of the
District's failure to deliver IQ Water.
It is further agreed that District employees or authorized agents shall have the right to enter the applicant's property
served by the District with IQ Water to inspect the IQ Water System, and shall have the right to discontinue IQ Water
service should any infraction exist.
Sign and return the completed application, an 8.5"X 11"drawing of property detailing desired meter location and the
Legal Property Description to: Reuse Manager,4370 Mercantile Ave, Naples, FL 34104
Printed Name: Signed: Date:
Frequently Asked Questions
1. Where can I find Ordinance Nos. 2013- and 1997-33, as amended? www.municode.com
2. Where can I find my Legal Property Description?On your deed which may be found at
www.collieraDoraiser.com
3. Where can I find applicable State laws regarding IQ/reclaimed water? www.deo.state.fl.us/water/reuse took
4. Where do I find billing information? www.colliergov.net
5. How do I report IQ water, potable water, or sewer issues? Call (239) 252-2600 for IQ water and wastewater
and (239) 252-6245 for potable water
6. What are irrigated acres? The acres that are irrigated,you can calculate irrigated acres by subtracting non
irrigated areas such as ponds, mulched areas,etc;from the site's pervious acres.
For District Use Only
Service Level: Bulk Pressurized Pressurized & Distributed
User Type: Major User Basic User
Base Charge: Allocation Based Meter Based Charge
Peak GPM for proposed system Minimum Meter Size Required
Existing Service Tap/Tap Fee$ Existing Customer
Meter Hang Fee$ Total Fees$
Approved by: Date:
Notes:
2
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Collier County
Water-Sewer District
Irrigation Quality (IQ) Water Policy
2013
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SECTION 1
MISSION STATEMENT 3
SECTION 2
INTRODUCTION 4
PURPOSE OF THE IQ WATER PROGRAM 4
VISION 5
SECTION 3
IQ WATER GUIDING PRINCIPLES 7
SECTION 4
DEFINITIONS 9
SECTION 5
IQ WATER POLICY 14
COMPLIANCE 14
IQ WATER SERVICE AREA 14
BENEFITS TO ALL DISTRICT CUSTOMERS 14
SEPARATE COST ACCOUNTING 15
GENERAL IQ WATER DELIVERY AND SERVICE PRIORITIZATION 15
EXISTING CUSTOMER IQ WATER DELIVERY AND SERVICE 16
FUTURE CUSTOMER IQ WATER DELIVERY AND SERVICE PRIORITIZATION 17
FAIR AND REASONABLE RATES 18
NON IRRIGATION USE OF IQ WATER 19
CONSERVATION 19
EDUCATION AND OUTREACH 20
OPERATIONAL GUIDELINES 20
SECTION 6
RECOMMENDATIONS AND CONSIDERATIONS FOR MASTER PLAN DEVELOPMENT 21
NEAR TERM(2013—2018) 21
LONG TERM(2018—2038) 22
CONSIDERATION FOR MASTER PLAN DEVELOPMENT 22
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SECTION 1
MISSION STATEMENT
The Collier County Water-Sewer District (District) is committed to preserving and
conserving valuable water resources by reusing a wastewater treatment by-product and
alternative water sources to meet the non potable water.needs of its customers in an
economic and environmentally sustainable manner.
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SECTION 2
INTRODUCTION
The District recognizes the need to conserve our limited high-quality freshwater supplies.
In addition to complying with Florida Statutes,the IQ Water Program has the potential to
meet the irrigation demand of the District thereby conserving our limited high quality
freshwater supplies for potable use. As the demand for water continues to grow,through
the addition of supplemental supplies and influent derived from population growth, the
IQ Water program has the potential to increasingly offset the use of potable water by
utilizing IQ Water for non-potable water uses such as irrigation, thereby providing
economic and environmental benefits.
The District's IQ Water program will continue to change as the population grows, IQ
Water supply increases, and as changes in law and technology occur. As a result, the
policies and assumptions of this IQ Water Policy (Policy) are expected to evolve as
technology, conservation methods, and additional alternative water sources become
available and viable.
References to Federal, State,and local rules and regulations are those in effect at the time
of the Policy adoption and may be amended or revised from time to time by their
respective legislative body,and are hereby incorporated herein by reference.
Purpose of the IQ Water Program
The District's strategy for developing and maintaining the IQ Water program can be
organized into the following categories:
Wastewater Management
IQ Water offers an environmentally sound manner for managing wastewater that
dramatically reduces environmental impacts associated with discharge of secondary
treated effluent. Section 403.064, F.S. encourages local governments to implement
reclaimed water reuse projects and places limitations on deep well injection and other
forms of effluent disposal. Rule 62-40.310 (d), F.A.C., establishes the mandatory reuse
program which requires water management districts to advocate and direct the reuse of
reclaimed water as an integral part of water and wastewater management programs.
Surface Water Management
The use of IQ Water, in conjunction with the Aquifer Storage and Recovery (ASR)
Program, contributes to surficial aquifer recharge, which supports wetlands, enhances
environmental quality, and promotes sustainable surface water management.
Additionally, the use of surface water captured during wet weather flows may reduce
nutrient pollution, improving local water quality.
Water Supply Management
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Reclaimed water is a key component of Florida's regional water supply plans for water
resource management. The 2010 Florida Legislature amended Section 373.709; Florida
Statutes to expressly include reuse utilities as participants in the Regional Water Supply
Planning process, (Ch. 2010-205, § 50, Laws of Fla.). Reclaimed water strategies in the
Lower West Coast Water Supply Plan include such measures as further development of
urban reclaimed water systems, reclaimed water system interconnections, and ASR for
storage and groundwater recharge. Reduced withdrawal of raw water through use of
reclaimed water will extend the lifetime and sustainable capacity of the District's potable
water supply, treatment, and distribution systems, thereby offsetting or delaying capital
and operating investment needed for the development of additional potable water
supplies,benefitting all District customers.
Education, Conservation,and Legacy
Weather and population are seasonal in Southwest Florida, resulting in exceptionally high
demand for and limited supply of reclaimed water during the dry season. Aquifer
replenishment is dependent on rain levels during the wet season, which can vary
significantly from year to year and in recent years, have been below average. Similar to
other and states such as California, Texas, and Arizona, the District recognizes the need
to find alternate methods to reduce the demand for all types of water. Educational
programs that encourage water conservation will raise awareness that water is a limited
resource, and by not conserving water we are in danger of limiting the potable water
availability for future generations.
Vision
The vision for the IQ Water Program after implementation of the IQ Water Master Plan
and additional availability of IQ Water may include some or all of the following
scenarios:
• An IQ Water System with sufficient supplementation by alternative water sources so
that all wastewater effluent is utilized throughout the year.
• The larger public properties in the District's service area are efficiently irrigated using
IQ Water. This includes governmental facilities,large parks,roadway medians,public
schools, and colleges,where logistically and economically feasible.
• Many private properties with large landscapes are also efficiently irrigated with IQ
Water, particularly where no permitted ground water sources are available, and the
site is logistically and economically feasible. This includes large commercial
complexes,churches,private schools,and golf courses.
• Alternative use of IQ Water, such as groundwater recharge, car washes, and cooling
towers,or other water intensive industrial uses.
• IQ Water used in new commercial buildings for a range of non-potable uses, such as
flushing toilets, decorative water features, and washing vehicles.
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• An ASR system that is charged by supplemental sources such as storm water and
reclaimed water.
Although it is feasible through existing technology to use IQ Water for potable uses, the
District's strategy does not incorporate this type of supplementation by 2037. A more
expansive use of IQ Water can be envisioned, however, this vision is realistic given
current assumptions about the evolution of Florida Department of Environmental
Protection (FDEP), South Florida Water Management District (SFWMD), and District
regulations,policies,and investment commitments.
IQ Water supply is based on wastewater influent and supplemental supplies and is
therefore a limited resource. Due to lack of availability, the vision does not include
distribution of IQ Water to every customer or street within•the District.Nonetheless, this
vision will require installation of IQ Water mains reaching many different areas within
the District that are not currently in place.
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SECTION 3
IQ WATER GUIDING PRINCIPLES
This Policy is intended to provide structure for the beneficial reuse of IQ Water by
ensuring the optimum utilization of the limited water resources. Not all water Reuse
applications have the same level of desirability. As encouraged by the Florida
Department of Environmental Protection (FDEP) in 62-610.100 (11)F.A.C. and noted in
the Reuse Work Group's Report for the Water Conservation Initiative, to increase the
efficiency and effectiveness of water reuse; Reuse applications having high potable
quality water offsets or high recharge fractions offer the greatest potential for water
conservation and wise water management. Therefore, the following guiding principles
shall assist the District in providing IQ Water to Users in a fair, economically and
environmentally sustainable manner. All User Agreements for Delivery and Reuse of IQ
Water shall be consistent with these principles.
• The District will create and maintain an IQ Water Master Plan to govern capital and
operating program elements.
• The District will establish a defined IQ Water System (System) Service Area in order
to effectively plan for the capital and operating needs and identify the customers to be
served.
• The System will benefit all District customers by prioritizing future Users, so that IQ
Water will be made available first to public facilities such as government facilities,
medians, schools,etc.
• All IQ Water facilities and infrastructure will be designed, built, operated, and
maintained in compliance with all applicable Federal, State, and local rules and
regulations.
• The District will financially account for the IQ Water Program by tracking operating
and capital revenues and expenditures of the System separately from operating and
capital revenues and expenditures of the Potable Water and Wastewater Systems.
• All future Users will be responsible for their allocable cost of extending and
connecting to the District's System.
• All Users will be responsible for their allocable cost of operating, maintaining, and
replacing the District's System.
• The District will establish and publish rates, fees, and charges that are reasonable,
fair, and adequate to recover the allocable costs of the System. Rates shall be
sufficient to recover system operation, maintenance, renewal, enhancement, and
replacement, debt service, and any other costs or requirements of the District and
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shall be distributed proportionately by level of service among the IQ Water Users
receiving service.
• The District will allocate a quantity of IQ Water to Major Users based on an IQ Water
Application Rate of up to one inch per week of irrigable acreage, expressed as an
annual average daily flow and availability.
• The District will promote conservation of IQ Water and provide for maximum
conservation of all water resources on a cost effective basis. To ensure conservation
of IQ Water, methods such as conservation rates and irrigation restrictions may be
established and applied when circumstances dictate and are adopted by the District
Board.
•
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SECTION 4-
DEFINITIONS
These are special usage definitions that may be used throughout this Policy document.
If a phrase or word is not defined,standard usage will apply.
Allocation shall mean the minimum amount of IQ Water allocated to a Major User
through an executed Major User Agreement. The minimum Allocation will be neither
less than or greater than the amount calculated based on the irrigable pervious surface of
the Applicant 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.
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 an 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
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designated Point of Delivery, and (1) 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 this 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
provides guidance 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 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 Policy; 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.
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.
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.
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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 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
Users 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
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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.
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.
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SECTION 5
•
I0 WATER POLICY
Compliance
This Policy is in compliance with all Federal, State,and local regulatory requirements.
IQ Water Service Area
The IQ Water Service Area will be contained within the District boundaries.
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 provider 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.
The IQ Water Master Plan will define the IQ Water Service Area in greater detail.
Benefits to all District Customers
All District customers receive the environmental benefit of ground water recharge that
result from use of IQ Water. It is the District's goal to utilize 100% of the effluent
derived from the wastewater treatment process as a principal source of IQ Water in order
to optimize the ground water resources.
• Potable Water Customers —In areas where municipalities or utilities are responsible
for the water supply and wastewater management, water use permits issued by the
water management district include restrictions on the quantities of water allowed to
be withdrawn. Using IQ Water for irrigation increases the amount of water supply
available for potable use. Additionally, the use of IQ Water for irrigation purposes
may delay capital investment that would otherwise be necessary to meet irrigation
demand using potable water and conserve high quality groundwater sources for
potable water uses.
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• Wastewater Customers—IQ Water is a direct by-product of the wastewater treatment
process that, if not reused, must be disposed of. Where reuse is determined to be
feasible, Section 403.064, F.S. restricts the use of effluent disposal systems (surface
water discharges, ocean outfalls, and deep well injection) to only being backup
disposal processes for reuse systems. Reuse of IQ Water is a sustainable disposal
method encouraged by Federal law and reduces operational costs associated with
deep well injection. It may also reduce long term capital costs associated with
alternative effluent disposal methods.
• IQ Water Users — The availability of IQ Water at a cost that is generally more
affordable than potable water provides a direct economic benefit to the User and
indirectly to all of the District customers.
Separate Cost Accounting
The costs associated with IQ Water operations will be identified separately from the costs
of potable water provision costs and from wastewater treatment costs. The IQ Water
operation costs shall include, but not be limited to, personnel services, utilities,
chemicals, repairs and maintenance, contractual services, and other related expenses. A
separate and distinct capital improvement program will be maintained for the IQ Water
System.
The separate cost accounting for IQ Water service allows for the establishment of
reasonable, cost based IQ Water rates. Based on the benefits obtained by all District
customers, the IQ Water program may be subsidized by other District revenues until IQ
Water Rates reflect the actual cost of providing IQ Water service.
The District shall charge and Users shall pay,the Board approved and published rates and
charges per Ordinance 2001-73, to support the production, availability, and distribution
of IQ Water. All rates, fees, and charges derived from the IQ Water System are
considered District operating revenues and which revenues are pledged for payment of all
of the District expenditures, including debt service attributable to capital project
financings for the District's Utility System.
General IQ Water Delivery and Service
In order to provide the maximum IQ Water benefit, IQ Water usage will be based on best
management and water conservation practices.
IQ Water Users shall be segregated into two customer classes: Major Users and Basic
Users. All Users connected to the System shall enter into a User Agreement with the
District.
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Basic Users do not have an assigned IQ Water Allocation and are expected to
independently manage their usage based on the IQ Water Application Rate. To encourage
usage to remain within the IQ Water Application Rate quantity, methods such as
irrigation restrictions and tiered conservation rates may be applied by the District to this
customer class.
Pressurized Users do not have an assigned IQ Water Allocation and are expected to
independently manage their usage based on the IQ Water Application Rate.To encourage
usage to remain within the IQ Water Application Rate quantity, methods such as
irrigation restrictions and tiered conservation rates may be applied by the District to this
customer class.
Major Users will be provided an Allocation of IQ Water by the District based on the IQ
Water Application Rate,and the availability of IQ Water.
The District will prioritize the Users receipt of all available IQ Water instead of deep
injection (including charging aquifer storage and recovery wells), except for reclaimed
water needed for water reclamation facility treatment processes, injection well testing,
other regulatory requirements, flushing, or as it may be deemed necessary by the District
to do so in order to protect the Public's health and safety.
All IQ Water delivered to a User,regardless of class, shall be metered.
wow
Service availability (connection to the IQ Water System) does not guarantee IQ Water
delivery and the District has the right to restrict or reduce service when necessary in order
to meet District needs.
The District, upon reasonable notice to the affected User, has the authority to impose
tiered conservation based rates and/or interrupt service to customers that use IQ Water in
excess of the Allocation or the IQ Water Application Rate of the respective User.
In the instance of Force Majeure or other situations beyond the District's reasonable
control that limit IQ Water availability, the District, upon reasonable notice to affected
Users,has the right to interrupt service per operating protocols.
Existing Customer IQ Water Delivery and Service
All Major User Agreements existing at the time of the adoption of this Policy must be
renewed to reflect the amended provisions in the Collier County Water-Sewer District IQ
Water Ordinance No. 2013-_ to include the use of a new standardized Major User
Agreement and in accordance with this Policy as approved by the Board. Upon renewal
or amendment, all User Agreements shall be consistent within each customer class and
shall be revised to reflect all of the terms and provisions then being incorporated in like
Agreements by the District for the Delivery and Reuse of IQ Water, unless terminated by
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either party. Due to IQ Water supply limitations, existing Allocations may be reduced
upon renewal or modification of existing Agreements per District operating protocols.
Upon reasonable notice to the affected Users,the District shall have the authority to limit,
prioritize, or interrupt IQ Water service at any time due to Force Majeure incidents or the
availability of IQ Water due to circumstances beyond the reasonable control of the
District.
Future Customer IQ Water Delivery and Service
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.
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.
Prior to the addition of any future Users based on IQ Water Availability, and at the
reasonable discretion of the District, Existing Major Users may be provided with the
opportunity to increase their Allocations on a pro-rata basis of up to the amount of one
inch (I") 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. To keep within the future User prioritization, any
increase for existing Users will be based on the amount of irrigable acres irrigated with
IQ Water in 2012.
Any substitution/offset credits earned by the User by utilizing IQ Water will be conveyed
to the District by the User receiving such credits.
Future Service Prioritization
The District shall prioritize its IQ Water service based on the following criteria: (a) the
effectiveness of the water reuse as recommended by the Water Conservation Initiative
Report; (b)the Applicant's ability to accept and store IQ Water; (c)the availability of IQ
Water; (d) the cost of District infrastructure installation and maintenance; (e) the
District's ability to monitor and control usage;(f)other relevant considerations.
The following priorities will be adhered to in determining the future delivery of available
IQ Water.
• Increasing Allocations to Existing Major Users up to the amount of one inch (1")
per acre per week, or the IQ Water Application Rate of the then recognized
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amount determined by the IQWAR utilization, in exchange for the User's water
use permit substitution or offset credits.
• IQ Water for use by Collier County facilities within the IQ Water Service Area
• currently utilizing potable or high quality water sources where it can be replaced
by IQ Water. Envisioned usage is for the following: irrigation for parks, libraries,
medians, schools, government campuses, and industrial cooling. Government
entities and public facilities will be given priority for IQ Water service as the cost
savings directly benefits all District customers. Use of IQ Water at Collier County
facilities also will serve to further educate the public about the value of IQ Water.
• IQ Water for use by potable water customers that are considered Major Users
located within the IQ Water Service Area and who will use the IQ Water as a
substitute for existing or future potable or high water use based on the quantity
and effectiveness of the IQ Water application. Applicants that are classified as
Major Users will be given priority over Basic Users due to the District's ability to
effectively manage IQ Water usage, minimize operating expenses and capital
costs.
Fair and Reasonable Rates
The Florida Legislature has recognized the benefits of Reuse, and has provided guidance
in how Reuse should be priced by the enactment of Section 367.0817(3), F.S. The
Legislature finds that Reuse benefits the water,wastewater, and IQ Water customers, that
all prudent costs of a reuse project shall be recovered in rates, and that a utility shall
recover the costs of a reuse project from the utility's water,wastewater or reuse customer
or any combination thereof as deemed appropriate. It also finds that IQ Water should be
priced as a commodity in order to recognize the costs and benefits of Reuse, while not
discouraging its reasonable use, or negatively impacting the utilities' ability to dispose of
its effluent.
IQ Water rates will continue to be established by a usage-based rate structure to
encourage the prudent use of the resource.
As deemed necessary, the District may from time-to-time and upon notice and hearing,
by adoption of an Ordinance or Resolution, initially adopt and/or revise rates, fees and/or
impose reasonable conservation usage rates, surcharges,or other rate application methods
charges to recover the allocable cost of providing IQ Water service, to encourage IQ
Water conservation, to allow for a broader distribution of the IQ Water benefit, and/or to
better manage the available amount of IQ Water. The District will recognize IQ Water
service levels in the design of such rates, fees and charges among the various service
levels.
To the extent then authorized by Ordinance or Board Resolution, the District shall have
the authority to impose a service availability fee, a connection charge, main extension
fee, meter setting fee, installation and inspection fees, allowance for funds prudently
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invested, and/or any other rates, fees and charges that will allow for the recovery of the
total cost of providing IQ Water service to Users. Such rates, fees and charges will be
based on standard and prudent cost recovery practices designed to recover the specific
costs of providing the IQ Water service.
There will be no free or preferential rate service provided to any Users unless specifically
provided for in a User Agreement or this Policy. Where applicable and feasible as
determined by the District, PODs for Existing Users will be relocated to the User's
property boundaries, equalizing maintenance benefits and costs to Users within the same
class and/or service level category.
In the event that an existing Point of Delivery (POD) is being relocated and the District
will be relinquishing ownership and maintenance responsibility of any facilities, the
District will provide to the User of any such conveyed facilities, a 5-year limited
maintenance warranty to offset any expenses that the User may incur as the result of the
permanent assumption of the ownership and maintenance of the conveyed facilities.
For accounting and rate study purposes the IQ Water System shall include, but not be
limited to,the following expenditures:
• The capital and operating expenses for IQ Water provision, transmission and
distribution systems, including District owned above ground reservoirs, storage
tanks, aquifer storage and recovery facilities, and metering facilities owned by the
District including the associated operation and maintenance costs of such
facilities, IQ Water telemetry, communications, and monitoring facilities. The
above-ground storage reservoirs located at the water reclamation facilities are
excluded.
• The capital and operating expenses for all pumping facilities and associated
infrastructure, all Supplemental Water Supply wells and/or surface water
withdrawal facilities and associated Supplemental Water Supply lines dedicated
to the System.
• Chemical costs associated with high level disinfection.Energy costs associated
with distribution including energy costs from water reclamation facilities above
energy costs associated with deep injection.
IQ Water purchased from the District shall be used only for the purposes specified in the
application for service or designated in the User Agreement. Users shall not re-sell or
otherwise dispose of IQ Water supplied by the District.
Non-Irrigation Use of IQ Water
IQ Water will not be utilized for any uses prohibited by any applicable laws, ordinances,
rules or regulations.
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oft
The District recognizes that portions of IQ Water may be used for environmental
mitigation purposes.
IQ Water may be used for limited industrial purposes, such as cooling towers as provided
for in the Florida Administrative Code at Section 62-610.
Allocations for non irrigation use of IQ Water will be determined at the discretion of the
District based on application specific criteria.
Conservation
Historically, IQ Water was regarded as a by-product of the wastewater treatment process
that required costly disposal. Today, IQ Water is a recognized and highly desirable water
resource which should be managed as such. Management practices such as conservation,
pricing,and program resource allocation will reflect the value of the resource.
All current User Agreements will be reviewed by District representatives and be modified
or renewed at their renewal periods or as necessary to encourage conservation. Such
modifications may include:
• Revised IQ Water Allocation criteria calculations per best management practices.
• Operational rain sensors.
• Requirement that sub-surface, drip and other conservation irrigation technologies
are employed, striving for optimum irrigation efficiency.
• Requirements for Florida Friendly landscaping.
• Irrigation restrictions by the District or other regulatory agencies.
Education and Outreach
The District will provide public information and an education campaign focused on water
conservation, regulations associated with the utilization of IQ Water, and cross
connection control. When practical, this program will operate as a cooperative venture
between the District, the incorporated areas of Collier County, the Institute of Food and
Agricultural Sciences(IFAS)Extension Office, SFWMD,and Rookery Bay.
Operational Guidelines
The District will plan for the development of regulatory-compliant and reliable public
infrastructure and capital resource management processes that will meet demand,
maintain the public trust through critical planning, operating procedures, and one-
hundred percent regulatory compliance.
The District strives to operate the IQ Water program in a manner that will allow
conservation of valuable water resources by utilizing IQ Water to meet the needs of its
customers in a cost effective, environmentally sustainable manner; including:
• Achieving and maintaining sustained compliance with available resources.
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• Proactive maintenance of infrastructure to achieve low risk of service
interruptions.
• Providing excellent customer service.
• Adhering to a good neighbor policy by ensuring all projects and activities are
respectful of the needs of abutting and surrounding neighborhoods for a safe,
clean,and non-disruptive environment.
• Operating in a manner set forth in the IQ Water/Reuse Section operating
protocols.
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SECTION 6
RECOMMENDATIONS AND CONSIDERATIONS FOR MASTER PLAN
DEVELOPMENT
To achieve the mission of conserving valuable water resources though an IQ Water
Program, the District shall develop an IQ Water Master Plan that encompasses
wastewater, water supply, and surface water management. Recommendations for the
Master Plan are summarized below.
Near Term (2013-2018)
Revise IQ Water Ordinance — Repeal Ordinance No. 98-37, as amended, and adopt
Ordinance No. 2013- ,the Collier County Water Sewer District IQ Water Ordinance,
to incorporate conservation measures,current regulations, standardized User Agreements,
and this standardized Policy. Included in this revision package is the standardization of
this Policy,Major User Agreements, and Basic User Agreements.
Revise User Agreements Every Five Years—Develop standardized User Agreements for
Major and Basic Users. At the time of Agreement renewal/revision, review average
demand and low flow/high demand period usage, incorporate conservation measures,best
management practices, IQ Water availability, and take into account the IQ Water user
prioritization as may be adopted by the Board.
Irrigation Ordinance Revision- Modify existing Ordinance 2002-17, as amended to
include option for restrictions on IQ Water.
Develop IQ Water Supply-Continue to aggressively pursue supplemental sources of IQ
Water, such as surface water, additional supplemental wellfields, and technical tools to
better manage the supply/demand IQ Water (e.g. ASR technology and supplemental
surface water sources) so that all effluent is utilized year round and irrigation demand is
met.
Relationship to Other Improvements-In certain instances, IQ Water projects can
conveniently be combined with other utility or road improvements utilizing a benefit-cost
framework. The District will consider incorporation of IQ Water projects into its routine
capital projects planning, including road improvement projects utilizing a best value
approach.
Rate Structure for IQ Water-The District will take under advisement that IQ Water rates
be increased periodically to reflect the recovery of all costs associated with the System to
the extent that the then existing rates do not take such costs into account. The rate
structure shall take into account the necessity to recover revenue for System construction,
operation and maintenance, and the need to provide an incentive to customers to use IQ
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Water while realizing associated benefits of the system. Where applicable, a conservation
rate structure may be developed to encourage IQ Water conservation.
Charges to Recover Costs Not Currently Covered by IQ Water Rates-It is recommended
that those IQ Water costs not currently being recovered from rates charged to IQ Water
Users continue to be met through a combination of wastewater fees and potable water
consumption fees charged to all customers of water and wastewater services until such
time that the IQ Water program is financially self sufficient. This is necessary and
appropriate based upon the broad public benefits associated with the IQ Water Program.
Conservation and Public Outreach Element-In conjunction with the University of
Florida's Institute of Food and Agricultural Sciences (IFAS), Florida Golf Course
Superintendents Association (FGCSA), SFWMD, FDEP, and Rookery Bay; build strong
conservation and education programs to reduce the dependency on both potable and IQ
Water. The District will lead by example by reducing landscape demands for irrigation
through alternatives to grass and an improved selection of trees, shrubs and other plants.
Long Term (2018-2038)
Water Availability- The long-term goal of the District is to increase the amount of IQ
Water available, at which time IQ Water may be delivered to water users that are
permitted to withdraw fresh groundwater for irrigation purposes. That user will then
utilize IQ Water in lieu of its fresh groundwater withdrawals, and in those cases where
the user holds a State issued water use permit for their water, the User Agreements shall
require the User convey any substitution or offset credits to the District for the duration
of the User Agreement.
Program Adaptation- In the long term, the District should continue to be innovative and
flexible with respect to the development and implementation of its IQ Water Program.
Substantial evolution will likely occur in IQ Water technology, regulations, and public
perceptions. The District should be prepared to adjust its policies and program
accordingly. It is recommended that this Policy be viewed as a living document and all
associated and subsequent documents be reviewed at least once every five years.
Modifications should be made as needed in response to experience gained, technology
improvements, and as opportunities present themselves.
Explore Options for Additional Uses-In the future, certain District customers that meet
additional criteria may be required to use IQ Water for high-volume irrigation or other
non-potable applications. Envisioned uses are cement plants, masonry work, flushing,
and industrial cooling.
Considerations for Master Plan Development
• Section 373.709, Florida Statutes, specifies the participants in the Regional Water
Supply Planning process. The 2010 Florida Legislature amended this section to also
expressly include reuse utilities and the FDEP. (Ch.2010-205, § 50,Laws of Fla.).
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• In Florida, water management district programs require that IQ Water must be used
when environmentally, technically, and economically feasible. Optimization of the
use and continued development of IQ Water should be implemented in order to meet
water supply needs.
• The use of IQ Water can serve as an important tool to offset harmful impacts from
water supply withdrawals as well as earn substitution or offset credits in the future.
Legislation from the 2012 Legislative Session now provides that if an entity that is
providing IQ Water to substitute for an existing fresh water withdrawal, it will receive
a substitution credit if it has a demonstrated need for the fresh water that is being
replaced with the IQ Water (Ch. 2012-150, Laws of Florida and Section 373.250(5)
and (8),F.S.
• IQ Water supplies are variable and relate to influent flows of domestic wastewater to
water reclamation facilities. Demand for IQ Water is also variable with characteristic
diurnal and seasonal peaks.
• Variations in IQ Water supply do not correspond with variations in water demand on
either a daily or seasonal basis, and these nonconforming variations present
substantial challenges to optimizing IQ Water supplies. A reuse utility must have an
adequate IQ Water supply to meet user's water demands during seasonal peak
demand periods. As the result, a reuse utility's user base is limited, among other
factors,to those users that can be served during low flow/high demand periods.
• Supplementation is a strategy that the District may use to extend its IQ Water supply
and serve additional customers throughout the year. This strategy can entail
supplementing IQ Water with a groundwater or surface water source, usually on a
seasonal basis, to increase the water available to meet peak demands. The
supplementation of IQ Water supplies in turn increases the number of customers that
can be reliably served, and the expanded customer base increases the beneficial use of
IQ Water on an annual average basis. Additionally, as more customers are able to
reliably use IQ Water,the overall demand for higher quality water supplies is reduced
on an annual average basis. In many cases, the use of supplemental water allows for
significantly more of the IQ Water to be used over the course of the year.
• Regulatory constraints on delivery and application of IQ Water may change over time
as technological advances in treatment or changes in law occur. Therefore,the Master
Plan should be flexible enough to respond to those changes.
• The District may create incentives or mandatory requirements such as mandatory use
zones that require customers meeting certain criteria use IQ Water for irrigation or
other suitable applications.
• The District's currently defined IQ Water Service Area may be extended, but it is
anticipated that environmentally sensitive areas will be excluded. Population densities
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may increase in currently developed areas and it is anticipated that they will remain
similar to their current layout and character.
• It is anticipated that the current economic base will substantially remain the same,
with tourism and retail commercial activity predominating. It is also anticipated that
industrial activity will remain only a minor component of the economic base.
• Existing parks and schools will likely remain in their current locations. Future parks
and school expansions will be based on population growth and demographics.
• Reuse activities are not all equally effective in conserving potable water sources or in
offsetting existing potable quality water use. Some existing IQ Water applications
provide less potable offset than others or may not serve to effectively recharge or
supplement water sources. If the less effective IQ Water applications could be
redirected to implement IQ Water applications that are more efficient from a water
conservation perspective, additional water conservation benefits could be realized.
• An IQ Water interconnect may be beneficial. Reuse system interconnects offer a
means to increase both the efficiency and reliability of reuse systems. When two or
more reuse systems are interconnected, there is additional flexibility present in
meeting the demand of the reuse system customers, as well as enhancing the
reliability of providing IQ Water for Reuse.
• The IQ Water Master Plan will need to strike a balance between additional IQ Water
availability as supplemental sources are developed and the population increases.
Timeframes for placing necessary distribution infrastructure in the designated areas,
as well as capitalizing on other road and utility projects,will need to be meticulously
planned as availability increases.
• The availability of IQ Water must not negate the need to conserve all sources of
water. Public outreach programs need to emphasize conservation of IQ Water as well
as all other water resources.
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Memorandum
Proposed IQ Water Ordinance
Background
IQ water refers to alternative water resources, other than potable water, which includes
wastewater that receives the regulatory required disinfection and treatment and
Supplemental Water Supplies, such as ground or surface water. IQ water is also
commonly referred to as reuse water, effluent water or reclaimed water.
As the result of several changes to federal and state laws, rules and operating
procedures for wastewater treatment facilities, the increased production of reclaimed
water over the past twenty (20) years, the varied uses of IQ water and changes in
projections with respect to IQ water availability, including new supplemental resources
being added and brought on-line in the future, staff is proposing a number of revisions
to the IQ Water Ordinance. Some of the proposed revisions include but are not limited
to:
1. An updated and more comprehensive schedule of definitions to compliment
revisions to the updated IQ water policy. The existing ordinance is referred
to as the Reclaimed Water System Ordinance rather than the IQ Water
Ordinance; the latter reference more accurately reflects a broader definition
of such alternative, non-potable water resources. Other terms more
specifically defined include "cross-connection," the "IQ Water Application
Rate" recommended by State's Water Management Districts, and other
such terminology used in the IQ water program.
2. The "findings" section of the proposed Ordinance incorporates references
to State statutes encouraging the promotion of water conservation and
Reuse water as State objectives. Further, it expressly references Florida
Administrative Code sections: (a) governing the legal relationship
required when a wastewater treatment plant permittee allows for IQ water
to be used on another person's property and (b) requiring the permittee to
have documentation of its controls on individual users of IQ water.
3. There are revised provisions for connection to and disconnection from the
District IQ Water System; as well as, enhanced and clarified provision for
cross connections being made from IQ water lines to the District's potable
water system.
4. Revised provisions for maintenance and ownership of facilities by the
Users and the District.
5. Further clarification regarding the District's supply and delivery of IQ water
to Users, including the conditions on which any future additional Users can
participate in the District's IQ Water System.
6. More expressly detailed meter and construction requirements, including
references to any Florida Administrative Code requirements.
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�1
ORDINANCE NO.98- 37 194
RECEIVED
Clerk
THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE; of Board
PROVIDING TITLE AND CITATION; PROVIDING FINDINGS,INTENT AND
DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIMED WATER ,
SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZING THE
COUNTY'S AUTHORITY TO ESTABLISH RATE,FEES AND CHARGES;
PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE
INTERRUPTIONS AND SERVICE APPLICATION REQUIREMENTS; METER
REQUIREMENTS; 'PROVIDING FOR CROSS-CONNECTION CONTROL AND
CONSTRUCTION SPECIFICATONS; PROVIDING FOR MAINTENANCE BY
CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL
INJECTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY
OWNERSHIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY
AND INDEMNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR
PERMITS; REQUIRING THAT EACH CUSTOMER CONSTRUCT ON-SITE
SYSTEM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the encouragement and promotion of water conservation and reuse
of reclaimed water are state objectives pursuant to Section 403.064 of the Florida
Statutes;and
WHEREAS,local governments may and are encouraged to implement programs
for the reuse of reclaimed water and allocate costs in a reasonable manner pursuant to
Section 403.064 of the Florida Statutes;and
WHEREAS,potable water is a valuable resource which should be conserved
particularly in coastal areas such as Collier County;and
WHEREAS,reclaimed water as defined by Florida Administrative Code,Rule
62-610.460 is a valuable water resource which can safely be used for irrigation and other
non-potable purposes thereby substantially contributing to the conservation of potable
water;and
WIIEREAS,Collier County has decided to establish and construct a reclaimed
water system which will make reuse water available in certain areas of the County for
irrigation purposes and other approved non-potable uses;and
WHEREAS,it is the desire of the Board of County Commissioners to establish
policies,procedures and conditions regarding the use of the reuse water system.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS,OF COLLIER COUNTY,FLORIDA,that;
SECTION ONE: TITLE AND CITATION.
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This ordinance shall be known as and may be cited as"The Collier County x i
Reclaimed Water System Ordinance."
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,SECTION TWO: FINDINGS.
The Board of County Commissioners hereby makes the following findings;
A. That Florida Administrative Code,Rule 62-610.491(C)requires that all reuse
water systems establish a Reuse Ordinance to detect and prevent occurrences that may be
detrimental to the reuse system or to the environment.
B. That the Collier County Water-Sewer District reclaimed 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.
C. That the establishment and maintenance of a reclaimed water system
ordinance is a condition of the County's wastewater operating permits issued by the
Florida Department of Environmental Protection to the Collier County Water-Sewer
District.
D. 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.
SECTION THREE: INTENT.
It is the intent of the County to make reclaimed water available for irrigation and
other authorized uses in certain areas of the County where the Board of County
Commissioners determines that the construction of a reclaimed water distribution system
is desired or requested by customers and that application is practical and economical.
The reclaimed water distribution system shall be constructed to provide service to
designated areas as determined by the Wastewater Master Plan and as approved by the
Board of County Commissioners.
AMOIN
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 word"shall"is always mandatory and not merely discretionary.
Approved Backflow Preventer shall mean a mechanical assembly that has been
approved to prevent backflow and back-siphonage to the County's potable water system
as now defined in County Ordinance No.97-33.
County shall mean Collier County,a political subdivision of the State of Florida,and
where the context requires or warrants,shall be limited to the Collier County Water-
Sewer District.
Cross-Connection shall mean any physical connection or arrangement either directly or
indirectly which would allow the movement of fluids between the County's public water
system and any other piping system such as the County's reuse water system.
Customer shall mean a homeowners association,condominium association or other
association with legal authority to make binding determinations on behalf of the
Association,its members,its unit owners,or the shareholders of such association,or an
owner of developed property.
Distribution Mains shall mean those conduits designed to be used,or actually used to
supply reuse water to service lines from transmission mains.
Division shall mean the Collier County Public Works Division.
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Public Works Administrator(also referred to as Administrator)shall mean the
individual responsible for the activities of the County Public Works Division.
Reuse shall mean the deliberate application or usage of reclaimed water.
Reclaimed Water Rate shall mean the rate in dollars and cents established by Ordinance
by the Board of County Commissioners.
Reclaimed Water shall mean wastewater that has received the treatment established by
the Florida Administrative Code,Rule 62-610.460,as secondary treatment and high level
disinfection prior to entering the reclaimed water system.
'transmission Mains shall mean those conduits designed to be used,or actually used to
supply reuse water from a reclamation facility to distribution mains.
Wastewater Director shall mean the individual responsible for the technical and
operational activities of the County Wastewater Department.
Water Director shall mean the individual responsible for the technical and operation
activities of the County Water Department.
SECTION FIVE: AVAILABILITY OF SERVICE.
The term"available"means that an operational reclaimed water distribution main
is located within two hundred(200)feet of the property to be serviced or,in the
alternative,that it is cost effective for the County to extend a reclaimed water distribution
main to within two hundred(200)feet of the subject property. Availability and cost
effectiveness shall be determined by the Wastewater Director.
SECTION SIX: CONNECTION TO SYSTEM.
General: Customers in designated service areas may connect to the reclaimed
water system when service is available and upon approval of a properly submitted
application,and compliance with all County requirements and Florida Administrative
Code, Rule 62-610,as amended. Connection to the system is voluntary. When service is
available,all customers that connect to the reclaimed water system will be charged the
monthly reclaimed water rate that has been established by Ordinance.
Hose Bibb Connections: Above ground hose bibb connections shall not be
present. Any hose bibb(spigot or other hand operated connection)shall comply with
Florida Administrative Code,Rule 62-610.469(2),as amended,and be inspected and
authorized by the County Public Works Division.
SECTION SEVEN: AUTHORITY TO ADOPT RATES,FEES AND CHARGES.
The Board of County Commissioners may by Resolution establish rates,fees and
charges for the reclaimed water system and to provide terms and conditions for the
payment and collection of same. Pursuant to the authority of section 403.064,Florida
Statutes, the County shall have the power to allocate the costs of the reclaimed water
system in a reasonable manner and to recover all or a portion of such costs in the rates
established.
SECTION EIGHT: DISCONTINUING SERVICE BY COUNTY.
The County may discontinue reclaimed water service to any customer due to
violation of any provision of this ordinance,County regulations,non-compliance with
Florida Administrative Code,Rule 62-610,non-payment of bills,for tampering with any
service,for cross-connection with any other water source,or for any reason that may be
detrimental to the system or to the environment.
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The County has the right to cease service until the condition is corrected and all costs due
to the County have been paid. 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. Should
discontinued service be turned on without authorization,the Division shall remove the
service and make such additional charges as are established by resolution or Ordinance,
or as incurred.
SECTION NINE: SERVICE INTERRUPTION.
A. The County may temporarily discontinue service to any portion of or the
entire reclaimed water system as deemed necessary by the Administrator or designee,or
as required by the Florida Department of Environmental Protection Regulations,as
amended.
B. During dry weather events,the reuse water demand may exceed the County's
Reclaimed Water Facilities capabilities.During these events,all reclaimed water
customers shall receive an equal percentage(%)of the agreed upon allotment.The
Administrator or designee shall determine the actual percentage.
SECTION TEN: SERVICE APPLICATION REQUIREMENTS.
A. No connection to the County reclaimed water system shall be permitted
without an executed written reuse agreement or application for that service.
B. Approval from the Florida Department of Environmental Protection shall
precede any connection to the reclaimed water system.
C. The application form shall provide that the customer consents to the entry by
the County upon the property described in said application,for the purpose of conducting
all inspections permitted or required by the Ordinance,and waiving a11 rights to receive
further notice from the County of inspections conducted pursuant to this Ordinance,and
indemnifies the County,its agents and employees from all claims,damages,judgments
and expenses(including attorney fees)incurred by the County as a direct result of the use
or discharge of reclaimed water by the customer in violation of any of the terms of this
Ordinance or applicable laws,rules on regulations.
D. The County shall inspect each property prior to connection to the reclaimed
water system. The inspection will include,but not be limited to,the following:
1) A review of the information in the completed application for service
form.
2) A review of all applicable construction specifications.
3) Across-connection review.
4) Such other matters,as the Administrator deems applicable.
E. No connection shall be permitted until the customer has an approved
backflow protection device on the potable connection and the device complies with
County Ordinance No.97-33,as amended or superseded.
F. All appurtenances and connections to the reclaimed water system shall be
inspected by the Division prior to the use of reclaimed water.
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SECTION ELEVEN: METER REQUIREMENTS.
Reclaimed water shall be supplied only through metered connections. The
developer shall determine the size and type required for each service and shall submit
verifying data to the Division. All meters two inches(2")in size and smaller shall be
installed by the County. All meters larger than two inches(2")in size shall be installed
by the developer after such installation is approved by the County.
SECTION TWELVE: CROSS-CONNECTION CONTROL.
A. On all properties where reclaimed water service is provided,the public or
private water supply shall be protected by an approved backflow protection device as
specified in County Ordinance No.97-33. No cross-connection shall be permitted. All
backflow protection devices and material installed for cross-connection control shall be
approved by the County Water Director,as amended or superseded.
B. To determine the presence of any potential hazards to the potable water
system,the County shall have the right to enter upon the premises of any customer
receiving reclaimed water.
C. In the event a cross-connection is found on the property being provided
reclaimed water service,the Public Works Division shall have the authority to
immediately and summarily discontinue reclaimed water service to said property without
any notice. Before resuming service,the customer shall make such corrections as may be
required by the Administrator and have the service re-inspected to ensure compliance
with County Ordinance No. 97-33,as amended or superseded.
SECTION THIRTEEN: CONSTRUCTION SPECIFICATIONS.
All reuse water connections shall meet the following specifications:
A. Prior to connection,all requirements of Florida Administrative Code,Rule
62-610,as then amended,shall be met.
B. All reclaimed water service assemblies and appurtenances shall be a minimum
of twelve inches(12")above final finished grade(or pad)to a maximum of thirty inches
(30")as measured from the lowest point of the assembly and a minimum side distance of
three feet(3')from any wall,fixed aperture,or landscaping.
C. Reclaimed water assemblies shall not be installed above final finished grade
in any type of vault unless such vault is constructed to allow at least thirty percent(30%)
of its side walls to be open or ventilated at the grade level These openings or vents shall
be unobstructed and of such size as to permit any water to freely pass through the
openings to the outside.
D. Fire hydrants shall not be installed on mains constructed within the County.
E. All pipes shall comply with County Utility Standards Ordinance No. 97-17,as
amended or superseded,and shall be the color of Pantone Purple 522C and be marked
with metallic tape that reads"Reclaimed Water".
F. All improvements shall require a construction permit and shall be constructed
by a licensed contractor.
O. Three(3)sets of plans and specifications shall be submitted with the permit
application.
H. Mains shall be a minimum four inches(4")in diameter.
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I. Service lines shall be as required by the property serviced,but shall in no case
be less that one inch(1")in diameter. Sizes of service lines required by the applicant are
subject to approval by the Water Director.
J. Mains in the public right-of way shall be located at uniform distance from the
curb with locations and separation distances per Division construction specifications and
Florida Department of Environmental Protection,Rule 62-610,as then amended.
K. If reclaimed water mains are to be conveyed to the County,the
customer shall submit such documents as are normally required for the dedication of
public facilities as specified in County Ordinance No. 97-17,as amended or superseded.
,SECTION FOURTEEN: MAINTENANCE BY CUSTOMER.
The property owner and/or customer shall be responsible for the maintenance of
all irrigation lines and appurtenances on their property beyond point of delivery. The
County may disconnect the service to any property in the event any part of the irrigation
system and appurtenances are not being maintained as required by Ordinance. In
addition,should the customer require reclaimed water at different pressures,different
quality,or in any way different from that which is normally supplied by the County,they
shall be responsible for the necessary devices for making these adjustments and obtaining
approval from the Public Works Division.
SECTION FIFTEEN: COUNTY MAINTENANCE.
A. All facilities that have been accepted by the County shall thereby become the
property of the County and will be operated and maintained by the County. No person
shall perform any,work,nor be reimbursed for any work on the system,without written
authorization from the Public Works Division prior to the work being commenced.
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B. The County shall make every effort to inspect and keep its facilities in good
repair,but assumes no liability for any damage caused by the system that is beyond the
control of normal maintenance,or due to situations not previously reported to the Public
Works Division. These situations shall include,but are not limited to,damage due to the
breakage of pipes,poor water quality due to unauthorized or illegal introduction of
foreign material into the system,or other reasons.
SECTION SIXTEEN: CHEMICAL INJECTIONS PROHIBITED.
All service connections are prohibited from adding chemicals to the irrigation
system after being connected to the reclaimed water system. Any users wishing to add
chemicals upstream of the point of delivery to the irrigation system shall prior thereto be
required to install an approved backflow protection device on the reclaimed water service
connection.
SECTION SEVENTEEN: PUBLIC EASEMENT.
No facilities will be installed and accepted by the County for maintenance unless
the facilities are in a dedicated public right-of-way or County utility easement. Any new
easement shall be adequately sized to accommodate construction and maintenance of all
reclaimed water system components. No obstruction of any kind shall be planted,built
or otherwise created within the limits of the easement or right-of-way without prior
written authorization for same from the Public Works Administrator.
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SECTION EIGHTEEN: OWNERSHIP BY COUNTY.
All reclaimed water facilities and appurtenances within dedicated County utility
easement,when constructed or accepted by the County,shall thereby become the
property of the County. No person shall,by payment of any charges provided herein or
by causing any construction of facilities accepted by the County,acquire any interest or
right in any of these facilities or in any portion thereof other than the privilege of having
their property connected thereto for reclaimed water service in accordance with this
Ordinance,as amended or superseded.
SECTION NINETEEN: INSPECTIONS.
A. In order to ascertain and insure compliance with the provisions of this
Ordinance and all regulations relating to reclaimed water,the County shall have the right
to inspect,secure and disconnect all facilities and devices wherever located which
connect to or control any discharge from the reclaimed water distribution system.
•
B. The denial of access to an authorized agent or employee of the County to any
property receiving reclaimed water for the purpose of conducting any inspection
permitted under this ordinance shall constitute a violation of this ordinance and shall be
grounds for the immediate discontinuance of reclaimed water service by the County to
the subject property.
SECTION TWENTY: LIABILITY AND INDEMNITY.
A. The County shall not be liable for any damages caused by the use of
reclaimed water provided the reclaimed water has been treated by the department to the
levels required by,applicable federal,state and local laws and regulations for irrigation of
lands with public access.
B. The County shall not be liable for any damages caused by a failure to deliver
or supply reclaimed water.
SECTION TWENTY ONE: EASEMENT DEDICATIONS.
•
This applicant shall dedicate land or perpetual easements on land for reclaimed water
transmission and distribution facilities as required to provide the reclaimed water service.
SECTION TWENTY TWO: PERMITS.
The applicant shall obtain and fulfill at its expense all the necessary permits,
licenses,conditions and approvals for the initial construction and operation of the on-site
reclaimed water irrigation facilities.
SECTION TWENTY THREE: CUSTOMER'S ON-SITE REUSE SYSTEM.
The applicant shall,at its expense,construct all necessary on-site reuse facilities
such as pipes,storage facilities,and spray or sprinkler facilities for the reuse of reclaimed
water. The applicant shall,at its expense,construct all necessary transmission mains,re-
pump stations and appurtenant improvements for transmitting reclaimed water from the
County transmission system to the applicant's site.
SECTION TWENTY FOUR: CONFLICT AND SEVERIBILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law,the more restrictive shall apply. 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 of this ordinance.
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SECTION TWENTY FIVE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this ordinance shall become and be made 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 SIX: EFFECTIVE DATE,
This Ordinance shall become effective upon receipt of notice that this Ordinance
has been filed with the Secretary of State and adoption of a Resolution setting forth the
rates,fees,or charges for services.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County,Florida,this.d.../day of ,*1 , 1998.
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ATTEST: i BOARD OF COUNTY,CO M ft.w t 4 t t tt ■.`
Dwight E.Brock,Clerk EX-OFFICIO THE OM/ER IN' G 3OMDiS'‘
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OF THE COLLIER'COUNTY- W}TER4 ��' �
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BY:
ty Clerk bare lit
1j. 'J bare B. :eify,-� `tlst _•
( This ordinance filed with thr
Secretory of St to"s Offi e t
Approved as to form and n day of edg , f
and ocknowlsdg men' f that
legal sufficiency: film. r a dyed this A daY
aON °f.d'' , , ! '' f
Thomas C.Palmer
Assistant County Attorney
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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 copy of:
ORDINANCE NO. 98-37 ,
Which was adopted by the Board of County Commissioners on the 12th day
of May, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of May, 1998.
DWIGHT E. BROCK ,,,,,. '',
Clerk of Courts and c.l:erk ,�i a
officio to Board of
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o ty,/`Commissioner ,.,;,,,I+"'"" _ c•_•d,',
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,By: rJoyce Nelson" c I ' `; .: �IF�'tr
ry't4 W■Deputy Clerk �y,• r „ -';f~.�Pt;'4,,;' s.
' }f ',.• nth
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