Chapter 134 - Utilities •
Chapter 134
UTILITIES*
Article I. In General
Secs. 134-1-134-25. Reserved.
Article II. Collier County Water-Sewer District IQ Water Ordinance
Sec. 134-26. Title and citation.
Sec. 134-27. Findings.
Sec. 134-28. Intent.
Sec. 134-29. Definitions.
Sec. 134-30. Connection to system.
Sec. 134-31. Discontinuing service by district.
Sec. 134-32. Annexation of district service areas into municipalities.
Sec. 134-33. Interrupted,discontinued, suspended and failure to deliver ser-
vice.
Sec. 134-34. Service requirements.
Sec. 134-35. Meter requirements.
Sec. 134-36. Cross-connections prohibited.
Sec. 134-37. Construction specifications.
Sec. 134-38. Maintenance by user.
Sec. 134-39. District maintenance.
Sec. 134-40. Additions of chemicals.
Sec. 134-41. Ownership by the district.
Sec. 134-42. User's IQ water system.
Sec. 134-43. Liability.
Sec. 134-44. Penalties.
Secs. 134-45-13-50. Reserved.
Article III. Utilities Standards and Procedures
Sec. 134-51. Findings and purpose.
Sec. 134-52. Title and citation.
Sec. 134-53. Applicability.
Sec. 134-54. Water and wastewater ordinances and resolutions.
Sec. 134-55. Service areas.
Sec. 134-56. Definitions and abbreviations.
Sec. 134-57. Policies and standards.
Sec. 134-58. Construction approval and document submissions.
Sec. 134-59. Construction observation and inspection.
Sec. 134-60. Utilities conveyance policies and procedures.
Sec. 134-61. Amendments.
Sec. 134-62. Penalties and enforcement.
Sec. 134-63. Effective date.
Sec. 134-64. Appendix A-Standard legal documents.
Secs. 134-65-134-85. Reserved.
Article IV. Water Systems
Division 1. Generally
Secs. 134-86-134-95. Reserved.
*Cross reference-Solid waste,ch. 118.
State law reference-General authority relative to utilities,F.S.§ 125.01(1)(k).
INIre
Supp.No.49 CD134:1
COLLIER COUNTY CODE
Division 2. Extensions Generally
Sec. 134-96. Generally.
Sec. 134-97. Developer installed lines.
Sec. 134-98. Turnover of lines and/or system.
Secs. 134-99-134-110. Reserved.
Division 3. Reserved
Secs. 134-111-134-120. Reserved.
Division 4. Cross-Connection Control/Backflow Prevention Regulations
Sec. 134-121. Title and citation.
Sec. 134-122. Findings.
Sec. 134-123. Definitions.
Sec. 134-124. Operation policy and requirements.
Sec. 134-125. Department responsibilities.
Sec. 134-126. Program responsibilities.
Sec. 134-127. Backflow prevention systems.
Sec. 134-128. Backflow prevention system design.
Sec. 134-129. Service and reporting.
Sec. 134-130. Technical implementation.
Sec. 134-131. Reserved.
Sec. 134-132. Termination of service.
Sec. 134-133. Penalties.
Sec. 134-134. Collection of fees,charges or rates.
Sec. 134-135. Reserved.
Article V. Sewage Systems
Division 1. Generally
Secs. 134-136-134-145. Reserved.
Division 2. Extensions
Sec. 134-146. Generally.
Sec. 134-147. Developer installed lines.
Sec. 134-148. Turnover of lines and/or system.
Secs. 134-149-134-170. Reserved.
Article VI. Water-Sewer District Uniform Billing,Operating and
Regulatory Standards
Division 1. District Rates Fees Charges and Regulations
Sec. 134-171. Definitions.
Sec. 134-172. Monthly rates,fees and charges.
Sec. 134-173. District rates,fees and charges other than monthly user fees.
Sec. 134-174. District regulation.
Sec. 134-175. Submetering.
Sec. 134-176. City of Naples service area.
Sec. 134-177. Appendices for rates,fees and charges.
Sec. 134-178. Penalties.
Sec. 134-179. Confidentiality.
Sec, 134-180. Declaration of exclusion from the Administrator Procedures Act.
Secs. 134-181-134-185. Reserved.
Lupp. No. 49 CD134:2
UTILITIES
Appendix A. Fees,Rates and Charges
Division 2. Collier County Water-Sewer District
Sec. 134-186. Provision of water,sewer,and reuse irrigation water within the
Collier County Water-Sewer District; applicability to special
purpose independent governments.
Secs. 134-187-134-200. Reserved.
Division 3. Reserved
Secs. 134-201-134-215. Reserved.
Division 4. Reserved
Secs. 134-216-134-225. Reserved.
Division 5. Reserved
Secs. 134-226-134-255. Reserved.
Division 6. Reserved
Secs. 134-256-134-258. Reserved.
Division 7. Reserved
Secs. 134-261-134-270. Reserved.
Division 8. Reserved
Secs. 134-271-134-275. Reserved.
Division 9. Reserved
Secs. 134-276-134-285. Reserved.
Division 10. Reserved
Secs. 134-286--134-310. Reserved.
Article VII. Stormwater Utility
Sec. 134-311. Title and citation.
Sec. 134-312. Definitions.
Sec. 134-313. Authority.
Sec. 134-314. Applicability.
Sec. 134-315. Governing board,powers and duties.
Sec. 134-316. Findings,purpose and declaration of benefit.
Sec. 134-317. Establishment of utility.
Sec. 134-318. Establishment of enterprise fund.
Sec. 134-319. Issuance of bonds.
Sec. 134-320. Development,implementation,and application of funding.
Sec. 134-321. Operating budget.
Sec. 134-322. Required levels of rates for fees and assessments.
Sec. 134-323. Imposition of fees.
Sec. 134-324. Establishing area of operation,benefit areas.
Sec. 134-325. Notice requirements.
Sec. 134-326. Assessments and utility fees.
Sec. 134-327. Credits against utility fees and assessments.
Supp. No.60 CD134:3
COLLIER COUNTY CODE
Sec. 134-328. Billing and payment of utility fees or assessments, penalties;
adjustments.
Sec. 134-329. Adjustment of utility fee and assessments;corrections.
Sec. 134-330. Creation of comprehensive stormwater management utility code.
Secs. 134-331-134-350. Reserved.
Article VIII. Water and Wastewater Utilities Regulatory Provisions
Sec. 134-351. Title;proceedings affecting substantial interests.
Sec. 134-352. Definitions.
Sec. 134-353. Collier County Water and Wastewater Authority; powers and
duties.
Sec. 134-354. Issuance of franchise certificates;certificates of exemption.
Sec. 134-355. Regulation of small utilities.
Sec. 134-356. Rates.
Sec. 134-356.1. Interim rates,procedure.
Sec. 134-357. Official date of filing.
Sec. 134-358. Miscellaneous provisions.
Sec. 134-359. Charges for service availability.
Sec. 134-360. Utility service.
Sec. 134-361. Service for resale.
Sec. 134-362. Regulatory fees.
Sec. 134-363. Application fees.
Sec. 134-364. Annual financial reporting requirement.
Sec. 134-365. Notice of public hearings.
Sec. 134-366. Conduct of public hearings.
Sec. 134-367. Board approval of preliminary orders of the authority.
Sec. 134-368. Powers of the board.
Sec. 134-369. Application for transfer of franchise certificate,facilities or con-
trol.
Sec. 134-370. Examination and testing of meters.
Sec. 134-371. Application for addition to service area.
Sec. 134-372. Application for deletion of service territory.
Sec. 134-373. Abandonment.
Sec. 134-374. Enforcement and penalty provisions.
Sec. 134-375. Revocation of franchise.
Sec. 134-376. Exemption of County utility systems.
Sec. 134-377. Compliance with other applicable regulations.
Sec. 134-378. Appellate review.
Sec. 134-379. Providing for the possibility of transfer of regulation to another
governmental agency.
Secs. 134-380-134-400. Reserved.
Article IX. Industrial Pretreatment
Sec. 134-401. Definitions and abbreviations.
Sec. 134-402. Scope of application of this article;rules and regulations.
Sec. 134-403. Reporting requirements.
Sec. 134-404. Monitoring and inspections.
Sec. 134-405. Violation and penalties.
Sec. 134-406. Confidentiality,public records law.
Sec. 134-407. Service charge and fees.
Sec. 134-408. Liberal construction;declaration of exclusions from the Adminis-
trative Procedures Act.
Sec. 134-409. Conflict and severability.
[The next page is CD134:7]
Supp.No.60 CD134:4
UTILITIES § 134-29
ARTICLE I. IN GENERAL reclamation facility permit application,
the applicant shall submit documentation
Secs. 134-1-134-25. Reserved. of controls on individual users of IQ Water
through detailed agreements or by local
ordinance.
ARTICLE II. COLLIER COUNTY
WATER-SEWER DISTRICT IQ WATER D. That the Collier County Water-Sewer Dis-
ORDINANCE* trict's (District's) IQ Water System meets
the criteria of a slow rate land application
Sec. 134-26. Title and citation. system with public access as defined by
Florida Administrative Code, Rule 62-
This Ordinance shall be known as and may be 610.450.
cited as"The Collier County Water-Sewer District
IQ Water Ordinance." E. That the establishment and maintenance
(Ord. No. 2013-48, § 1) of an IQ Water System Ordinance is re-
quired by Florida Administrative Code,
Sec. 134-27. Findings. Rule 62-610.469.
The Board of County Commissioners hereby F. The provisions of this Ordinance shall be
makes the following findings: liberally construed to effectively carry out
its purposes in the interest of public health,
A. That F.S. §§ 403.064(1) and 373.250(1), safety, welfare and convenience.
establish the encouragement and promo-
tion of water conservation and reuse of IQ G. References to Federal, State and local
Water as State objectives and that water rules and regulations are those then in
conservation and reuse are in the public effect at the time of the adoption of this
interest. Ordinance and which may be amended or
revised from time to time by the respec-
B. That F.A.C., Rule 62-610.320(1)(b) re- tive regulatory body and will be incorpo-
quires that when water reclamation facil- rated herein by reference upon their adop-
ity permittee reuses IQ Water or disposes tion.
of effluent using property owned by an- (Ord. No. 2013-48, § 2)
other party,a binding agreement between
the involved parties is required to ensure Sec. 134-28. Intent.
that construction,operation,maintenance,
and monitoring meet the requirements of It is the intent of the District to make IQ Water
Chapters 62-600, 62-620, and 62-610, available for irrigation and other authorized uses.
F.A.C. Such binding agreements are re- The IQ Water System(System)shall be developed
quired for all reuse or disposal sites not in accordance with the IQ Water Policy (Policy)
owned by the permittee. The permittee and the IQ Water Master Plan (Master Plan).
shall retain primary responsibility for en- (Ord. No. 2013-48, § 3)
suring compliance with all applicable re-
quirements of the Florida Administrative
Code for efficient disposal. Sec. 134-29. Definitions.
C. That F.A.C., Rule 62-610.491(1)(c) re- For purposes of this Ordinance,the definitions
quires that as part of the wastewater contained in this section shall apply unless oth-
erwise specifically stated.Words used in the pres-
*Editor's note—Ord. No. 2013-48, §§ 1-88 and 22, ad- ent tense include the future tense, words in the
opted June 25,2013,repealed the former Art.II,§§ 134-26— plural number include the singular, and words in
134-48,and enacted a new Art.II as set out herein.The former the singular include the plural.The words"shall,"
Art. II was entitled "Reclaimed Water System", and derived
from:Ord.No.98-37,§§1-19,21-23,adopted May 12,1998; "will," or "must" are always mandatory and not
and Ord. No.99-35,§ 1,adopted May 11,1999. merely discretionary.
Supp.No.49 CD134:7
134-29 COLLIER COUNTY CODE
Allocation shall mean the minimum amount of with minimum pressure, (c) agree to receive a IQ
IQ Water allocated to a Major User through an Water Allocation on an annualized daily basis
executed Major User Agreement. The Allocation throughout the calendar year, (d) provide IQ
will be based on availability and the IQ Water storage facilities on their property,(e)are respon-
Application Rate,expressed in million gallons per sible for their IQ Water system beyond the Dis-
day(MGD) and delivered over a twenty-four(24) trict's designated Point of Delivery, and (f) agree
hour period. to use IQ Water in lieu of potable water for
irrigation or other permitted uses.
Applicant shall mean any property owner or
owner's agent (written evidence is required of Collier County Water-Sewer District (District)
Designated Agent's/Officer's authority to execute shall mean the Independent Special District within
legal documents for property owner) person or Collier County that is defined by Special Act,
entity that is requesting IQ Water service from Chapter 2003-353, Laws of Florida; as such Act
the District for their use or on behalf of an IQ may be amended from time to time.
Water User and is authorized to enter into a
District User Agreement. Cross-Connection shall mean any physical ar-
rangement whereby the District's public water
Approved Backflow Preventer shall mean a system is connected, directly or indirectly, with
mechanical assembly that has been approved to any other water supply, sewer, drain, conduit,
prevent backflow and back-siphonage to the Dis- pool, storage reservoir, plumbing fixture,or other
trict's water systems including the IQ Water device which contains or may contain contami-
System. nated water, sewage or other wastes or liquids of
Available IQ Water shall mean an amount of IQ unknown or unsafe quality,which may be capable
Water, above and beyond the amount required to of imparting contamination to the public water
neet existing User demand during the low flow/ system,as the result of backflow.By-pass arrange
demand period, as determined by the Dis- ments, jumper connections, removable sections,
trict. swivel or changeable devices, or other temporary
or permanent devices, through which or because
Basic User shall mean an IQ Water User that of which, backflow could occur are considered to
uses less than 0.1 MGD of IQ Water expressed on be cross-connections unless otherwise specified
a twenty-four (24) hour flow basis. This classifi- within this Policy or other related District docu-
cation of User must enter into a Basic User ments.
Agreement. Basic Users may receive Pressurized Customer shall mean an IQ Water User that is
or Pressurized and Distributed service. physically connected to the IQ Water System and
Basic User Agreement (BUA) shall mean a has a real and present availability for service
written contractual agreement between the Dis- (Delivery of IQ Water) regardless of actual use,
trict and the Basic User through which the Basic and shall include both Basic and Major Users.
User agrees to abide by all rules and regulations
pertaining to IQ Water use.These agreements are FDEP shall mean the Florida Department of
required by the State per Section 62-610.320(1)(b), Environmental Protection.
F.A.C. Force Majeure shall include but not be limited
Board of County Commissioners of Collier to, acts of God, strikes, lockouts, or other Indus
County,Florida(Board)shall mean the governing trial disturbances,acts of any public enemy,wars,
body of Collier County as the ex officio Governing blockades, riots, acts of armed forces, epidemics,
Board of the Collier County Water Sewer District. delays by carriers,inability to obtain materials or
rights-of-way on reasonable terms, acts or fail-
Bulk Service shall mean a service level in ures to act by regulatory authorities, or the un-
which individually metered Users: (a) have a availability of necessary resources that are be-
Major User Agreement for Delivery and Reuse of yond the reasonable control of the District to
IQ Water,(b)receive service that may be provided provide IQ Water to Users.
Slipyupp.No. 49 CD134:8
UTILITIES § 134-29
IQ Water shall mean alternative water re- IQ Water Service Area shall mean the geo-
sources other than potable water, available to the graphic area within the District boundary where
District and shall include: (a) wastewater that IQ Water is or will be furnished in accordance
has received the treatment established by the with the prioritization and decision criteria in-
Florida Administrative Code, Rule 62-610.460, cluded in this Policy and subsequent master plan-
currently defined as wastewater that meets, at a ning.
minimum, secondary treatment and high-level
disinfection after disinfection and before dis- IQ Water System (System) shall mean all Dis-
charge to holding ponds or the IQ Water System; trict owned elements that function to convey and
and (b) Supplemental Water Supplies such as distribute IQ Water including all land and ease-
ground or surface water. IQ Water may also be ments, buildings and structures, transmission
referred to as reuse water, effluent water or and distribution pipes, reservoirs, supplemental
reclaimed water. water supply production and pumping facilities,
metering equipment, equipment and machinery,
IQ Water Application Rate(IQWAR)shall mean and other appurtenances necessary to provide IQ
the irrigation application rate generally recom-
mended by the Water Management Districts, and deep injection wells located at the Water Recla
adopted by the District, currently three-quarters mation Facilities used for wastewater effluent
to one inch per irrigated acre per week. As an disposal.
example,a User with a parcel of land that has 100 IQ Water User shall mean any existing entity
acres of irrigable area, at the rate of one-inch per receiving IQ Water at the time of the Effective
week,will provide a maximum application rate of Date of this Ordinance; such as a single-family
387,900 gallons per day of IQ Water expressed on homeowner, golf courses, homeowner associa-
an average annual daily flow basis (100 acres x tions, condominium associations or other associ-
43,560 ft2 per acre x 1 inch per week; 12 inches/ ations with the legal authority to make binding
foot x 7.48 gallons per cubic foot; 7 days/week = determinations on behalf of the association, its
387,900 gallons/day). members, its unit owners, or the shareholders of
such association, corporations, or owner(s) of de-
IQ Water Ordinance shall mean Ordinance veloped property.(See:Exhibit A at the end of this
2013-48 which repealed and replaced Ordinance section for a list of existing Major Users, their
No. 98-37, as amended. calculated minimum IQ Water Allocations and
historical average IQ Water use.)
IQ Water Policy (Policy) shall mean the Policy
as approved by the Board which outlines the IQ Major User shall mean an IQ Water User that
Water program in terms of purpose, vision, mis- uses or has an allocation greater than or equal to
sion,guiding principles,definitions,rates,conser- 0.1 MGD of IQ Water expressed on a twenty-four
vation, master planning, and operational guide- (24) hour flow basis. This classification of User
lines. The Policy gives guidelines for the must enter into a Major User Agreement and may
optimization of available water resources and receive Bulk or Pressurized Service. (See:Exhibit
meeting the irrigation needs or other approved A at the end of this section.)
uses, of customers in an economically and envi-
ronmentally sustainable manner,through the use Major User Agreement (MUA) shall mean a
of IQ Water. written instrument between the Major User and
the District, by which the Major User agrees to
IQ Water Rates shall mean the rates in dollars abide by all rules and regulations pertaining to IQ
and cents charged by the District for IQ Water Water, designates a minimum Allocation, desig-
service as established by the Board in Ordinance nates a Point of Delivery, designates areas where
No. 2001-73, as amended, the Collier County IQ Water will be used, and other contractual
Water-Sewer District Uniform Billing,Operating, obligations. These agreements are required by
and Regulatory Standards Ordinance. the State per Section 62-610.320(1)(b)F.A.C.
ftwor Supp.No.49 CD134:9
134-29 COLLIER COUNTY CODE
Master Meter shall mean a radio read or other ment of Environmental Protection (FDEP) and
water meter that measures the total gallons of South Florida Water Management District
water that flows through such meter to measure (SFWMD) rules, for a beneficial purpose.
the cumulative water being served to a specific SFWMD shall mean the South Florida Water
project, development or portion(s) thereof and Management District.
which has many separate end users being served
by such master metered water (as distinguished Supplemental Water Supply shall have the
from a water meter that measures flow of water to same meaning as Alternative Water Supplies per
separate end use customers or end use water F.S. § 373.019(1). (Note that per Ordinance No.
customer units). 2004-31, as amended, Supplemental Water is
non-potable groundwater, stormwater, or surface
Point of Delivery(POD)shall mean the location water.)
where the Districts IQ Water System is physically Unincorporated Area shall mean all geographic
connected to the Users IQ Water system and areas within Collier County not within the geo-
represents where the District's responsibility ends graphic boundaries of any municipal corporation
and the User's responsibility and liability begins. as of June 26, 2003, the effective date of Chapter
In Major User Agreements it will be defined and 2003-353, Laws of Florida, a Special Law. In the
identified in an exhibit. In certain identified Ma- context of IQ Water and these policies, all geo-
jor User Agreements the POD will be where the graphic areas incorporated as a municipal corpo-
IQ Water line enters onto the Major User's prop- ration shall thereby be deemed to be within
erty boundary. The POD for Basic Users, unless geographic boundaries of that municipality. Also
otherwise specified,will be at the point where the all areas annexed into a municipal geographic
downstream section of the meter assembly goes corporation after the effective date June 26,2003,
into the ground on the User's side of a meter. shall thereby be classified as being"incorporated"
ll Pressurized Service shall mean the service level unless such geographic area,by inter local agree
�In which Users are: (a) individually or master ment pursuant to F.A. § 171.204,(as now exists or
metered; (b) receive IQ Water under pressure at hereafter amended and/or renumbered by the
the POD;(c)are responsible for the distribution of Florida Legislature), excludes such annexed geo
IQ Water downstream of the individual or master graphic area as an unincorporated enclave and,
meter(s); (d) agree that the District will not be being an inter local agreement enclave, shall re
responsible for the water pressure and system main classified as unincorporated (not being
maintenance downstream of the POD. within the geographic boundaries of the munici-
pality).
Pressurized and Distributed Service shall mean User Agreement shall mean the Basic User
the service level at which Users: (a) are either Agreement or the Major User Agreement, or both
individually or master metered; (b) receive IQ Agreements, as applicable.
Water under pressure;(c)whose IQ Water System Water Resource Caution Area shall mean a
is maintained by the District beyond the bound- geographic area identified by a water manage-
aries of the master community up to the individ- ment district as having an existing water re-
ual or master meter; (d) are responsible for the source problem or an area in which water re-
distribution of IQ Water to irrigable areas down- source problems are projected to develop during
stream of the master or individual meter; (e) are the next 20 years.
solely responsible for the water pressure and IQ
Water System maintenance downstream of the Wastewater Director shall mean the District
POD. individual responsible for the technical and oper-
ational activities of the District's IQ Water pro-
Reuse shall mean the deliberate application of gram.
IQ Water, in compliance with the Florida Depart- (Ord. No. 2013-48, § 4)
upp.No. 49 CD134:10
UTILITIES § 134-30
Exhibit A
Minimum Historical
Allocation Average Use
Major User (GPD) (GPD)
1 Audubon Golf& Country Club 405,679 760,692
2 Autumn Woods Community Association, Inc. 90,508 273,756
3 Beachwalk Residents Association 103,955 138,424
4 Calusa Bay 147,399 88,456
5 Collier County Facilities Management Department 113,200 78,556
6 Collier County Parks &Recreation Department(NCRP&Vine- 165,869 308,204
yards)
7 Collier's Reserve Country Club, Inc. 206,080 303,665
8 Countryside Golf&Country Club 257,600 141,016
9 Foxfire Community Association of Collier County 374,035 450,241
10 Glades Golf&Country Club 756,388 487,631
11 Hibiscus Golf Club 257,600 395,981
12 Imperial Golf Club, Inc. 360,640 326,460
13 LaPlaya Golf Club 225,821 466,436
14 Lakewood Country Club of Naples 186,200 92,326
15 Lakewood Community Services, Inc. 400,000 467,566
16 Lely Resort Golf& Country Club 618,240 1,036,119
17 Lely Community Development District 772,800 898,694
18 Riviera Golf Club 119,905 170,961
19 Royal Palm Country Club of Naples, Inc. 426,681 247,111
20 Tarpon Cove Community Association 77,578 132,665
21 The Club Pelican Bay 257,600 415,908
22 Vineyards Development Corporation 772,800 1,148,998
23 Windstar on Naples Bay 199,842 353,672
(Ord. No. 2013-48, § 4)
Sec. 134-30. Connection to system. mains and service lines and that cur-
A. All Users connected to the System shall rently receive pressurized and distributed
enter into a User Agreement with the District. service (Pelican Bay and Pelican Marsh)
Users with usage greater than or equal to.1 MGD are grandfathered and exempted from the
must enter into a written Major User Agreement. following provision:
Users with usage less than .1 MGD must enter (ii) The District will not add any additional
into a Basic User Agreement. Users to the IQ Water System until it can
B. Customers in designated service areas may be reasonably determined by the District
connect to the System where the ability to deliver that a sufficient quantity of IQ Water is
IQ Water exists and the District has determined available during the low flow/high de-
that sufficient IQ Water is available to be deliv- mand period for additional Users, and
ered; and upon District approval of a properly that the addition of such Users will not
submitted application which is compliant with all reduce the District's delivery of the con-
applicable laws, rules, and regulations. With the tracted volumes of IQ Water to existing
exception of District Utility Facilities,all Custom- Users.
ers will be charged the applicable published rates, (iii) Prior to the addition of any future Users
fees and charges for delivery of the IQ Water. of the IQ Water System, and based on IQ
C. (i) The residential areas of the Planned Water Availability, existing Major Users
Unit Developments that currently have will be provided with an opportunity to
IQ Water infrastructure, including both increase their Allocations on a pro-rata
LSupp.No.49 CD134:11
134-30 COLLIER COUNTY CODE
basis up to the amount of one inch(1")per authorization from the District,the District shall
acre, per week, or the IQ Water Applica- immediately remove the IQ Water service lines,
tion Rate of the then recognized amount and all associated additional charges for the Dis-
determined by the IQWAR utilization, in trict work will be borne by the User. Authorized
exchange for the User's water use permit service restoration is not guaranteed and will be
substitution or offset credits. For the pur- made solely at the reasoned discretion of the
pose of the application of this future User District.
prioritization, any increase to the IQ Wa-
ter volume for existing Major Users will C. Failure to enter into and maintain an exe-
be based on the amount of the Major cuted User Agreement, including the acceptance
Users' irrigable acres irrigated with IQ of all amendments and modifications thereto with
Water in 2012. the District, will result in the discontinuance of
(iv) Any substitution or offset credits earned IQ Water service.
by the User by utilizing IQ Water will be (Ord. No. 2013-48, § 6)
conveyed to the District by the User re-
ceiving such credits. Sec. 134-32. Annexation of district service
(Ord. No. 2013-48, § 5) areas into municipalities.
Sec. 134-31. Discontinuing service by dis- The annexation of any areas into a municipal
trict. corporation after the effective date designated in
A. The District may suspend IQ Water service Chapter 2003-353, Laws of Florida, does not re-
to any User due to violation(s) of any provision(s) move any such annexed area from the District's
of Collier County Ordinances, Federal, State, or geographic boundaries.If the District is providing
+7istrict regulations or policies,or the User Agree- any part or all of such annexed area with IQ
dent, for non-payment of fees and charges for Water, the District upon such annexation shall
delivery of IQ Water, for tampering with any not be obligated to continue to supply IQ Water to
service,for cross-connection with any other water such annexed area except to the extent that the
source, or for any reason when the District finds District is then contractually obligated to con-
that continuation of service has the immediate tinue to supply such area with IQ Water pursuant
potential to be detrimental to the District's pota- to a Major User Agreement.
ble water, wastewater, or IQ Water utility sys-
tems, the environment, or the health, safety, and If the District is providing IQ Water to any
welfare of the public. geographical area and any other purveyor of
B. If the violation may result in an immediate water or wastewater service should expand its
harm to persons or property, the District will service area to include such geographical area the
cease and suspend service until the violating District shall not be obligated to continue to
condition is corrected and all costs due to the supply IQ Water to such area except to the extent
District have been paid in full. These costs may that the District is then contractually obligated to
include past due bills and penalties, connection continue to supply such area with IQ Water
charges, payment for any damage caused to the pursuant to a Major User Agreement.
System,together with any charges established on (Ord. No. 2013-48, § 7)
the basis of the expenses incurred in the discon-
nection and restoration of service, which shall be Sec. 134-33. Interrupted, discontinued, sus-
non-discriminatory in its application. The User pended and failure to deliver
shall be provided written notice of violations to service.
include what is required to return to compliance,
and shall be provided a reasonable amount of A. The District shall not contractually allocate
time to cure the violation. Should suspended more IQ Water than can reasonably be made
service be restored by the User without written available during the low flow/high demand period
`ft.t3upp. No.49 CD134:12
UTILITIES § 134-34
as determined by the District. The amount of IQ pricing will be exclusively at the District's consid-
Water available for allocation to Major Users will ered discretion. Supplemental Water shall be uti-
be determined as follows: lized for the benefit of all IQ Water Users.
1. The lowest daily flow of wastewater influ (Ord. No. 2013-48, § 8)
ent available for treatment;
2. Plus: the daily reliable flow from Supple Sec. 134-34. Service requirements.
mental Water Supplies; A. By accepting IQ Water service, all Users
3. Minus: the Basic and Pressurized Users agree that the User: (1) has read Ordinance No.
maximum month average daily demand. 97-33, as amended; (2) shall accept the IQ Water
delivered by the District without warranty be-
B. The District may interrupt or temporarily yond the regulatory Compliance Points for fed-
suspend or discontinue service to any portion of, eral, state and local requirements for quality,and
or the entire IQ Water System as may be deemed will use the IQ Water only for approved uses on
necessary and appropriate by the District or as the User's property pursuant to all local, State,
required by any regulatory authority or designee. and Federal regulations; (3) shall not discharge
C. The District will not be liable to Users for IQ Water directly into the waters of the State
failure to deliver IQ Water if certain situations without written authorization from the SFWMD
beyond the reasonable control of the District and the FDEP,which written authorization shall
preventing delivery exist,such as,but not limited be submitted to the District prior to discharging
to: (1)unavailability of source water due to a loss directly into waters of the State; (4) shall be
or lack of influent to the wastewater reclamation responsible for the payment of the rates,fees,and
facilities; (2) process failure; (3) noncompliant IQ charges as adopted by the District for the provi-
Water; (4) equipment or material failure in the sion of IQ Water service per Ordinance No. 2001-
System, including failure of storage or pumping; 73, as amended; (5) agrees that the District has
(5) routine or emergency System or treatment the authority to impose conservation-based rates
facility repair or maintenance; (6) Force Majeure and/or interrupt service to customers that use IQ
incidents or occurrences that makes it impossible, Water in excess of the Allocation or IQ Water
impractical or limits the ability of the District to Application Rate of the respective User; and (6)
provide IQ Water. agrees that the District will not be held liable for
damages that may occur to vegetation or other
D. At times,IQ Water demand may exceed the damages that occur due to uses of IQ Water.
IQ Water supply. During these events, IQ Water
service will be restricted and apportioned per B. No new connection to the System or in-
District operating protocols, which will be pub tended use shall be permitted without an exe-
lished within six (6) months from the adoption of cuted written User Agreement between the Dis-
this Ordinance. The operating protocols shall
provide that any reduction in supply to an exist- trict and the User. Users without existing or
ing User shall be applied on a prorated basis expired User Agreements must enter into a User
unless there is a physical reason why the existing Agreement upon the request of the District in
Users cannot be treated equally. order to continue to receive IQ Water Service.Any
User that fails to enter into a User Agreement
E. The District has the necessary facilities and with the District will have IQ Water Service
capability to augment the District's System with discontinued within thirty(30)days after written
certain non-potable water resources in order to notification by the District to the User of the
enhance the application of IQ Water with Supple- District's intent to discontinue the User's service.
mental Water for irrigation or other approved
purposes.All aspects of the District's use of such C. Approvals from all relevant regulatory au-
Supplemental Water to enhance the System,such thorities and the District shall precede all connec-
as timing, volumes, blending, distribution, and tions to the System. IQ Water service will be
Supp.No.49 CD134:12.1
1.34-34 COLLIER COUNTY CODE
discontinued if User does not comply with all ments of 62-610 F.A.C. and be approved by the
applicable rules, laws, and regulations for the District. All cooling towers will be required to
application of the IQ Water. install a redundant connection to another water
D. Users of the IQ Water shall consent to the source and applicable backflow prevention de
reasonable entry upon the property using IQ vices.
Water or property containing any portion of the (Ord. No. 2013-48, § 9)
System infrastructure owned by the District.Such Sec. 134-35. Meter requirements.
entry shall ordinarily be for the purposes of
reviewing the operation and condition of the Sys- All connections to the System shall be metered.
tem, for inspection of infrastructure, sampling at At the time of connection of the Applicant's prop-
monitoring wells, or meter reading. User also erty to the System, the Applicant will be respon-
consents to the District employees or Districts sible for the full cost of installation of the meters
representatives conducting cross-connection in- and all appurtenances thereto (collectively re-
spections,or site compliance inspections that may ferred to as the "meter") and such facilities shall
include the operation of private IQ Water facili- be dedicated at no cost to the District in accor-
ties, such as private irrigation systems. At the dance with applicable Collier County Ordinances.
request of the District and as a condition of Replacement meters will be installed by the Dis-
service, Users shall consent to the reasonable trict at the District's discretion and expense.
installation, sampling, and maintenance of mon- Costs associated with meters replaced at the
itoring wells associated with the System. The request of the User will be paid for by the request-
User waives all rights to receive any further ing party and dedicated at no cost to the District.
notice from the District of entries conducted pur- A. The District shall install new meters less
suant to this Ordinance, and indemnifies the than or equal to two (2) inches in size.
—District, its agents and employees from any and Associated costs for the meter and its
L.11 claims, damages, judgments and expenses installation will be paid by the User per
incurred by the District as the result of the Users Ordinance No. 2001 73, as amended.
discharge or use of IQ Water in violation of any of
the terms of this Ordinance or applicable laws, B. New meters greater than two(2)inches in
rules or regulations. size will be installed by the Applicant in
coordination with District regulations.The
E. Applicants shall at its sole expense, obtain Applicant must submit an application for
and fulfill all requirements of all the necessary an IQ Water meter and install the meter
permits, licenses, conditions, and approvals for and associated infastructure in accor-
any construction and operation of the Users IQ dance with District requirements and spec-
Water system. ifications under the direct physical super-
F. IQ Water Service will be provided to Appli- vision of a District representative. All
cants as described in the IQ Water Policy. costs associated with the installation of
the meter to include District expenses
G. Any and all adjustments to Users IQ Water will be paid by the User. Any User that
system required by changes in law shall be corn- connects to any part of the System with-
pleted within the time period defined by the out direct physical supervision by a Dis-
regulatory authority requiring such changes at trict representatives will have all IQ Wa-
the Users expense. ter service being provided immediately
H. The District will recognize that portions of terminated. Upon the finding of an im
IQ Water may continue to be used for environ- properly or unauthorized meter installa
mental mitigation purposes. tion will constitute a violation of this
Ordinance and shall be subject to all fines
I. IQ Water may also be used for non-irrigation and costs in addition to the penalties as
purposes, such as cooling towers. Non-irrigation set out herein.
uses for IQ Water must meet all of the require- (Ord. No. 2013-48, § 10)
ftiaiaupp, No.49 CD134:12.2
UTILITIES § 134-38
Sec. 134-36. Cross-connections prohibited. report summarizing the Cross-connection
inspections with subsequent written ap-
A. No Cross-connections shall be permitted. proval by the District.
Any Cross-connection constitutes a violation of
this Ordinance and shall be subject to fines and E. Any additional requirements for Cross-
costs as identified in Ordinance No. 2001-73, as connection regulation may be further set out in
amended. the individual User Agreements as may be neces-
sary for the User.
B. On all properties where IQ Water service is (Ord. No. 2013-48, § 11)
provided, the public water supply shall be pro-
tected by an approved backflow protection device Sec. 134-37. Construction specifications.
as specified in Ordinance No. 97 33, as amended. All IQ Water connections shall meet the follow-
C. To determine the presence of any potential ing specifications:
hazards to the District's potable or IQ Water A. Prior to connection, all requirements of
Systems,the District shall have the right,but not Florida Administrative Code, Ordinance
the duty, to enter upon the premises and test the No. 2004-31, as amended, and all other
private irrigation or other system of any User relevant District requirements in exis-
receiving IQ Water for the purpose of performing tence at the time of connection, shall be
cross-connection inspections. fully met.
D. (i) If a Cross-connection is found, the Dis- B. New above ground hose bibb connections
trict will immediately suspend IQ Water shall not be made unless the User has a
service to a User upon the confirmation of written documentation of inspection and
a Cross-connection with the District pota- approval by the FDEP as required by
ble water system.IQ Water service will be 62-610.469(3), F.A.C. Such documenta-
reinstated only upon: (a) the removal of tion must be received and approved by the
the cross-connection together with any District prior to any hose bibb installa-
additional reasonable terms and condi- tion.
tions that the District determines are (Ord. No. 2013-48, § 12)
necessary to avoid future cross-connec-
tions; (b) there is no history of previous Sec. 134-38. Maintenance by user.
cross-connections or violations of the other
provisions of this Ordinance by the User A. Except to the extent,if any, and clearly and
relating to the public health and safety by expressly articulated in a User Agreement to the
the User; and(c)the Florida Department contrary,the User shall take full responsibility for
of Environmental Protection (FDEP)pro- the design, construction, permitting, financing,
vides its approval of the reinstatement to compliance,operation,maintenance and repair of
the District in a writing, if necessary. the IQ Water system downstream of the POD.The
District may disconnect IQ Water service to any
(ii) The Users will be responsible for all costs User in the event any part of the User's system is
incurred by the District and the User, not being maintained to the standards specified in
resulting from the Cross-connection.These Ordinance No. 2004-31, as amended. In addition,
costs include, but may not be limited to: should the User require IQ Water at different
all potable or IQ Water used,including all pressures, different quality, or in any way differ-
potable water used for flushing lines, and ent from that which is supplied by the District,
follow-up Cross-connection inspections per- the User shall be responsible for any necessary
formed by a licensed professional irriga- devices for making these adjustments and obtain-
tion contractor or a certified Reclaimed ing approval from the District. If such changes
Water Field Inspector as mandated by the are made supplementing the quality or pres-
District. IQ Water service will not be sure(s)from the District, the District shall not be
restored prior to submittal of a written held liable and the User will hold the District
�,,, Supp.No.49 CD134:12.3
• 134-38 COLLIER COUNTY CODE
harmless from any and all claims for damages to G. The Users'denial of access of an authorized
persons or property as the result of the applica- District representative to a property receiving IQ
tion of User's modifications to the District's stan- Water for the purpose of conducting any inspec-
dard IQ Water. tions shall constitute a violation of this Ordinance
and may constitute grounds for the immediate
B. The User shall take reasonable precau- discontinuation of IQ Water service by the Dis-
tions, including signs, labeling, and color-coding trict.
to prevent confusion between IQ Water and other (Ord. No. 2013-48, § 14)
water sources. All costs associated with the rea-
sonable precautions will be borne solely by the Sec. 134-40. Additions of chemicals.
User.
(Ord. No. 2013-48, § 13) A. Users' addition of any chemicals to the
District's System is strictly prohibited.
Sec. 134-39. District maintenance. B. Any User adding or otherwise placing chem-
A. Except to the extent,if any,and clearly and icals into the User's IQ Water system must first
expressly specified in a User Agreement to the install, test, and maintain an approved and ap-
contrary, the District shall own and be responsi- propriate backflow prevention assembly per Ordi-
ble for all repairs and maintenance and associ- nance No. 97-33, as amended. All backflow pre-
ated costs for operating the System upstream of vention devices must be tested annually per
the designated POD. Ordinance No. 97-33, as amended. Written docu-
mentation for the installation, maintenance and
B. The District will not own, operate, main- testing of the backflow prevention device(s)must
tain,or be deemed to be in possession or control of be provided to the District within ten (10) busi-
the Users IQ Water system downstream of the ness days following the installation, maintenance
—DOD unless specified in a User Agreement. or testing of the device(s).
C. No person shall perform any work, nor be C. All algaecide applications to IQ Water stor-
reimbursed for any work, on the District's Sys- age ponds shall be completed per manufacturers'
tern, without written authorization from the Dis- specifications.
trict prior to work commencing. (Ord. No. 2013-48, § 15)
D. The District will make every effort to in Sec. 134-41. Ownership by the district.
spect, maintain and keep its facilities in good and
serviceable repair, but assumes no liability for A. No private IQ Water facilities will be in-
any damage caused by the System that is beyond stalled or accepted by the District for ownership,
the reasonable control of normal maintenance. operation and maintenance,with the exception of
These situations include, but are not limited to: certain meters as provided for in this Ordinance.
damage due to the breakage of pipes, diminished
water quality due to unauthorized or illegal intro- B. The District's utility easements and dedi-
duction of foreign material into the System by cated public rights-of-way do not indicate accep
others that is beyond the reasonable control of the tance of or ownership by the District of any User's
District, or other similar incidents. infrastructure that may be placed into the Dis-
trict easement or right-of-way.
E. The District will not provide additional treat-
ment to the IQ Water beyond the compliance C. No District IQ Water facilities will be in
points located at the Water Reclamation Facili stalled by an Applicant and accepted by the Dis
ties. trict for ownership operation and maintenance,
unless the facilities are located in a dedicated
F. The District has the right,but not a duty,to public right-of-way, a County Utility Easement
reasonably operate or regulate the User's private (CUE) or a Perpetual Utility Easement (PUE).
system if it is found by the District to be necessary Any new easement shall be adequately sized to
for the health, safety, and welfare of the public. accommodate construction and maintenance of all
dupp.No.49 CD134:12.4
UTILITIES § 134-51
System components. No obstruction of any kind otherwise prevent the violation of this Ordinance,
shall be planted, built, or otherwise created before the Special Magistrate or in the Circuit
within the limits of the utility easement or Court of Collier County.
right-of-way without prior written authorization (Ord. No. 2013-48, § 22)
from the District.
D. If IQ Water infrastructure is to be conveyed Secs. 134-45-134-50. Reserved.
to the District, the User shall submit all docu-
ments as are required for the dedication of ARTICLE III. UTILITIES STANDARDS
private facilities to the District as specified in AND PROCEDURES*
Ordinance No. 2004-31, as amended.
(Ord. No. 2013-48, § 16) Sec. 134-51. Findings and purpose.
Sec. 134-42. User's IQ water system. (a) It is the intent and purpose of this ordinance
to promote, protect, and improve the health,
A. The Applicant shall, at its sole expense, safety and welfare of the citizens of Collier
construct all necessary transmission mains; re- County by the establishment,herein,of standards
pump stations and appurtenant improvements and procedures for the construction, develop-
for transmitting IQ Water from the District's ment, maintenance, and operation of safe, reli-
System to the User's system. The Applicant able potable water, non-potable irrigation water
shall, at its sole expense, construct all necessary and wastewater systems that meet the demands
on-site IQ Water system facilities such as pipes, of Collier County's land development and popula-
storage facilities, and drip, spray or sprinkler tion growth and that are constructed,developed,
facilities. maintained and operated according to the latest
Le' B. Users may apportion their monthly charges technical and professional standards. This
paid to the District for IQ Water Service to its ordinance, therefore, establishes minimum util-
internal users,pursuant to Ordinance No. 2001- ity requirements for development of potable
73, as amended. water and non-potable irrigation water transmis-
(Ord. No. 2013 48, § 17) sion and distribution and for wastewater collec-
tion and transmission systems or portion(s)thereof
Sec. 134-43. Liability. within the unincorporated areas of Collier County,
Florida. This ordinance attempts to ensure that,
The District shall not be liable for any claims with respect to all utility construction performed,
for damages to the User's property or persons reliable and economical utility services shall be
thereon as the result of the use of District IQ provided to users of the potable water, non-
Water, provided that the quality of the IQ Water potable irrigation water and/or wastewater
at the Compliance Points has been treated and systems within Collier County. All requirements
meets all standards as required by all applicable set forth herein are in conjunction with and
federal, state, and local rules, laws and regula- supplemental to the Collier County Land Develop-
tions. ment Code (the "LDC"), to the Collier County
(Ord. No. 2013-48, § 18) Growth Management Plan and to such other
applicable Collier County Ordinances, Resolu-
Sec. 134-44. Penalties. tions and/or regulations as are related to land
development and/or subdivision of lands within
Unless another penalty is specifically provided Collier County. The public utilities department
for herein, any person who violates any section shall review deviations (see Standards Manual
or provision of this Ordinance shall be prosecuted
and punished as provided for by F.S. § 125.69. *Editor's note—Ord. No. 04-31, § 13,repealed art. III,
§§ 134-51-134-67, in its entirety. Sections 1-12, 16 and
Each day the violation continues shall constitute
App. A,of said ordinance enacted similar provisions to read
a separate offense. Additionally, the Board may as herein set out. See the Code Comparative Table—
bring suit for damages or to restrain, enjoin or Ordinance Disposition for a detailed analysis of inclusion.
Supp. No. 79 CD134:13
s'
134-51 COLLIER COUNTY CODE
for Utility Deviation Forms) from the standards manual and should provide for periodic revisions
and procedures established herein, which are thereto,consistent with good engineering practices
brought about by innovative applications of design and standards.
principles/solutions to individual projects. Upon (Ord. No. 04-31, § 1; Ord. No. 2018-36, § 1)
such review, the public utilities administrator or
designee, at his discretion, may approve such Sec. 134-52. Title and citation.
deviations, provided that such deviation shall
not result in system/facility operation or This ordinance shall be known and may be
maintenance performance that is less than that cited as the "Collier County Utilities Standards
which would be provided in this ordinance, if and Procedures Ordinance".
recognized, accepted standards are used, and (Ord. No. 04-31, § 2)
provided further that such deviation promotes,
protects, and improves the health, safety and Sec. 134-53. Applicability.
welfare of the citizens of Collier County,Florida. This ordinance shall be applicable to develop-
Requested deviations from the requirements of ment activities within the Collier County Water-
this ordinance shall be referred to the public Sewer District,and the remaining unincorporated
utilities administrator or designee(s). All devia- areas of Collier County,Florida. For the purposes
tion requests must include an impact statement. of simplicity and brevity,references herein to the
Appeals to rejected deviation requests shall be Collier County Water-Sewer District shall also
mailed to the public utilities engineering direc- refer to the Goodland Sub-District, where
tor of the public utilities division. appropriate, as the context requires.
(b) The Collier County Water-Sewer District, (Ord. No. 04 31, § 3; Ord. No. 2018 36, § 1)
established in February 1977, by the board of Sec. 134-54. Water and wastewater
county commissioners,was created for the follow ordinances and resolutions.
ing purposes:
The board of county commissioners, acting in
(1) To develop safe, reliable and financially their regular capacity as well as their capacity as
self-supporting potable water and the ex-officio governing board of the Collier
wastewater systems,which will meet the County Water-Sewer District has adopted other
water and wastewater needs of Collier ordinances, ordinance amendments and resolu-
County; tions on behalf of the county and the district.
(2) To ensure that existing and future potable Such ordinances, ordinance amendments and
water and/or wastewater utility systems resolutions, together with all such duly adopted
are constructed, operated and managed subsequent ordinances, ordinance amendments
at the minimum cost to users and with and resolutions apply fully except to the extent,
no direct/indirect financial aid from the if any, specifically and expressly superseded by
general fund; and this ordinance.
(Ord. No. 04-31, § 4; Ord. No. 2018-36, § 1)
(3) To develop potable water and/or
wastewater systems requiring the most Sec. 134-55. Service areas.
reasonable operating and maintenance (a) The following requirements shall apply
costs. with respect to the county's review of utility
construction within the district's service area in
(c) Potable water specifications, non-potable the unincorporated area.
irrigation water specifications,wastewater techni-
cal specifications, and standard details are now (b) Construction of all utility systems includ-
included in the Collier County Utilities Standards ing, but not limited to, interim utility systems,
Manual. By reference, the public utilities shall comply with the LDC, with this ordinance,
administrator or designee shall publish the and with the Collier County Utilities Standards
Supp. No. 79 CD134:14
UTILITIES § 134-55
Manual,which is hereby adopted by the board as owner-occupied residence) to determine
part of this ordinance. The penalty provisions of whether any violation of subsection 134-
this ordinance apply equally to the manual and 55(d)(1) or (2) exists. If it is determined
to exhibits then incorporated by reference into that such violation exists, staff shall
the manual. provide written notice to the owner or
(c) Utility construction shall not commence occupant of the premises to direct that
until the utility construction documents for each all such violations be corrected within 30
project have been reviewed and approved by the days of receipt of such notice, and within
engineering review services department director that 30 day period, the noticed owner or
(county engineer)or designee and the county has occupant shall notify staff in writing that
thereafter issued a written authorization to each such violation has in fact been
construct. Conveyance of completed interim util- corrected. If staff does not receive such
ity system(s) or portion(s) thereof within these notification of correction within that
certificated or other approved service areas shall 30 day period, staff may correct all such
be in compliance with the LDC, this ordinance, violations subject to providing the owner
and the Collier County Utilities Standards or occupant not less then three additional
Manual. work days written notice. Notice from
the county or district may be registered
(d) Prohibited connections. Refer to the latest mail or by any other lawful means of
revision of the County Cross-Connection delivery of such notice, addressed to the
Ordinance as well as subsections 134-55(d)(1)— owner(or occupant)as the owner's name
(3). and address then appear on the then
(1) Wastewater and stormwater.No individual most current tax assessment roll. In the
or entity owning, possessing or having event county staff corrects the viola-
control of any building, structure, or tion(s), the county's may record a lien
other improvements within the then exist- against the relevant premises,which lien
ing district shall cause, permit, allow or shall run with the land and may be
suffer any stormwater and/or any water foreclosed upon or otherwise collected by
used for irrigation to be discharged into staff.
any sanitary sewer, drain, cleanout, or
manhole that is connected to the district's (e) Private wastewater systems.
wastewater collection system (direct
discharge), or into any other facility that (1) Private pump station owners are required
is connected into such sewer, drain or annually to provide the following to the
Public Utilities Department:
manhole, (indirect discharge). Only
wastewater from toilets,lavatories,sinks, a. Emergency phone number of pump
bathtubs or showers upon or in said station owner;
premises shall be discharged into any
such sewer, drain or manhole. b. Emergency phone number of pump
station operator;
(2) Yard, garden, private stormwater drain-
age facilities. No yard drainage, garden c. Maintenance reports and inspection
drainage, nor any stormwater, including reports;
from a drainage line, roof drain or
downspout, shall discharge directly or d. If any phone numbers change, an
indirectly into the county's or the district's update must be provided within 24
wastewater collection system. hours.
(3) Inspection—Correction of violation condi- (2) Private pump station access must be
tion. An authorized representative of the secured with a master lock provided by
county may enter premises (except an the Public Utilities Department. Public
Supp. No. 79 CD134:15
§ 134-55 COLLIER COUNTY CODE
Utilities' lock may be interlocked with Adequate public facilities letter: Written
the owner/operator's lock to allow access verification prior to submittal of construction
by both. documents from another utility (including a
(3) The Public Utilities Department is municipal owned or other government owned or
authorized to conduct inspections of controlled utility,or privately owned or franchised
private wastewater pump stations at its utility) that demonstrates that concurrency
discretion. Any non-compliance will be requirements are firmly complied with. This
enforced through code enforcement and letter shall clearly verify the type and capacity of
FDEP code compliance where applicable. potable water,non-potable irrigation water and/or
wastewater utility services that is available to
(4) Home Owners Associations(HOAs)and/or provide each such utility capacity to serve the
private wastewater pump station owners specific structure, building or unit, as well as
will have the opportunity to convey their any restrictions, conditions and requirements
pump stations including collection systems the utility may have regarding issuance of a
to the Collier County Water-Sewer District binding written commitment for service to each
(CCWSD)after bringing the infrastructure such proposed structure,building and unit. Refer
into compliance with current utilities to subsection 134-57(a)(6) herein.
standards. System upgrades and repairs
of any defects shall be the financial Availability letter:Written documentation stat-
responsibility of the HOA or private ing water and/or sewer service is available to the
wastewater system owner. applicant via then existing utility lines adequate
(Ord. No. 04-31, § 5; Ord. No. 2018-36, § 1) to serve each such structure,building and unit(s).
This written documentation must be provided by
Sec. 134-56. Definitions and abbreviations. designee of the respective utility (including the
district when the district is the provider);and no
(a) Definitions. For the purposes of this article, guarantee is issued that adequate capacity will
the following terms, phrases, and words, shall be available to the respective structure,building
have the meaning specified herein. When not and unit until each such structure, building and
inconsistent with the context,words in the pres- unit has received its capacity commitment for
ent tense include future tense,words used in the the respective utility service.
singular number include the plural, and words
used in the plural include the singular. "Shall"is Board: Board of County Commissioners of
always mandatory;"may"is discretionary. Defini- Collier County, Florida, as the Governing Body
tions in this ordinance supersede definitions in of Collier County, Florida, and, where appropri-
the Standards Manual to the extent of any ate, as the ex-officio governing board of the
conflict between a definition in this ordinance Collier County Water-Sewer District (including
and a definition in the manual. No definition in the Goodland Sub-District)and every other future
this ordinance shall be construed to affect any sub-district of the district.
definition in the Florida Administrative Code or Collier County Water-Sewer District(CCWSD)
any other administrative regulation of any or district:An independent special district within
superior government agency unless such F.A.C. Collier County that is defined in the Special Act,
or other governmental regulation's definition Chapter 2003-353, as such Act may be amended,
can lawfully be expanded,contracted or otherwise and is governed by the board of county commis-
amended by this ordinance and the apparent sinners.
intent of the conflicting definition in this ordinance
is to amend the scope or application of the Collier County Water-Wastewater Authority:A
respective conflicting exterior definition. Many five-member authority appointed by the board of
of these definitions contain substantive provi- county commissioners consisting of three techni-
sions. The fact that a substantive provision is cal and two lay members,having a wide range of
contained in a definition does not affect full regulatory authority regarding the approval of
applicability of each such substantive provision. rates, service area boundaries, customer/utility
Supp. No. 79 CD134:16
UTILITIES § 134-56
disputes, and quality of service issues related to County inspector: A representative of Collier
certificated private, investor-owned water and County designated to provide periodic inspection
wastewater utilities operating in unincorporated of all potable water, non-potable irrigation water
Collier County and the City of Marco Island. A and/or wastewater systems.
Collier County Board (authority) created and
empowered by Article VIII of the Collier County County utility easement (CUE): An easement
Code of Laws and Ordinances (the same being conveyed to the county and/or district to use land
Ordinance No. 96-6, as amended). for operation and/or maintenance of utility systems
and/or utility facilities.
Construction document: Construction draw-
ings, technical specifications, hydraulic design Customer: means each residence, apartment
reports, Florida Department of Environmental unit, condominium unit, office or other unit of a
Protection ("FDEP") permit applications, plats, building or structure, each mobile home, each
where required,and other supportive documents recreational vehicle, etc., is one customer. A
and data necessary to permit the review of duplex is two customers;a triplex is three custom-
proposed potable water, non-potable irrigation ers,etc. Customer does not refer to each individual
water and/or wastewater system additions,exten- served.
sions and/or improvements. An engineer's report
must also be included, with a summary of the Developer:Any individual,partnership,corpora-
proposed construction, including connections, tion,owner,sub-divider,including a governmental
phasing,assumptions,and estimated total flows. agency, or designated agents, successors, or
assigns,or such other entity that proposes and/or
Construction document modification: Revised undertakes the construction of potable water,
construction document(s) that include a written non-potable irrigation water and/or wastewater
technical description of all modifications. systems, or portion(s) thereof, to provide service
for any property or properties, area, develop-
Contractor: Individual ment or subdivision in which the potable water,
partnership, agency, non-potable irrigation water and/or wastewater
organization, corporation or the like licensed in systems might sometime be connected to a potable
the State of Florida to perform underground water,non-potable water irrigation or wastewater
utility construction in Collier County. system of Collier County Water-Sewer District
(CCWSD).
Contractual guarantee: A construction and
maintenance agreement guarantee on streets, Development services advisory committee
sidewalks, stormwater system, etc., that all (DSAC):A 15-member committee created pursu-
subdivision developers are required to provide ant to Ordinance No. 95-60 to provide reports
along with the utilities performance security and recommendations to the board of county
guarantee. commissioners, to assist in the enhancement of
the operational efficiency and budgetary account-
County: Includes Collier County, the Board of ability within the growth management and public
County Commissioners of Collier County,Florida, utilities departments, and to serve as a primary
and/or the duly authorized staff, agent or communications link between the departments,
representative acting on behalf of the board of the development industry and the citizens and
county commissioners,to supervise and/or manage residents of Collier County.
the operations of the publicly owned potable
water,non-potable water and wastewater systems, Deviation: Requested variation from the
and whose duties include administration of this requirements of this article or the Collier County
article. Shall also include the district unless the Standards Manual requiring written approval
specific the context does not reasonably permit from the public utilities department administra-
such construction. tor or designee(s).
Supp. No. 99 CD134:17
§ 134-56 COLLIER COUNTY CODE
Distribution mains: Potable water or non- Facility: See definition of water facility and
potable irrigation water mains less than 16" in wastewater facility.
diameter that distribute water at the project or Fees: The non-reimbursable monetary
customer level.
compensation rendered to the county for construc-
District:See definition of Collier County Water- tion document review and inspection service
Sewer District. provided.
District service area: All geographic areas Final acceptance: Acceptance by the board of
where the District is then authorized to provide potable water,non-potable irrigation water and/or
potable water and/or wastewater service, and/or wastewater systems after satisfactory comple-
non-potable irrigation water,and/or bulk service, tion of all final acceptance obligations.
by general law or by Special Act(s)of the Florida Final acceptance obligations: These include
Legislature, including all such geographic areas reimbursed recording fees, utility inspection,
then being served with interim service by any attorney's affidavit and final attorney's affidavit.
other service provider.
Growth Management Department: A depart-
Subject to Chapter 2003-353, Laws of Florida
and to other then applicable Florida Special ment of Collier County which, for purposes of
this article, shall be responsible for processing,
Acts, if any, and subject to then applicable
reviewing and approving potable water, non-
federal Laws, if any, and general law of Florida,
potable irrigation water and/or wastewater
the district's service areas may from time-to- construction requests,pursuant
time be expanded,contracted or otherwise changed q , to the terms and
conditions of this article and/or the LDC,includ-
by resolution of the board or by Collier County ing the engineering evaluation, design and
Ordinance, or by amendment to Chapter 2003- construction of potable water,non-potable irriga-
353, Laws of Florida, a Special Act that controls tion water and/or wastewater utility systems. As
the powers of the board and the Collier County outlined herein, and as set forth in the LDC,the
Water-Sewer District. "community development and environmental
Dual system:A utility system within a develop- services administrator" shall mean the engineer-
ment comprised of a non-potable irrigation water ing review services division director (county
system and a potable water system. engineer).
Easement: An interest in land granted to Inspection: Periodic construction site visits by
holder by owner of land. Such grant entitles a county representative, the purpose of which is
holder to specific limited uses of said land. to ascertain/ensure compliance with county-
Holder can be person, persons or the general approved construction documents and applicable
public. ordinances, codes and statutes. Such periodic
visits shall occur, but not be limited to, during
Effluent: The treated liquid end product of a construction of the potable water, non-potable
wastewater treatment facility that is reused as irrigation water and/or wastewater additions,
reclaimed water for irrigation or other approved extensions and/or improvements(including road/
non-potable purposes. transportation utilities relocate projects), and
after completion of construction for final
Engineer of record: The "project engineer," a acceptance of the potable water, non-potable
registered professional engineer of record, irrigation water and/or wastewater system(s) or
responsible for: 1) the preparation of plans, portion(s) thereof by the county.
specifications and other related design docu-
ments for the potable water, non-potable irriga- Interim utility facility or interim utility system,
tion water and/or wastewater systems being (and utility facility): A potable water, non-
constructed within Collier County and 2)certify- potable irrigation water distribution, transmis-
ing the project, including transportation and sion, treatment, and/or supply system, a
stormwater facilities, upon completion. wastewater collection, transmission, treatment
Supp. No. 99 CD134:18
UTILITIES § 134-56
and/or disposal system,which meets all applicable Looping of water main: Interconnection of a
rules and regulations associated with any federal, development's potable water main(s)to minimize
state or local regulatory authority, and which is dead ends to promote the flow of potable water
owned by the applicant/developer or other person/ throughout a project and/or development.
entity other than the Collier County Water-
Sewer District (CCWSD) and which, upon Master meter: A radio read water meter that
completion, or anytime thereafter is capable to measures the total gallons of water used in a
be dedicated to the CCWSD. All such interim specific project, development or portion thereof
facility and/or interim system shall remain interim other than service to separate, individual units.
until such time (if and when) each interim Master pumping station: A pumping station
facility (or facilities) and/or interim system is that has gravity flow or force mains from other
interconnected into the district's system to be master stations or submaster pumping stations
served by the district's system and the interim pumping into it,which then pumps into another
facilities and/or interim system has been dedicated master station or into a force main that pumps to
to the district pursuant to paragraph 10 in the water reclamation facility;has standby power.
Section 5 of Chapter 2003-353, Laws of Florida.
Meter: A device that measures the total gal-
Internal non-potable irrigation water distribu- Ions of water passing through a pipe.
tion system: Any non-potable irrigation water
distribution system not owned by the county or Master plan development: A tentative plan
the district and located beyond the master meter showing the proposed development of a tract of
assembly on the development side. land for which development is to be carried out
in one or more stages. (See site alteration plan,
Irrigation system: Any and all plant, system, site development plan, and site improvement
facility or property, and additions, extensions plan as defined in the LDC.)
and improvements thereto at then future times,
constructed or acquired as part thereof, useful, Modification fee: Fee for revisions to county-
necessary or having the then present capacity approved construction documents, as requested
for future use in connection with the develop- by the engineer of record, when such revision
ment of sources, treatment and distribution of necessitates an additional review and approval
irrigation water,and,without limiting the general- process. Revisions requested by the county or
ity of the foregoing,includes dams,walls,meters, the district are exempt from this fee.
reservoirs, storage tanks, lines,valves, pumping Non-potable water: Water that is not suitable
stations,laterals and pipes constructed or installed for drinking, culinary, or domestic purposes,
for the purpose of carrying irrigation water to including reclaimed or supplemental water;efflu-
the premises connected with such system; also ent, well, stormwater and/or surface water.
includes all real and personal property and any
interest or rights therein, easements, and Non-potable water system:See definition under
franchises of any nature whatsoever relating to supplemental water system and reclaimed water
any such system and necessary or convenient for system.
the operation thereof. Non-potable water facility:A facility used as a
Irrigation water: Potable, reclaimed and/or source of water for irrigation, cooling, or other
supplemental water artificially applied to lands approved, non-consumptive purposes. Facilities
to meet the water needs of growing plants; used as a source for drinking,culinary or domestic
excludes rainfall. purposes are excluded from the definition of
non-potable water facility.
Lateral sewer: A sewer that discharges into a
branch or other wastewater system and has only Ordinance: Throughout this article "the
ordinance" or "this ordinance" shall include the
building wastewater tributary to it.
Collier County Utilities Standards Manual and
LDC:Collier County Land Development Code. to all documents incorporated by reference in the
Supp. No. 99 CD134:19
§ 134-56 COLLIER COUNTY CODE
manual unless such inclusion is clearly not non-potable irrigation water, and wastewater
intended according to the context in the manual. systems eligible to be conveyed to the board for
ownership and maintenance as outlined herein.
Person or entity: Individual, partnership,
agency, association, private or public corpora- Reclaimed water: Water from a wastewater
tion, organization, or political subdivision or the treatment facility that has received at least
like which desires to construct potable water, secondary advanced treatment and high-level
non-potable irrigation water, and/or wastewater disinfection and is used or useable for some
system additions, extensions and/or improve- beneficial non-potable,non-culinary,non-domestic
ments and/or requires the services of the county purpose such as irrigation.
or the district. Reclaimed water system: A network of pipes,
Potable water: Water that does not contain pumping facilities, and appurtenances designed
objectionable pollutants, contamination, miner- to convey and distribute reclaimed,supplemental,
als, or infective agents and is classified by law, or a combination of reclaimed and supplemental
rule or regulation as being acceptable for drink- water to one or more users; part of county s or
ing, culinary, or domestic purposes. district's non-potable irrigation water system.
Reclaimed water systems referred to in this
Potable water facility:Facility used as a source article refer to county-owned or district owned
for drinking, culinary, or domestic purposes. reclaimed system pipes six inches in diameter or
greater, up to and including the master meter
Potable water system: See definition under assembly and backflow device.
water system.
Record drawings: Drawings that accurately
Probable cost of construction: Cost estimate identify the final, fixed constructed configura-
prepared by the engineer of record for proposed tion of a utilities facility and/or system, includ-
potable water,non-potable irrigation water,and/or ing the drainage system.
wastewater system additions, extensions and/or Review fee: Fee for work incurred by the
improvements which are required to be submit- county or the district to review and approve
ted to the county or the district for review. potable water,non-potable irrigation water and/or
Project: Potable water, non-potable irrigation wastewater system construction documents and
water and/or wastewater system additions,exten provide inspection during and after construction
sions and/or improvements illustrated and of said improvements.
described in the construction documents for the Reuse: The deliberate application of reclaimed
development of land in the unincorporated areas water for a beneficial non-potable, non-culinary,
of Collier County. and non-domestic purpose such as irrigation.
Public utilities department: A department of Right-of-way:A strip of land,public or private,
the Collier County government comprised of occupied or intended to be occupied by, or for
various departments including, but not limited repair of, a street, crosswalk, railroad, electric
to, the water and wastewater departments. The transmission line, oil or gas pipeline, storm
public utilities division is responsible for the drainage,potable water or non-potable irrigation
management, operation and maintenance of the water main,sanitary or storm sewer main, or for
Collier County Water-Sewer District. The public similar use. The usage of the term"right-of-way"
utilities department, together with the growth for land platting purposes shall mean that every
management department shall have the right-of-way, whether public or private, or as an
responsibility to approve potable water, non- easement, hereafter established and shown on a
potable irrigation water (in dual systems) and plat is to be separate and distinct from the lots or
wastewater systems requests,as well as engineer- parcels adjoining such right-of-way, and is not
ing evaluations,including,but not limited to,the included within the dimensions or areas of such
design and construction of all potable water, lots or parcels.
Supp. No. 99 CD134:20
UTILITIES § 134-56
Service: Work incurred by the county or the the developer will not normally have the requisite
district to review and approve potable water, authority to convey title of those facilities to the
non-potable irrigation water and/or wastewater county or to the district without authorization
system construction documents and provide from the subdeveloper.
inspection during and after construction of said
improvements. May also mean water service— Submaster pumping station: The main pump-
See definition of water service herein. ing station of a subdivision that receives flow
from other pumping stations and/or gravity flow
Service area:The geographical area(s)described which then pumps into a master pumping sta-
in a franchise certificated area or other form of tion or county or district force main; does not
approval granted by the board of county commis- have standby power.
sioners and/or the water-wastewater authority
to a utility to provide utility service within the Supplemental water:Non-potable ground water,
described boundary of such area(s). The geographi- stormwater or surface water.
cal area(s) may also be referred to as "territory"
or "certificated area." Supplemental water system:A system of pipes,
pumps and all other appurtenances or equip-
Sewer lateral: A gravity sewer pipe extending ment needed to collect, transport and distribute
from the gravity sewer main to the customer's supplemental water;part of county's or district's
point of connection at the public right-of-way or non-potable irrigation water system.
county or district's utility easement limit.
Sewer system:See definition under wastewater Transmission mains: Potable water mains 16
inches in diameter and larger, wastewater force
system. mains 12 inches in diameter and larger, and
Staff or county staff: Refers to the Collier non-potable irrigation water mains six inches in
County employee(s) authorized to perform the diameter and larger,and mains used to transport
respective act or decision. raw water from wells to a water treatment plant.
Standards manual or manual: The "Collier Unincorporated area: All geographic areas in
County Water-Sewer District Utilities Standards Collier County not within the boundaries of any
Manual," as adopted by the board of county municipal corporation as of the effective date of
commissioners concurrently with the 2004 utili- Chapter 2003-353,Laws of Florida. In the context
ties standards and procedures ordinance,includ- of this article all areas hereafter annexed into a
ing all of its exhibits, consisting of, but not municipal corporation shall remain classified as
necessarily limited to, all technical standards, being unincorporated to the extent that such
specifications, detail drawings, utility deviation annexed area is within the district's then exist-
forms, water meter sizing and impact fee form, ing service area.
final waiver of liens, and utilities conveyance
documents checklists for potable water, non- Utility: Any person or business entity, lessee,
potable irrigation water and wastewater systems. trustee and/or receiver,owning,operating,manag-
ing,or controlling a system,or proposing construc-
Subdeveloper: Refers to each individual or tion of a system, who or which is providing or
entity that develops, constructs or installs proposes to provide potable water and/or non-
improvements to the real property in part of the potable irrigation water, or bulk water, and/or
development other than the developer of the wastewater service, or any combination thereof,
development, including, but not limited to, each within any unincorporated area of the county to
such sub-owner, builder, contractor, promoter, the public for compensation, but excluding only
lessee, or tenant of improvements to real estate the following:
within the development when not acting as an
agent of the developer, and after completion of (1) Property used solely or principally in the
such improvements, the title-holder of those business of bottling, selling, distributing
improvements is not the developer and,therefore, or furnishing bottled water; or
Supp. No. 99 CD134:21
§ 134-56 COLLIER COUNTY CODE
(2) Such systems owned, operated, man- (10) Systems not owned by the utility that are
aged, or controlled by a governmental downstream from the utility's master
agency; or meter and are operated and sub-metered
(3) Manufacturer providing such utility by a master metered customer of the
service(s) solely in connection with its utility for resale to individual residential
own manufacturing operations; or or commercial consumers occupying
property owned or otherwise lawfully
(4) Public lodging establishment providing controlled by that master metered
such utility service(s) solely in connec- customer.
tion with lodging service to its guests; or
Utility company: A telephone, electric, gas,
(5) Landlord or homeowners' association cable, etc. company such as, but not limited to,
providing such utility service(s) to their Florida Power and Light, Spring, Comcast and
own tenants or unit owners without Time Warner.
specific compensation for any such util-
ity service; or Utility construction document: See definition
under construction document.
(6) Potable water system and/or wastewater
system which has a rated capacity (at Utilities performance security (UPS): A
maximum day system peak) of less than performance bond, cash bond, irrevocable letter
2,000 gallons per day per utility service; of credit, or other authorized form of security
or furnished by the developer to the county or the
(7) Utility deriving less than 50 percent of district, prior to recording of plat or conveyance
of utility facilities, (potable water and/or
its revenues from unincorporated areas wastewater facilities) and/or non-utility facili-
of the county, with the balance derived ties (reclaimed or supplemental water facilities)
from the incorporated area. Any Utility to guarantee the construction, workmanship
which derives 50 percent or more of its and/or materials for the warranty period after
revenues from the unincorporated areas the utility system(s) or portion(s) and the non-
of the county shall be subject to the utility facilities and portions thereof have been
provisions of this ordinance only as they conveyed to the county,district,or other appropri-
relate to rates, fees, and charges charged ate water-sewer district. (Refer to section 134-
by the utility in its unincorporated area(s); 58(e): Utilities performance security.)
or
(8) Utility system that is then serving less Warranty period:A one-year timeframe follow-
than 100 customers with non-potable ing recording of the conveyance documents during
irrigation water, potable water and/or which the County holds the developer's utilities
wastewater service. For the purpose of performance security.
this subparagraph, a "customer" is not Wastewater: The combination of liquid and
each individual served. Each residence, water-carried pollutants from residences, corn-
apartment unit,condominium unit,office mercial buildings,industrial plants, and institu-
or other unit of a building or structure, tions,together with any groundwater infiltration,
each mobile home, each recreational surface runoff, or leachate that may be present.
vehicle, etc., is one customer. A duplex is
two customers; a triplex is three custom- Wastewater facility: The structures, equip-
ers, etc. ment and processes required to treat and store
domestic and industrial wastes, and dispose of
(9) Systems solely for tenants or occupants the effluent and sludge.
of: governmental buildings, religious,
educational or cultural institutions or Wastewater system:Any and all plant, system,
facilities, or for recreational, scientific or facility or property, and additions, extensions
institutional facilities. and improvements thereto at any future time
Supp. No. 99 CD134:22
UTILITIES § 134-56
constructed for acquisition as a part thereof, (b) Abbreviations.
useful, necessary or then having capacity for
future use in connection with the collection and ANSI American National
treatment of wastewater, and/or disposal of Standards Institute
wastewater effluent of any nature, originating ASTM American Society for Test
from any source,and without limiting the general- ing and Materials
ity of the foregoing; includes treatment plants, AWWA American Water Works
Association
pumping stations, lift stations, deep injection BCC Board of County Commis-
wells, valves, force mains, intercepting sewers, sioners
laterals,pressure lines, mains, and all necessary CCWSD Collier County Water-Sewer
appurtenances and equipment; also includes all District
wastewater mains and laterals for the reception CPI Concrete Pipe Institute
and collection of wastewater from premises con- CUE County Utility Easement
nected therewith; also includes all real and DCA Department of Community
personal property and any interest therein,rights, Affairs
easements, and franchises of any nature relating DSAC Development Services
to any such system and necessary or convenient Advisory Committee
for the operation thereof. ERP Environmental Resource
Permit
Water facility: The structures, equipment and FAC Florida Administrative
processes required to treat and store water. Code
Water service: A water service installation FDEP Florida Department of
Environmental Protection
which includes:tapping saddle,corporation stop, FDOT Florida Department of
service line and radio read meter installation, Transportation
meter box, wye, curbstop, and backflow preven- GIS Geographic Information
tion device,if required,extended to property line System
or utility easement limit. GMD Growth Management
Water-sewer district: See definition under Col- Department
lier County Water-Sewer District. LDC Land Development Code
MSW Municipal Solid Waste
Water system: Any and all plant, system, NAD North American Datum
facility or property, and additions, extensions NEC National Electrical Code
and improvements thereto at then future times, NEMA National Electrical
constructed or acquired as a part thereof, useful Manufacturers Association
or necessary or having the then present capacity NFPA National Fire Protection
for future use in connection with the develop- Association
ment of sources, treatment or purification and NPDES National Pollutant
distribution of potable water, and,without limit- Discharge Elimination
ing the generality of the foregoing, includes System
dams, reservoirs, storage tanks, lines, valves, NWRI National Water Research
Institute
pumping stations, laterals and pipes for the PE Professional Engineer
purpose of carrying potable water to the premises PUD Public Utilities Department
connected with such system; also includes all (can also mean Planned
real and personal property and any interest or Unit Development)
rights therein, easements, and franchises of any PWA Preliminary Work
nature whatsoever relating to any such system Authorization
and necessary or convenient for the operation ROW Right-of-Way
thereof. SDP Site Development Plan
SFWMD South Florida Water
Management District
Supp. No. 99 CD134:23
§ 134-56 COLLIER COUNTY CODE
SIP Site Improvement Plan
UPS Utilities Performance
Security
USACE U.S. Army Corps of
Engineers
WEF Water Environment Federa-
tion
(Ord. No. 04-31, § 6; Ord. No. 07-60, § 1; Ord.
No. 2018-36, § 1; Ord. No. 2021-24, § 1)
Sec. 134-57. Policies and standards.
(a) Utility service:Availability of service from
the district.
(1) As a requirement to developer's submit-
tal of construction documents, developer
shall obtain prior written verification
from the public utilities department
regarding service from the district,which
shall: (i) ascertain the current status of
utility service from the district, if any;
(ii) identify restrictions, if any, of avail-
ability of such service(s);and(iii)provide
pertinent facts regarding location and
availability of district's existing and/or
then proposed district utility system(s).
The department shall respond in writing
to all such requests.
(2) Service from the district not readily avail-
able. Service from the district is not
"readily available" except to the extent
that the extension of the district's utility
facilities is then a planned five-year capital
improvement program in the then cur-
rent Collier County Water and/or
Wastewater Master Plan,and the respec-
tive plan's extension to the project site is
planned to commence within five years
or less from the time of the inquiry from
the developer to county staff for such
service(s). If an extension of the district's
facilities to the respective project is
planned to commence within five years
according to the then applicable master
plan, but the applicant desires that such
then planned time schedule be acceler-
ated in time, the developer may negoti-
ate a utility facilities extension agreement
with the district, (which agreement may
include upsizing provisions.
Supp. No. 99 CD134:24
UTILITIES § 134-57
(3) Development project extending its utility responsibility of the county or the district,
facilities to the district's system if con- fiscally and otherwise(time and schedule).
nections to interim facilities are not avail- Each such interim service agreement
able. If the district's respective utility (between the project and the other utility
system does not have access "readily or utility service provider) must be
available" to serve the respective project executed by the other utility or service
in the district's service area (as such provider, by authorized representatives
service availability is then specified in of the project to be served,by the district
the respective master plan as described and by the board.
herein),extensions of the project's utility
facilities to the district's infrastructure (5) Interim utility facility. Provided (a) the
will be required unless interim service is project extending its utility facilities to
available from another utility as speci- the district's system is not feasible, and
feed below. No such extensions shall be (b) interim service from another utility
any responsibility of the county or the or other service provider is not feasible,
district, fiscally and otherwise (time and and(c)a utility facilities extension agree-
schedule) and such facilities must be ment(Form 1)is not feasible,and provided
dedicated to and accepted by the district the proposed interim utility facility/
at no cost to the district before any such system is then a lawful use at the project
respective utility service from the district site (in accordance with the county's
commences. LDC and all applicable laws, ordinance,
rules, regulations, and relevant written
(4) Interim service provided by another util- agreements, if any), the project's
ity service provider until district's facili- representatives may apply to staff to
ties may become available. If it is request authorization for an interim
determined by the county staff, in service facility/system by entering into
consultation with representatives of the an interim facility/system agreement(see
project desiring the utility service(s),that Standard Form 1, herein below). Each
neither of the above-stated two alterna- such service agreement must be executed
tives (extension of the project's utility by authorized representatives of the
facilities to the district's system, or a project to be served by the interim utility
utility facilities extension agreement to facility, by the district and by the board.
extend the district's facilities to the project
earlier than contemplated in the then (6) Adequate public facilities letter. In the
applicable master plan) is feasible, only event the proposed development is outside
interim service from another utility the service area of the CCWSD, but
(governmental,municipal or private)can within the then certificated service area
be authorized by the public utilities of any another utility or utility service
administrator or designee by means of provider, that utility or utility service
agreement. The utility administrator or provider shall submit an adequate public
designee on behalf of the district may facilities letter to GMD. That letter must
authorize the other utility to provide prove that prompt availability of such
interim service to the project, in accord service is available to adequately provide
with paragraph 10 of Section 5 of Chapter the utility service(s) and must
2003-353,Laws of Florida,the district as demonstrate that the entity can and will
a matter of that law cannot and shall not provide service to the proposed develop-
approve any expansion of any permanent ment in accordance with Chapter 64E-6
utility facilities from any such other util- F.A.C. for water and wastewater service
ity or utility service provider into or systems having a capacity not exceeding
within the district's then existing service 10,000 GPD;also in accord with Chapters
area. No such extension shall be any 62-550 and 62-555 F.A.C. for water
Supp. No. 79 CD134:25
§ 134-57 COLLIER COUNTY CODE
systems having a capacity of greater ment department,written approval from
than 10,000 GPD, and/or with Chapter the engineering review services division
62-600 F.A.C. for wastewater systems director(county engineer) or designee of
having a capacity of greater than 10,000 the utility portion of the construction
GPD. The adequate public facilities letter documents for the potable water, non-
must clearly describe the type and capac- potable irrigation water and/or wastewater
ity of the utility services that is available system(s)or portion(s)thereof is manda-
in accordance with the then existing tory before the county or district executes
standards in Chapter 64E-6 F.A.C. or and releases applications for any required
Chapter 62-600 F.A.C.,as applicable,and FDEP permits. Prior to commencement
must include all restrictions or require- of construction, FDEP permit must be
ments the utility (or service provider) issued. With respect to development of
may have regarding the issuance of a and/or construction activities for an
binding written commitment for such interim utility system, the development
service(s) to the proposed project. In the may obtain executed FDEP permit
event that potable water, non-potable applications prior to engineering review
irrigation water and/or wastewater service services division director(county engineer)
is not readily available to fully serve the final written approval of construction
proposed project,it shall be the developer's documents. Under no circumstances shall
responsibility to extend and/or improve construction commence with regard to
such service so that such service(s) can the interim utility system until the
be utilized, or clearly and fully detail the construction commencement criteria in
steps that will be taken to be served with subsection 134-58(f) herein have been
interim utility services. All F.A.C. provi- satisfied. With respect to those service
sions referred to herein that are areas outside the CCWSD, copies of all
renumbered shall be fully applicable. approved FDEP construction and operat-
Refer also to this article's definition of ing permits shall be submitted to the
adequate public facilities letter, which is county or district immediately upon issu-
incorporated herein. The GMD ance and receipt.
administrator or designee may require
additional information from the utility (2) With respect to the FDEP certification of
(or other service provider) in addition to completion of construction forms, the
the adequate public facilities letter, engineering review services division direc-
whereby the utility (or other service tor (county engineer) or designee will
provider)must prove to staffs reasonable have the forms executed by the public
satisfaction that the required service(s) utilities division after they receive the
are readily available and will be provided preliminary inspection approval letter
promptly. If requested by staff,the other during the preliminary acceptance process.
utility(or service provider),at no expense The engineering review services division
to the county, shall promptly provide director (county engineer) or designee
staff with a capacity analysis report for will release the forms after review and
such utility service(s), as well as such approval of the required utility convey-
other additional information as may be ance checklists items in the standards
requested by staff. The burden of proof is manual per preliminary conveyance policy.
on the utility or service provider. (c) Design and performance standard manu-
(b) FDEP permits. als and publications. The minimal, but manda-
tory, utility design requirements of this article
(1) With respect to development and/or are established by the most recent technical
release of FDEP construction permit standards,procedures and criteria as set forth in
applications from the growth manage- the latest edition(s) of the publications and
Supp. No. 79 CD134:26
UTILITIES § 134-57
standards listed in the standards manual. The district shall comply with the requirements of
minimal, but mandatory, utility design require- law, as set forth in the Florida Statutes, and
ments set forth in the standards manual are applicable county resolutions. (Refer to section
incorporated herein and are,thereby,an integral 134-60: Utility conveyance procedures herein.)
part of this ordinance. Deviation from the (g) Utility easement.
established criteria,as set forth in the standards
manual, is not precluded, provided that, the (1) All uses of Collier County Utility Ease-
engineer of record shall provide,for county water ments(CUE)shall be in accordance with
or wastewater director review,a design deviation this ordinance or other board approved
based on such rational criteria that promotes, uses and shall be for the exclusive sub-
protects, and/or improves the public's health, surface use of the board or other county
safety and welfare and upon such showing, or district approved uses. All CUEs shall
receives the county's or district's prior written comply with relevant LDC requirements,
approval. Neither county nor district approval unless specifically authorized to do
shall be granted to any proposed design that otherwise in writing (in the form of a
jeopardizes the public health,safety and welfare, utility deviation form)by the public utili-
or that would result in a system performance ties department administrator or
less than that which would be provided to the designee(s). Any use, other than service
public by adherence to the recognized and accepted crossings,of a CUE that is not authorized
industry standards set forth in the manuals/ by the county or district and/or approved
publications listed in the standards manual. by the board is prohibited. Any use of a
CUE that creates a hazard or potential
(d) Owner's responsibilities to maintain or hazard to the potable water, non-potable
repair interim utility facilities. Project develop- irrigation water and/or wastewater
ers, their successors, or assigns, that own the system(s) or portion(s) thereof or to the
respective interim utility facilities and/or system(s) employees of the board/county/CCWSD
shall be responsible to maintain, repair and/or in the performance of their duties is
replace all interim facilities and/or systems, prohibited. Private road rights-of-way
including all costs,if any,incurred by the county with CUE overlays are exempt from the
or district to maintain and/or repair interim exclusive use provision,however,all design
utility facilities in compliance with this ordinance setback and construction requirements
and with all applicable standards and regula- of the ordinance shall be adhered to.
tions, including FDEP potable water and/or
wastewater quality regulations and other regula- (2) Privately-owned utilities may be allowed
tions. Such costs shall be borne by the develop within a CUE, subject to prior approval
ers, their successors, or assigns of such facilities by the engineering review services divi
and/or systems, including homeowner's associa-
tions and similar associations,as applicable,and with coordination with the transporta-
shall run with the land (where such facilities tion services division and/or the public
and/or system are located)until,if and when,the utilities department, and provided that
interim facilities and/or interim facilities are such privately-owned utility does not
connected to the Collier County Water-Sewer hinder operation and/or maintenance
District's system. and/or repair activities and does not create
an unnecessary financial burden to the
(e) Construction observation and inspection. rate payers of the district. Aboveground
See subsections 134-59(a) and (d). improvements such as, but not limited
to,paved parking,decorative walls and/or
(f) Utilities conveyance and acceptance. The landscaping may be permitted to be
transfer of ownership of any utility facility, installed within a CUE by the grantor,
including any interim utility facility, and/or any its successors or assigns. However, all
reclaimed water system or portion thereof,to the costs and expenses of any and all repairs,
Supp. No. 79 CD134:27
134-57 COLLIER COUNTY CODE
replacements, maintenance and restora- documents, together with the associated plat,
tions of all such improvements shall be have been reviewed and approved pursuant to
the sole financial responsibility of the the LDC, and all appropriate potable water,
grantor, its successors or assigns. These non-potable irrigation water and/or wastewater
cost obligations shall be clearly stated on system impact fees, connection fees and the
the approved plans,record drawings,and, county's costs or district's costs,if any, of making
if applicable,in the homeowners'associa- emergency repairs or maintenance to the utility
tion documents but failure to state such facilities before final acceptance of the utility
obligations shall not affect these obliga- facilities have been paid. The developer shall be
tions. responsible for coordinating development activi-
(3) Combined water-wastewater easements ties with the county, and shall ensure that all
necessary utility construction documents, plats,
shall be agreed upon on a case-by-case
etc., are submitted for review and approval.
basis, dependent on depth of lines and
shall not be combined, unless and until Temporary use permits shall be exempt from the
utility construction document approval require-
approved by the engineering review
services division director(county engineer)
ment prior to building permit approval, unless
or designee. specific conditions preclude such exemption.
(4) Width of easements. (i) Certificates of occupancy. A certificate of
a. Minimum width of potable water occupancy shall not be issued for any structure
main,force main,and/or non potable prior to preliminary acceptance of all potable
water, non-potable irrigation water and/or
irrigation main easements shall be
15 feet. wastewater systems required by this ordinance
or the LDC.
b. Minimum width of gravity (Ord. No. 04-31, § 7; Ord. No. 07-60, § 2; Ord.
wastewater easements shall be twice No. 2018-36, § 1)
the depth of the bottom of the line
or 15 feet,whichever is greater;and Sec. 134-58. Construction approval and
c. Lift station easements shall be at document submissions.
least twice the depth by twice the
depth of the lift station inside-of- (a) General. This section establishes the
wetwell bottom or 30 feet by 30 feet, county's or district's minimum requirements,
whichever is greater; and pursuant to,or in addition to,the minimum LDC
requirements for the submission of the following
d. Combined water-wastewater ease- construction documents by the developer, owner
ments shall be agreed upon on a and/or contractor, for county or district review;
case-by-case basis, dependent upon however, the engineering review services divi-
depth of lines. sion director (county engineer) or designee or
e. In the event that the CUE(s) do not district staff may require additional data, as the
provide the county/district with full, county or district staff deems necessary,in order
adequate physical access to the to complete its review of:
respective utility facilities,the county (1) Potable water,non-potable irrigation water
must be provided with other writ- and/or wastewater system(s) or por-
ten rights of physical access to such tion(s) thereof for projects proposing to
utility facilities. connect to existing potable water, non-
f. For well easements, refer to the potable irrigation water, and/or
LDC. wastewater systems; and
(h) Building permits—Connection fees and (2) Potable water,non-potable irrigation water
charges. County shall not approve the issuance and/or wastewater system(s) or por-
of a building permit until the utility construction tion(s) thereof for projects proposing to
Supp. No. 79 CD134:28
UTILITIES § 134-58
be served by interim potable water, non- b. Location of project.
potable irrigation water and/or wastewater c. Type of utility construction proposed.
treatment systems.
Where practical, as determined by the d. Estimated number of potable water,
county staff during the plan review non potable irrigation water and
process, potable water distribution main wastewater users to be served by
extensions shall be looped to county the proposed construction.
(district) potable water transmission e. Explanation of what action the
mains. Water distribution mains at culs- county or district is being requested
de-sac, if not looped, shall have a flush- to take regarding the materials
ing device at the end of the line. submitted.
(b) Construction documents. f. List of documents attached.
(1) Preparation of construction documents. g. Engineer's report. A concise report
Construction drawings and technical summarizing the proposed construc-
specifications for the construction,exten- tion including connections,phasing,
sion and/or modification of potable water, assumptions, and estimated total
non-potable irrigation water and/or flows.
wastewater system(s)or portion(s)thereof 1. In the event the proposed
shall be prepared by,or under the supervi- construction is part of a
sion of, and shall be certified by, the proposed subdivision develop-
engineer of record,a professional engineer ment and plat review process,
licensed to practice in the State of Florida, applicant shall additionally
under F.S. ch. 471. follow, unless otherwise set
(2) Pre-submittal conference. It is required forth herein, the "development
that prior to initial submission to county requirements" procedures set
staff of construction documents,the owner, forth in LDC,as then amended.
developer or authorized agent, (the 2. The county requires complete
"applicant") confer with the public utili- data and information with this
ties representative and community initial submission in order to
development and environmental services efficiently provide the neces-
representative to obtain information and sary review. For this reason, a
guidance, and to initiate an informal "standard transmittal" form
preliminary review,pursuant to the LDC, will not be acceptable for the
as may be amended, before substantial initial submission. However,
commitments of time and/or money are transmittal forms may be
made in preparation and submission of utilized for the subsequent
further documentation. submittal of revised documents,
(3) Submittals. Unless instructed otherwise additional items requested by
at the pre-submittal conference, initial the county staff and other
submittal of construction documents, information pertinent to the
together with any supportive materials, review and approval process.
shall be submitted to the community (4) Schedule of fees and charges. The board
development and environmental services shall by resolution establish a schedule
administrator or designee and shall be of fees and charges for construction plan
accompanied by a descriptive cover letter. review and inspection services. The
Such cover letter shall contain, but not schedule shall be posted in the growth
be limited to, the following: management department. The resolu-
a. Project name. tion shall be filed with the clerk to the
Supp. No. 79 CD134:29
l 134-58 COLLIER COUNTY CODE
board.The schedule may be revised pursu- cal specifications into the construction
ant to standard resolution adoption and drawings, in lieu of a separate set of
amendment procedures. The construc- written specifications as described above,
tion document review fee shall be submit- shall not be acceptable. The construction
ted with the construction document documents shall be submitted to the
submission. The construction document community development and
review resubmission fee shall be required environmental services administrator or
if the county's staff requires a third designee for review and written approval
review in addition to the initial review prior to the commencement of construc-
and one resubmission. The resubmission tion. The construction documents shall
fee shall be submitted at the time the include, but not be limited to:
third submission is made. The construc- a. Cover sheet with location map;
tion inspection fee shall be submitted
prior to the final construction plan b. Site utility master plan, indicating
the overall site development and all
approval. The construction document
modification fee shall be submitted upon proposed utility additions, exten-
written request by the county staff prior sions and/or improvements includ-
to final approval of the modifications ing easements, with references to
requested. The developer shall be the appropriate plan and profile
responsible for the payment of all fees sheets. If phasing of the project is
identified above. proposed, phases shall be indicated
on this drawing. For proposed points
(5) Plans, specifications and cost estimate. of connection to existing potable
The engineer of record shall furnish water, non-potable irrigation water
complete sets of the construction draw- and/or wastewater systems,the site
ings and technical specifications utility plan shall indicate the method
(engineer's report) as required by the and materials to be used. Actual
growth management department (a set location of existing sewer mains
of bound technical specifications shall be and/or laterals, potable water lines
provided for community development's and non-potable irrigation water
master file if not already done so). lines and/or stubs shall be shown,
Construction drawings shall be prepared where applicable;
on standard size 24"x 36"sheets. Techni-
cal specifications (the engineer's report) c. Identification of individual lots for
shall be typewritten on 8-1/2"x 11"sheets subdivisions and/or buildings and
and bound in an acceptable manner. structures for condominiums,multi-
Technical specifications (the engineer's family projects, etc;
report)shall include an estimate of prob- d. For all projects, the proposed meter
able construction costs, prepared by the location(s) shall be illustrated. All
engineer of record,which contains a sum- commercial facilities must be
mary of quantities and estimate of metered separately from residential
installed cost for the potable water, non- facilities with the exception of those
potable irrigation water and/or wastewater commercial facilities that are within
system(s) or portion(s) thereof proposed a master metered residential
for construction. The cost estimate shall development and designed for the
be prepared by the engineer of record exclusive use of the residents within
and submitted in itemized form to include such development. Final meter sizes
the cost of all required improvements shall be determined by the Collier
and/or the contract bid price for all work County Public Utilities Engineering
necessary to complete the required Department Director or designee,
improvements. Incorporation of techni- and the construction document shall
Supp. No. 79 CD134:30
UTILITIES § 134-58
note if water services are to be ment restoration,backfill standards,
installed by others. For preliminary compaction requirements, etc.,
meter sizing, see Consolidated regarding work within the public
Impact Fee Ordinance No. 2001-13, rights-of-way or CUEs shall be
as amended, superseded or governed by the rules and regula-
consolidated; tions established by the public utili-
e. All existing utility easements on ties department as outlined in the
the particular property shall be standards manual. Standard details
shown on the drawings. Proposed involving these items shall reflect
easements may be required to be the requirements of the public utili-
shown if the site working space is ties department;
confined, as determined by county h. Complete lift station drawings,
staff on a case-by-case basis. Ease- specifications, as required, and
ments required to be shown shall be details including shop drawings,
clearly labeled and shall show the when necessary, shall be required.
width and limits (refer to 134- A special site plan of the lift station
57(g)); and appurtenances shall be provided.
f. Plan and profile sheets shall indicate This plan shall contain specific
the horizontal and vertical locations details on the configuration of the
for all potable water, non-potable station, location of appurtenances
irrigation water and/or wastewater such as electric service and
additions,extensions and/or improve- transformers, guard posts, control
ments,including all appurtenances, panel,fencing,landscaping,etc.,and
as well as other proposed and/or the proposed location with respect
existing system(s) or portion(s) to roadways,sidewalks or bike paths,
thereof, together with all conflicts driveways and proposed or existing
in the same general location. Special rights-of-way or utility easements;
profile sheets shall be required when
unique situations or complex conflicts i. Potable water and wastewater
occur that cannot be clearly detailed system hydraulic calculations;
on standard plan and profile forms. j. A symbols and abbreviations legend;
Profiles shall be positioned on the
sheet directly below the plan sec- k. A list of all county or district inspec-
tion they are illustrating, with the tions that require 48-hour notice;
exception of utilities that are not
eligible to be owned and maintained 1. A statement as to who owns and
by the county or the district. For maintains the onsite potable water,
such utilities that are not owned non-potable irrigation water and
and maintained by the county or wastewater systems(refer to subsec-
the district, profiles shall be tion 134-60(d): record drawings
provided, but do not have to be herein).
positioned on the sheet directly below (6) Connection to noncounty-owned
the plan section; wastewater systems. When connection to
g. Potable water, non-potable irriga- a central wastewater system, other than
tion water and/or wastewater those owned and maintained by the
standard details. Use of the techni- county, the district, or other appropriate
cal standards contained in the water-sewer district, is proposed, the
standards manual shall be required requirements of section 66-2 of the Col-
for all construction projects. Pave- her County Code of Laws and Ordinances
Supp. No. 79 CD134:31
l 3 134-58 COLLIER COUNTY CODE
and amendments thereto shall be satis- (2) Upon completion of the potable water
fled and shall comply with subsections system construction,the engineer of record
134-57(a)—(e) herein: shall provide to the community develop-
(7) Rights-of-way permits. Construction ment and environmental services
within dedicated public rights-of-way shall administrator or designee field fire flow
require an approved permit from the testing documentation by the appropri-
appropriate governmental county, state ate fire control district that establishes
and/or federal agency. A copy of the that adequate fire-flow capabilities exist.
approved permit shall be submitted to The engineer of record must incorporate
county staff, prior to the project pre- demand capacity and meter-sizing data
construction meeting. Utility construc- establishing that the water meter selected
tion within a right-of-way owned by the does pass the total flows required by the
State of Florida, shall require a FDOT project in the engineer's report for projects
utility permit. When companion FDEP that are to utilize a master water meter
permit applications must be obtained, to which fire hydrants shall be con
they will be released for processing prior netted.
to final FDOT permit approval, provided (3) The county water-sewer district shall not
the construction documents are satisfac- be responsible for, and shall be held
tory to the public utilities administrator harmless from,any damages or loss result-
or designee. ing from inadequate sizing of a water
(c) Fire control district approval. meter to supply fire flow in addition to
concurrent domestic demand for a
(1) All construction drawings containing particular project. Data on the meter
potable water distribution systems or sizing analysis shall also be contained in
v portion(s) thereof shall be reviewed by, a hydraulic design report required in
and shall require written approval by, subsection 134-58(b)(5). Per F.A.C.
the appropriate independent fire control 4A-46.041, the county shall not own,
districts. Fire hydrant location design maintain and test fire lines, such owner-
shall be in compliance with the LDC or ship is the responsibility of the applicable
NFPA regulations, latest edition, fire district.
whichever is more restrictive. The fire
control district shall provide the county (d) Plats.
staff with a letter approving the number (1) A copy of the proposed plat for new
and location of the fire protection facili subdivisions that contain potable water,
ties to serve the project. This letter shall non potable irrigation water and/or
contain an agreement by the fire control
district to accept the ownership and wastewater system(s)or portion(s)thereof
maintenance responsibilities for the shall be submitted with the construction
hydrants after construction is complete drawings to the county staff for review
pursuant to the established policy of and approval. All utility easements that
each individual fire control district in will be required for the potable water,
effect at such time. The public utilities non-potable irrigation water and/or
department will be responsible for the wastewater system(s)or portion(s)thereof
fire hydrant lead,up to and including the shall be shown on the plat, if possible.
gate valve as specified in the standards Further,the dedication block on the cover
manual, unless the fire districts do not sheet shall contain the following state-
accept ownership of the fire hydrants ments:
and leads after the isolation valve, in a. That all utility easements for potable
which case the entire lead and fire hydrant water, non-potable irrigation water
shall be dedicated to the district. and/or wastewater system(s)or por-
'"Supp. No. 79 CD134:32
UTILITIES § 134-58
tion(s) thereof and Ingress and required to furnish a utilities performance
Egress rights, where appropriate, security ("UPS") in an amount equal to
are provided to the Collier County 110 percent of the engineer's estimated
Water-Sewer District to operate and probable cost of construction for potable
maintain potable water,non-potable water,non-potable irrigation water(where
irrigation water and/or wastewater applicable) and/or wastewater system(s)
utility systems or portion(s)thereof or portion(s)thereof that will be conveyed
within the Platted Area after final to the District or $10,000.00, whichever
conveyance to the CCWSD; and, is greater. The developer shall submit
where applicable, to install the the UPS prior to recording the plat. The
CCWSD's connecting utility facili- UPS must be approved by the Collier
ties within such easement(s). County Attorney's Office prior to record-
b. Applicable potable water,non-potable ing the plat. A UPS is not required for
irrigation water and/or wastewater the construction phase of a project where
system(s) or portion(s) thereof the only water distribution, non-potable
constructed within this platted area irrigation water, and/or wastewater
in compliance with the require- infrastructure to be conveyed to the
ments set forth herein shall be District are service extensions to the
conveyed to the board as the ex- project boundary, provided the construc-
officio governing board of the water- tion cost of said service extensions does
sewer district upon acceptance of not exceed $100,000.00. Upon convey-
the additions, extensions and/or ance of utility system(s) or portion(s)
improvements required by the plat. thereof to the District,the developer may
request a reduction of the UPS for
(2) Final approval of construction docu- infrastructure installed and inspected to
ments for a project will not be made until an amount equal to ten percent of the
the board, pursuant to the LDC require- cost of utility construction but not less
ments, has duly approved the proposed than $10,000.00. Staff may summarily
plat. Plats submitted and approved by waive the UPS requirement when the
the board shall be in complete accordance utility facilities/systems are being
with this ordinance. Any requests for constructed by, or on behalf of, another
deviations from this ordinance shall be governmental entity, such as, but not
clearly outlined in the executive sum- limited to, the Collier County School
mary, with a copy sent to the affected Board, a fire district,the State of Florida
division(s). Deviations approved as part or any agency thereof, or the Govern-
of the plat shall not be valid unless ment of the United States or any agency
clearly outlined in the applicant's submit- thereof.
tal letter and a copy of such approval by (2) Whenever reasonably possible, the UPS
the public utilities department amount shall be based on the actual bid
administrator or designee(s) is provided. price of the potable water, non-potable
If a plat is not required for a specific irrigation water(where applicable)and/or
project, the engineer of record shall wastewater system(s)or portion(s)thereof
provide documentation confirming such that will be conveyed to the District.
so that the county staff may determine Whenever a bid price is utilized,a copy of
the extent of utility easements that must the accepted bidder's proposal form shall
be provided. be submitted with the UPS. An opinion
(e) Utilities performance security. of probable construction cost signed and
sealed by a Florida licensed professional
(1) Notwithstanding any other provision(s) engineer will suffice when the actual bid
in this ordinance, the developer shall be price is not available. The UPS shall be
Supp. No. 99 CD134:33
§ 134-58 COLLIER COUNTY CODE
held by the county or district until the water, non-potable irrigation water
end of the warranty period and shall and/or wastewater improvements;
secure and cover the performance of the or has failed to fully perform all
developer in constructing the permitted final acceptance obligations. Final
potable water,non-potable irrigation water acceptance obligations must be
and/or wastewater additions, extensions submitted to community develop-
and/or improvements in accordance with ment and environmental services,
the Manual. Acceptable UPS forms shall engineering services division.
be a performance bond, cash bond, b. The letter of credit is scheduled to
irrevocable letter of credit, or escrow expire prior to the end of the war
agreement. The UPS must specify that ranty period,as described in subsec-
the security shall not cease until a year tion 134-60(c)herein,and alternative
after the board has finally accepted the performance security has not been
utility system(s) that are covered by the provided and accepted in accordance
UPS. No other form of security will be with this ordinance within three
accepted unless a waiver of the require- business days prior to the expira-
ments herein is granted by the board. All
surety companies associated with a tion date.
performance bond shall hold a current (5) The UPS shall remain, at all times, in
certificate of authority, as issued by the full force and effect for the duration of
treasury department, as an acceptable the warranty period. Upon expiration of
surety on federal bonds under an Act of the warranty period, the county staff
Congress approved July 30, 1947. shall schedule an agenda item for the
(3) Attorneys-in-fact who sign a performance next available regular BCC meeting
bond must file with the bond a certified recommending return and release of the
copy of their power of attorney certificate. UPS to the developer's designated agent
The bond must either be signed, or after deducting all then known obliga-
countersigned by a Florida registered tions payable out of that bond.
agent. The surety shall be directly
responsible to the county and the district (fl Construction commencement. Potable water,
should the bond be utilized to complete non-potable irrigation water and/or wastewater
any repairs or work on the project. system construction shall commence only after
(4) The issuer of any letter of credit shall be receipt of the following:
a federally insured and regulated say- (1) Final written approval of the construc-
ings and loan association or commercial tion documents.
bank, authorized to do; and doing busi- (2) FDEP construction permits for the potable
ness,in the State of Florida. The place of water,non-potable irrigation water and/or
expiry must be in Florida. Any letter of wastewater systems.
credit must be irrevocable for at least 24
months and must apply to both the (3) Any other permit that may be required
construction obligations of the developer for potable water, non-potable irrigation
and all final utility acceptance obliga- water and/or wastewater construction,
tions, including late fees, and must be including, but not limited to SFWMD
acceptable to the Collier County Attorney. ERP, MSW, USACE dredge-fill, NPDES
The beneficiary of any letter of credit and FDOT permits.
shall be the board. The beneficiary of a
letter of credit provided as a UPS shall (4) Pre-construction meeting as outlined in
be entitled to draw on the letter of credit subsection 134-59(b) herein.
if: (g) Construction document modification. The
a. The developer has failed to construct engineering review services division director
or maintain the subject potable (county engineer)or designee,prior to commence-
Supp. No. 99 CD 134:34
UTILITIES § 134-59
ment of construction,must approve all modifica- material to a compacted height of one
tions to previously approved construction foot above top of pipe,(iii)full-time inspec-
documents. The engineer of record shall submit tion during laying and backfilling to a
a construction document modification including compacted height of one foot above top of
a written technical description of all modifica- pipe, or (iv) certification by a geotechni-
tions, any and all applicable fees, and revised cal engineer licensed to practice in the
construction drawings to the county staff for State of Florida that the native or exist-
written approval prior to construction. ing soils to be encountered during the
(Ord. No. 04-31, § 8; Ord. No. 07-60, § 3; Ord. construction of the underground utility
No. 2018-36, § 1; Ord. No. 2021-24, § 1) will be suitable for use as bedding and
fill material. If full-time inspection is the
Sec. 134-59. Construction observation and chosen alternative, such inspection shall
inspection. consist of on-site inspection by a non-
(a) General. county-government-employee licensed
professional engineer and/or qualified
(1) Installation of all potable water, non- inspector under the supervision of the
potable irrigation water and/or wastewater professional engineer performed (at no
systems or portion(s) thereof and/or con- expense to the county or district for
nections to existing utility systems within private projects) during the installation
the county shall be observed and inspected (laying and backfilling) of all potable
by qualified professional and technical water, or non-potable irrigation water
personnel as deemed necessary by the and/or wastewater systems or portion(s)
engineer of record. Construction observa- thereof. Record drawings shall state which
tion and inspection is required to ensure method was used to assure proper laying
that the system(s) or portion(s) thereof and backfilling of material.
accepted by the board have been installed
in accordance with the county staff (b) Pre-construction meeting.Upon county staff
approved construction drawings and approval of a project's construction documents,
technical specifications. Construction and prior to the commencement of construction,
observation and inspection is further a pre-construction meeting shall be conducted
necessary to ensure that the county and pursuant to the LDC. The pre-construction meet-
the potable water, non-potable irrigation ing shall be held in the offices of the county or,if
water and/or wastewater districts shall deemed appropriate, at the office of the engineer
receive utility systems or portion(s)thereof of record. Representatives of the county, the
that require minimum capital expenditure applicant(s), the engineer of record, the utility
for operation and maintenance. companies, the contractor and the developer
(2) Under no circumstances will the county shall attend the pre-construction meeting,unless
or the district accept anything less than waived by the county staff. At the pre-construc-
the following. To assure proper laying tion meeting, a schedule of construction activi-
and backfilling of utilities pipes and other ties and copies of all applicable state and federal
underground utility facilities that can be permits shall be provided to the county representa-
damaged by improper laying or backfill- tive(s). At least 48 hours written notice shall be
ing, a minimum of one or a combination provided for scheduling the pre-construction meet-
of the following methods shall be utilized ing with the county staff. Should any utility
at the election of the entity doing the construction commence prior to the pre-construc-
installation of the respective facilities:(i) tion meeting, the county staff shall have the
mechanical screening of native bedding right to require partial or full exposure of all
and backfill material to a compacted completed work for observation, inspection and
height of one foot above top of pipe, (ii) verification that utilities were installed in
importing of select bedding and backfill accordance with the approved construction docu-
Supp. No. 99 CD134:35
§ 134-59 COLLIER COUNTY CODE
ments and technical specifications. The owner, water and/or wastewater system(s) or
developer or authorized agent shall notify the portion(s)thereof requires a professional
county staff in writing of which one or a combina- engineer ("P.E.") to certify that the
tion of the following methods will be used to construction was completed in accordance
assure proper laying and backfilling of utilities with the approved construction plans
pipes: 1)mechanical screening of native bedding and technical specifications. The certifica-
and backfill material to a compacted height of tion must be based upon on-site observa-
one foot above top of pipe, 2) importing of select tion of construction;therefore,all potable
bedding and backfill material to a compacted water,non-potable irrigation water and/or
height of one foot above top of pipe, 3) full-time wastewater systems construction shall
inspection during pipe laying and backfilling to a require on-site construction observation
compacted height of one foot above top of pipe,or in compliance with the LDC and F.A.C.,
4)certification by a geotechnical engineer licensed Chapter 62-555.533, as may be amended
to practice in the State of Florida that the native hereafter. The construction observation
or existing soils to be encountered during the shall be performed by a P.E. licensed to
construction of the underground utility will be practice in the State of Florida or a
suitable for use as bedding and fill material. designated technical representative under
the P.E.'s direction.
(c) Construction scheduling.All potable water,
non-potable irrigation water and/or wastewater The P.E.'s certification of construction
system construction in right-of-way areas,includ- compliance with county staff approved
ing pressure testing and sewer lamping, shall be construction documents verifies that the
completed in accordance with the approved potable water,non-potable irrigation water
construction plans and technical specifications and/or wastewater systems or portion(s)
prior to proceeding with the stabilization of the thereof have been constructed in
roadway sub-grade. Installation of improve- accordance with record drawings. Refer
ments that would complicate corrective work on to section 134-60: Utilities conveyance
the potable water, non-potable irrigation water procedures.
and/or wastewater system(s)or portion(s)thereof, (2) Construction inspections by county
shall be considered in scheduling all adjoining representatives.
and/or related phases of the construction. The
County staff shall be notified within 24 hours, a. Upon final written approval of
with written follow-up, of any problems and/or construction documents by the
conflicts with the construction of the additions, county staff, the engineer of record
extensions and/or improvements as they affect shall be provided with a list of
the completion of the proposed system(s) or standard inspections that require
portion(s)thereof in accordance with the approved the presence of a county representa-
construction plans and technical specifications. tive. All required inspections shall
Failure to comply with this regulation shall be identified in the county's staff s
constitute just cause for the issuance of a stop approval letter for the project. The
work order by the county staff and the county engineer of record or applicant's
staff shall have the right to require partial or full contractor shall be responsible for
exposure of any related work which has been requesting county inspections based
completed, in order to observe, inspect, and upon the scheduling and progress of
verify that the utilities were installed in construction. Requests for inspec-
accordance with the approved construction plans tions shall be provided to the county
and technical specifications. staff at least 48 hours prior to the
requested inspection to allow
(d) Construction observation and inspection. scheduling of the county inspector.
(1) General. Pursuant to the F.A.C.,Chapter Verbal confirmation of the inspec-
62-555.533, the construction of potable tion time or a request to reschedule
Supp. No. 99 CD134:36
UTILITIES § 134-59
the inspection shall be made by the 9. Pigging and flushing of
engineer of record. During the county wastewater lines, force mains,
inspection,the engineer of record or potable water mains and non-
his/her designated representative potable irrigation lines.
shall be available on-site. * Note: full bore flushing and
pigging of potable water lines
b. Routine county inspections shall be need only water division inspec-
performed without notice on all tion.
potable water, non-potable irriga-
tion water and/or wastewater 10. Television video taping of
systems construction to ensure wastewater lines at end of
compliance with county approved construction and the warranty
construction documents. In the event period ("in-office review").
the county inspector,or an employee 11. Conflict construction.*
of the public utilities department, 12. Connections to existing potable
during an on-site inspection, finds water, non-potable irrigation
construction in progress which does water and wastewater
not comply with the procedures and systems.*
policies contained herein and/or the 13. Eight-inch diameter or larger
approved construction documents, casing installations.*
the county inspector,or employee of
the public utilities department shall 14. Other special requirements as
have full authority to issue a stop specified by the county staff at
work order. Such stop work order the time of construction docu
shall remain in full force and effect went approval.
with respect to the non-compliant 15. Chlorination of water lines and
work until the documented reflushing of line after chlorina-
discrepancies have been corrected tion(needs only water division
to the full satisfaction of the public inspection only).*
utilities department. Construction- 16. Installation of temporary
related inspections,where applicable, meters/backflows.*
shall include, but not be limited to, 17. Bacteriological sampling(needs
the following: water division inspection only).*
1. Hot taps to potable water lines 18. Hot taps to any water concrete
larger than six inches and mains, pressure tests on lines
wastewater systems lines 20" and greater, and connec-
greater than four inches.* tions to existing potable
2. Master meter and bypass systems greater than 12" need
to be inspected by the water
piping. division and GMD.*
3. Jack & bore casings.* 19. Fire flow testing.
4. Pressure tests.* *An inspector on behalf of the county or
5. Infiltration/exfiltration tests.* other qualified employee of the county
must be present during inspections
6. Lift station installation, prior marked with an asterisk.
to cover-up and start-up.*
7. Lift station start-up.* (e) Final utility inspections.Final utility inspec-
tions procedures run with all land in, on or over
8. Lamping of sewer lines.* which the respective utility facilities have been
Supp. No. 99 CD134:37
§ 134-59 COLLIER COUNTY CODE
installed (constructed). The final utility inspec- approval from the public utilities division, final
tion of the completed system(s) or portion(s) acceptance of such facilities and/or system may
thereof shall be required prior to final acceptance be approved by the board after all final acceptance
by the Board. During this inspection, the utility obligations and requirements have been complied
system(s)or portion(s)thereof shall be examined with. All facilities and/or systems shall be located
for any defect in materials and/or workmanship, within a CUE (or public right-of-way)if they are
and for physical and operational compliance to be owned, operated and/or maintained by the
with the county staff approved construction draw- county or the district. Neither the county nor the
ings. Refer to section 134-60: Utilities convey- district shall have no duty with regard to,or any
ance policies and procedures. responsibility for, any utility facilities until title
(Ord. No. 04-31, § 9;Ord. No. 2018-36, § 1; Ord. to such utility facilities has been finally accepted
No. 2021-24, § 1) by the board. Notwithstanding that neither the
county nor the district has any duty with respect
Sec. 134-60. Utilities conveyance policies to such facilities or systems, in the event that
county staff deems that due to necessity
and procedures.
(emergency) the county or the district should
(a) General.All utility facilities to be conveyed expend money and/or perform labor to repair,
to the county or district, at the time of convey- replace, maintain, relocate, remove or have a
ance to the county or the district must comply contractor or other entity perform any other
similar activity with regard to such utility facili-
with this ordinance and with all then applicable ties or system, the board is authorized to record
standards and specifications. Nothing in this a claim of lien against the property, site(s) or
ordinance requires that the county or the district units(s) that were responsible for such utility
must accept title to or any responsibility for any facilities (or system) at the time the county staff
utility facility, including each interim facility or deemed it necessary to act.
interim system, until the facility or system has
then received all proper permits/licenses from all (1) Potable water line acceptance. The board
applicable agencies prior to and during the may accept title to a potable water
construction, expansion, repair and/or distribution system provided all pipes to
maintenance or completion of each such utility be accepted are six inches or greater in
facility or interim utility facility or interim system diameter, and may accept title up to and
and the facility, interim facility and/or interim including the water meter and/or back-
system, then complies with all applicable rules flow prevention device. All such facilities
and regulations of all federal, Florida and/or must be located within acceptable CUE(s)
local regulatory authorities or agencies, and of conveyed to the county (refer to subsec-
this ordinance,the utility standards manual and tion 134-57(g)(4) for easement width)
all of the documents then incorporated by refer- and/or lawfully located within public right-
ence in that manual, and each such facility, of-way. Neither the county nor the district
interim facility and/or interim system is not then shall accept title to, nor responsibility to
under litigation,enforcement action,claims and/or repair or maintain, any dedicated fire
liens prior to the transfer and/or entering into a line irrespective of the size of the fire
facilities agreement associated with the district line.
or other independent district utility. Subject to
these requirements, potable water, non-potable (2) Gravity sewer line acceptance. The board
irrigation water and/or wastewater systems or may accept title to a gravity wastewater
portion(s) thereof, after public utilities depart- collection system provided all pipes to be
ment approval (if applicable), shall be offered to accepted are eight inches or greater in
be conveyed to and accepted by the board. The diameter. All such facilities must be
board will accept title to the offered facilities located within acceptable CUE(s)conveyed
unless in the specific instance there exists good to the county (refer to subsection 134-
reason not to accept title to such facilities. Upon 57(g)(4) for easement width) and/or law-
Supp. No. 99 CD134:38
UTILITIES § 134-60
fully located within public right-of-way. such service the project. The project
The county will accept ownership of these can be issued a deviation from this
facilities only from a manhole or cleanout connection requirement if the
located at the property line of the facility applicant can prove that the project
(project)running to the main wastewater is legally and/or physically incapable
gravity collection system. The minimum of being connected to the CCWSD's
acceptable as-built slope shall not devi- non-potable irrigation water system
ate by more than ten percent below the owner(s) shall bear the sole
allowable slope. responsibility of all costs associated
with any additions,extensions and/or
(3) Lift station and force main acceptance. improvements necessary to allow
The board may accept title to a wastewater connection to the county's (or
collection system, including force mains district's) non-potable irrigation
and/or lift station(s), provided all pipes water mains.
to be accepted are four inches or greater c. Exceptions to subsections 134
in diameter. All such facilities must be 60(a)(1) through 134-60(a)(4)b.
lawfully located within acceptable CUE(s)
conveyed to the county (refer to subsec- subsections 134
tion 134-57(g)(4) for easement width) 60(a)(1) through 134-60(a)(4)b., the
and/or lawfully located within public right- county or the district may accept
of way. title to,or responsibility with regard
to such facilities if in the specific
(4) Non-potable irrigation water main instance the public utilities
acceptance. administrator or designee, for
a. The board may accept for articulated reasons, determines in
owner-
writing that (i) it is in the county's
ship, operation and maintenance or the district's special interest, (ii)
non-potable irrigation water all exceptions are the public inter-
transmission systems with pipes six est,(iii)there are compelling reasons
inches or greater in diameter,includ for the exceptions and (iv) each
ing the master meter assembly,that exception is reasonably necessary.
are lawfully located within accept Each exception to any easement
able CUE(s) conveyed to the county requirement shall be granted only
(refer to subsection 134-57(g)(4) for through the application for devia-
easement width),or lawfully located tions process.
within public right-of-way. The board
shall not accept for ownership,opera- (b) Conveyance documents. Upon the county's
tion and maintenance any internal (or district's)final approval of construction docu-
non-potable irrigation systems that ments,engineering review services division direc-
are downstream of the master meter tor (county engineer) or designee shall provide
assembly. the developer with the county's checklist (see
b. All projects requiring irrigation shall standards manual appendix)of conveyance docu-
provide a non-potable irrigation ments required for submission at the time the
water distribution system with Pan- constructed system(s) or portion(s) thereof is
tone Purple 522C piping. If and considered for dedication to county or district.
when the project is legally and physi- (1) All conveyance documents, including but
cally capable of being connected, not limited to, deeds, bills of sale,
such system shall be connected to affidavits, easements, facilities agree-
the CCWSD'S system when the ments, subordinations, master
CCWSD's non-potable irrigation condominium/homeowner's association
water system is available to supply documents, letters of credit and UPSs,
Supp. No. 99 CD134:39
§ 134-60 COLLIER COUNTY CODE
shall be in a form acceptable to the (5) The applicant is strictly responsible to
Collier County Attorney. A schedule of keep staff promptly notified of current
standard legal document forms,approved and correct mailing addresses. Until the
by the county attorney, shall be utilized utility facilities being conveyed are finally
as a guide in the preparation of convey- accepted by the board, the applicant
ance documents. (Refer to section 134-64 shall inform county staff in writing (to
of this ordinance and Appendix D of the the address of 2800 N. Horseshoe Dr.,
Standards Manual.)Revisions to standard Naples, FL. 34104, Attn: Engineering
legal document forms as provided herein Services)of each and every change to the
shall be reviewed and approved by the applicant's street address, mailing
county attorney prior to submittal to the address,and/or telephone number(s). Such
growth management department. notice to staff shall not be effective unless
receipt of such notice is acknowledged in
(2) Each instruction in section 134-64 of this writing by staff and such receipt is
ordinance is a substantive provision of presented to the county staff by any
this ordinance that must be complied individual or entity asserting that such
with unless waived in writing by the notice had been delivered to staff. Absent
reviewing assistant county attorney with such written acknowledgement of receipt
regard to the specific document in the of the specific notice by staff, staff is
specific instance, and subject to such authorized to mail or otherwise deliver
conditions as may be required by that letters and/or other notice(s) to the last
attorney. known address of the applicant as such
address is then indicated in the respec-
(3) All documents shall be submitted to the tive utility conveyance documents file for
engineering review services division direc- that applicant, and such mailing shall be
tor (county engineer) or designee for effective notice to the applicant pursuant
review and written approval prior to to this ordinance.
preliminary acceptance of the utility (6) Exhibit B to the warranty deed, bill of
system(s) or portion(s) thereof and corn- sale or combined warranty deed/bill of
mencement of service. Recording of all sale shall be a sketch or other graphic
documents shall be made by the county representation showing the physical loca-
only after written acceptance by the corn- tion of the utility facilities being conveyed
munity development and environmental to the county or district. It is preferable
services administrator or designee. All that the Exhibit B be to scale. Each
documents recorded hereafter, which do Exhibit B must describe the facilities
not follow this procedure,shall be returned being conveyed by type (water line,
as "unacceptable." wastewater line, lift station, etc.).
(4) For projects where the potable water, (c) Inspection. County staff shall require a
non-potable irrigation water and/or final utility inspection of all potable water, non-
wastewater systems or portion(s)thereof potable irrigation water and wastewater systems
are not conveyed to the board,the record or portion(s) thereof constructed. The construc-
drawings shall contain a disclaimer stat- tion of all potable water, non-potable irrigation
ing: "On site potable water, non-potable water and/or wastewater systems or portion(s)
irrigation water and/or wastewater thereof shall be observed and certified by the
engineer of record and shall be inspected by the
systems shall be owned, operated and
maintained by the master condominium/ county. Refer to subsection 134-59(d): Construc-
homeowner's association, its successors tion observation and inspection.
or assigns" (or other comparable private (d) Record drawings.
ownership). Refer to subsection 134- (1) Record drawings shall accurately depict
60(d): Record drawings. the constructed configuration of all potable
Supp. No. 99 CD 134:40
UTILITIES § 134-60
water,non-potable irrigation water and/or performed by the water division laboratory at no
wastewater systems or portion(s)thereof. cost to the county or the district, with test
All revisions to county staff approved results submitted in writing to the engineering
construction drawings shall be precisely review services division director(county engineer)
identified and illustrated on the record or designee before 30 days of being placed in
drawings. All record drawings of utility service for transmission and/or distribution lines.
systems or portion(s)thereof that are not The public utilities department shall not process
being conveyed to the board shall bear, meter installations until bacterial tests have
on the cover sheet, a prominently been satisfactorily completed and submitted,
displayed DISCLAIMER, in bold letter- and the division has received the FDEP place-
ing at least one-quarter inch high, stat- ment in service approval letter or other FDEP
ing: "All on-site potable water, non- written approval. The developer shall be
potable irrigation and/or wastewater responsible for coordinating all aspects of submis-
systems shall be owned, operated and sion of necessary test results and/or State approv-
maintained by the private owner(s)and/or als for placement in service of the potable water
the master condominium/homeowners' system(s) or portion(s) thereof.
association, successors or assigns" (or
other comparable private ownership). (f) Final costs. The developer or engineer of
record shall submit to the engineering review
(2) Three sets of signed and sealed record services division director (county engineer) or
drawings for the potable-water or non- designee a detailed listing of all materials utilized
potable irrigation water OR wastewater in the utility system(s)construction. This schedule
systems to be conveyed shall be submit- shall include the description of items, quantities
ted to the county or district. If potable utilized, per unit cost and total cost for each
water AND wastewater, and/or non- individual item utilized in the potable water,
potable irrigation water systems or por- non-potable irrigation water and/or wastewater
tion(s) thereof are being conveyed, five system construction. The total cost of all items,
sets of signed and sealed record drawings including labor and installation costs, utilized
shall be submitted to the county staff. for the potable water, non-potable irrigation
Each sheet of the record drawings shall water and/or wastewater system shall be clearly
identify the entity that provided the record shown on the verification of final cost schedule.
data. Drawings shall be referenced to A UPS of ten percent will be calculated on the
and tie-in with the state plane coordinate verification of final cost schedule. Costs shall be
system, with a Florida East Projection, table separately for proposed county-owned
and a North American Datum 1983/1990 (certification of contributory assets-county) and
(NAD83/90 datum), and with United privately-owned (certification of private mate-
States Survey Feet (USFEET) units, as rial) infrastructure(s). These cost breakdown
established by a registered Florida listings will be for material costs only, exclusive
surveyor and mapper. of any and all labor and/or installation costs.
(3) Record drawings and digital files shall be (g) Test results. All test data, i.e., pressure,
submitted in accordance with the require- inflow and infiltration, etc.,required for submis-
ments in the Standards Manual. sion with the conveyance documents shall be
(e) Bacterial analysis. Bacterial analyses shall certified by an engineer licensed to practice in
be required for all new potable and raw water the State of Florida. Such certification shall bear
transmission and distribution systems or por- the raised seal and an original signature of the
tion(s) thereof to be constructed. Bacteriological engineer. Each certification shall contain computa-
samples for potable and raw water system tions illustrating the allowable limits for each
construction shall be performed prior to test based on current accepted test standards, as
preliminary acceptance of the system(s) or por- set forth in the standards manual, and the
tion(s) thereof. All such analyses shall be actual field test data obtained. Leakage within
Supp. No. 99 CD134:41
§ 134-60 COLLIER COUNTY CODE
potable water, non-potable irrigation water not fully corrected by the second submittal, the
systems and/or wastewater systems shall comply applicant shall pay a $500.00 re-submittal fee
with AWWA standards as specified in the Collier prior to a third review of any document by staff.
County Standards Manual. Wastewater system This fee can be reduced or waived by the county
infiltration/exfiltration data shall conform to a attorney for good cause in the specific case.
standard of 50 gallons/inch of diameter/mile/day
for all types of pipe and shall be in compliance (k) Failure to meet deadlines. In addition to
with the standards manual. Refer to subsection all other provisions of this ordinance, the
134-59(d)(2)b. for construction inspections requir- applicable individual or entity is strictly
ing county presence. Fire flow capacity within responsible to meet each and every specified
the water distribution system shall be verified deadline. Failure to meet any deadline shall
through field-testing by the appropriate fire automatically result in imposition of a $100.00
control district to demonstrate that required fire per day late fee against the defaulting individual
flow rates are available. Fire flow testing shall or entity for each day that the respective deadline
be performed during peak flow pressure condi- is not met. The deadline is not met unless the
tions as determined by the utility. respective document is actually delivered to staff
(h) Lift station submittals. A copy of the by the end of the day of the applicable deadline
manufacturer's startup report for each facility date. Staff is also authorized to withhold any
shall be provided with conveyance documents. and all other permits, authorizations and/or
Included with this report shall be a written permissions with regard to the property,or site(s)
verification from the electrical contractor for the or unit(s) served (or to be served)by the respec-
lift station verifying the wire type and size for tive utility facilities until the deadline obligation
the electric service and certifying that the volt- is complied with and the aforesaid late fees have
age drop across the service under full load been paid in full. Subject to staff attempting to
startup will not exceed five percent of the power provide at least 60 days prior written notice to
company's line voltage at the transformer sup- an applicable individual or entity then associ-
plying the station. All tools, such as access cover ated with the respective deadline defaulting
lock handles, valve wrenches, keys or panel property, site(s) or unit(s) being served with
locks, required for the ready access and use of utility service by the county or the district by
the facilities shall also be submitted to the means of the utility facilities, and unless waived
engineering review services division director for good cause by staff in the specific instance
(county engineer) or designee with the docu- upon written request for the delay filed by the
ments. defaulting individual or entity (or representa-
(i) Recordation fees. The developer of a project tive), failure to file any overdue required docu-
will be responsible for the payment of all records ment on or before its respective deadline date
tion fees associated with the utilities conveyance shall automatically impose the $100.00 per day
late fee and authorize staff to delay or terminate
procedures. The developer shall remit the total
amount of the recording fee associated with utility service to the respective delay defaulting
recording the conveyance documents to the property, site(s) or unit(s) to be served, or being
served, by the respective utility facilities. This
engineering review services division director
(county engineer) or designee prior to the final
60-day prior notice provision applies retroactively
acceptance of the potable water, non-potable to any and all overdue required document or
irrigation water and/or wastewater system(s) or item, including, but not necessarily limited to,
portion(s) thereof. all final acceptance obligations that before the
effective date of this ordinance had not been filed
(j) Reapplication fees. If more than two submit- by the applicable deadline date.
tals of any conveyance document(s) is required (Ord. No. 04-31,§ 10;Ord. No. 2006-48,§ 1;Ord.
because all insufficiencies specified in writing by No. 07-60, § 4; Ord. No. 2018-36, § 1; Ord. No.
the county attorney in any prior submittal are 2021-24, § 1)
Supp. No. 99 CD134:42
UTILITIES § 134-63
Sec. 134-61. Amendments. Sec. 134-63. Effective date.
County staff may recommend amendments to This ordinance shall become effective upon
this article (including the manual and docu- being filed with the department of state. Subsec-
ments incorporated by reference into the manual) tions 134-59(a) and (b) shall have a delayed
as may be deemed necessary or appropriate by effective date of July 1, 2004.
the public utilities administrator and, in case of (Ord. No. 04-31, § 16)
actual or possible conflict with the LDC, upon
the additional prior review by the growth manage-
ment administrator(it being understood that the
LDC controls to the extent of such conflicts).
Revisions to the standards manual should be
made periodically by the public utilities
administrator to reflect the best engineering
practices, technology advances, compliance with
other agencies, and public input, if any. Such
revisions shall also be reviewed by the parties
listed above. Revisions to the standards manual
must be approved by an advertised Resolution of
the board of county commissioners. Each such
resolution must be placed on the BCC agenda
under advertised public hearings or in the sum-
mary agenda section.
(Ord. No. 04-31, § 11; Ord. No. 07-60, § 5; Ord.
No. 2018-36, § 1; Ord. No. 2021-24, § 1)
Sec. 134-62. Penalties and enforcement.
Violations of the manual and/or each docu-
ment incorporated by reference into the manual
are violations of this ordinance. Section 1-6 of
the Collier County Code of Ordinances applies to
this ordinance, to the manual and to documents
incorporated by reference into the manual. In
addition, any person who violates any section or
provision of this ordinance, and/or the Collier
County Utilities Standards Manual and/or docu-
ments incorporated by reference into the manual
is also subject to be prosecuted and punished as
provided by F.S. § 125.69. Each day the violation
continues may constitute a separate offense at
the discretion of the enforcement forum. The
board may bring suit in the county court or
circuit court in and for Collier County for dam-
ages, to restrain, enjoin or otherwise prevent or
to correct each such violation of this article, the
manual and/or each document incorporated by
reference into the manual. This ordinance, the
manual and documents incorporated by refer-
ence into the manual may be enforced by Collier
County Code Enforcement Boards.
(Ord. No. 04-31, § 12)
Supp. No. 99 CD134:43
•
134-60 COLLIER COUNTY CODE
prior to a third review of any document by staff. ments incorporated by reference into the manual)
This fee can be reduced or waived by the county as may be deemed necessary or appropriate by
attorney for good cause in the specific case. the public utilities administrator and, in case of
(k) Failure to meet deadlines. In addition to actual or possible conflict with the LDC, upon
all other provisions of this ordinance, the the additional prior review by the growth manage-
applicable individual or entity is strictly ment administrator(it being understood that the
responsible to meet each and every specified LDC controls to the extent of such conflicts).
deadline. Failure to meet any deadline shall Revisions to the standards manual should be
automatically result in imposition of a $100.00 made periodically by the public utilities
per day late fee against the defaulting individual administrator to reflect the best engineering
or entity for each day that the respective deadline practices, technology advances, compliance with
is not met. The deadline is not met unless the other agencies, and public input, if any. Such
respective document is actually delivered to staff revisions shall also be reviewed by the parties
by the end of the day of the applicable deadline listed above. Revisions to the standards manual
date. Staff is also authorized to withhold any must be approved by Resolution of the board of
and all other permits, authorizations and/or county commissioners. Each such resolution must
permissions with regard to the property,or site(s) be placed on the BCC agenda under scheduled
or unit(s) served (or to be served) by the respec- public hearings or in the summary agenda sec-
tive utility facilities until the deadline obligation tion.
is complied with and the aforesaid late fees have (Ord. No. 04-31, § 11; Ord. No. 07-60, § 5; Ord.
been paid in full. Subject to staff attempting to No. 2018-36, § 1)
provide at least 60 days prior written notice to
an applicable individual or entity then associ-
ated with the respective deadline defaulting Sec. 134-62. Penalties and enforcement.
, property, site(s) or unit(s) being served with
utility service by the county or the district by Violations of the manual and/or each docu-
means of the utility facilities, and unless waived ment incorporated by reference into the manual
for good cause by staff in the specific instance are violations of this ordinance. Section 1-6 of
upon written request for the delay filed by the the Collier County Code of Ordinances applies to
defaulting individual or entity (or representa- this ordinance, to the manual and to documents
tive), failure to file any overdue required docu- incorporated by reference into the manual. In
ment on or before its respective deadline date addition, any person who violates any section or
shall automatically impose the $100.00 per day provision of this ordinance, and/or the Collier
late fee and authorize staff to delay or terminate County Utilities Standards Manual and/or docu-
utility service to the respective delay defaulting ments incorporated by reference into the manual
property, site(s) or unit(s) to be served, or being is also subject to be prosecuted and punished as
served, by the respective utility facilities. This provided by F.S. § 125.69. Each day the violation
60-day prior notice provision applies retroactively
to any and all overdue required document or continues may constitute a separate offense at.
item, including, but not necessarily limited to, the discretion of the enforcement forum. The
all final acceptance obligations that before the board may bring suit in the county court or
effective date of this ordinance had not been filed circuit court in and for Collier County for dam-
by the applicable deadline date. ages, to restrain, enjoin or otherwise prevent or
(Ord. No. 04-31, § 10;Ord. No. 2006-48,§ 1;Ord. to correct each such violation of this article, the
No. 07-60, § 4; Ord. No. 2018-36, § 1) manual and/or each document incorporated by
reference into the manual. This ordinance, the
Sec. 134-61. Amendments. manual and documents incorporated by refer-
ence into the manual may be enforced by Collier
County staff may recommend amendments to County Code Enforcement Boards.
this article (including the manual and docu- (Ord. No. 04-31, § 12)
"Supp. No. 79 CD134:44
UTILITIES § 134-63
Sec. 134-63. Effective date.
This ordinance shall become effective upon
being filed with the department of state. Subsec-
tions 134-59(a) and (b) shall have a delayed
effective date of July 1, 2004.
(Ord. No. 04-31, § 16)
Supp. No. 79 CD134:44.1
UTILITIES § 134-64
Sec. 134-64. Appendix A—Standard legal documents.
Nothing in this Ordinance shall require the County or the District to accept title to, or any
responsibility for, any facility until the facility has then received all proper permits/licenses from all
applicable agencies prior to and during the construction, expansion, repair and/or maintenance or
completion of each such facility and the facility then complies with all applicable rules and regulations
of all Federal, Florida and local regulatory authorities or agencies, and of this Ordinance, and each
such facility is not then under litigation, enforcement action, claims and/or liens prior to the
conveyance of title.
INSTRUCTIONS.
[Unless waived in writing by the reviewing Assistant County Attorney in the specific instance,the date
of each document cannot be signed and dated more than sixty(60)days prior to submittal of the subject
utility facility documents.]
The following forms are to be used as a guide for preparers of instruments that shall be submitted to
the Board for proposed acceptance of potable water, non-potable irrigation water and/or wastewater
utility system(s) or portion(s) thereof. Adherence to the forms and instructions contained below will
assure an expeditious review by the Collier County Attorney's Office, which in turn will speed the
process of utility system(s) or portion(s) thereof acceptance by the Board. Deviation in substance or
form from the specimen forms herein may result in substantial delay or disapproval of the utility
system acceptance documents by the County Attorney's Office. Examples of previously approved forms
are available from staff upon request.
PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE PREPARING THE INSTRU-
MENTS.
INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the preparer
the location and the type of information that needs to be inserted. This is indicated by [brackets which
contain instructions]. Most bracketed information is self-explanatory. Where an in-depth instruction of
the type of information to be inserted is appropriate, the bracketed information gives a brief
explanation followed by a reference to an instruction. That instruction reference correlates to the
following instructions.
INSTRUCTION NO. 2. Name of grantor/mortgagee/developer/lessee/owner/surety/issuer/applicant
(hereinafter collectively referred to for the purposes of this instruction as "grantor"). If grantor is an
individual,insert the grantor's name followed by the grantor's marital status. If the grantor is married,
the grantor's spouse must join in any conveyance instrument. As an alternative to having a grantor's
spouse join in a conveyance instrument,if applicable, a paragraph can be added below the reference to
Exhibit "A" which states: "The subject lands are not homestead lands."
If the grantor is a corporate entity, show the correct name of the corporation and identify the state or
other jurisdiction in which it is incorporated.
If the grantor is a partnership entity, show correct name of the partnership, identify whether the
partnership is a general or limited partnership, and identify the state or other jurisdiction under which
the partnership was created and presently operates.
If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071, Florida
Statutes),identify the trust and recite the authority of the trustee to convey. Your attention is directed
to Chapter 689, Florida Statutes.
Supp. No. 99 CD134:45
§ 134-64 COLLIER COUNTY CODE
INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted
thereon, require two (2) witnesses. Example witness and signature blocks are as follows:
Execution by an individual:
Execution by an individual:
/s/
An individual
First Witness—Signature
First Witness—Print or Type Name
Second Witness—Signature
Witness—Print or Type Name
Execution by a Corporation:
XYZ Corporation, Inc., a Florida Corporation
By: (L.S.) Note: (L.S.) is effective as the Corporate Seal.
Name, [President] or [Vice-President]
First Witness—Signature
First Witness—Print or Type Name
Second Witness—Signature
Second Witness—Print or Type Name
INSTRUCTION: In lieu of using two individual witnesses, a corporation may execute these instru-
ments by having the President's or the Vice-President's signature witnessed by the Corporation's
Secretary (a Corporate Officer) and by affixing the Corporation's seal. Sections 692.01 and 692.02,
Florida Statutes. A hand written or imprinted scrawl, scroll or seal, affixed as the corporate seal
below the corporate officer's signature is an effective seal. Section 695.07, Florida Statutes.
XYZ Corporation, Inc., a Florida Corporation
By:
Name, Title
(Corporate Seal)
Supp. No. 99 CD134:46
UTILITIES § 134-64
[The corporate seal can either be by simply typing the words "Corporate seal" OR by printing or
stamping the words "Corporate seal" on the page under the President's or a Vice-President's signa-
ture.
Witness:
By:
John R. Smith, Corporate Secretary*
* The Corporate Secretary is effectively the same as two individual witnesses.
Execution by a partnership with an individual acting as its general partner:
ABC Partnership
By:
[Name], as the General Partner
Execution by a partnership with an entity acting as its general partner:
L...- ABC, a Florida Partnership
By XYZ Corporation, Inc., a corporate General Partner acting on behalf of the Partnership
By: s/
Name, President [or Vice-President]
First Witness—Signature
First Witness—Print or Type Name
Second Witness Signature
Witness—Print or Type Name
Execution by Section 689.070, Florida Statutes, Trustee:
S/
[Name], as Trustee
Supp.No. 17 CD134:47
§134-64 COLLIER COUNTY CODE
First Witness—Signature
First Witness—Print or Type Name
Second Witness—Signature
Witness—Print or Type Name
Execution by Section 689.071, Florida Statutes, Trustee:
By:
Name, as Trustee of the above referenced Trust
First Witness—Signature
First Witness—Print or Type Name
Second Witness—Signature
Second Witness—Print or Type Name
INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following forms of
acknowledgment and notary block are sufficient.
For execution by one individual:
State of
County of
The foregoing instrument was acknowledged before me this day of , 20 ,
by who is personally known OR who produced identifi-
cation . Type of identification produced:
(Affix notary seal)
/s/
Notary Public
Notary [Typed of Printed Name (or stamp)]
My Commission Expires: --..„
Supp.No. 17 CD134:48
UTILITIES §134-64
For Execution by a Corporation:
State of
County of
The foregoing document was acknowledged before me by [insert the name of person signing], [corporate
title must be either President,Vice President or Chief Executive Officer[unless an appropriate corporate
resolution is attached and which specifically authorizes the respective execution by some other corporate
officer] of[insert the name of the corporation], a [insert the State of incorporation] corporation,on behalf
of the corporation, who is personally known OR who produced identification.
Type of identification produced:
WITNESS my hand and official said this day of , 20
/s/
Notary Public
(Affix notary seal or stamp)
My Commission Expires:
Notary's Typed or Printed Name [if not in Notary stamp]
For execution by a partnership general partner who is an individual:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of individual who signed], general
partner, on behalf of the partnership, a [insert name of state or jurisdiction under whose laws the
partnership was formed and operates][identify the type of partnership] partnership. Personally known
OR who Produced identification . Type of identification
produced
WITNESS my hand and official seal this day of , 20
/s/
Notary Public
Notary Printed Name
My Commission Expires:
For execution by a partnership whose general partner is an entity:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing], [corporate title,must
be either President, Vice President or Chief Executive Officer] [unless an appropriate corporate
resolution is attached which specifically authorizes execution by some other corporate officer] of[exact
Supp.No. 17 CD 134:49
§134-64 COLLIER COUNTY CODE
name of corporation], a [State of incorporation], as the corporate entity general partner, on behalf of
[insert exact name of partnership], a [insert name of state or jurisdiction under whose laws the
partnership was formed and presently operates][identify type of partnership]. Personally known
or Produced identification . Type of identification pro-
duced .
WITNESS my hand and official seal this day of , 20 •
/s/
Notary Public
(Affix notary seal)
/s/
Notary Printed Name
My Commission Expires:
For an execution by a Section 689.070, Florida Statutes, Trustee:
STATE OF
COUNTY OF ----,
The foregoing document was acknowledged before me by [insert exact name of person signing],
individually, and as Trustee. Personally known OR Produced identification
. Type of identification produced .
WITNESS my hand and official seal this day of , 20 .
/s/
Notary Public
(Affix notary seal)
/s/
Notary Printed Name
My Commission Expires:
For an execution by an individual as a Section 689.071, Florida Statutes,Trustee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by[insert exact name of person signing],as Trustee
on behalf of the above-referenced Trust. Personally known OR Produced
identification . Type of identification produced .
Supp.No. 17 CD134:50
UTILITIES § 134-64
WITNESS my hand and official seal this day of , 20
/s/
Notary Public
(Affix notary seal)
/s/
Notary Printed or Typed Name
My Commission Expires:
For execution by a corporation as a Section 689.071, Florida Statutes, Trustee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing who must be either the
President, a Vice President or the Chief Executive Officer, OR an appropriate corporate resolution must
be attached to prove that the person signing is authorized to sign on behalf of the corporation as Trustee
of the above referenced Trust. Personally known or Produced identification
. Type of identification produced
WITNESS my hand and official seal this day of , 20
/s/
Notary Public
(Affix notary seal)
/s/
Notary Printed or Typed Name
My Commission Expires:
INSTRUCTION NO. 5. Exhibits attached to all instruments shall describe the real property that
encompasses the subject utility facilities, system(s) and/or easement(s). Language on the legal descrip-
tion Exhibit that alters or qualifies the instrument to which it is attached is unacceptable. If the
informational text of an Exhibit is not extensive (i.e., a short legal description or there are no security
interests) such text can simply added in the body of the document in lieu of an Exhibit.
INSTRUCTION NO.6.For the purposes of simplicity and brevity,references in this Appendix and this
Ordinance to the Collier County Water-Sewer District shall also be construed to refer to the Goodland
Sub-District,where appropriate and, as the context requires.Prepares of legal documents are cautioned
to determine to which District their documents should run before preparing and submitting documents.
INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath(or affirmation) is
as follows: "SUBSCRIBED AND SWORN to before me this day of
20 ." An acknowledgment is not acceptable for an affidavit (See Subsection 117.05(13), Florida
Statutes).The Affiant must both swear to the document in the presence of the Notary and must sign the
Affidavit in the presence of the Notary.
INSTRUCTION NO. 8. This Appendix is provided as a guide for preparers and is not intended to be
all-inclusive. All documents shall be reviewed on an individual basis. If the preparer is unsure of the
required form or content of any document, he or she should seek professional advice and/or assistance
prior to preparing and submitting such form or document for acceptance.
Supp.No. 17 CD134:51
§ 134-64 COLLIER COUNTY CODE
Form 1 - Rev. 2004 (Interim Facilities/System Agreement)
*[Identify type of facility by inserting Potable Water Facilities,and/or Wastewater Facilities,and/or other
Utility Facility (as applicable)in the TITLE of this instrument]
*INTERIM FACILITIES/SYSTEM AGREEMENT
THIS AGREEMENT is made and entered into this day of ,20 ,by and
between
[Name of developer- Refer to Instruction No. 2]
(Hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY,AND AS THE
EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (here-
inafter referred to as "County"). Developer is used as singular or plural, as the context requires.
RECITALS:
WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer, the
Developer's heirs, successors, and assigns, including, but not limited to, any wholly owned or controlled
subsidiary entity; and
WHEREAS,the Developer is the Owner of the [insert name of project shown on referenced construction
plans] development,(hereinafter"Project")and has submitted construction plans for an interim [identify
type of treatment facility by inserting potable water or wastewater] treatment facility (hereinafter
"interim treatment facility")to the County for review and approval; and
WHEREAS,the Developer acknowledges and agrees that the Developer desires to provide on-site interim
utility systems to service the Project until such time as the utility systems within the Project may be
connected to the off-site utility systems operated by the County or District and the County systems have
adequate capacity to service the Project; and
WHEREAS, Collier County land development regulations require, and Developer covenants and agrees,
that the Developer shall connect any interim utility system serving that Project to the off-site utility
system owned and operated by the County when the County's system has been extended to within two
hundred (200) feet of the Project's boundary and the County has determined that the off-site utility
system has adequate capacity to service the entire Project; and
WHEREAS,the extension of the off-site utility system owned and operated by the County to within two
hundred (200) feet of the boundary of the Project shall be not required of the County as performance
under this Agreement; and
WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not
any off-site utility system owned and operated by the County has the capacity to service the Project shall
be made solely by the County; and
WHEREAS,the Developer acknowledges its obligation to dedicate all facilities,including all appropriate
collection, distribution and transmission systems or portion(s)thereof and appropriate easements to the
County prior to interconnection of the facilities/system to County or District's system; and
WHEREAS,the Developer,or other successor entity satisfactory to the County,will maintain and operate
the interim facility and the associated on-site collection, distribution and transmission system(s) as set
forth herein below; and
Supp.No. 17 CD134:52
UTILITIES § 134-64
WHEREAS, the developer has previously accepted the terms and conditions set forth in this Agreement
as part of the County's review and approval of the Developer's land use petitions.
WITNESSETH:
NOW,THEREFORE,in consideration of the covenants hereinafter contained the parties agree as follows:
1. RECITALS INCORPORATED.The above Recitals are true and correct and shall be incorporated
herein.
2. INTERIM FACILITY. The appropriate on-site treatment facilities, and collection, distribution
and transmission systems are to be constructed as a part of the proposed Project and shall be an
interim system; all utility systems or portion(s)thereof shall be constructed in compliance with
all applicable State, Federal and local standards, the Collier County Land Development Code
(LDC),this Ordinance, as well as the Utilities Standards Manual,and are to be owned,operated
and maintained by the Developer, or other successor entity satisfactory to the County,until such
time as the County's off-site utility systems are available to service the project. The interim
system shall supply services to this Project only or, subject to the County's approval, other
adjacent or near-by lands owned by the Developer. The interim system may not provide service
outside the Project without the expressed written consent of the Collier County Water-Sewer
District and only to the extent of such written consent.
3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the
County's off-site utility systems the Developer shall abandon,dismantle and remove from the site
the interim treatment facility. All costs related to this activity shall be borne solely by the
developer and performed in accordance with FDEP standards.
`_. 4. CONNECTION TO COUNTY'S OFF-SITE SYSTEM SHALL BE ACCOMPLISHED AT NO
COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection to the
County's off-site utility system(s)within ninety(90) days of notification that such systems have
become available. Costs of connection shall include, whenever the County requires, but not be
limited to, engineering design, preparation of construction documents, permitting, modification
or retrofitting of existing pumping facilities,construction of new pumping facilities,interconnec-
tion with County off-site utility systems, any transmission, distribution or collection lines
necessary to make the connection and any required environmental audits,including the expense
of bringing the subject system(s)or portion(s)thereof into compliance as well as any and all costs
for clean-up, removal or remediation.
5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NECESSARY FOR CONNECTION
TO AND OPERATION OF COUNTY'S OFF-SITE UTILITY SYSTEM(S).At which time as the
County's off-site system(s) becomes available for connection of the Project, all utility facilities
required by the County in order to make such connection shall be conveyed to the County in
accordance with County Ordinances,rules and regulations then in effect,together with all utility
easements required by the County.All construction plans and technical specifications related to
the connection to the County's off-site utility systems shall be submitted to the County for review
and approval prior to commencement of construction. The COUNTY, at its option, may require
conveyance of facilities internal to the project.
6. CUSTOMER TURNOVER. All customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at such time as the County's
off-site potable water,non-potable irrigation water, and/or wastewater systems become available
to serve the Project and such connection is made.Prior to connection of the interim utility system
serving the Project to the County's off-site utility systems, the Developer shall submit to the
County a complete listing of customers served by the interim utility system, and shall not
Supp.No. 17 CD134:53
§ 134-64 COLLIER COUNTY CODE
compete in any way with the County for the service of those customers. The Developer shall also
provide the County with a detailed inventory of the facilities served within the Project, and
cooperate fully in the expeditious transfer of any billing procedures.
7. SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE. The
Developer shall be responsible for payment of all applicable system development charges in
accordance with Ordinance 2001-13,Section 74-303 D:Payment,as then amended or superseded.
This requirement shall be made known to all prospective buyers of properties for which building
permits will be required, and supplied in writing upon closing of such properties.
8. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above
written.
[Developer's witness and signature block- see Instruction No. 3]
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COL-
Name of Clerk LIER COUNTY,FLORIDA,AS THE GOVERNING
By BODY OF COLLIER COUNTY AND AS THE EX-
Deputy Clerk OFFICIO GOVERNING BOARD OF THE COL-
LIER COUNTY WATER-SEWER DISTRICT
BY:
, Chairman
Approved as to form and legal sufficiency
By:
Assistant County Attorney
[Developer's acknowledgment and notary block see Instruction No. 4]
Supp.No. 17 CD134:54
UTILITIES §134-64
Form 2 - Rev. 2004 (Utilities Performance Bond)
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
[Insert name of Owner - See Instruction No. 2]
[Insert current business address of Owner]
(hereinafter referred to as "Owner", and
[Insert name of Surety - See Instruction No. 2]
[Insert current business address of Surety]
(hereinafter referred to as"Surety"),are held and firmly bound unto Collier County,Florida,(hereinafter
called "County"), in the total aggregate penal sum of [insert written dollar amount] Dollars ($[insert
numeric dollar amount]) in lawful money of the United States, for the payment of which sum well and
truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly
and severally,firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain
Utilities System Construction Contract, dated the day of , 20 , a copy
of which is hereto attached and made a part hereof; and
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development
Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance
and warranty of potable water, non-potable irrigation water and/or wastewater system(s) or portion(s)
thereof constructed within the unincorporated area of Collier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to
the County under said Land Development Regulations and all the undertakings, covenants, terms,
conditions, and agreements of said contract during the original term thereof, and any extensions thereof
which may be granted by the Owner,with or without notice to the Surety and during the guaranty period
established by the County,and thereafter,and if the Owner shall satisfy all claims and demands incurred
under such contract,and shall fully indemnify and save harmless the County from all costs and damages
which it may suffer by reason of failure to do so,and shall reimburse and repay the County all outlay and
expense which the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to work to be performed
thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond,
and does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automati-
cally and immediately, without formal and separate amendments hereto, upon amendment to the
Contract not increasing the contract price more than twenty percent(20%), so as to bind the Owner and
the Surety to the full and faithful performance of the contract as so amended. The term "Amendment",
wherever used in this bond, and whether referring to this bond, the Contract or other documents shall
include any alteration, addition or modification of any character whatsoever.
Supp.No. 17 CD134:55
§134-64 COLLIER COUNTY CODE
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
day of , 20
[Owner's witness and signature block- see Instruction No. 3]
NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida.
[Surety's witness and signature block- see Instruction No. 3]
[Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Supp.No. 17 CD134:56
UTILITIES § 134-64
Form 3 - Rev. 2004 - (Letter of Credit)
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
[Insert issuer's identifying number]
ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer").
PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue].
PLACE OF EXPIRY:At Issuer's counters located at . [Must be in Florida]
DATE OF EXPIRY: This Credit shall be valid until [insert date of second anniversary of date of issue],
and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty(60)days prior to any such anniversary date,the Issuer notifies the Beneficiary
in writing to staff (at Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by
registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: [insert full name of person or entity - see Instruction No. 2] (hereinafter "Applicant")
[insert Applicant's current business address].
BENEFICIARY:The Board of County Commissioners,Collier County,Florida(hereinafter"Beneficiary")
Collier County Courthouse Complex, Naples, Florida, 34112.
AMOUNT: $ [insert dollar amount] (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED:AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATE-
MENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER,CERTIFYING THAT: [insert name of
Applicant] has failed to construct and/or maintain the [identify type of improvements by potable water,
non-potable irrigation water, or wastewater or potable water and wastewater and/or non-potable
irrigation water] additions,extensions and/or improvements as shown on the plans for[insert exact name
or title of project shown on construction plans], or prior to the date of expiry the applicant failed to
complete the required final acceptance procedures as required by the Collier County Utilities Standards
and Procedures Ordinance, and the Applicant failed to provide the County with satisfactory alternative
performance security as required by that Ordinance."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under [insert
name of Issuer],Credit No. [insert Issuer's number identifying this letter of credit],dated [insert original
date of issue]". The original letter of credit and all amendments, if any, must be presented for proper
endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall
not in any way be modified, amended, or amplified by reference to any documents, instrument, or
agreement referenced to herein or in which this letter of credit relates, and any such reference shall not
be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of
this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later
generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later
Publication No.].
Supp.No. 17 CD134:57
§134-64 COLLIER COUNTY CODE
[Name of Issuer]
By:
[Insert title of corporate officer - must be signed President, Vice President, or Chief Executive Officer]
[NOTE: Collier County shall not accept any Letters of Credit that cannot be presented at Place of Expiry
in Florida.]
Supp.No. 17 CD134:58
UTILITIES § 134-64
Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination)
[Leave 3" space blank space in upper right hand corner for recording purposes]
UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION
THIS SUBORDINATION is dated this day of , 20 , by
[Insert the complete and correct name of the Secured Party - see Instruction No. 2]
(Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSION-
ERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTYAND AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,its
successors and assigns, (hereinafter referred to as "County"). Secured Party as used herein includes
singular or plural, as the context allows.
WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests
that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility
Easement(s)being conveyed to Collier County,which Utility Facilities are located over, on and/or under
the underlying real property that is encumbered by security interests in favor of the Secured Party as
specified in the below-listed security instruments); and
WHEREAS,the Secured Party is the owner and holder of a [Mortgage or Assignment of
Rents and Profits,UCC-1*,etc.],recorded in Official Records Book ,Page
et seq., Public Records of Collier County, Florida, [and if applicable], as amended by a
recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida.; and
[NOTE:*UCC-ls are usually subordinated by UCC-3s.If a UCC-1 or UCC-3 is recorded outside of Collier
County, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or
UCC-3].
WHEREAS, the Secured Party is also the owner and holder of a ,recorded at O.R. Book,
Page ,et seq.,Public Records of Collier County,Florida, as amended by a
recorded at O.R. Book, Page et. seq., Public Records of Collier County, Florida; and
WHEREAS,each above-referenced Security Instrument grants to this Secured Party a security interest
that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier
County, and/or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County,
which Utility Facilities have been constructed within such easement(s)and are under,on and/or over the
underlying real property; and
WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements,if
any,being conveyed to the County,Collier County requires that this Secured Party must subordinate only
its Security Interests in(i)the Encumbered Utility Facilities being conveyed to the County and(ii)each
related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby
complying with said request for these subordination(s).
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party
hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier
County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered
Utility Facilities are located over, on and/under the described underlying real property. Except as
expressly subordinated herein,the Secured interests of the Secured Party remain in full force and effect.
Supp.No. 17 CD 134:59
§ 134-64 COLLIER COUNTY CODE
IN WITNESS WHEREOF,the Secured Party has caused this Subordination to be executed the date and
year first above written.
[Insert correct witness and signature block- see Instruction No. 3]
[Acknowledgment and notary block- see Instruction No. 4]
Prepared by: [Insert name and street address of the individual who prepared this Subordination]
[NOTE: Upon request, County staff will provide examples of properly executed Subordinations].
Supp.No. 17 CD134:60
UTILITIES § 134-64
Form 5 - Rev. 2004 - (Attorney's Affidavit)
ATTORNEY'S AFFIDAVIT
STATE OF [Name of State]
COUNTY OF [Name of County]
BEFORE ME, the undersigned authority, on this day of , 20 ,
personally appeared ,who is to me well known,and having been sworn upon oath,deposes
and states:
1. My name is , I am over the age of twenty-one (21)years, am otherwise sui juris,
and have personal knowledge of the facts asserted herein.
2. I am a licensed attorney,Florida Bar# , authorized to practice law in Florida and
am currently practicing law in the State of Florida. My business address is . My
business telephone number is . My business mailing address is
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the
Collier County Water-Sewer District to accept the dedication or conveyance of[identify type of
utility facility by inserting potable water, non-potable irrigation water, or wastewater,or potable
water and wastewater,and/or non-potable irrigation water] utility system(s)or portion(s)thereof
located within or upon the real property described in the attached Exhibit "A", which is
incorporated herein by reference, said land being located in Collier County, Florida.
4. The Affiant has examined record title information to the underlying real property and the utility
facilities being conveyed to the County referenced in this affidavit, including but not limited to,
information requested from the Florida Secretary of State relative to any Uniform Commercial
Code financing statements.
5. The record owner of the underlying real property described herein is [give full legal name of
owner as it appears in title information; if owner is an entity, make reference to the laws of the
state or jurisdiction under which entity was created and presently operates] (hereinafter
"Owner").The Owner acquired record title to the subject real property by instrument recorded at
Official Records Book , at Page [insert official record book and first page of
instrument where owner acquired title], Public Records, Collier County, Florida.
[INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined
corporate or partnership information obtained from the jurisdiction under which the entity was created
and presently operates, that the entity is current and active within said State or jurisdiction, that the
entity is currently authorized to do business in the State of Florida,and identify the exact name and title
of the persons authorized to execute the instruments on behalf of that entity in conjunction with the
conveyance of the subject real and personal property. Pursuant to Section 689.071, Florida Statutes, IF
the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to
execute instruments of conveyance on behalf of the Trust and,if applicable,incorporate by reference and
attach supporting documentation.] [If the record owner is an individual, the Affiant must state the
marital status represented to the Affiant by the individual and, if married, state whether the real
property is or is not homestead property. If the utility facilities being conveyed are located wholly within
public right-of-way, the Affidavit should state that fact.]
6. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being
conveyed to the County is not encumbered of record.
OR
Supp.No. 17 CD134:61
§134-64 COLLIER COUNTY CODE
Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the
County is encumbered by the following instruments of record:
1. [describe recorded instrument that imposes security interest against title to the
facilities] to [list name of the mortgagee(s)] , dated ,
, and recorded at O.R. Book , Page _ et
seq., Public Records of Collier County.
2. UCC-1, recorded at O.R. Book , Page , Public Records of Collier
County.
[INSTRUCTION:The Affiant must list each mortgage,assignment of rents and profits,UCC-1(s)or other
security instrument that impress a security interest that could negatively affect conveyance of good title
to the utility system(s) or portion(s)thereof and/or easement(s), if any, being conveyed to the County. If
marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is
encumbered by any such recorded instrument, the Affiant shall describe the respective security
instrument,including the book and first page where the security instrument has been recorded. It is not
necessary to attach a copy of any such document to the Affidavit. This Affidavit must list each security
interest that is listed in the Owner's Affidavit,and each such security interest must be subordinated. Do
not list a Notice of Commencement or Reservation of Mineral Rights, etc.,because such instruments do
not negatively affect marketable title to the utility system(s) or portion(s) thereof and/or easement(s)
being conveyed to the County. If all of the utility facilities being conveyed to the County are located in
public right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is
located in public right-of-way.Claims asserted under Chapter 713,Florida Statutes,must be"transferred
to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the
County Attorney must be provided to the County before the County will grant preliminary acceptance of
title to such facilities.
7. Affiant further states that the information contained in this Affidavit is true,correct and current
as of the date this Affidavit is given.
[INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance,per
Ordinance,the date of this Affidavit should not be dated earlier than sixty(60)days prior to the submittal
of legal documents pertaining to Utility Conveyance to Collier County,Engineering Services to consider
preliminary acceptance of the subject utility system(s) or portion(s) thereof documents.]
FURTHER AFFIANT SYSTEM NAUGHT.
DATED this day of , 20 •
Is/
Attorney/Affiant Signature
/s/
Attorney/Affiant Name
SUBSCRIBED AND SWORN to before me this day of , 20 ,by(Insert
name of Attorney/Affiant), who is personally known to me as OR who produced
identification .
Type of Identification Produced .
/s/
Notary Public
Supp.No. 17 CD134:62
UTILITIES §134-64
My Commission Expires:
/s/
Printed, Typed or Stamped
Name of Notary
Prepared by: [name of person preparing this Affidavit]
[Address of person preparing this Affidavit]
L
Supp.No. 17 CD 134:63
§ 134-64 COLLIER COUNTY CODE
Form 6 - Rev. 2004 (Owners Affidavit)
OWNER'S AFFIDAVIT
STATE OF [name of State]
COUNTY OF [name of County]
BEFORE ME,the undersigned authority,personally appeared ,who to me is well known,
and having been duly sworn and under oath, deposes and states:
1. My name is , I am over the age of twenty-one (21)years, am sui juris, and have
personal knowledge of the facts asserted herein.
2. I am the owner of said real property located at ,and described on Exhibit A,which
shows the location of the subject utility facilities being conveyed.
3. All persons,firms,and corporations,including the general contractor,all laborers,subcontractors
and sub-subcontractors, materialmen and suppliers who have furnished services, labor or
materials according to plans and specifications, or extra items, used in the construction,
installation and/or repair of [identify type of utility facility by inserting potable water, non-
potable irrigation water, or wastewater, or potable water and wastewater and/or non-potable
irrigation water] utility system(s) or portion(s) thereof on the real estate hereinafter described,
have been paid in full and that such work has been fully completed and unconditionally accepted
by the current owner of such facilities.
4. No claims have been made to the owner,nor is any suit now pending on behalf of any contractor,
subcontractor, sub-subcontractor, supplier,laborer or material-men, and no chattel mortgages or
conditional bills of sale have been given or are now outstanding as to the subject utility system(s)
or portion(s)thereof placed upon or installed in or on the aforesaid premises.
5. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being
conveyed to the County is not encumbered by any recorded mortgage, recorded assignment of
rents or profits,by any recorded Uniform Commercial Code Financing Statement,or by any other
recorded document that imposes a security interest that could negatively affect conveyance of
marketable title to the utility system(s)or portion(s)thereof and/or any easement being conveyed
to the County.
OR
Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the
County is subject to the following security interest(s)by the following recorded instrument(s):
1. Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that
impress a security interest against title to the system(s) or portion(s) thereof and/or any
easement being conveyed to the County] to [list name of the mortgagee(s)]
dated , and recorded at O.R. Book , Page et seq., Public
Records of Collier County.
2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public
Records of Collier County.
3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at
O.R. Book , Page
[INSTRUCTION:The Affiant must list each mortgage,and/or each assignment of rents and
profits, and each UCC-1, and/or each other recorded document that is a security interest
that could negatively affect conveyance of good and marketable title to any of the utility
Supp.No. 17 CD134:64
UTILITIES §134-64
system(s)or portion(s)thereof(and/or easement(s),if any)being conveyed to the County. If
good, marketable title to the utility system(s) or portion(s) thereof and/or any easement(s)
being conveyed is encumbered by any such recorded instrument, the Affiant must briefly
describe each such recorded security instrument, including the book and first page where
that security instrument has been recorded. It is not necessary to attach a copy of any such
recorded document to the Affidavit. Do not list any Notice of Commencement or any
Reservation of Mineral Rights, etc., because such documents do not impress any security
interest against good, marketable title to the utility system(s) or portion(s) thereof and/or
easement(s), if any, being conveyed to the County.]
6. As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for
valuable consideration hereby agree and guarantee,to hold the Board of County Commissioners
of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio
Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or
suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic, material-
man, or laborer, and against chattel mortgages, security interests or repair of the subject utility
system(s)or portion(s)thereof by or on behalf of Owner.Affiant is used as singular or plural, as
the context requires.
7. The utility system(s)or portion(s)thereof referred to herein are located within the real property
described in the attached Exhibit "A".
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of , 20
/s/
Owner's/Affiant Signature
/s/
Printed Name of Affiant
SUBSCRIBED AND SWORN to before me this day of , 20 ,by(Insert
name of Owner/Affiant (individual taking the oath), who is Personally known to me as
OR produced identification . Type of Identification Produced
/s/
Notary Public
My Commission Expires:
/s/
Printed, Typed or Stamped
Name of Notary
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Supp.No. 17 CD134:64.1
§134-64 COLLIER COUNTY CODE
Form 7 - Rev. 2004 (Utility Easement)
[NOTE: Leave 3" blank space in upper right hand corner for recording purposes].
DEED OF UTILITY EASEMENT
THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this day of
, 20 , by [Name of Grantor - See Instruction No. 2] as Grantor, to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY,AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, its successors and assigns, GRANTEE.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other
valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby
conveys, grants,bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive
easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise
maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A," which is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the
right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials
for the purpose of constructing,operating,relocating,repairing and/or otherwise maintaining the subject
utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area.
Grantor and Grantee are used for singular or plural, as the context allows.
IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and year first
above written.
[Witnesses and signature block - see Instruction No. 3]
[Acknowledgment and notary block- see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Supp.No. 17 CD134:64.2
UTILITIES § 134-64
Form 8 - Rev. 2004 (Utility Facilities Warranty Deed and Bill of Sale)
[Leave 3" blank space in upper right hand corner for recording purposes].
UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE
THIS INDENTURE made this day of , 20 , between
[Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee").
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged,has granted,bargained and sold to the said Grantee, and Grantee's heirs, successors and
assigns forever, all [identify all types of utility facilities being conveyed by inserting "potable water"
and/or "wastewater" and/or "non-potable water irrigation" and/or "potable irrigation water] utility
facilities and/or system(s)or portion(s)thereof lying in, on, over and under the following described land,
for operation,relocation,installation,repair and/or maintenance of said facilities,system(s)or portion(s)
thereof, all situate and lying and being in Collier County, Florida, to wit:
(See Exhibit "A" attached hereto and incorporated by reference herein.)
(Exhibit"B"attached hereto is a sketch or other graphic representation that depicts the physical location
of the utility systems being conveyed.)
�'" and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s)or portion(s)
thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all
persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or
portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either
exhibit. Grantor and Grantee are used for singular or plural,as context allows.A sketch or other graphic
representation showing the location of the utility facilities,etc.,being conveyed is attached as Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter
upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing,
relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and
Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF,Grantor has caused these presents to be executed the date and year first above
written.
[Witness and signature block- see Instruction No. 3]
[Acknowledgment and notary block- see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Supp.No. 17 CD134:64.3
A.M..,
§134-64 COLLIER COUNTY CODE
Form 9 - Rev. 2004 (Final Attorney's Affidavit)
FINAL ATTORNEY'S AFFIDAVIT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally on this day of ,
20 , appeared (Affiant), who to me is well known, and having been sworn and under
oath, deposes and states:
1. My name is . I am over the age of twenty-one (21)years, am otherwise sui juris,
and have personal knowledge of the facts contained herein.
2. I am a licensed attorney,Florida Bar# , authorized to practice law in Florida and
am currently practicing law in the State of Florida. My business address is . My
business telephone number is . My business mailing address is .
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the
Collier County Water-Sewer District, to conduct a final utility inspection of [identify type of
utility systems by inserting potable water or wastewater, or potable water and wastewater]
utility system(s) or portion(s) thereof located within or upon the real property described in the
attached Exhibit"A",which is incorporated herein by reference,said land being located in Collier
County, Florida. [If all of the subject utility facilities that have been conveyed to the County are
located in public right-of-way, the Affidavit can include the following statement: "All of the -�
subject utility facilities that have been conveyed to the County are located in public right-of-way
and,therefore,no utility easements have been conveyed to the County with regard to said utility
facilities.]
4. The Affiant has examined record title information with regard to privately owned real property
where these utility facilities are located and with regard to the current state of the title to the
utility facilities being conveyed to the County.
5. The record owner of the utility system(s) or portion(s) thereof described herein is the Board of
County Commissioners of Collier County, Florida, as the Governing Body of Collier County and
as the Ex-Officio Governing Board of the Collier County Water-Sewer District (hereinafter
"County"). The County acquired its record interest by [insert exact name of each instrument]
recorded at Official Records Book , at page [insert official record
book and first page of each instrument where owner acquired title] [if a utility easement was also
acquired continue sentence and add: together with an appurtenant utility easement(s)recorded
at Official Records Book , page ] Public Records, Collier County,
Florida.
6. Subsequent to the time that the County recorded its interests in the subject utility system(s) or
portion(s)thereof and, if applicable, easement(s), as specified in paragraph 3, above, no interest
of the County in the subject utility system(s)or portion(s)thereof and,if applicable,easement,is
encumbered of record by any document filed by or on behalf of the landowner(or predecessor in
title to the underlying real estate in the Public Records of Collier County, Florida, and/or the
Office of the Secretary of State.
7. Affiant further states that the information contained in this Affidavit is true,correct and current
as of the date of the recordation of the recorded documents referenced herein which conveyed or
granted the subject utility system(s) or portion(s) thereof and/or easement interests to the
County.
Supp.No. 17 CD134:64.4
UTILITIES § 134-64
FURTHER AFFIANT SYSTEM NAUGHT.
DATED this day of , 20 .
/s/
Affiant's Signature
/s/
Affiant's Printed Name
[No witnesses required]
[Notary block] - SUBSCRIBED AND SWORN to before me this day of ,
20 , by (insert name of Affiant - the individual taking the oath), who is personally known
OR produced identification . Type of identification produced
•
/s/
Notary Public
My Commission Expires:
/s/
Notary Printed or Typed Name
(if not on stamp)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
(Ord. No. 04-31, App. A; Ord. No. 2021-24, § 1)
Supp. No. 99 CD134:65
§ 134-65 COLLIER COUNTY CODE
Secs. 134-65-134-85. Reserved. size pipe can be justified. Upon acceptance of
such installation by the county, all transmission,
distribution, service lines and meter boxes shall
ARTICLE IV. WATER SYSTEMS* be deeded to and become the property of the
county through the procedure outlined in section
DIVISION 1. GENERALLY 134-98.
Secs. 134-86-134-95. Reserved. (b) Should the county oversize the lines beyond
the requirements to serve the developer, the
county shall reimburse the developer only for the
DIVISION 2. EXTENSIONS GENERALLY difference in the cost of the pipe. Should the
county require fittings and hydrants beyond the
Sec. 134-96. Generally. requirements to serve the developer, the county
shall reimburse the developer for the cost of such
(a) Each developer, owner, or builder shall be fittings and hydrants.
responsible for the design, installation, inspec-
tion and testing of the complete utility system (c) If the county cannot supply the develop-
within their development and that necessary to ment with water,the developer,after approval of
connect the same to the county system. "Complete plans by the county and other appropriate agen-
utility system" shall include all component parts cies, shall, at his expense, install the required
of a water distribution system, including valves, water supply and treatment system. The water
fittings,laterals,hydrants and all appurtenances supply and treatment system shall be maintained
as shown upon the approved design of such and operated by the developer in a manner
water distribution system. acceptable to all appropriate regulatory agencies
until such time as the county or other legally
(b) All plans and specifications of such proposed
designated public body provides potable water
installation shall conform to the county specifica- facilities to the vicinity of the developer's property.
tions as set forth in the Collier County Uniform When such potable water facilities and services
Water System Code as adopted and as may be become available the developer shall, at his own
amended from time to time,and shall be submit- expense,connect the development's water distribu-
ted to the county for approval, which approval tion system to the public facilities. Connection
shall not be unreasonably withheld, prior to shall be made in full compliance with applicable
submission to the appropriate local and state rules,regulations and ordinances governing such
agencies.
connection.
(Ord. No. 78-10, § 1)
(Ord. No. 78-10, § 2)
Sec. 134-97. Developer installed lines. Sec. 134-98. Turnover of lines and/or
(a) The developer of a tract of land, after system.
approval of plans by the county, and other
appropriate agencies,shall,at his expense,install When construction has been completed, the
the required transmission mains to connect the turnover of lines and/or system to the county
development to the county's transmission system. shall be in accordance with the following
The developer shall, also at his own expense, procedures:
after approval by the county and all appropriate
agencies, install all distribution lines, service (1) Upon completion of construction, the
lines and meter boxes within said development. engineer of record shall certify to the
The minimum size pipe allowed for distribution county as to construction,results of pres-
shall be six inches in diameter unless a smaller sure testing and shall forward a copy of
the bacteriological clearances, three sets
*Cross reference—Regional water system impact fee, of as-built plans and one reproducible
§74-156 et seq. Mylar.
Supp. No. 99 CD134:66
UTILITIES § 134-98
(2) By instruments acceptable to the county,
the developer shall submit to the county
the following:
a. Bill of sale for the lines and/or
system;
Supp. No. 99 CD134:66.1
UTILITIES § 134-122
b. Affidavit of no liens; DIVISION 4. CROSS-CONNECTION
CONTROL/BACKFLOW PREVENTION
c. Certification concerning contribu- REGULATIONS
tions in aid of construction;
Sec. 134-121. Title and citation.
d. Verification of final costs;
This division shall be known as and cited as
e. Legal description; "The Collier County Cross-Connection Control/
Backflow Prevention Ordinance."
f. Copy of recorded plat (if a new sub- (Ord. No. 97-33, § 1, 7-29-97)
division,or if an existing subdivision
is redivided); Sec. 134-122. Findings.
g. Contractual guarantees from suppli- The board of county commissioners hereby
ers, along with applicable dates; makes the following findings:
h. Up-to-date list of customers and/or (1) That Florida Administrative Code Rules
owners of individual lots; 62-555.360 and 62.610.469(7),requires all
community water systems to establish a
i. Recorded easements granting right cross-connection control program to de-
of access to lines and/or system within tect and prevent cross-connections that
private property. create or may create an imminent and
substantial danger to public health and
(3) The county will not render service, pro- safety.
cess building permits for such service,nor (2) That the Collier County Water-Sewer Dis-
accept responsibility for maintenance of trict and the Goodland Water District are
lines and/or system until the documenta- community water systems as defined by
tion set forth in subsections (1) and (2) of Florida Administrative Code Rule 62-
this section has been received and ac- 550.200(12).
cepted by the governing body of the county.
(3) That the establishment and maintenance
(4) No plat will be certified by the utility of a cross-connection control program is a
division for final recording until subset condition and requirement of county's ora-
tions (1) and (2) of this section, excepting ter and wastewater operating permits is
only subsection (2)f. of this section are sued by the Florida Department of Envi-
complete and acceptable. ronmental Protection to the Collier County
(Ord. No. 78-10, § 3) Water-Sewer District and the Goodland
Water District.
(4) That the health, safety and welfare of
persons using and/or relying upon the
Secs. 134-99-134-110. Reserved. public water system of the Collier County
Water-Sewer District and the Goodland
DIVISION 3. RESERVED* Water District is best served and pro-
tected by the establishment and mainte-
nance of a cross-connection control/backflow
prevention program, including provisions
Secs. 134-111-134-120. Reserved. for installation of backflow prevention as-
*Editor's note—Ord. No. 97-48, § 9, adopted Sept. 23, semblies, to prevent the county's public
1997,repealed Div.3,which pertained to extensions by City of water system from becoming polluted or
Naples within county water-sewer district. See the Code contaminated by backflow from actual or
Comparative Table. potential contaminants or pollutants.
Supp.No.24 CD134:67
§ 134-122 COLLIER COUNTY CODE '�
(5) That it is in the best interest of the users Auxiliary water supply means any water sup-
of the Collier County Water-Sewer Dis- ply on, or available to, a facility other than the
trict and Goodland Water District and the county's water system, which is not permitted by
public generally that if, in accordance the Florida Department of Environmental Protec-
with this division, a backflow prevention tion and over which the county does not have
assembly must be installed as part of any sanitary control. Auxiliary water supplies may
water service connection within either the include water from another public water supply,
Collier County Water-Sewer District or any natural source such as a well, spring, river,
Goodland Water District, that the Collier stream, harbor or used water, reclaimed water,
County Water Department shall install irrigation quality (IQ) water, or industrial fluids.
and maintain or cause to be installed and
maintained the appropriate backflow pre- Backflow means a reversal of the normal direc-
vention assembly for the degree of hazard tion of flow, which has the potential to introduce
presented and the county shall own the used water or mixtures of used water and other
backflow prevention assembly. liquids,gases or other substances into the county's
(Ord. No. 97-33, § 2, 7-29-97; Ord. No. 08-32, § 1) public water system from a source or sources.
Backflow may occur as the result of back-pres-
sure, back-siphonage or both.
Sec. 134-123. Definitions.
Back-pressure means any elevation of pressure
For the purposes of this division, the defini- in the downstream piping system caused by a
tions contained in this section shall apply unless pump, elevated tank, boiler, or other means that
otherwise specifically stated. Words used in the could create pressure within that system,greater
present tense include the future, words in the than the supply pressure of the county's water '"...„
plural number include the singular, and words in system which, would cause, or tend to cause, a
the singular included the plural. The word"shall" reversal of the normal direction of flow.
is always mandatory and not merely discretion-
ary. Backflow prevention assembly,approved means
a mechanical assembly that meets those stan-
Air gap separation means a physical separa- dards as set forth by the American Water Works
tion between the free-flowing discharge end of a Association (AWWA), the American Society of
potable water supply pipeline and an open or Sanitary Engineers (ASSE), and the Foundation
non-pressure receiving vessel. An approved air- for Cross-Connection Control and Hydraulic Re-
gap separation shall be at least double the diam- search (FCCC), that has been approved for the
eter of the supply pipe as measured vertically prevention of backflow,as back-pressure and back-
above the top of the rim of the receiving vessel. In siphonage, by the Foundation for Cross-Connec-
no case, shall the air-gap be less than one inch. tion Control and Hydraulic Research, and is pub-
lished in the FCCC's List of Approved Backflow
Approved list means the list of certified backflow Prevention Assemblies.
prevention assembly technicians and cross-con-
nection survey technicians who have submitted Backflow prevention assembly test equipment,
their certification and in the case of assembly approved means equipment recommended by the
technicians,the most recent calibration results on assembly manufacturer and approved by the de-
their testing equipment, to the department for partment.
review and approval.All applicants meeting these
requirements shall be approved to perform work Backflow prevention assembly test methods,
on private and county-owned backflow assem- approved means methods as approved by the
blies. To remain on the approved list, applicants American Water Works Association (AWWA) or
must comply with all the requirements listed the Foundation for Cross-Connection Control and
within this division and the requirements under Hydraulic Research (FCCC), whichever is more --�,
which they were certified. stringent.
Supp.No. 24 CD134:68
UTILITIES § 134-123
Backflow control means a connection between nent devices, through which or because of which,
a county's water system and a facility's system backflow could occur are considered to be cross-
with an approved and appropriate backflow pre- connections unless otherwise specified within this
vention assembly properly installed that will con- division.
tinuously afford protection against contamination
or pollution commensurate with the degree of Cross connection control means the installa
hazard. tion of an approved backflow prevention assembly
as part of the county's service connection to a
Backflow prevention assembly technician, ap- facility where there are actual or potential cross-
proved means any person holding at a minimum a connections.
valid and current certificate from the University
of Florida TREECO Center(UF/TREECO)or equiv- Cross-connection control program means the
alent certification program as a certified backflow findings, requirements and procedures estab-
prevention assembly technician and who has sub fished by this division and any administrative
mitted the proper documentation to the depart Policies and operational procedures established
went. by the department to administer and effectuate
this division.
Back-siphonage means a form of backflow due
to a reduction of pressure in the county's public Department means the Collier County Water
water system. Department.
Contamination means an impairment of the Division or article means Collier County Ordi-
quality of the county's public water system by nance No. 97-33 as now or hereafter amended,
which is codified
sewage,industrial fluids or wastes,compounds or as division 4 of chapter 134 of
other materials to a degree which creates an the county's code of laws and ordinances.
actual hazard to the public health through poi- Double check valve assembly (DC), approved
soning or through the spread of disease. means an assembly composed of two single, inde-
County, for purposes of this division, the term pendently acting, check valves including a tightly
"county" shall mean Collier County, a political closing approved shut-off valve located at each
subdivision of the state and, where the context end of the assembly and approved connections
requires or warrants, shall also be deemed to (testcocks)for testing the water tightness of each
include the Collier County Water-Sewer District check valve. The check valve shall permit no
and the Goodland Water District. leakage in a direction reverse of normal flow. The
closure element shall be internally weighted or
County's public water system, for purposes of otherwise loaded to promote rapid and positive
this division, the term "county public water sys- closure and supplied with replacement valve seats.
tern" shall mean any or all components of either Only those double check valve assemblies (DC)
or both the Collier County Water-Sewer District approved by the Foundation for Cross-Connection
and Goodland Water District's water systems. Control, Hydraulic Research (FCCC) and the de-
partmentCross-connection means any physical arrange are acceptable for installation.
ment whereby the county's public water system is Double detector check valve assembly (DDC),
connected, directly or indirectly, with any other approved means an assembly of two indepen-
water supply, sewer, drain, conduit, pool, storage dently operating approved check valves with re-
reservoir, plumbing fixture, or other device which placeable seats and tightly closing approved shut-
contains or may contain contaminated water,sew- off valves on each side of the check valves, plus
age or other wastes or liquids of unknown or properly located and approved testcocks for the
unsafe quality, which may be capable of impart- testing of each check valve. A bypass (detector)
ing contamination to the public water system, as arrangement consisting of an approved meter and
the result of backflow. Bypass arrangements, an approved double check valve assembly shall be
jumper connections,removable sections,swivel or incorporated with the assembly for detection of
changeable devices,or other temporary or perma- leaks or unauthorized use of water. Only those
Supp. No.24 CD 134:69
§ 134-123 COLLIER COUNTY CODE
double detector check valve assemblies (DDC) Hazard pollution means an actual or potential
approved by the Foundation for Cross-Connection threat to the physical properties or the potability
Control, Hydraulic Research (FCCC) and the de- of the county's public water system, which would
partment are acceptable for installation. constitute a nuisance or be aesthetically objection-
Facility means a residence,building, structure, able or could cause damage to the county's public
property, business, operation or premises of any water system or its appurtenances,but would not
kind that is connected or seeks to connect to the be dangerous to health.
county public water system. Hazard system means an actual or potential
Facility owner means the owner, and to the threat of severe damage to the physical properties
extent the purposes and requirements of this of the county's public water system from pollution
division warrant, a lessee or sublessee of a resi- or contamination which would have a protracted
dence, building, structure, property,business, op- effect on the quality of the county's public water
eration or premises of any kind that is connected system.
or seeks to connect to the county public water
system to receive water through the service con- Industrial fluids means any fluid or solution
nection. The term "facility owner" shall also in- which may be chemically, biologically or other-
dude any agent or representative of a facility wise contaminated or polluted in a form or con-
owner acting for or on behalf of the facility owner. centration such as would constitute a health,
Facility's system means the facility's system nonhealth, plumbing, pollution or system hazard
shall begin beyond the county's service connec if introduced into the county's public water sys
tion. The facility's system may include a potable tem. This may include, but is not limited to:
water system,an industrial piping system or both polluted or contaminated waters; all types of -�
and may be supplied by the county public water processed waters and used waters originating
from the county's public water system which may
system or an auxiliary water system or both.
deteriorate in sanitary quality; chemicals in fluid
Ground water source means water that is with- form; plating acids and alkalis; circulated cooling
drawn from an underground aquifer that is not waters connected to an open cooling tower or
considered by the Florida Department of Environ- cooling towers that are chemically or biologically
mental Protection to be under the direct influence treated or stabilized, with toxic substances; con-
of surface water. taminated natural waters, such as from wells,
springs, rivers, bays, harbors, seas, irrigation
Hazard, degree of means the term is derived canals or systems; oils, gases, glycerin, paraffins,
from an evaluation of the potential risk to the caustic and acid solutions and other liquids and
public's health, safety and welfare and the poten- gaseous fluids used for industrial or other pur-
tial adverse effect upon the county's public water poses or for firefighting purposes.
system.
Hazard health means across connection or Irrigation quality water (IQ) water means wa-
potential cross connection involving any sub- ter other than potable water which meets all of
stance that could, if introduced into the county's the Florida and local regulatory requirements as
public water system, cause death, illness, spread mandated by the Florida Department of Environ-
disease or have a high probability of causing such mental Protection (FDEP) permits and the Flor
effects. ida Administrative Code (F.A.C.).
Hazard nonhealth means a cross-connection or Public water supply, approved means any pub-
potential cross-connection involving any sub- lic or private potable water supply or system
stance that generally would not be a health haz- which has been approved by the Florida Depart-
ard, but would constitute a nuisance or be aes- ment of Environmental Protection and which is
thetically objectionable, if introduced into the operating under a valid Florida Department of
county's public water system. Environmental Protection operating permit.
Supp. No. 24 CD134:70
UTILITIES § 134-124
Reclaimed water means water that has re- water from a lake, canal, pond, retention area or
ceived at least secondary treatment and basic wetland in excess of ten percent shall be consid-
disinfection and is reused after flowing out of a ered a surface water supply.
domestic wastewater treatment facility.
Water nonpotable means water that is not safe
Reduced pressure principle assembly (RP), ap- for human consumption or that is of questionable
proved means an assembly containing two inde- quality.
pendently acting approved check valves with re-
placeable seats together with a hydraulically Water potable means water that is safe for
operating,mechanically independent pressure dif-
ferential relief valve located between the check Department of Environmental Protection.
valves and at the same time below the first check Water purveyor, for the purposes of this divi-
valve.The unit shall include properly located and sion, the term "water purveyor" shall refer to the
approved testcocks and tightly closing and ap- Collier County Water-Sewer District and Goodland
proved shut-off valves at each end of the assem- Water District.
bly. Only those reduced pressure principle assem-
blies approved by the Foundation for Cross Water supply unapproved means a water sup
Connection Control and Hydraulic Research ply which has not been approved for public con
(FCCC)and by the department are acceptable for sumption by the Florida Department of Environ-
installation. mental Protection.
Reduced pressure principle detector assembly Water, used refers to any water supplied by the
(RPD), approved means an assembly containing county water system(s)after it has passed through
the customer's service connection and is no longer
two independently acting approved check valves
with replaceable seats together with a hydrauli under the sanitary control of the county.
cally operating, mechanically independent pres (Ord. No. 97-33, § 3, 7-29-97; Ord. No. 08-32, § 2)
sure differential relief valve located between the
check valves and at the same time below the first Sec. 134-124. Operation policy and require-
check valve. The unit shall include properly lo- ments.
cated and approved testcocks and tightly closing (a) Operation policy.
and approved shut-off valves, at each end of the
assembly.A bypass arrangement consisting of an (1) No service connection that creates an ac-
approved water meter and an approved reduced tual or verified potential hazard to the
pressure principle detector assembly shall be in- county's public water system shall be in-
corporated into the mechanism. Only those re- stalled or maintained by the county un-
duced pressure principle detector assemblies(RPD) less the county's public water system is
approved by the Foundation for Cross-Connection protected as required by this division.
Control and Hydraulic Research (FCCC) and by Service of water to any premises shall be
the department are acceptable for installation. discontinued by the county if a backflow
prevention assembly required by this di-
Service connection shall refer to a county- vision is not installed, tested and main-
owned and maintained water service connection tained or if it is found that a backflow
to any facility and shall include the corporation prevention assembly has been removed or
stop, valving, saddle, service line and all fittings tampered with. Service shall not be re-
up to and including the meter and any backflow stored until such conditions or defects are
prevention assembly installed in accordance with corrected.
this division. Ownership and maintenance of the
service connection shall be is the responsibility of (2) The facility owner shall be responsible for
the county. monitoring the changes in use of the fa-
cility and the degree of hazard that those
Surface water supply means any source or changes represent to the county's public
supply of water which contains in part or entirety water system in accordance with this di-
Supp.No.24 CD134:71
§ 134-124 COLLIER COUNTY CODE
vision.Failure to provide this information d. In cases of a facility, where material
to the department in a timely manner is stored or handled so as to create
may result in immediate discontinuance an actual or potential hazard of any
of service until the facility owner has kind to the county's public water
corrected the hazard and reported the system,the public water system shall
information, as required under this divi- be protected by an approved air gap
sion, to the department. separation or approved reduced pres-
(3) An approved and appropriate backflow sure principle backflow prevention
prevention assembly shall be installed as assembly.
part of each service connection wherever e. In cases of any facility, where be-
and whenever any of the following condi- cause of security requirements or
tions exist beyond the service connection: other prohibitions or restrictions, it
a. An auxiliary water supply exists. is impossible or impractical to make
a complete cross-connection survey,
b. Industrial fluids or any other objec-
the county's public water system shall
tionable substances are handled in
be protected against backflow by ei-
such a fashion as to create an actual ther an approved air gap separation
or potential hazard of any kind to
the county's water system. or an approved reduced pressure prin-
ciple backflow prevention assembly.
c. Internal plumbing or piping arrange-
ments are not known, making it im f. In cases of any facility, where the
practicable or impossible to ascer-
tain whether or not cross-connections health threat is posed because of the --�
exist. presence of extremely toxic sub-
stances, the department may re-
d. A commercial facility and/or multi- quire an air gap at the service con-
family development exists. nection to protect the county's public
(4) The type of backflow prevention assembly water system.
required shall depend upon the degree of
hazard that may exist as follows: (5) Any required backflow prevention assem-
bly and its configuration shall be as spec-
a. In cases where there is a surface ified by this division, the Collier County
water auxiliary supply, the county's Utility Standards and Procedures Ordi-
water system shall be protected by nance, Ordinance No. 04-31, any amend-
an approved air gap separation or an ments or successors thereto and the
approved reduced pressure principle department's administrative and opera-
backflow prevention assembly. tional procedures.
b. In cases where there is a ground
water auxiliary water supply, the (6) In the case of any facility,where a backflow
county's public water system shall prevention assembly is installed, it shall
be protected by an approved reduced be the responsibility of the facility owner
pressure principle backflow preven to adhere to the requirements for facility
tion assembly. owners as specified within this division.
c. In cases where there are any sub- (7) All persons or companies providing ser-
stances that would be objectionable, vices to the county or the facility owner as
but not hazardous to health, the specified by this division shall comply
county's water system shall be pro- with all provision and requirements of
tected by an approved reduced pres- this division. Failure to adhere to the
sure principle backflow prevention requirements contained within this divi- --�
assembly. sion shall be grounds for removal from the
Supp.No. 24 CD134:72
UTILITIES § 134-126
department's approved list or termination minimum staff of certified personnel to perform
of any county contracts for the provision and or oversee the following services as required
of services under this division. by this division:
(8) All installed backflow prevention assem- (1) Cross-connection survey reports review;
blies existing as of the effective date of
this division that do not meet the require (2) Site (field) inspections;
ments of this division, but that were ap- (3) Cross-connection control systems approval;
proved assemblies for the purposes of this
division at the time of installation and (4) Emergency services and inspections;
that have been properly maintained,shall
be exempt from the construction Stan (5) Educational assistance regarding cross-
dards of this division and the department's connection control;
related administrative and operational pro- (6) Maintenance and correlation of data gen-
cedures provided that any such backflow erated by the cross-connection control pro-
prevention assembly will satisfactorily pro- gram;
tect the county's public water system.
Whenever any such existing assembly is (7) Administration of all fees and penalties of
moved from its present location or re- this program;
quires replacement,the assembly shall be (8) Review of qualifications established un-
replaced by an approved backflow preven- der this division for approving private
tion assembly meeting all of the require- independent testers and repair techni-
ments of this division. cians;
(b) County-owned backflow prevention assem- (9) Administration of any county contracts
blies,installation maintenance and testing require- for the installation, maintenance, repair
rents. and testing of backflow prevention assem-
(1) Ownership. The county shall own all blies; and
backflow prevention assemblies as re- (10) Installation,maintenance,repair and test-
quired by this division. ing of backflow prevention assemblies.
(2) Installation. The county shall install or (Ord. No. 97-33, § 5, 7-29-97)
cause to be installed the appropriate new
or replacement backflow prevention as- Sec. 134-126. Program responsibilities.
sembly in accordance with this division.
(a) Facility owner (privately owned assem-
(3) Maintenance. The county shall maintain blies).
or cause to be maintained all backflow
prevention assemblies in accordance with (1) The facility owner shall be responsible for
this division. evaluating the hazard posed by the facility's
system or facility's use and ensuring, by
(4) Testing. The county shall test or cause to installation of an appropriate backflow
be tested all backflow prevention assem- prevention assembly, that water from an
blies in accordance with this division. unsuitable source or any other harmful
(Ord. No. 97-33, § 4, 7-29-97; Ord. No. 08-32, § 3) substance does not enter the county's pub-
lic water system.
Sec. 134-125. Department responsibilities.
(2) All facilities (new and existing) that pose
The county shall maintain a cross-connection a hazard to the county's public water
control and backflow prevention section within system shall comply with all terms of this
the department to administer the requirements of division under the direction of the depart-
this division. The department shall maintain a ment.
Supp.No. 24 CD134:73
§ 134-126 COLLIER COUNTY CODE
(3) The facility owner shall comply with all system or facility's use poses to the county's
requirements specified by the department public water system and reporting that
in its administration of this division. information to the department so that the
(4) Upon order by the department, the facil department may install or cause to be
ity owner shall install, or cause to be installed an appropriate backflow preven-
installed, a backflow prevention assembly tion assembly.
and shall maintain such assembly at the (2) The facility owner is responsible for eval-
facility owner's expense. uating the effect of changes to the facility's
(5) The facility owner shall be directly respon water system or use of the facility over
sible, and wholly liable,for all procedures time to ensure that the existing backflow
regarding the facility's backflow assem prevention assembly is appropriate for
bly. that hazard and reporting that informa-
tion to the department.
(6) No facility owner may alter the backflow
prevention assembly protecting the county's (3) The facility owner is responsible for im
public water system unless such alter- mediately notify the department if the
ation is approved by the department. backflow prevention assembly is observed
to be either malfunctioning or damaged.
(7) No facility owner may circumvent the
facility's backflow assembly protecting the (c) The department (privately owned assem-
county's public water system. blies).
(8) No facility owner shall operate the facility's (1) The department shall review and approve
internal water system when any part of the data submitted by facility owners for
that system is malfunctioning in a man- the installation, repairs and overhauls of --�
ner that poses a hazard of any kind to the privately owned assemblies required un-
county's public water system. der this division or that were existing as
of the effective date of this division.
(9) The facility owner shall immediately re-
port to the department any malfunction (2) The department shall have the authority
or damage which could affect the to prohibit a service connection or order
assembly's ability to protect the county's the disconnection of service to any connec-
public water system. tion where:
(10) The facility owner shall be responsible for a. Any kind of hazard exists to the
arranging all installations,testing,repair county's public water system.
or overhauls in accordance with this divi- b. The facility owner fails to install,
sion. In addition, the facility owner shall operate and maintain an approved
be responsible for maintaining copies of and appropriate backflow preven-
all documentation and results of all tests, tion assembly in accordance with
repay overhauls, and replacements for this division.
the backflow assembly protecting the c. The department may inspect all new
county's public water system, on file at backflow assembly installations for
the facility's location for a minimum of compliance with this division, the
ten years. Collier County Utility Standards and
(11) The facility owner shall maintain a copy Procedures Ordinance,Ordinance No.
of the facility's cross-connection survey 2004-31, and any amendments or
report at the facility's location at all times. successors thereto, the then current
(b) Facility owner (county-owned assemblies). edition of the AWWA Manual M-14,
and other applicable department ad-
(1) The facility owner shall be responsible for ministrative and operational proce- --��
evaluating the hazard that the facility's dures.
Supp.No.24 CD134:74
UTILITIES § 134-126
d. The department shall accept for re- (2) Certified inspectors and engineers shall
view only those cross-connection sur- submit any and all information as re-
vey reports as performed by the fa- quested or directed by the department.
cility owner on the department's self-
evaluation forms or performed by a (3) Certified inspectors and engineers shall
certified cross connection control sur- maintain copies of all cross-connection
survey reports, blueprints, drawings, re-
vey inspector or professional engi-
neer. ports, inspections and any related corre-
spondence or documentation for a mini-
e. The department shall accept for re- mum of ten years.
view only those initial certification
tests, scheduled tests, overhauls, re- (4) Failure to provide accurate information in
pairs, and replacement reports for a timely manner as prescribed in this
any backflow prevention assembly division, shall be grounds for termination
performed by a certified technician of any county contracts for service pro-
from the department's approved list. vided in accordance with this division.
f. The department shall compile and (f) Certified backflow prevention technicians.
maintain all significant data result-
ing from reports submitted under (1) Certified technicians shall ensure that all
this division. tests,repairs and overhauls completed on
any backflow prevention assembly protect-
g. The department shall require addi- ing the county's water system are per-
tional data on any report as deemed formed in compliance with manufacturer's
necessary, prudent or helpful in the recommendations, AWWA guidelines and
execution of this division. standards, and this division.
(d) Department (county-owned assemblies). (2) Certified technicians shall submit to the
(1) The department shall install or cause to department all information relating to
be installed the appropriate backflow pre- tests, repairs and overhauls on any
vention assembly for the hazard pre backflow prevention assembly protecting
sented by each facility. the county's public water system as re-
quested by the department.
(2) The department shall perform or cause to
be performed all testing, repairs, mainte (3) Certified technicians shall ensure that all
nance and overhauls of county owned information submitted to the department
backflow prevention assemblies as re is reliable and accurate.
quired by this division. (4) Certified technicians shall maintain cop-
(3) The department shall maintain all records ies of all documentation relating in any
and other relevant information on each way to tests, test results, repairs, over-
county-owned backflow prevention assem- on backflow prevention assemblies
bly. protecting the county public water system
and any related correspondence or docu-
(e) Certified cross-connection control survey in- mentation for a minimum of ten years.
spectors and engineers.
(5) Certified technicians shall only perform
(1) Certified inspectors and engineers shall those activities for which their certifica-
ensure that AWWA guidelines and stan- tion is valid and approved as outlined in
dards are utilized in their preparation of this division. Reports submitted by non-
any facility's cross-connection survey re- certified or non-approved personnel shall
port and that the information provided in not be accepted by the department.
any such report is reliable and accurate. (Ord. No. 97-33, § 6, 7-29-97; Ord. No. 08-32, § 4)
Supp.No.24 CD134:75
§ 134-127 COLLIER COUNTY CODE "--...„
Sec. 134-127. Backflow prevention systems. (6) The assembly (itself) shall contain the
following minimum markings:
(a) Approved backflow prevention assemblies.
An approved backflow prevention assembly under a. The manufacturer's name or symbol;
this division is one that meets those standards set b. The type of assembly;
forth by the American Water Works Association
(AWWA), the American Society of Sanitary Engi c. Assembly size;
neers (ASSE) and the Foundation for Cross- d. Assembly model number;
Connection Control and Hydraulic Research e. Assembly serial number;
(FCCC), and is published as approved in the
FCCC's list of Approved Backflow Prevention f. Rated working water pressure;
Assemblies. For assemblies owned by the county, g. Direction of flow.
the county reserves the right to limit the number (7) No backflow prevention assembly shall be
of models of approved assemblies for purposes of installed under this division unless spare
standardization and conformity to system condi parts are represented by the manufac
tions.Approved assemblies shall have the follow turer to be available for a minimum of
ing features.
seven years from date of installation.
(1) Shall be testable in line.
(b) Hazard classifications. Unless otherwise
(2) Shall be repairable in line. specified by this division, the department shall
(3) Shall have approved shut-off valves to use the American Water Works Association(AWWA)
Gated at each end of the backflow preventer. standards and guidelines in determining all clas-
sifications of hazards (whether actual or poten-
(4) Shall be supplied with ammonia resistant tial). Single-family facilities shall be evaluated on "--..„
silicone discs or other material having the a case-by-case basis. To the extent such residen-
same ammonia resistant properties and tial facilities do not have auxiliary water sources
approved by the department. or other types of systems or operations on-site
(5) Shall have: which would classify the system as hazardous, a
backflow prevention assembly shall not be re-
a. Resilient seated (wedge), full-flow quired.Multifamily facilities with a single service
shut-off valves (or resilient seated, connection or individual service connections hav-
full-flow ball valves) on sizes two ing auxiliary water or other types of systems or
inches or smaller that shall be marked operations on-site that would classify the system
with: as hazardous shall have an RP assembly installed
1. The manufacturer's name or as required by this division.
symbol; (Ord. No. 97-33, § 7, 7-29-97; Ord. No. 08-32, § 5)
2. Nominal size of valve; Sec. 134-128. Backflow prevention system
3. Model number; design.
4. Working pressure. (a) All facilities.
b. Resilient seated testcocks with:
(1) The design shall be consistent with the
1. An operating stem,which must standards and specifications found in the
indicate if the testcock is open Collier County Utility Standards and Pro-
or closed; cedures Ordinance, Ordinance No. 2004-
2. The operating stem on a ball 31, and any amendments or successors
valve type of testcock must be thereto, and the department's operational
blow-out proof; and administrative procedures.
3. The materials specified as (2) The design shall utilize AWWA standards .—..„
bronze or approved equal. and guidelines and FCCC approved
Supp.No.24 CD134:76
UTILITIES § 134-128
backflow prevention assemblies(latest edi- facility's cross-connection status because
tion) unless otherwise specified by this plumbing plans of the facility's potable
division or the department's administra- water system are nonexistent, unreliable
tive and operational procedures. or unobtainable. In some instances where
(3) Backflow prevention assemblies shall be across connection survey is not feasible,
designed as part of the county's service an air gap separation or reduced pressure
connection, unless otherwise approved by assembly shall be installed based upon
the department. the degree of hazard.
(4) The facility owner shall be responsible for (c) Installation requirements.
determining if the facility's system re- (1) All installations shall be consistent with
quires an uninterrupted supply of water the department's administrative and op-
that would be adversely affected by rou- erational procedures.
tine maintenance or other activities in- a. All approved backflow prevention as-
volving the backflow prevention assem- semblies shall be installed above fi-
bly.The facility owner shall be responsible nal finished grade, unless otherwise
for installing or requesting a parallel approved by the department, and
backflow prevention assembly. In such shall be consistent with the
instances,two approved backflow preven- department's administrative opera-
tion assemblies of the same manufac- tional procedures.
turer, size and model numbers shall be
installed. b. All approved backflow prevention as-
semblies for commercial, industrial
(5) A minimum side distance of one and one- and multifamily facilities shall be
half feet from any and all, fixed aperture, installed above final finished grade,
or landscaping. Backflow devices must be unless otherwise approved by the
left accessible to county employees at all department.
times,this may pose or present a violation c. Residential double check backflow
of health, safety, and welfare. An entry
way of at least three feet in width must be assemblies may be installed below
maintained by property owner. Danger- grade in an enclosure specified or
ous and/or dense underbrush will be acceptable to the department.
trimmed to a"margin of safety"by county d. Residential reduced pressure assem-
employees and a charge determined by blies shall be installed above final
the county will be billed to property owner. finished grade.
(b) Existing facilities only. (2) Backflow prevention assemblies shall not
be installed above final finished grade in
(1) Residential (single-family). If an actual any type of vault, unless such vault is
hazard as defined in this division poses a constructed to allow at least 30 percent of
threat to the county public water system, its sidewalls to be open or ventilated at
an approved backflow prevention assem- the grade level. These openings or vents
bly shall be installed. shall be unobstructed and of such size to
(2) Other facilities. These facilities include, permit any vented water to freely pass
but are not limited to, commercial, indus through the openings to the outside.
trial, and multifamily residential facili- (3) Backflow prevention assemblies shall not
ties. Where actual or potential hazards be installed in any position other than
are identified, an approved backflow pre- horizontal, unless the assembly has re-
vention assembly shall be installed. In ceived approval for such installation by
some instances, it may be difficult or the assembly's manufacturer and the
impossible to accurately determine such a FCCC.
Supp.No.24 CD134:77
§ 134-128 COLLIER COUNTY CODE
(4) Backflow prevention assemblies shall be d. Be tested with test equipment ap-
installed in outside locations as part of proved by the AWWA or its equiva-
the department's service connection and lent.
shall be protected from possible damage
caused by normal traffic. (2) The department may require a more fre-
quent test schedule for assemblies serv-
(5) All backflow prevention assemblies shall ing facilities classified in accordance with
be a minimum of 12 inches above final this division as high hazard or that fre-
finished grade (or pad) to a maximum of quently fail regularly scheduled tests, as
30 inches, as measured from the lowest necessary to protect the public health and
point of the assembly. safety.
(6) All backflow prevention assembly instal (b) Overhaul schedules.
lations shall be preceded by a wye strainer (1) All backflow prevention assemblies shall:
(three-fourths inch to two inches) or top a. Be overhauled as necessary or as
access strainer (two and one-half inches recommended by the manufacturer,
to ten inches) and an appropriate shut-off unless other wise specified by the
valve to facilitate cleaning and inspection department of environmental protec
of the strainer.All assemblies and strain-
ers serving fire protection systems shall tion;
be approved for such service. In addition, b. Overhauled only by a certified
all assemblies shall be supplied with am- backflow prevention assembly tech-
monia resistant silicone discs or a depart- nician;
ment approved equal. c. Be overhauled using acceptable pro-
(7) Installers of backflow prevention assem- cedures as recommended by the
blies may test and certify the backflow assembly's manufacturer.
prevention assembly they have installed. (c) Repairs and replacements.
However, all such tests and certification
reports shall be completed only by a tech- (1) Backflow prevention assemblies.
nician with the appropriate certification a. Backflow prevention assemblies that
from the county's approved list. repeatedly fail a required test shall
(Ord. No. 97-33, § 8, 7-29-97; Ord. No. 08-32, § 6) be reported to the department imme-
diately and before any repairs are
Sec. 134-129. Service and reporting. undertaken. Required repairs shall
be performed by a certified techni-
(a) Testing frequency schedules. cian as outlined by this division.
b. Any assembly that is unable to be
(1) All backflow prevention assemblies shall:
repaired or overhauled(scheduled or
a. Be tested at least once every year, nonscheduled) shall be replaced im-
unless other wise specified by the mediately. At the completion of the
Florida Department of Environmen- repairs or replacement, the assem-
tal Protection; bly shall be tested by a certified
technician as outlined by this divi-
b. Be tested (and resealed) only by a sion.
certified backflow prevention device
technician; (2) Until such repairs or replacements are
completed,the service connection shall be
c. Be tested utilizing procedures ap- deactivated, if deemed necessary by the
proved by the AWWA or its equiva- department, to protect the public health, --�
lent; safety and welfare.
Supp.No.24 CD 134:78
UTILITIES § 134-129
(d) Testing equipment and methods. (2) Reporting of nonscheduled repairs or re-
(1) Test equipment. Certified backflow preven-
tion assembly technicians shall test such Any backflow prevention assembly which
assemblies using that equipment as rec-
ommended by the assembly's manufac mally or fails any test, shall be reported
turer and approved by the department. immediately by the facility owner as fol-
lows:
(2) Test methods. Only AWWA and FCCC Step 1: Notify the department. If the
methods shall be used when testing department's offices are closed, notify the
backflow prevention assemblies. after-hours on-call personnel.
(3) Certified backflow prevention assembly Step 2: Contact a certified backflow pre-
technicians shall have their testing instru- vention assembly technician from the
ments certified at least once every year department's approved list for immediate
for accuracy,or as often as the equipment repairs.
manufacturer recommends, whichever is
more frequent. The technician shall for- (3) Any time a replacement is required for a
ward a copy of the instrument's calibra- privately owned assembly, such new as-
tion report to the department.The depart- sembly shall comply with all sections of
ment shall not accepted testing reports this division.
prepared by technicians if such annual (f) Cross-connection survey reports.
calibration reports are not received by the
department.Calibration reports shall only (1) New facilities. The owner of a new facility
be accepted from sources approved by the shall submit a cross-connection survey
department. The department shall de- report for the facility to the department
velop procedures to approve testing sources prior to occupancy and service connection
activation. The report shall be submitted
based on manufacturing and industry stan-
dards. for the facility using the department's
approved forms. Survey reports shall in-
(e) Reporting. Facility owners are directly re- dude the survey inspector's or engineer's
sponsible for all reports and reporting procedures recommended backflow prevention assem-
regarding privately owned backflow assemblies bly for the degree of hazard created by the
protecting the county's water system. The facility facility. Survey reports for other than sin-
owner may designate an agent to act on his gle-family residences shall be completed
behalf, but in no way does such action alleviate by a certified cross-connection control sur-
the facility owner's responsibility. vey inspector or engineer and shall con-
(1) Reporting scheduled tests and overhauls tain that inspector's name and certifica-
(privately owned assemblies). Reports for tion number on each page or the engineer's
initial certification tests, regular annual seal and number. Any such reports sub
tests and overhauls of a facility's pri mitted to the department without this
vately owned backflow assembly must be information shall be deemed unaccept
completed by a certified technician as able and shall not be reviewed.For single-
required by this division. Such reports family residences, the survey report may
shall be forwarded to the department by be filled out by the facility owner using
the facility owner on the department's the department's approved self evalua
approved forms. It shall be the responsi- tion forms.
bility of the facility owner to mail or (2) Reclaimed water connections. All proper-
deliver the completed reports to the de- ties served by reclaimed water shall be
partment as outlined in this division and surveyed at intervals, acceptable to the
the department's administrative and op- department of environmental protection,
erational procedures. but no less than every three years as to
Supp.No. 24 CD134:79
§ 134-129 COLLIER COUNTY CODE _�
changes,additions or deletions in the cus- (6) Testing and overhaul schedule (privately
tomer plumbing system.All property sur- owned assemblies). Within 30 days after
veys found to have the potential to create final approval has been issued for a new
a cross-connection shall undergo further facility's backflow prevention assembly,
review up to and including site visits by the department shall send a letter to the
the county to investigate potential haz- owner outlining the testing and overhaul
ards. schedule. This letter shall list each com-
ponent of the facility's cross-connection
(3) Survey report review and approval. After control system and how frequently each
the department has received and re mechanism including the backflow pre-
viewed the cross-connection survey report vention assembly shall be tested and over-
for a proposed facility or use, the depart hauled (where applicable) and testing re-
ment may take the following action: sults and completion of overhauls shall be
a. The department may accept the cross- reported to the department.
connection survey report as written. (Ord. No. 97-33, § 9, 7-29-97; Ord. No. 08-32, § 7)
b. The department may reject the cross-
connection survey report as written. Sec. 134-130. Technical implementation.
c. The department may request addi- In order to provide protection to the county's
tional information before accepting public water system from contamination and a
or rejecting the report. high level of customer service and program qual-
d. The department may require a meet- ity at a reasonable and economical cost to the
ing with the facility owner's desig customers or consumers of the Collier County
Water-Sewer District and Goodland Water Dis-
nated agent, certified cross connec trict,all backflow prevention assemblies installed
tion control survey inspector,engineer
or all such entities or individuals for the purposes of complying with this division
involved before acting upon the re- shall be owned by the county.Any assemblies not
port as submitted. dedicated and conveyed to the county shall re-
main in private ownership unless the conveyance
(4) Department acceptance of cross-connec- is approved by the county. In cases where owner-
tion survey report. Upon acceptance and ship of a backflow prevention assembly remains
approval of the cross-connection survey with the facility owner,the facility owner shall be
report, the department shall issue a no- responsible for complying with all maintenance
tice of acceptance. Once a backflow pre- and other requirements of this division.The tech-
vention assembly has been approved by nical and administrative requirements of this
the department,no changes or alterations division shall be implemented as follows:
shall be made without the approval of the
department. (1) Program administration. It shall be the
responsibility of the department to admin-
(5) Final approval of backflow prevention as- ister, coordinate, monitor and track the
semblies(privately owned).After a facility's technical implementation and ongoing re-
backflow prevention assembly has been quirements of the ordinance for compli-
initially tested, certified and approved, ance.
the facility owner shall notify the depart-
ment that the new facility is ready for (2) New installations.
final inspection. The department or its a. Backflow prevention assemblies for
agent shall make a site inspection of the three-fourths inch through two-inch
new facility. Until the facility's backflow meters shall, if identified as neces-
prevention assembly passes this final in- sary at the time of service applica-
spection, the service connection shall not tion, be installed by the department --�,
be activated. or the county's contract agent as
Supp. No. 24 CD134:80
UTILITIES § 134-133
part of and at the time of the instal- shall be performed by an indepen-
lation of the county's service connec- dent certified backflow assembly tech-
tion. nician as outlined within this divi-
b. Backflow prevention assemblies for sion and meeting all legal,regulatory
and code requirements for the ser-
meters greater than two-inch size
shall be installed as part or the ser- vice classification.
vice connection for new construction (Ord.No.97-33,§ 10, 7-29-97;Ord.No. 08-32, §8)
by a plumbing or underground con-
tractor retained by the facility owner. Sec. 134-131. Reserved.
All such backflow prevention assem-
Editor's note—Ord. No. 2008-32, § 9, adopted June 24,
blies shall be conveyed to the county 2008,repealed§134-131,which pertained to program funding
for ownership in accordance with the and derived from Ord.No.97-33,§11,adopted July 29, 1997.
Collier County Utility Standards and
Procedures Ordinance,Ordinance No.
Sec. 134-132. Termination of service.
2004 3i,any amendments or succes-
sors thereto, and the department's
administrative and operational pro- (a) Any facility with a privately owned backflow
cedures. prevention assembly receiving water service from
the county's public water system that fails to
(3) Repairs. perform the required testing or make required
a. Repairs of backflow prevention as- repairs to the,backflow assemblies as directed by
semblies where the meter is three- this division,the department or a certified backflow
fourths inch through two inches shall assembly technician, shall be subject to termina-
be performed by the department or tion of service. Such termination may continue
the county's contract agent. until all violations of this division are corrected.
b. Repairs of backflow prevention as-
semblies where the meter is greater (b) Any facility with a county-owned and main-
than two inches shall be performed tained backflow prevention assembly shall not be
by the department or the county's subject to this provision as the department shall
contract agent. be responsible for the testing and maintenance of
the assembly.
(4) Reserved. (Ord. No. 97-33, § 12, 7-29-97)
(5) Replacements. Replacements of backflow
prevention assemblies shall be performed Sec. 134-133. Penalties.
by the department or the county's con-
tract agent. (a) Any person who violates any provision of
(6) Testing. this division, or amendments thereto, shall be
subject to the penalties provided in F.S. § 125.69.
a. County-owned assemblies. The de- In addition, the county may bring suit for dam-
partment or the county's contract ages for any violation of this division and amend-
agent shall perform all annual and ments thereto, and to restrain, enjoin or other-
miscellaneous testing on all county- wise prevent a violation of or mandate compliance
owned backflow assemblies.This sub- with this division and amendments thereto.
section of this division does not ap-
ply to the assembly's initial (b) Any penalty provisions in section 1-6 of this
certification when installed by a pri- Code apply to this division, except the $500.00
vate sector contractor for a facility fine limitation in subsection (c), therein. Fines
owner. applicable to any violation(s)of this division shall
b. Privately owned assemblies. All test- be determined by the then existing rules of the
ing of privately owned assemblies respective enforcement forum.
Supp.No.24 CD134:80.1
§ 134-133 COLLIER COUNTY CODE
(c) Any violation of this division can be re- with the establishment and ongoing maintenance
ferred for enforcement by Collier County Code of the cross-connection control program autho-
Enforcement Officer(s), in which event the provi- rized by this division.
sions of section 2-2044 of this Code shall apply. (Ord. No. 97-33, § 14, 7-29-97)
(d) Any violation(s) of this division may be Sec. 134-135. Reserved.
referred for enforcement to a code enforcement
board, special magistrate, or nuisance abatement
board, in which event the provisions of section ARTICLE V. SEWAGE SYSTEMS*
2-2030 of this Code shall apply.
(e) No individual shall be subject to imprison DIVISION 1. GENERALLY
ment for violating any provision of this division
except as may be imposed by the court for con- Secs. 134-136-134-145. Reserved.
tempt.
DIVISION 2. EXTENSIONS
(f) If it is determined by the public utility
administrator that; (i) an emergency without no- Sec. 134-146. Generally.
tice to the owner; or (ii) after reasonable notice
from staff to correct a correctable violation of this (a) Applicability. The provisions and require-
division was not promptly and completely cor- ments of this division shall apply to any sewage
rected by the owner,whereby county staff(and/or collection, pumping and/or transmission facility
a contractor contracted by the county) was re- being deeded to the county,which is an extension
quired to correct, abate, cure or otherwise serve from an existing county utility sewage facility, or --�
any hazard and/or contamination; make any re- a sewage facility being deeded to the county
pair, replacement and/or other improvement to under the provisions of the subdivision regula-
any privately owned assembly or part thereof, tions. For the purpose of said sections, a "sewage
and/or any connection, physical arrangement or facility" shall mean any gravity sewer line, force
facility (as such term is defined in this division), main, transmission pipeline, pumping or lift sta-
then pursuant to any applicable Florida law, tion, and any appurtenances related to any of the
including F.S. § 153.67, and/or Special Act Chap- aforementioned facilities.
ter 2003-353, Laws of Florida, including Section (b) Each developer, owner or builder shall be
10 and/or Section 22 therein, shall impose a lien responsible for the design,installation,inspection
(for such services) upon any parcel of property and testing of the complete utility system within
(land) affected thereby, including all costs, ex- their development and that necessary to connect
penses, interests thereon, and, as applicable,rea- the same to the county system. "Complete utility
sonable attorney's fees and all other costs of system" shall include all component parts of a
collection as applicable. sewage collection and transmission system, in-
(g) All other enforcement provisions in Chap- cluding valves, fittings, service laterals, man-
ter 2003-353, Laws of Florida, also apply to vio holes, pump stations and all appurtenances as
lations of this division. shown upon the approved design of such sewage
(Ord. No. 97-33, § 13, 7-29-97; Ord. No. 08-32,
collection system.
§ 10) (c) All plans and specifications of such pro-
posed installation shall conform to the county
Sec. 134-134. Collection of fees, charges or specifications as set forth in the county subdivi-
rates. sion regulations, and other codes as adopted and
The county or its agent shall be responsible for *Cross references—Approval of sewage disposal system
collecting any fees, charges or rates established required prior to issuance of building permit, §66-2;regional
by the board of county commissioners connected sewer system impact fee, §74-211 et seq.
Supp.No.24 CD134:80.2
UTILITIES § 134-148
as may be amended from time to time, and shall expense,connect the development's sewage collec-
be submitted to the county for approval, which tion system to the public facilities. Connection
approval shall not be unreasonably withheld, shall be made in full compliance with applicable
prior to submission to the appropriate local and rules,regulations and ordinances governing such
state agencies. connection.
(Ord. No. 79-33, § 1) (Ord. No. 79-33, § 2)
Sec. 134-147. Developer installed lines. Sec. 134-148. Turnover of lines and/or sys-
tem.
(a) The developer of a tract of land, after
approval of plans by the county, and other appro- When construction has been completed, the
priate agencies, shall, at his expense, install the turnover of lines and/or system to the district
required collection and transmission lines to con- shall be in accordance with the following proce-
nect the development to the district's collection duress
system. The developer shall, also at his own (1) Upon completion of construction, the en-
expense, after approval by the county and all gineer of record shall certify to the district
appropriate agencies, install all collection lines, as to construction, results of inflow/infil-
service laterals, manholes and related appurte- tration and pressure testing, and shall
nances within said development. The minimum forward to the district three sets of as-
size pipe allowed for the collection system shall be built or record plans,signed and sealed by
eight inches in diameter, and service laterals a state registered engineer,and one repro-
shall be six inches in diameter. Upon acceptance ducible mylar.
of such installation by the district, all transmis-
sion, collection, service laterals and manholes (2) By instruments acceptable to the district,
shall be deeded to and become the property of the the developer shall submit to the district
district through the procedure outlined in section the following:
134-148. a. Bill of sale for the lines, and/or sys-
tem;
(b) Should the district oversize the lines be-
yond the requirements to serve the developer,the b. Affidavit of no liens;
district shall reimburse the developer only for the c. Certification concerning contribu-
difference in the cost of the pipe. Should the tions in aid of construction;
district require manholes and appurtenances be- d. Verification of final costs;
yond the requirements to serve the developer,the
district shall reimburse the developer for the cost e. Legal description;
of such manholes and appurtenances. f. Copy of recorded plat (if a new sub-
division,or if an existing subdivision
(c) If the district cannot provide the develop- is redivided);
ment with sewage collection, the developer, after
approval of plans by the district and other appro- g. Contractual guarantees from suppli-
priate agencies, shall, at his expense, install the ers, along with applicable dates;
required sewage collection and treatment system. h. Up-to-date list of customers and/or
The sewage collection and treatment system shall owners of individual lots;
be maintained and operated by the developer in a
manner acceptable to all appropriate regulatory i. Recorded easements granting right
agencies until such time as the district or other of access to lines and/or system within
legally designated public body provides sewage private property.
collection and treatment facilities to the vicinity (3) The district shall not render service, pro-
of the developer's property. When such sewage cess building permits for such service,nor
collection and treatment facilities and services accept responsibility for maintenance of
become available, the developer shall, at his own lines and/or system until the documenta-
1/ Supp.No.49 CD134:81
134-148 COLLIER COUNTY CODE
tion set forth in subsections (1) and (2) of lished as currently defined by Florida
this section above has been received and Administrative Code,Rule 62-610.460, as
accepted by the governing body of the wastewater that meets, at a minimum,
district. secondary treatment and high-level disin-
(4) No plat will be certified by the utility fection prior to entering holding ponds or
division for final recording until subsec-
tions (1) and (2) of this section, excepting Water Supplies such as ground or surface
only subsection (2)f. of this section, are water; or(c)Any combination thereof. IQ
complete and acceptable. Water may also be referred to as reuse
(Ord. No. 79-33, § 3) water, effluent water or reclaimed water.
D. "Service Base Charge" shall mean a
Secs. 134-149-134-170. Reserved. monthly charge per dwelling unit or equiv-
alent dwelling unit connection for residen-
tial and non-residential accounts with no
ARTICLE VI. WATER-SEWER DISTRICT usage included. The Service Base Charge
UNIFORM BILLING, OPERATING AND includes components for administration
REGULATORY STANDARDS* billing, and meter size related system
maintenance costs.
DIVISION 1. DISTRICT RATES, FEES, E. "Sewer Use" shall be defined as the con-
CHARGES AND REGULATIONS nection of drains for all faucets and facil-
ities on the property,where potable water
Sec. 134-171. Definitions. is used in connection with sanitary pur-
Unless specifically provided otherwise these poses from the potable water system.Such
definitions shall apply to this Section: usages shall include,but not be limited to,
sinks, showers, bathtubs, commodes, uri-
A. "District"shall refer to the Collier County nals, bidets, dishwashers, washers, and
Water-Sewer District. other such facilities. "Sewer Use" shall
B. "Equivalent Dwelling Unit" shall mean specifically not include runoff water being
the equivalent usage requirements of an allowed to enter the District Sanitary
average or typical individually metered Sewer System.
single-family residential connection. It is F. "Sewer only use" shall be defined as the
used as a factor to convert a given average connection of drains for all faucets and
daily water or sewer requirement to the facilities on the property where well wa-
equivalent number of single-family resi- ter or potable water from a non-District
dential connections. water supply or where no water(leach ate)
C. "Irrigation Quality(IQ)Water"shall mean is used, in conformance with other Ordi
alternative water resources other than nances adopted by Collier County, or ap
potable,available to the District and shall plicable State and Federal laws, rules or
include: (a)reclaimed water-wastewater regulations.
that has received the treatment estab- G. "Potable Water Use" shall mean the sole
*Editor's note—Ord.No.01-73,§§1.1-1.4,adopted Dec. utilization of potable water from the Dis
11,2001,did not specifically amend this Code but is treated as trict system through all fixtures and pipe-
superseding §§ 134-171-134-174 in their entirety at the lines on the property except where a sep-
discretion of the editor. Further, said ordinance §§ 2.1-7 arately metered system is available solely
provided additional regulations included as§§134-175-134- for outside irrigation.Any such irrigation
180 at the discretion of the editor to read as herein set out.
Section 11 of said ordinance states that the revised rates shall shall require an approved cross Conner
not go into effect until April 1,2002.See the Code Compara- tion control device and a physical separa-
tive Table—Ordinance Disposition Table. tion from the remaining potable water
'41•1supp. No.49 CD134:82
UTILITIES § 134-172
system. "Water Use" shall specifically in- 2. Monthly bills for utility service will
dude, but not be limited to, the flow of be sent to the property owner at the
water to all sinks, dishwashers, corn- address requested in the service ap-
modes, urinals, showers, hot water heat- plication.
ers, washers, drinking water coolers and 3. Changes of address for billing pur-
drinking water machines. Such facilities poses must be approved in writing
shall also drain to the District's sanitary and duly signed by the property
sewer system, where available, in confor- owner. Approval can be by letter,
mance with other applicable sections of District change of address form, fax
this Ordinance as well as other Ordi- or by e-mail scanned attachment.
nances adopted by Collier County, or ap-
plicable State and Federal laws, rules or 4. Duplicate bills may be requested in
regulations. writing and duly signed by the prop-
(Ord.No.01-73, § 1.1, 12-11-01;Ord.No. 2006-27, erty owner by letter,fax or by e-mail
§ 3; Ord. No. 2013-44, § 1) scanned attachment.
5. A duplicate bill processing fee (Ap-
Sec. 134-172. Monthly rates, fees and pendixA-Schedule 5)will be charged
charges. to each account for each specific re-
Monthly rates, fees and charges for water, quest of a duplicate bill for utility
sewer, or IQ water, and fire meter services (re- service billing purposes. Duplicate
ferred to as "utility service")provided by or made bills are limited to one per account.
available by the District shall be sufficient to D. Methods of Payment.
recover system operation, maintenance, renewal, 1. Cash,check,direct debit and/or credit
enhancement, and replacement, debt service and card(when available),and electronic
any other costs or requirements of the District transfer are available methods to
and shall be proportionally distributed among pay monthly utility service bills ren-
system users and customers receiving the bene- dered by the District to the property
fits as follows: owner.
A. Monthly user fees for the Collier County 2. Cash, check and credit card pay-
Water-Sewer District. ments may be made at the District
1. Residential and non-residential prop- billing office address, as printed on
erties within the respective water the utility bill.
and sewer utility service boundaries 3. Check payments can be made through
of the District shall pay the rates, the U.S. Mail to the lockbox facility
fees and charges for service provided using the envelope provided with the
by the District in accordance with monthly water bill.
Appendix A- Schedule 1. 4. Credit card payments (when avail-
B. Monthly rates, fees and charges for IQ able) can be made via the internet
water service in the District service area and telephone.Automatic Credit Card
shall be in accordance with Appendix A- Payments may be set up via the
Schedule 2. internet.
C. Accounts and Bill Delivery Addresses. 5. Automatic Bank Payments,are avail-
1. Accounts shall be established in the able.Automatic Bank Payments may
name of the property owner as shown be approved by the District only of
on the Property Appraiser's data- ter the satisfactory completion of an
base or public records, such as may Automatic Bank Payment form.
be recorded by the County Clerk of 6. Non-Sufficient Funds (NSF) checks
Courts. returned by the District bank or
Supp.No.49 CD134:83
•
134-172 COLLIER COUNTY CODE
banks as uncollectible will not be trict water facilities. No credit shall
reprocessed for payment by the Dis- be given for any tapping charges
trict. The amount of the NSF check previously paid by the property owner
plus: i) the appropriate NSF charge with respect to the smaller meter
(Appendix A - Schedule 5); and ii) and service.A meter upsize applica-
where applicable, any other rates, tion form must be completed,signed,
fees and charges,will be billed to the and submitted by the property owner
account. prior to the installation of any larger
(Ord.No.01-73,§ 1.2, 12-11-01;Ord.No.2013-44, meter or applicable service line. The
§ 1) District installs meters two(2)inches
or smaller. The difference in impact
Sec. 134-173. District rates,fees and charges fees between the smaller meter and
other than monthly user fees. the larger meter must be paid before
A. Meter installation charges for meters and a work order will be issued for the
for cross connection control devices two(2)inches installation of the larger meter and
or smaller in size are to be paid to the District in if applicable,the time and materials
accordance with Appendix A- Schedule 3. cost to install a larger service line.
1. All meters and cross connection control b. When any property owner, with an
devices two (2) inches or smaller will be existing water meter,makes applica-
installed by the District and shall remain tion to the District for the installa-
the property of the District. tion of a smaller meter to replace a
2. For meters and cross connection control larger meter, a meter downsize ap-
devices larger than two (2) inches, the plication form must be completed,
materials and labor for installation of signed, and submitted by the prop-
such meters shall be furnished by the erty owner. Smaller meters will only
property owner or duly authorized indi- be considered where the property
viduals in accordance with District require- meets the criteria for the smaller
ments and specifications and dedicated to meter size. The District installs me-
the District in accordance with County ters two(2)inches and smaller.There
ordinances, at no cost to the District. shall be no refunds or credits of
3. Meters and cross connection control de tapping fees or impact fees given to
vices must be left accessible to District any property owner requesting a
employees at all times in conformance smaller meter.
with all Ordinances adopted by Collier c. For installations other than those
County, and applicable State and Federal identified above,installation charges
laws, rules or regulations. will be based on time, materials and
4. a. When any property owner with an an administrative fee. (Appendix A-
existing water meter makes applica- Schedule 4).
tion to the District for the installa-
tion of a larger meter to replace a d. When a property owner wishes to
smaller meter, and such installation change a meter three (3) inches or
is approved, by the District, the fol- larger, the property owner shall ob-
lowing charges shall apply(in accor- tain written approval from the Dis-
dance with Appendix A-Schedule 3): trict of such increase in meter sizing
a meter installation fee, a cross con- before engaging with a licensed con-
nection control device charge, and if tractor to undertake the work in full
required, a tapping fee for the con- compliance with provisions of Sub-
nection of the property to the Dis- section 134-174.N,of this Ordinance.
'11•08upp. No.49 CD134:84
UTILITIES § 134-173
B. Temporary Meters. installation of a temporary meter two (2)
1. a. Temporary meters two (2) inches or inches or smaller, will be issued by the
smaller may be installed and re- District only upon receipt of an executed
moved by the District. The fee for Temporary Meter Application.
such installation and removal shall C. Other rates, fees, and charges established
be based upon the District's actual by the District include but are not limited to the
costs for time, equipment and mate- services listed below. The actual charge rate for
rial, as appropriate, in accordance the service is in accordance with Appendix A -
with Appendix A- Schedule 4. Schedule 5.
b. Temporary meters larger than two 1. New Accounts-Property Change of Own-
(2) inches may be installed and re- ership.
moved by contractors,in full compli-
ance with provisions of Subsection 2. Meter Re-read or Data Log.
134-174.N, of this Ordinance. 3. Meter Test.
c. Mobile temporary meters may also 4. Meter Lock.
be used. Meter readings for all mo-
bile temporary meters must be sup-
plied to the District on a monthly 6. Meter Removal.
basis,as agreed at the time of appli-
7. Illegal Connection.
cation, or be subject to removal and
additional charges. 8. Credit Card Convenience Fee.
2. The temporary and mobile temporary me- 9. Temporary Meter Deposit.
ter monthly charge for service shall be
based upon the commercial monthly base 10. Duplicate Bill Processing Fee.
and volume charges in accordance with 11. Non-Sufficient Funds (NSF) Processing
Appendix A- Schedule 1. Charge.
3. A refundable temporary meter deposit(Ap- 12. Late Payment Penalty.
pendix A-Schedule 5)shall be paid by the 13. Vehicle Parked Over Meter Charge.
applicant concurrently with the Tempo-
rary Meter Application, except for tempo- 14. Removal of Landscape (to access meter
rary meters in association with District box and cross connection control device).
capital projects (projects supervised by D. Late payments for monthly user fees are
District staff).The deposit may be used to subject to a late payment penalty (Appendix A-
offset any costs for repair and/or replace- Schedule 5) on the unpaid balance after the due
ment to District owned temporary meters. date on the bill.
If damages and repair costs are greater
than the deposit, the applicant will be E. The rates, fees and charges as established
invoiced for the remainder of the differ- in this Section shall be reviewed on an annual
ence. The deposit may also be used to basis to ensure adequate revenues for District
offset outstanding account balances to the system operation,maintenance,renewal,replace-
extent service provided through the tem- ment, enhancement and debt service costs.
porary meter is requested to be termi F. Reasonable Customer Payment Agreements
nated by the applicant or at the request of may be allowed at the sole discretion of the
the District. District for payment of any services provided to
4. The District will be responsible for the the account. All Customer Payment Agreements
installation of any temporary meter two must provide for the full and timely payment of
(2)inches or smaller, other than a mobile all outstanding amounts due and any additional
temporary meter. A work order for the amounts that may be due to the District as a
L
Supp.No.55 CD134:85
§ 134-173 COLLIER COUNTY CODE
result of providing continued service to the ac- for funds prudently invested (AFPI) fees,
count.Any default of a Customer Payment Agree- as set forth in Schedule 7 hereby ap-
ment payment by a property owner or a tenant(as pended as part of Appendix A to this
approved by the property owner) may result in ordinance. The AFPI charges may be
termination of service and the requirement for all changed from time-to-time by Collier
outstanding balances to be paid in full before County Ordinance,or by resolution of the
service is re-connected. board of county commissioners, always
acting as ex-officio board of the Collier
G. Adjustments. County Water-Sewer District,provided the
1. Any debit or credit adjustments for any board publishes notice of one scheduled
District service can only be made as the public hearing with regard to all such
result of a documented and approved pro- then proposed changes.The proposed res-
cedure. olution or ordinance can be agendized on
2. Debit and/or credit adjustments for Dis-
trict errors and omissions should be ap-
plied to the account or refunded,if appro- 2. Allowance for funds prudently invested
priate, and are subject to appropriate (AFPI)fees afford the district an opportu-
review and authorization in accordance nity to earn up to a fair rate of return on
with the approved table of authorities. the district's investment in water and/or
H. Refund of Credit Balances/Final Bills. wastewater plant that has been con
structed but is not yet used and useful.
1. Refunds of credit balances for a continu- Such non-used and useful plant is by
ing account shall be processed and for- definition held for future use by the dis-
warded to the County's Finance Depart- trict's future water and/or wastewater cus-
ment for disbursement on a weekly basis. tomers. Such non-used and useful plant
2. Refunds of credit balances as a result of incurs costs such as, but not limited to,
final bills shall be processed and for- the district's embedded costs of borrowed
warded to the County's Finance Depart- money,investment of the district's money
ment for disbursement on a monthly ba- in such plant, as well as operation and
sis. maintenance expenses between the time
the plant is constructed and the time all of
3. Refunds of credit balances will be made the respective equivalent residential con-
payable to the individual or entity who nections (ERCs) are connected to the dis-
made the monthly payment(s)during the trict's respective utility system by means
period for which the credit balance re- of an "active connection." Calculation of
lates. the AFPI charges excludes plant paid from
4. In no event,shall refunds be processed for impact fees,which are classified in law as
credit balances which are less than the "contributions-in-aid of construction"
cost of processing as set forth in Appendix ("CIAC").
A- Schedule 5.
3. The amount of the applicable AFPI charge
5. In no event, shall final bills less than the is controlled (determined) by the month
cost of processing as set forth in Appendix when the related impact fee(a)to pay for
A- Schedule 5 be processed and mailed. the respective ERCs is received by county
I. Allowance for funds prudently invested(AFPI) staff. Each AFPI charge is calculated for
fee. one equivalent residential connection
(ERC)on a month-to-month basis. In this
1. The board of county commissioners as context there is no distinction between an
ex-officio board of the Collier County Water- ERC for residential use, industrial use,
Sewer District hereby adopts allowance commercial use or any other uses.
Supp.No.55 CD134:86
14.01
UTILITIES §134-174
4. These AFPI charges apply only to ERCs dress and the full street address of the
reserved by payment of the relevant wa- billing address if different from the ser-
ter and/or wastewater impact fees actu- vice address, together with contact de-
ally received by county staff subsequent tails.All connection and installation fees,
to October 1,2006 and these AFPI charges new account and any other fees,rates and
shall cease to apply to ERCS reserved by charges established by the District shall
staffs receipt of these impact fee pay- be paid in full at the time of application
ments subsequent to December 31, 2012. for service. The applicant shall also fur-
s. All water AFPI charges shall be ac nish the name of any tenant who may
counted for in a separate account for the occupy the property and any subsequent
subject water treatment facilities. All changes of tenant.
wastewater AFPI charges shall be ac- 4. Application for service as requested by
counted for in a separate account for the firms,partnerships,associations,corpora-
subject wastewater treatment facilities. tions and others (as being the applicant
(Ord.No.01-73,§ 1.3, 12-11-01;Ord.No.2006-27, requesting service from the District),shall
§ 1; Ord. No. 2013-44, § 1) be tendered only by duly authorized indi-
viduals (written evidence of Designated
Sec. 134-174. District regulation. Agent's/Officer's authorization must be pro-
A. Application For Service. vided by the property owner). When ser-
vice is rendered under agreement or agree-
1. To obtain service, an application/contract ments entered into between the District
form completed and signed by the prop- and an agent of the property owner, the
erty owner, must be presented at the use of such service by the property owner
office(s) of the District, or sent by letter, shall constitute full and complete ratifica-
email attachment or fax.Applications are tion by the property owner of the agree-
accepted by the District with the under- ment or agreements entered into between
standing that there is no obligation on the agent and the District under which such
part of the District to render service other service is rendered. A tenant of property
than that which is then available from its shall not be construed to be an agent.
existing facilities. The District reserves
the right to refuse service from its trans- 5. Where the District's water or sewer main
mission mains or to accept service to its is available to provide service to the prop-
collection system. erty, no Collier County Building Permit
2. Utility Service is furnished only upon may be issued until such time as proper
signed application/contract of the prop- application shall have been made for ser
erty owner, accepted by the District, and vice and all fees necessary for the render
the conditions of such application or agree- ing of such service shall have been paid to
ment are binding upon the property owner the District.
as well as the District. A copy of each 6. The District may withhold or discontinue
application or agreement for utility ser- service rendered under application made
vice accepted by the District will be fur by a property owner,or the property own-
nished to the property owner.
er's agent,unless all prior indebtedness to
3. The applicant property owner shall fur- the District of such property for utility
nish to the District their full name and, service has been settled in full. Service
street address, and a legal description of may be withheld or discontinued for non-
the property where service is to be ren- payment of bills and/or non-compliance
dered with respect to such application. with rules and regulations in connection
The applicant may furnish contact details with the same or any different class of
such as telephone number and email ad- service furnished to the same property
Supp.No.55 CD134:87
§134-174 COLLIER COUNTY CODE
owner at the same premises, or for non- discontinuance until such unauthorized
payment of any account for service to the extension, sale or disposition is discontin-
property. ued and full payment is made of bills for
service,calculated on proper classification
7. When ownership of a property is trans and rate schedules and reimbursements
ferred to a new owner, it is the responsi in full are made to the District for all
bility of the new owner to request an extra expenses incurred for clerical work,
Estoppel from the District at the time of testing and inspections.
title transfer to identify any outstanding
utilities balances against the property, as 2. The District will at all times use reason-
outstanding balances not paid will be trans- able diligence to provide continuous ser-
ferred to the new property owner's ac- vice, and having used reasonable dili-
count. gence shall not be liable to the property
owner or occupants for failure or interrup-
8. When a tenant who receives a duplicate tion of continuous water service. The Dis-
bill vacates a property the District must trict shall not be liable for any act or
be advised by the property owner to en omission caused directly by strikes, labor
sure that any automatic payment arrange troubles,accident,litigation,breakdowns,
ments are stopped. shutdowns for emergency repairs, or ad-
B. Limitation of Use, Continuity of Service. justment,acts of sabotage,enemies of the
United States, wars, state, municipal or
1. Unless authorized by the District, water, other governmental interference,force ma-
sewer, and/or IQ water service purchased jeure or other causes beyond its control.
from the District shall be used by the
consumer only for the purposes specified 3. Property Owners shall maintain that por-
in the application for service, and the tion of the water, and IQ water lines on
property owner shall not sell or otherwise their property located beyond the District
dispose of such service supplied by the service connection or point of delivery,
District. Unless authorized by the Dis and all loss of water through breaks or
trict, service furnished to the property leakage to the premises will be the respon-
owner shall be rendered directly to the sibility of and paid by the property owner.
property as delineated in the agreement The property owner shall maintain that
for service between the property owner portion of the sewer line located on their
and the District (service is considered as property.
being rendered to the property owner by C. Property Owner's Liability For Damage to
the District)through the District's connec- Equipment. The property owner is liable to the
tion, and under no circumstances shall District for any damage done to the District's
the property owner or property owner's equipment used in providing service to the prop-
agent or any other individual,association, erty owner, except damage done by District em-
or corporation install equipment for the ployees. The repair or replacement of District
purpose of disposing of said service. In no equipment by any property owner or duly autho-
case shall a property owner, except with rized individual constitutes an illegal connection
the written consent from the District, or tampering with District equipment without
extend their installation across a street, consent of the District and shall be subject to the
alley,lane,court,property line,avenue,or penalties hereinafter provided.Charges for repair
any other way,in order to furnish service or replacement of District equipment shall be in
for adjacent property, even though such accordance with Appendix A- Schedules 4 and 5.
adjacent property is owned by them. In
the event there is an unauthorized exten- D. Security Deposits on Water, Sewer, and IQ
sion, sale or disposition of service, the Water Accounts. Security deposits normally are
property owner's service will be subject to not required on District customer accounts for
Supp.No.55 CD134:88
oolue
UTILITIES § 134-174
water, and/or sewer, and/or IQ water service. by the County's Finance Department)ren-
However,the District may require a deposit equiv- dered by the District is delinquent for
alent to two (2) months average service when an non-payment of such bills for service.
account has been shut-off for non-payment more
than two(2)times in any six(6)month concurrent 2. When service has been discontinued for
period. These deposits may be returned after six non-payment of bills, service will be re
(6) months of timely payments. newed upon payment of: i) all unpaid
overdue bills; ii) a shut-off lock fee; iii) a
E. Property Owner's Responsibility for Water, late payment penalty; and iv) any other
IQ water, and/or Sewer Services;Bad Debts. fees or deposits that may be due to the
District from the property owner(Appen-
1. The property owner is responsible for all dix A Schedule 5).
water, IQ water, and/or sewer services
and/or other District services provided to 3. If the lock has been tampered with and
the property. In the event service is dis- the street cock has been turned on prior to
continued for non-payment, service will full payment of all fees the meter may be
be restored only after property owner has removed from the property, and the prop-
fully complied with provisions of Subsec- erty owner shall be subject to penalties in
tions 134-174.F.2 and F.3, of this Ordi- accordance with Section 134-178. Should
nance. the property owner request renewal of
2. Unpaid fees constitute a lien against the service for the property, service will be
property(see Subsection 134-174.P of this restored upon full payment of: i) all past
Ordinance). In the event water, and/or due bills plus a late payment fee where
sewer service and/or other District ser- applicable;ii)a meter removal fee;and iii)
vices have been discontinued for non- any other fees or deposits that may be due
payment and any or all services are re-
-to the District from the property owner
quested to be reinstated for the property (Appendix ASchedule 5).
in the future, this back debt plus associ- 4. If service has been discontinued for non-
ated charges must be paid before water payment of bills and an illegal water
and/or sewer service and/or other District connection is made, service will be re-
services will be furnished. stored only after the District receives in
3. Bad debts as a result of bankruptcy or full the payment of all unpaid bills. In
court actions will be written off in accor addition,other costs will be applied to the
dance with applicable laws, rules and account as appropriate, including: i)time
regulations. and material costs to remove the illegal
connection and restore service, as deter-
F. Dates Bills Due and Delinquent; Discontin- mined by the District; ii) the cost of the
uance of Service for Non-Payment;Reinstatement estimated amount of unbilled potable wa-
Following Discontinued Service. ter and sewer charges, as applicable, as
determined by the District during the
1. Utility service provided by the District period of the illegal connection; iii) the
shall be provided only to the property payment of any other fees or deposits that
owner and not the tenant occupying the may be due to the District from the prop-
property if different than the property erty owner, plus; iv) the property owner
owner. The total amounts due on bills for shall be subject to penalties in accordance
utility service are due in full by the due with Section 134-178 and the charge for
date set forth on the bill from the District having an illegal connection as specified
and are delinquent thereafter. The Dis- in Appendix A- Schedule 5.
trict shall discontinue all utility service
when any portion of the overdue utility 5. Billing for potable water, or IQ water
bill(above the cost of processing as charged services shall begin upon installation of
Supp.No.55 CD134:89
�... § 134-174 COLLIER COUNTY CODE
the meters. billing for sewers shall corn- trict,reading or repairing the potable and
mence upon issuance of the Certificate of IQ water meters, and cross connection
Occupancy, or Certificate of Completion. control devices located thereon, or turn-
ing the supply of such water service to the
6. The property owner shall immediately
notify the District of any additional dwell premises off or on.
ing units connected to the District's ser- H. Water Bill Complaints. Normally, high wa-
vice lines if the dwelling units have not ter bill complaints will not be accepted for inspec-
been included in previous applications. tion by the District unless all plumbing fixtures,
The property owner shall immediately piping and outlets have been examined by a
notify the District when the property is licensed plumber who has certified that there are
sub-divided into units, with individual no leaks. If an investigation is made by the
folios, that are then sold as independent District and the findings reveal the initial meter
units, each unit shall be individually con- reading was accurate and the meter is function-
nected to District Services. Costs for all ing properly, a meter re-read charge may be
work required for such connections shall charged to the property owner.The property owner
be incurred by the property owner at no shall be charged for meter tests which show the
cost to the District. The District's service meter is functioning properly.
may be discontinued for violation of this
Section. I. Meters, Location and Charge For Moving.
G. Billing Payment When Meter Reads Not Meters and any associated cross connection con-
Available;Right of Entry of Authorized Agents or trol devices shall be located within the County
Employees. utility easement serving the property,at the near-
est point to the tap-in main, unless specific cir-
1 , 1. Should the meter on any premises become cumstances dictate otherwise.If a meter is moved
y defective,such that the amount of potable at the request of the property owner,the property
or IQ water delivered to such premises for owner shall pay a fee equal to the District's full
the current month cannot be ascertained, cost to remove and re-install the meter, service
the property owner shall pay for that lines/laterals, and any associated cross connec-
month an amount equal to the previous tion control device at a different location in accor-
twelve (12) months average billings for dance with Appendix A- Schedule 4.
water volume charges unless the actual
amount of water can be determined. Cal- J. Connections With Water, Sewer, and IQ Wa-
culations for any such adjustments shall ter Required. The owner of each lot or parcel of
be in accordance with a documented and land, or unit with an individual folio within the
approved procedure. District where any improvement is now situated
2. The District reserves the right to estimate or shall hereafter be situated,shall,if the District
water, sewer, and IQ water charges dur operates and maintains water distribution and/or
ing a billing period.The estimate shall be sewer collection facilities along the frontage of
their property, connect or cause such improve-
based on previous twelve (12) months ment to be connected with the water and/or sewer
average billings for water, sewer, and IQ facilities of the District. The usage of such facili-
water charges. Calculations for any such ties shall, at a minimum,be used for all domestic
adjustments shall be in accordance with a usage and shall be connected within ninety (90)
documented and approved procedure. days following notification to do so by the District.
3. Duly authorized agents and employees of Connection to the IQ water system shall only be
the District shall, have access to any required if the development order and/or property
property for the purpose of examining the purchase agreements require such connection,
condition of fixture, service pipe installa- and there is IQ water available. Costs for all
tion and such other purposes as may be works required for such connections shall be
proper to protect the interest of the Dis- incurred by the property owner and the connec-
Supp.No.55 CD134:90
UTILITIES § 134-174
tions shall be made in accordance with rules and 5. Any exceptions to connections shall be in
regulations which may be adopted from time to accordance with a documented and ap-
time by the District, which rules and regulations proved procedure.
shall provide for a charge for making any such
connection in such reasonable amount as the L. Connections May Be Made By District. If
governing board of the District may fix and deter- any property owner of any lot or parcel of land
mine. No connection or connections shall be re- within the District shall fail or refuse to connect
quired where the water or sewer system or line is to and use the potable water, IQ water, and/or
more than two hundred (200) feet from such sewer facilities of the District after notification,as
property line. provided herein,then the District shall be autho-
rized to make such connections, entering on or
K. Exceptions To Connections. upon any such property for the purpose of making
1. This Ordinance shall not be construed to such connection. The District shall thereupon be
require or entitle any person to cross the entitled to recover the cost(Appendix A-Schedule
private property of another in order to 4) of making such connection, together with rea-
connect to the District's potable water,IQ sonable penalties and interest and attorney's fees,
water, and/or sewer service. by suit in any court of competent jurisdiction. In
addition and as an alternative means of collecting
2. Connection to the District sewer collec- such costs of making such connections, the Dis-
tion facilities may be deferred by the trict shall have a lien on such property for such
District for up to five(5)years,from when cost; which lien shall be equal dignity with the
access to District facilities becomes avail- lien of State and County taxes. Such lien may be
able, if the property owner demonstrates foreclosed by the County in the same manner
that an existing private sewer system on provided by the laws of Florida for the foreclosure
the property remains in compliance with of mortgages upon real estate.
Florida Department of Health operating
standards,or until modification or replace- M. Discontinuance of Water, Sewer, and IQ
ment is required. Monthly sewer base Water Service.
charges will be applied during this period. No property owner shall be relieved of the
3. Connection to the District sewer collec- obligation to pay water, sewer, and IQ water
tion facilities may be deferred if the Dis- charges unless the property owner has ob-
trict determines, in accordance with a tained a Discontinuance of Water, Sewer, and
documented cost estimate provided by a IQ Water Service Authorization from the Dis-
certified professional,that the connection trict.An example of a situation that may qual-
costs would be unreasonable, in order to ify for a discontinuance of water, sewer and IQ
meet utilities standards. Monthly sewer water service includes, but is not limited to,
base charges will be applied during this demolition and removal of all improvements
period. and structures on a property evidenced by a
completed demolition permit.
4. Connection to the District sewer collec-
tion facilities may be deferred if the Dis- When an authorization is granted to discon-
trict sewer collection facilities along the tinue water,IQ water,and sewer service,charges
frontage of the property is a force main shall terminate on the date of removal of the
and the District determines, in accor- meter by the District. The charge for a discon-
dance with a documented cost estimate tinuance of water and sewer authorization is in
provided by a certified professional, that accordance with Appendix A - Schedule 5.
the connection costs would be unreason- Charges for any subsequent re-installation of
able, in order to meet utilities standards. the water meter and sewer services will be in
Monthly sewer base charges will not be accordance with ERC calculations and with
applied during this period. Appendix A- Schedule 3.
Supp.No.55 CD134:91
134-174 COLLIER COUNTY CODE
N. Unlawful Connection Prohibited. No person department, or instrumentality which uses such
shall be allowed to connect into any water, sewer, service shall pay therefore at the rates fixed by
or IQ water line owned by the District without this Ordinance.
written consent of the District. The connection
with such line shall be made only under the R. Separate Connections For Each Separate
direction and supervision of the District. Any Unit.
property owner or plumber making any connec- 1. Unless authorized by the District, each
tion without such consent of the District shall, dwelling unit whether occupying one or
upon conviction be subject to the penalties here- more lots and whether it shall occupy any
inafter provided. lot or parcel jointly with any other dwell-
ing unit shall be considered a separate
O. Failure To Maintain Plumbing System. The unit for the payment of the water, sewage
property owner shall be responsible for maintain- disposal,and IQ water rates and charges,
ing and keeping free from obstruction the water, and separate connections will be required
sewer and IQ water pipes and associated assets for each of such dwelling units.
leading to and connecting from the plumbing
system to the District's water, sewers, and IQ 2. When a community of property owners.
water mains. Failure to keep such water, sewer, Homeowners Association (HOA) or Con-
and IQ water pipes and associated assets that are dominium association,where District ser-
the responsibility of the property owner free from vices are separately connected to each
obstructions and maintained in a proper manner, property, elects to have the District pro-
shall result in penalties in accordance with Sec- vide water service through a single mas-
tion 134-178. ter meter, a formal written request shall
be submitted to the District. The District
P. Unpaid Fees To Constitute a Lien. In the will provide details of the approved ad-
event that the fees, rates or charges for the ministrative process and requirements that
services and facilities of any water, and/or sewer, must be met to effect the requested change.
and/or IQ water system shall not be paid as and (Ord.No.01-73,§ 1.4, 12-11-01;Ord.No.2006-27,
when due, any unpaid balance thereof and all § 4; Ord. No. 2013-44, § 1; Ord. No. 2014-08, § 1)
penalties accruing thereon shall be an automatic
lien on any parcel or property affected thereby. Sec. 134-175. Submetering.
Such liens shall be superior and paramount to the
interest on such parcel or property of any owner, (a) A landlord who is a property owner within
lessee, tenant, mortgagor or other person except the District and who provides water, IQ water,
the lien of county taxes and shall be on a parity and/or sewer service to rental units through a
with the lien of any such county taxes. In the single master water meter shall,under any of the
event that any such fees, rates or charges shall following three circumstances, be exempt from
not be paid as and when due and shall be in the prohibitions contained in Subsection 134-
default for thirty days or more the unpaid balance 174.B.1 against the sale or disposition of District
thereof and all interest accrued thereon,together water, IQ water, and/or sewer service:
with attorneys fees and costs, may be recovered (1) A landlord may apportion the monthly
by the District in a civil action,and any such lien charge for District water,IQ water,and/or
and accrued interest may be foreclosed or other- sewer service through the master meter
wise enforced by the District by action or suit in equally among all rental units provided
equity as for the foreclosure of a mortgage on real that the total monthly charge to all rental
property. units shall not exceed the landlord's ac-
Q. No Free Service. No water,sewage disposal, tual cost for District water, IQ water,
or IQ water service shall be furnished or rendered and/or sewer service; or
free of charge to any person, firm, corporation or (2) A landlord may install submeters for each
governmental body.Each and every County agency, rental unit to measure each unit's usage
Supp.No.55 CD134:92
UTILITIES § 134-175
of water service and then charge each cifically referencing the landlord's ability to
unit according to its measured usage; submeter pursuant to the terms of this Ordinance
however in no event shall the amount and initialed by the tenant.
charged to all the rental units exceed the
landlord's actual cost for District water (c) Upon a tenant's written request, any land
lord who exercises his privilege to recover his
and/or sewer service. A landlord who in actual cost for District water, IQ water, and/or
stalls submeters shall comply with the sewer service shall provide to the tenant docu-
requirements of Subsection(d),below and mentation of the landlord's actual cost for District
shall not recover more than his actual water, IQ water, and/or sewer service as well as
cost for District water and/or sewer ser- documentation and a written explanation of the
vice associated with the respective master basis for any costs charged to the tenant for
meter and shall not pass on to his tenants water, IQ water, and/or sewer service. Such doc-
any of the capital or administrative cost umentation and written explanation shall be pro-
incurred in the installation and monitor- vided within five(5)business days from receipt of
ing of the submeters or the billing of the written request.
tenants for their water, IQ water, and/or
sewer service usage; or (d) Furthermore, upon dispute of a water, IQ
water, and/or sewer bill by a tenant in person, in
(3) A landlord may also provide water, IQ writing, by telephone, or in any other manner, a
water,and/or sewer service to rental units landlord shall, within five (5) business days of
through a single master water meter for receiving notice of the tenant's dispute,pursue all
no specific compensation provided that in of the following remedies in an effort to resolve
no event shall any landlord recover more the dispute:
than his actual cost for District water, IQ (1) Reread the master meter and/or any
water, and/or sewer service from his ten- submeter to verify the accuracy of the
ants. meter reading process and the working
condition of the meter(s);
(b) For any rental units which are under lease (2) If the working condition or accuracy of the
agreement as of the effective date of this Ordi- master meter or any submeter is in ques-
nance,a landlord choosing to install submeters as tion after being reread,the landlord shall
provided in Subsection 134-175(d),shall not begin have the meter tested;
monitoring a rental unit's water usage and corre-
sponding billed sewer flow where applicable for (3) If after being tested the master meter or
the purposes of charging a unit according to its any submeter is found to be inaccurate or
actual water usage and sewer until the expiration otherwise defective, the District or the
of the then existing term under such lease agree- landlord, as the case may be, shall imme-
ment. Upon renewing an expired lease, or upon diately repair or replace the meter.
entering any new lease agreement with a tenant (4) Provide documentation of current and past
subsequent to the effective date of this Ordinance, billing practices with respect to the appli-
a landlord choosing to submeter shall fully dis- cable rental unit for the period of the
close to the tenant the landlord's ability to sepa- requesting tenant's occupancy;
rately charge each rental unit for water,IQ water,
and sewer service according to its metered water (5) Arrange a meeting with the tenant and
usage. Such disclosure must be in both of the the property manager or some other rep
following forms: (1) oral representations by the resentative of the landlord to discuss the
landlord to the tenant at the time of negotiating billing process; and
the lease and before either party has signed the (6) Any tenant whose request is unsatisfac-
lease agreement;and(2)by a conspicuously printed torily addressed or who has exhausted the
disclosure provision in the lease agreement spe- above options without redress may bring
11.1
Supp.No.55 CD134:92.1
""" § 134-175 COLLIER COUNTY CODE
suit in a court of competent jurisdiction to as described in this section is deemed not to
obtain relief under F.S. ch. 83, the Land- constitute the sale or disposition of sewer service.
lord Tenant Act.
(g) Any condominium association or Homeown-
(e) All submeters must register within the ers Association (HOA) that is a customer of the
accuracy standards as currently approved and District and provides water and/or sewer and/or
used by the District for its own water meters. In IQ water service to condominium units or single-
addition, any landlord installing submeters shall family homes/units through a single master me-
provide, where applicable, the following services, ter may allocate the cost for such water service
at the landlord's expense, which either meet or among its members either by equal ap
portion-
exceed the level of service currently provided by ment,installation of submeters,or otherwise pro-
the District with respect to its water meters: vided that such allocation of cost is restricted to
(1) The landlord shall promptly, upon receiv- recovery of the condominium association's actual
ing notice, repair all submeter leaks; cost for District water and/or sewer service and/or
IQ water and directly related administrative or
(2) The landlord shall promptly, upon receiv capital expenses incurred in recovering that cost.
ing notice,replace any failed service lines Upon a member's written request, any condomin-
or associated components; ium association or HOA that exercises its privi-
(3) The landlord shall promptly, upon receiv- lege under this exemption from the prohibitions
ing notice, replace damaged or deterio- in Subsection 134-174.B.1 to recover its actual
rated submeter boxes or lids, and shall, cost for District water and/or sewer and/or IQ
where applicable,lower or raise a submeter water service and directly related administrative
box to grade as necessary; and capital expenses incurred in recovering that
l (4) The landlord shall, upon receiving a wa cost shall provide to each individual member
v ter quality complaint, check applicable documentation for the condominium association's
connections and flush applicable service or HOA's actual cost for District water and/or
lines; sewer and/or IQ water service as well as documen-
tation and a written explanation of the basis for
(5) The landlord shall, upon receiving a low any costs charged to the member for water and
pressure complaint, check and test the sewer service. Such documentation and written
system to ensure proper operation; explanation shall be provided with five (5) busi-
(6) The landlord shall locate and provide the ness days from receipt of the written request.The
location of all submeters and service lines provision of water service through a single master
upon reasonable request by a tenant; water meter by a condominium association or
HOA as described in this section is deemed not to
(7) The landlord shall turn off applicable constitute the sale or disposition of water service.
submeters in emergency situations; The provision of sewer service as described in this
(8) The landlord shall read all submeters no section is deemed not to constitute the sale or
less frequently than once a month; disposition of sewer service. The provision of IQ
water service as described in this section is deemed
(9) The landlord shall replace all submeters not to constitute the sale or disposition of IQ
that become stuck or difficult to read; and water service.
(10) The landlord shall notify the tenant of a
potential leak upon reading a submeter (h) Any landlord or condominium association
that reflects an unusually high usage. or HOA that elects to install submeters shall not
charge a security deposit.
(f) The provision of water and/or IQ water
service through a single master meter by a land- (i) A landlord who is a property owner within
lord as described in this section is deemed not to the District and who owns multiple rental units
constitute the sale or disposition of water and/or or lots, within a single parcel, shall only provide
IQ water service. The provision of sewer service water and/or sewer and/or IQ Water services
Supp.No.55 CD134:92.2
UTILITIES § 134-177
through a single master water meter, unless an south line of Section 27, Township 50 south,
approved service exists prior to the approval of Range 25 east, to the southeast corner of said
this Ordinance. Property owners of record are Section 27;thence northerly along the easterly
responsible for payment of all delinquent bal- City limit line and the east line of said Section
antes. 27 to the northeast corner of said Section 27;
(j) A landlord who is a property owner within thence westerly along the north line of Section
the District and who provides water and/or sewer 26, Township 50 south, Range 25 east, to the
northeast corner of said Section 26: thence
and/or IQ water services through a single master northerly along the east line of Section 23,
meter to multiple rental units or lots, within a Township 50 south, Range 25 east to its inter-
single parcel, and who sells any of the units or
lots, such that they become individual parcels, section with the southerly right-of-way line of
shall be responsible for notifying the District of Thomasson Drive; thence easterly along said
the transactions. Separately metered water ser southerly right-of-way line of Thomasson Drive
to its intersection with the range line between
vices, and as appropriate sewer services, and/or Range 25 east and Range 26 east: thence
IQ water services are required to be provided to northerly along said range line lying between
each new property,resulting from the sale of such Range 25 east and Range 26 east to the north-
units or lots, prior to the issuance of Certificates east corner of Section 13, Township 49 south,
of Occupation,or Certificates of Completion,or on Range 25 east;thence westerly along the north
change of ownership. The District will provide
details of the approved administrative process line of Sections 13, 14, 15, 16 and 17,Township
and requirements that must be met to effect the 49 south, Range 25 east to the intersection of
the north line of said Section 17 with the
requested change. easterly shoreline of the Gulf of Mexico;thence
(Ord. No. 01-73, § 2.1-2.8, 12 11 01; Ord. No. southerly along the meanders of the easterly
2013-44, § 2; Ord. No. 2014-08, § 2) shoreline of the Gulf of Mexico to the point of
beginning.
Sec. 134-176. City of Naples service area. (Ord. No. 01-73, §§ 3.1-3.4, 12-11-01; Ord. No.
(a) No extension of existing distribution water 2013-44, § 3; Ord. No. 2014-08, § 3)
mains of the water system of the City of Naples
may be made within the District, without the Sec. 134-177. Appendices for rates,fees and
prior,written consent and approval of the govern- charges.
ing board of the District, except that this Ordi-
nance shall not apply to the lands described in The Board of County Commissioners as Ex-
Subsection (d). officio Board of the Collier County Water-Sewer
(b) All applications for said distribution water District hereby adopts the Rates,Fees,and Charges
main extensions shall be made in writing to as set forth in Schedule 1 through 5; inclusive,
District staff who shall present said requests to appended hereto as Appendix A, which as of
the governing board of the District within thirty October 1, 2006, shall be imposed upon all users
(30) days of receipt thereof. of the District's services within the District's
boundaries and outside the District's boundaries
(c) The governing board of the District may subject to appropriate mutual agreements. These
attach reasonable conditions to the issuance of rates, fees, and charges may be changed from
permits for distribution water main extensions. time to time by ordinances or by resolutions of the
(d) The City of Naples Water Service Area Board of County Commissioners as Ex-officio Board
Boundaries are as follows: of the Collier County Water-Sewer District, pro-
vided the Board publishes, in a newspaper of
Beginning at the intersection of the easterly general circulation in Collier County, notice of an
shoreline of the Gulf of Mexico with the south- advertised public hearing with regard to the then
erly City limit line of the City of Naples;thence proposed schedule amendments. The proposed
easterly along said southerly City limit and the amendments (by County Ordinances or Board
Supp.No.55 CD134:92.3
§ 134-177 COLLIER COUNTY CODE
Resolutions) can be agendized on the Board's Sec. 134-180. Declaration of exclusion from
regular agenda or on the Board's summary agenda the Administrator Procedures
subject to removal to the Board's regular agenda. Act.
(Ord. No. 01-73, § 4, 12-11-01; Ord. No. 2006-27,
§ 2; Ord. No. 2013 44, § 4) The county water-sewer district board shall
exercise jurisdiction over the provision of water
and sewer services within the boundaries as here-
Sec. 134-178. Penalties. inafter provided for,and shall be exempt from the
provisions of F.S. ch. 120. No privately owned
Unless another penalty is specifically provided water or sewer utility shall be abandoned without
for, any person who violates any section or provi- adequate provision for continuance of service and
sion of this Ordinance shall be prosecuted and the prior approval of the board.
punished as provided by F.S. § 125.69. Each day (Ord. No. 01-73, § 7, 12-11-01)
the violation continues shall constitute a separate
offense.Additionally,the Board may bring suit for Secs. 134-181-134-185. Reserved.
damages or to restrain, enjoin or otherwise pre-
vent the violation of this Ordinance, before the
Special Magistrate, or, in the Circuit Court of
Collier County.
(Ord. No. 01-73, § 5, 12-11-01; Ord. No. 2013-44,
§ 5)
Sec. 134-179. Confidentiality.
Confidential Information.
A. Information and data on a user obtained
from reports, questionnaires, applica-
tions, and other material provided shall
be available to the public or other govern-
mental agency without restriction unless
the user specifically requests and is able
to demonstrate to the satisfaction of the
District and County that the information
is not "public record" under then applica-
ble law, and is clearly within an exemp-
tion outlined in the Florida Public Record
Law of the State of Florida,F.S.ch. 119,or
its successor in function.
B. Notwithstanding any of the provisions of
this Article,nothing shall be construed or
interpreted to require the County or the
District to violate any of the applicable
public records law(s).Any release of infor-
mation or disclosure made by the County
or District in order to comply with such
law should not give rise to a claim what-
soever.
(Ord. No. 01-73, § 6, 12-11-01; Ord. No. 2013-44,
§ 6)
tire
Supp.No.55 CD134:92.4
UTILITIES
APPENDIX A. FEES, RATES AND CHARGES
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
SCHEDULE 1-DISTRICT-WIDE WATER and WASTEWATER RATES
1. WATER:
Effective Effective Effective
October 1,2010 October 1,2011 October 1,2012
WATER SERVICE BASE CHARGES
Residential,Multifamily,Commercial,and Irrigation Only)
Meter Size
6/8" $17.63 $17.63 $17.63
3/4" 17.63 17.63 17.63
1" 38.92 38.92 38.92
1-1/4" 49.28 49.28 49.28
1-1/2" 74.20 74.20 74.20
2" 116.48 116.48 116.48
3" 215.32 215.32 215.32
4" 356.45 356.45 356.45
6" 709.27 709.27 709.27
8" 1,132.64 1,132.64 1,132.64
10" 2,049.94 2,049.94 2,049.94
12" 2,768.73 2,768.73 2,768.73
VOLUME CHARGE PER 1,000 GALLONS
(Residential,Multifamily,Commercial and Irrigation Only)
Block 1 $2.42 $2.42 $2.42
Block 2 3.64 3.64 3.64
Block 3 4.84 4.84 4.84
Block 4 6.05 6.05 6.05
Block 5 7.25 7.25 7.25
Block 6 9.67 9.67 9.67
BLOCK RATE STRUCTURE
(Residential,Multifamily,Commercial and Irrigation Only)
Consumption Block(Thousands of Gallons)
Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6
3/s" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50
3/4" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50
1" 0 to 12 13 to 25 26 to 50 51 to 75 76 to 120 Over 120
1-1/4" 0 to 20 21 to 40 41 to 80 81 to 120 121 to 200 Over 200
142" 0 to 25 26 to 50 51 to 100 101 to 150 151 to 250 Over 250
2" 0 to 40 41 to 80 81 to 160 161 to 240 241 to 400 Over 400
3" 0 to 80 81 to 160 161 to 320 321 to 480 481 to 800 Over 800
4" 0 to 120 121 to 250 251 to 500 501 to 800 801 to 1,200 Over 1,200
6" 0 to 250 251 to 500 501 to 1,000 1,001 to 1,500 1,501 to 2,500 Over 2,500
8" 0 to 450 451 to 900 901 to 1,800 1,801 to 2,700 2,701 to 4,500 Over 4,500
10" 0 to 700 701 to 1,450 1,451 to 2,900 2,901 to 4,300 4,301 to 7,000 Over 7,000
12" 0 to 1,075 1,076 to 2,150 2,151 to 4,300 4,301 to 6,450 6,451 to 11,000 Over 11,000
Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated.
Rate adjustments represent the greater of:i)0.00%(no change);or ii)100%of the annual change in the Miami-Fort Lauderdale
CPI as of April of the preceding fiscal year less 2.4%.
L
Supp.No.55 CD134:92.5
COLLIER COUNTY CODE
2. WASTEWATER:
Effective Effective Effective
October 1,2010 October 1,2011 October 1,2012
WASTEWATER SERVICE BASE CHARGES
(Residential,Multifamily,and Commercial)
Meter Size
Ne" $26.94 $26.94 $26.94
3/4" 26.94 26.94 26.94
1" 61.25 61.25 61.25
1-'/4" 78.52 78.52 78.52
1-V2" 118.51 118.51 118.51
2" 187.26 187.26 187.26
3" 347.60 347.60 347.60
4" 576.40 576.40 576.40
6" 1,148.69 1,148.69 1,148.69
8" 1,835.65 1,835.65 1,835.65
10" 3,291.09 3,291.09 3,291.09
12" 4,877.93 4,877.93 4,877.93
VOLUME CHARGE PER 1,000 GALLONS
(Residential,Multifamily,and Commercial)
All Usage $3.79 $3.79 $3.79
Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated.
Rate adjustments represent the greater of:1)0.00%(no change);or ii)100%of the annual change in the Miami-Fort Lauderdale
CPI as of April of the preceding fiscal year less 2.4%.
l Monthly individually metered residential usage charges are capped at 15,000 gallons.
e 3. Fire Systems (Dedicated and Compound):
(a) Fire Meter:
(i) Fire Service meter size will refer to the largest diameter meter register installed for fire
protection.
(ii) Fire Service meter connections that have consumption of 6,000 gallons or more in any one
billing period are deemed to have provided domestic or other water usage and shall be billed
according to regular water monthly and usage charges as described herein.
(b) Volume Charge:
(i) Per 1,000 gallons
4. Water Restriction Surcharge:
Percent Reduction Goal Flow Charge Rate
Water Shortage Phase* In Overall Demand Adjustment Percentage
Phase 2-Severe 30% 15%
Phase 3-Extreme 45% 30%
Phase 4-Critical 60% 40%
*Per the South Florida Water Management District(SFWMD)Water Shortage Plan Pursuant to Chapter 40E-21 of the Florida
Administrative Code(FAC)
The surcharge will be applicable to the volume charge for all single-family and multifamily residential accounts for all
consumption greater than Block 2, to non-residential accounts for all consumption greater than Block 1, and to irrigation
accounts only for all consumption. The Block Structures are specified in Section One above. The surcharge is not assessed
against the service charge.
The water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions.The
surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions.
Supp.No.55 CD134:92.6
`/ UTILITIES
SCHEDULE 2-IRRIGATION QUALITY WATER RATES
Existing
Monthly Rates Proposed Monthly Rates [1]
Effective Effective Effective
10/1/2008 10/1/2011 10/1/2012
SERVICE BASE CHARGE
Meter Size
5/s" $5.40 $5.64 $5.90
3/4" 5.40 5.64 5.90
1" 11.80 12.33 12.89
1-1/2" 24.70 25.81 26.97
2" 49.30 51.52 53.84
3" 97.60 101.99 106.58
4" 195.20 203.98 213.16
6" 371.00 387.70 405.14
8" 673.40 703.70 735.37
10" 1,077.65 1,126.14 1,176.82
12" 1,605.20 1,677.43 1,752.92
VOLUMETRIC CHARGE PER 1,000 GALLONS
Customer Type:
Bulk $0.32 $0.33 $0.35
Pressurized 0.41 0.43 0.45
Pressurized and Distributed 0.81 0.85 0.88
[1] Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each
fiscal year indicated.
k/ Supp.No.49 CD134:92.7
COLLIER COUNTY CODE
SCHEDULE 3—METER TAPPING CHARGES AND CROSS CONNECTION CONTROL DEVICE
CHARGES
Meter Installation Charges (Tapping Fees)
1. Meter Installation Charges to be paid to the District shall be as follows:
Meter size meter tapping charges:
Summary of Meter Tapping Charges
With Service Line Installation Charge (1)
Meter Size Effective October 1, 2008 Effective October 1, 2010
3/4 inch $779.00 $779.00
1 inch $827.00 $827.00
1 Vz inch $940.00 $940.00
2 inch $1,213.00 $1,213.00
Summary of Meter Tapping Charges
Without Service Line Installation Charge(1)
Meter Size Effective October 1, 2008 Effective October 1, 2010
3/4 inch $257.00 $257.00
1 inch $270.00 $270.00
1 V2 inch $347.00 $347.00
2 inch $410.00 $410.00
"—"`;ross Connection Control Device Charges (Formerly known as Backflow Device)
�./ 2. Cross Connection Control Device Charges to be paid to the District shall be as follows:
Reduced Pressure Zone Device Charges
Meter Size Effective October 1, 2008 Effective October 1, 2010
''/4 inch $247.00 $247.00
1 inch $270.00 $270.00
1 1/2 inch $375.00 $375.00
2 inch $433.00 $433.00
(1) Typical costs where the District performs all work.Actual invoice costs will be charged for work performed
by subcontractors.
LtSupp. No.49 CD134:92.8
UTILITIES
SCHEDULE 4-EQUIPMENT, LABOR AND ADMINISTRATIVE CHARGES
Summary of Equipment,Labor and Administrative Charges
DESCRIPTION Effective October 1,2008 Effective October 1,2010
(1) Equipment(Per Hour Rates):
Rehab & Electrician's Truck $77.00 $77.00
Crew Truck $51.00 $51.00
Vactor Truck $207.00 $207.00
Camera Truck $155.00 $155.00
Boom Truck $103.00 $103.00
20 Yard Dump Truck $72.00 $72.00
10 Yard Dump Truck $41.00 $41.00
Pumper Truck $207.00 $207.00
Track Hoe (Big or Small) $51.00 $51.00
Back Hoe $67.00 $67.00
Olympian Generators $62.00 $62.00
Dewatering System $41.00 $41.00
4" Trash Pump $10.00 $10.00
Mud Hog $15.00 $15.00
Trailer $46.00 $46.00
Signs, Barricades and/or Traffic $103.00 $103.00
Board
Road Saw and/or compactor $15.00 $15.00
Miscellaneous Small Equipment $5.00 $5.00
Soft Dig Truck N/A $100.00
Portable Lights N/A $25.00
Bucket Truck N/A $125.00
Pickup Truck N/A $40.00
(2) Labor (Per Hour Rates):
Utility Technician $31.00 $27.00
Supervisor $41.00 $34.00
Crew Leader N/A $29.00
Senior Crew Leader N/A $30.00
Maintenance Specialist N/A $28.00
Safety Coordinator N/A $38.00
SCADA Operator N/A $30.00
GIS Technician N/A $32.00
Odor Control Specialist N/A $32.00
Parts Manager N/A $30.00
Parts Clerk N/A $26.00
Equipment Operator N/A $26.00
(3)Administration 15%or$300.00; 15%or$300.00;
(Per incident) whichever is smaller whichever is smaller
(4) Parts Actual Cost Actual Invoice Cost
(5) Sub-contractors Actual Cost Actual Invoice Cost
(6) Right-of-Way Permits Actual Cost
(7) Laboratory Tests (Per test) $25.00
oleiwi Supp.No.49 CD134:92.9
COLLIER COUNTY CODE
SCHEDULE 5-MISCELLANEOUS CHARGES
Summary of Miscellaneous Charges
DESCRIPTION Effective October 1,2010 Effective October 1,2011
New Accounts-including Property Change of Ownership $28.00 $28.00
Turn Off-Turn On at Owner's Request $50.00 $50.00
Meter Re-Read(if different-charge is$0) $50.00 $50.00
Meter Data Log Analysis $50.00 $50.00
Meter Test:
On-site Test(more than 3%error-charge is$0) $140.00 $140.00
Off-site Bench Test(more than 3%error-charge is $0) $250.00 $250.00
Meter Lock $55.00 $55.00
Meter Unlock, 2nd and Subsequent Events $55.00 $55.00
Meter Unlock after normal busines hours $100.00 $100.00
Meter Pull $110.00 $110.00
Meter Removal Actual time and material Actual time and material
cost cost
Discontinuance of Service-Meter Removal Actual time and material Actual time and material
cost cost
l legal connection Actual time and material Actual time and material
�•/ cost,plus average consump- cost,plus consumption
tion,plus a$300.00 fine plus a$300.00 fine
Convenience Fee-Credit Card $0.00 $0.00
Temporary Meter Deposit $1,000.00 $1,000.00
Duplicate Bill Processing Fee $2.00 $2.00
Non-Sufficient Funds(NSF)Processing Charge per Actual Bank Charge as- per Actual Bank Charge as-
sessed plus Admin fee of 5% sessed plus Admin fee of 5%
of the amount or$100.00, of the amount or$100.00,
whichever is smaller whichever is smaller
Cost of Processing for Refunds and Final Bills $10.00
Late Payment Penalty 5%of unpaid balance 5%of unpaid balance
Vehicle Parked Over Meter Charge $60.00 $60.00
Removal of Landscaping to access meter and cross con- $80.00 $80.00
nection control device
Septage Processing Charge/1,000 gallons $35.00 $35.00
Grease Trap Waste Charge/1,000 gallons $45.00 $45.00
Consumption charges to be based on meter size,calculated by time connected,or average consumption,or 100,000
gallons
NosmoSupp.No. 49 CD134:92.10
UTILITIES § 134-255
DIVISION 2. COLLIER COUNTY and all other applicable county ordinances,regula-
WATER-SEWER DISTRICT* tions and policies relative to the provision of
such utility facilities and services.
Sec. 134-186. Provision of water,sewer,and (d) The provisions of this Code and all other
reuse irrigation water within applicable ordinances,regulations and policies of
the Collier County Water- the county shall be construed as applicable
Sewer District; applicability planning and permitting laws, rules, regula-
to special purpose tions, and policies which control development of
independent governments. lands within the Collier County Water-Sewer
District to be serviced by a special-purpose govern-
(a) The Collier County Water-Sewer District ment such as a community development district.
is a dependent special district created by the (Ord. No. 04-55, § 2.B.)
Florida legislature. Its governing body is ex
officio the board of county commissioners. The Secs. 134-187-134-200. Reserved.
Collier County Water-Sewer District has been
charged by the legislature with the overall DIVISION 3. RESERVEDt
responsibility for the provision of water and
sewer services within the boundaries of the
Collier County Water-Sewer District, which are Secs. 134-201-134-215. Reserved.
more particularly described in chapter 88-499,
Laws of Florida. DIVISION 4. RESERVED$
(b) This legislative charge is consistent with Secs. 134 216-134 225. Reserved.
( the goals and policies of the state comprehensive
�•/ plan and the Collier County Growth Manage-
ment Plan in that a regional utility system like DIVISION 5. RESERVED**
that operated by the Collier County Water-Sewer
District(1)fulfills the goal of assuring the ability Secs. 134-226-134-255. Reserved.
of an adequate supply of water among competing
uses by requiring development to be compatible tEditor's note—Ord. No. 01-73, § 8, adopted Dec. 11,
2001,repealed§§134-201-134-204,in their entirety.Formerly,
with existing local and regional water supplies, said sections pertained to extension of existing distribution
(2) fulfills the goals of protecting the county's water mains,applications for distribution water main exten-
substantial investments in regional public util- sions,permits for distribution water main extensions,condi-
tions,water service area boundaries as related to the City of
ity facilities by maximizing the use of such
existing public facilities, (3) fulfills the goal of Naples Service Area. See the Code Comparative Table.
tEditor's note—Ord. No. 01-73, § 8, adopted Dec. 11,
economic and efficient provision of quality public 2001,repealed§§134-216-134-219,in their entirety.Formerly,
services which eliminates needless duplication said sections pertained to general regulations, definitions,
of public facilities and instead employs the use of abbreviations, and supplemental service charges as related
to sewer use restrictions. See the Code Comparative Table.
regional facilities as opposed to multiple or
**Editor's note—Ord. No. 01-73, § 8, adopted Dec. 11,
smaller scale and less efficient local, public or 2001,repealed§§134-226-134-250,in their entirety.Formerly,
private utility facilities. said sections pertained to general provisions, discharge of
industrial waste, effluent quality bond, use of public
(c) The provision and treatment of water, wastewater system,general discharge prohibitions,maximum
sewer and reuse irrigation water within the concentrations allowed, approval of pretreatment facilities,
Collier County Water-Sewer District as a matter maintenance of pretreatment facilities, use of interceptors
(traps),use of control manhole,measurements,tests,special
of local land development policy and regulation
arrangements,special arrangements;determination of accept-
shall be provided by Collier County Water-Sewer ability,national categorical pretreatment standards,alterna-
District facilities in conformance with this Code tive discharge limits,state requirements,county's and district's
right of revision,excessive discharge,pretreatment standards,
*Editor's note—Ord. No. 04-55,§2.B.,provided for the slug discharges,reasonable service conditions,baseline report,
relocation of LDC§ 1.5.7 to be included as§ 134-186. compliance schedule, compliance date report, and periodic
Supp. No. 76 CD134:93
•
'^§ 134-256 COLLIER COUNTY CODE
DIVISION 6. RESERVED* ARTICLE VII. STORMWATER UTILITY*
Secs. 134-256-134-258. Reserved. Sec. 134-311. Title and citation.
This article shall be known and may be cited
DIVISION 7. RESERVEDt as the "Collier County Stormwater Utility
Ordinance."
Secs. 134-261-134-270. Reserved. (Ord. No. 91-27, § 4)
DIVISION 8. RESERVED* Sec. 134-312. Definitions.
The following words,terms and phrases,when
Secs. 134-271-134-275. Reserved. used in this article, shall have the meanings
ascribed to them in this section, except where
DIVISION 9. RESERVED** the context clearly indicates a different meaning:
Area of operation means that area designated
Secs. 134-276-134-285. Reserved. in any resolution of the board of county commis-
sioners as the area within which the system
shall be operated and in which a utility fee is
DIVISION 10. RESERVEDtt imposed.
Secs. 134-286-134-310. Reserved. Assessment means a fee,charge or assessment
authorized by the terms of F.S. § 403.0893, as
compliance reports as related to rules and regulations of the amended, or under any other provision of law
uniform utility operating and regulatory standards and and this article, to be assessed for funding such
procedures. See the Code Comparative Table. costs of operation and maintenance,debt service,
*Editor's note-Ord. No. 01-73, § 8, adopted Dec. 11,
2001,repealed§§134-256-134-258,in their entirety.Formerly, improvements and extension and replacement
said sections pertained to monitoring facilities, inspection attributable to a benefit area that the board may
and sampling and powers and authority of inspectors as determine by resolution of the board of county
related to monitoring and inspections.See the Code Compara- commissioners as provided herein.
tive Table.
*Editor's note-Ord. No. 01-73, § 8, adopted Dec. 11,
2001,repealed§§134-261-134-265,in their entirety.Formerly, Benefit area means any portion or portions of
said sections pertained to penalties,authority to disconnect an area within or without an area of operation,
service, suspension of service, revocation of permit, and designated by resolution of the board of county
notice of disconnection,suspension,revocation as related to commissioners as provided herein as a benefit
confidential information. See the Code Comparative Table. area for purposes of determining utility fees
*Editor's note-Ord. No. 01-73, § 8, adopted Dec. 11,
2001,repealed§§134-271,134-272,in their entirety.Formerly, and/or assessments to be payable in such area.
said sections pertained to confidential information and
disclosure laws as related to confidential information. See Bonds means revenue bonds,assessment bonds,
the Code Comparative Table. notes, loans or any other debt obligations issued
**Editor's note-Ord. No. 01-73, § 8, adopted Dec. 11, or incurred to finance the costs of construction.
2001,repealed§§134-276-134-278 in their entirety.Formerly,
said sections pertained to purpose, service charges and
charges and fees as related to service charges and fees. See Costs of construction means costs reasonably
the Code Comparative Table. incurred in connection with providing capital
**Editor's note-Ord.No. 2015-27,§9,adopted Apr. 28,
2015,repealed div. 10§§ 134-286-134-293,entitled"Water **Cross references-Floods, ch. 62; water resources
Irrigation", which derived from: Ord. No. 00-61, §§ 1-8, management,§90-26 et seq.
adopted Sept.26,2000;and Ord.No.00-86,§1,adopted Dec. State law reference-Stormwater utility,F.S.§403.0893
12,2000. See ch. 54,art. XII for similar provisions. et seq.
Lei
Supp. No. 76 CD134:94
UTILITIES § 134-312
improvements to the system or any portion system and any related costs thereto, or paying
thereof, including but not limited to the costs of: extraordinary maintenance and repair,including
(1) Acquisition of all property, real or the costs of construction, or any other expenses
personal, and all interests in connection which are not costs of operation and maintenance
therewith including all rights-of-way and or debt service.
easements therefor; Fee-in-lieu-of means a charge to a developer or
(2) Physical construction, installation and individual resident to recover:
testing, including the costs of labor, (1) The costs of construction and debt service
services, permitting, materials, supplies on a new stormwater management system
and utility services used in connection which serves such developer or individual
therewith; resident; or
(3) Architectural,engineering,legal and other (2) The extension and replacement costs
professional services; necessitated by development undertaken
(4) Insurance premiums taken out and by such developer or individual resident.
maintained during construction, to the Fiscal year means a 12-month period commenc-
extent not paid for by a contractor for ing on October 1 of any year, or such other
construction and installation; 12-month period adopted as the fiscal year of the
(5) Any taxes or other charges which become utility.
due during construction; Operating budget means the annual utility
(6) Expenses incurred by the county or on its operating budget adopted by the county for the
behalf with its approval in seeking to succeeding fiscal year.
enforce any remedy against any contrac Operations and maintenance means the cur-
tor or sub contractor in respect of any rent expenses, paid or accrued, of operation,
default under a contract relating to maintenance and current repair of the system,
construction; as calculated in accordance with sound account-
(7) Principal of and interest on any bonds; ing practice, and includes, without limiting the
and generality of the foregoing,insurance premiums,
(8) Miscellaneous expenses incidental thereto. administrative expenses, labor, executive
compensation, the cost of materials, equipment
Debt service means, with respect to any and supplies used for current operations, and
particular fiscal year and any particular series of charges for the accumulation of appropriate
bonds, loans or notes, an amount equal to the reserves for current expenses not annually
sum of: incurred, but which are such as may reasonably
(1) All interest payable on such bonds,loans be expected to be incurred in accordance with
or notes during such fiscal year; plus sound accounting practice.
(2) Any principal installments of such bonds Revenues means all rates, fees, assessments,
during such fiscal year. taxes, rentals or other charges or other income
received by the utility, in connection with the
Director means the director of the stormwater management and operation of the system,includ-
utility as designated by the board of county ing amounts received from the investment or
commissioners. deposit of moneys in any fund or account and any
amounts contributed by the county, all as
Extension and replacement means costs of calculated in accordance with sound accounting
extensions, additions and capital improvement practice.
to, or the renewal and replacement of capital
assets of,or purchasing and installing new equip- Stormwater management system or system
—_ ment for the system, or land acquisition for the means the existing stormwater management of
Supp. No. 76 CD134:95
L§ 134-312 COLLIER COUNTY CODE
the county and all improvements thereto which Sec. 134-316. Findings, purpose and
by this article are constituted as the property declaration of benefit.
and responsibility of the utility,to be operated as
an enterprise fund to, among other things, (a) The board of county commissioners does
conserve water, control discharges necessitated hereby make the following findings:
by rainfall events, incorporate methods to col- (1) The professional engineering and manage-
lect, convey, store, absorb, inhibit, treat, use or ment analysis submitted to and adopted
reuse water to prevent or reduce flooding, over- by the board of county commissioners on
drainage, environmental degradation and water August 27, 1990 properly defines the
pollution or otherwise affect the quality and stormwater management needs of the
quantity of discharge from such system. county. This analysis was updated and
approved by the Board of County Com-
Stormwater utility or utility means the missioners on February 13, 2018, and
enterprise fund utility created by this article to finalized in the report entitled "Collier
operate, maintain and improve the system. County Stormwater Utility Program
Stormwater utility fee means a utility fee Phase II-Stormwater Utility Rate Study,
authorized by state law and this article which is dated March 12, 2018.
established to pay operations and maintenance, (2) The ability of the county to effectively
extension and replacement and debt service. conserve, manage, protect, control, use,
(Ord. No. 91-27, § 6; Ord. No. 18-16, § 2) and enhance the water resources of the
Cross reference—Definitions generally,§ 1-2. county is dependent on the provision of
adequate, equitable and stable funding
Sec. 134-313. Authority. for the stormwater management program.
1/4.„/ The board of county commissioners is (3) The stormwater management system,
authorized by the constitution and laws of the including the components which provide
state,including F.S. ch. 125 and F.S. §403.0893, for the collection of and disposal of storm-
to construct, reconstruct, improve, and extend water and regulation of groundwater, is
stormwater management systems,or create storm- of benefit and provides services for the
water utilities and to issue bonds and other welfare of the county and its residents,
obligations to finance in whole or part the cost of including property not presently served
such systems and to establish just and equitable by the physical elements thereof.
rates, fees, and charges for the services and
facilities provided by such systems. (4) The formation of a stormwater utility,
(Ord. No. 91 27, § 1) the establishment of a separate enterprise
fund for accounting of the revenues,
Sec. 134-314. Applicability. expenditures, assets, and earnings of the
utility, and adoption of various rates,
This article shall apply to and be enforced in fees, charges, rentals, fines, and penal-
all the unincorporated area of the county. ties are necessary to meet the needs
(Ord. No. 91-27, § 5) identified in the professional engineering
and management analysis.
Sec. 134-315. Governing board,powers and (5) The Board of County Commissioners will
duties. review specific financial and program
The board of county commissioners is ex- milestones annually as part of the budget
officio the governing board of the stormwater and Annual Update and Inventory Report/
Capital Improvement Element.
utility established hereby with the power and
duty to conduct the affairs of the utility as (b) It is the intent of the county that in
prescribed by state law. addition to other available monies, stormwater
(Ord. No. 91-27, § 2) utility fees and assessments shall fund the costs
Supp. No. 76 CD134:96
Ler
UTILITIES § 134-323
of operation and maintenance, extension and resolution of the board authorizing the issuance
replacement and debt service of the stormwater thereof. Except as herein otherwise expressly
management system. provided or in any resolution of the board authoriz-
(c) It is therefore the purpose of this article to ing the issuance of bonds, all bonds shall be
provide for the health, safety and welfare of the payable solely out of the revenue and receipts
derived from the system or of any portion thereof;
citizens of the county by providing for the provided,that notes issued in anticipation of the
conservation, management, protection, control, issuance of bonds may be retired out of the
use and enhancement,maintenance and improve proceeds of such bonds.
ment of the stormwater systems in the
(Ord. No. 91-27, § 9)
unincorporated areas of the county.
(d) It is hereby declared and determined by Sec. 134-320. Development, implementa-
the board of county commissioners that the tion, and application of fund-
stormwater management services provided pursu- ing.
ant to this article and the establishment of a The board of county commissioners shall
stormwater utility constitute a benefit to the provide for the development, implementation,
properties within the area of operation equal to and application of various funding methods,
or in excess of the costs of providing such including but not limited to, the service charges,
stormwater management services. special assessments, non-ad valorem assess-
(Ord. No. 91-27, § 3; Ord. No. 18-16, § 3) ments, fees for services or in lieu of regulatory
requirements, fines, penalties, impact fees, and
Sec. 134-317. Establishment of utility. such other funding methods as the county may
The board of county commissioners hereby be authorized to use as it determines by
`,/ establishes a stormwater utility, which shall be subsequent resolution.
responsible for the conservation, management, (Ord. No. 91-27, § 10)
protection, control, use, and enhancement of
water resources in the county and the manage Sec. 134-321. Operating budget.
ment,operation,maintenance,and improvement The board of county commissioners shall adopt
of the public stormwater systems, and which an operating budget not later than the first day
utility shall operate as a section of the county. of each fiscal year. The operating budget shall
(Ord. No. 91-27, § 7; Ord. No. 18-16, § 4) set forth for such fiscal year the estimated
revenues and the estimated costs for operations
Sec. 134-318. Establishment of enterprise and maintenance, extension and replacement
fund. and debt service.
The board of county commissioners hereby (Ord. No. 91-27, § 11)
establishes a stormwater utility enterprise fund
for the accounting of all revenues, expenditures, Sec. 134-322. Required levels of rates for
assets, and earnings of the utility, in which all fees and assessments.
revenues from the stormwater utility shall be The board of county commissioners shall require
deposited. Monies in said fund shall, in priority that adequate revenues are generated to provide
of order, pay the costs of operations and for a balanced operating budget by setting suf-
maintenance, debt service, and extension and ficient levels of stormwater utility fees and assess-
replacement. ments.
(Ord. No. 91-27, § 8) (Ord. No. 91-27, § 12)
Sec. 134-319. Issuance of bonds. Sec. 134-323. Imposition of fees.
The stormwater utility may issue bonds for The board of county commissioners hereby
- the purposes described herein pursuant to a authorizes the imposition of stormwater utility
Supp. No. 76 CD134:97
§ 134-323 COLLIER COUNTY CODE
fees on all property within the area of operation c. The assessment rate.
which shall be established or modified by board The board of county commissioners in its
resolution as provided herein. Additional utility discretion may determine that assess
fees may be established by board resolution as ments should vary based on its review of
provided herein.
(Ord. No. 91-27, § 13) the facts, including benefits received,
burdens produced and services rendered.
Sec. 134-324. Establishing area of opera- (2) Utility fees.Utility fees shall be established
tion, benefit areas. or modified by resolution as provided
(a) Area of operation. The board of county herein which shall set forth:
commissioners shall describe and establish the a. The area to which the utility fee
initial area of operation and shall make such applies;
modifications as it determines by subsequent b. The services and improvements to
resolution as provided herein. be provided by the utility fees; and
(b) Benefit areas. The board of county commis- c. The utility fee rate.
sioners may describe and establish benefit areas
within or without the area of operation and may The board of county commissioners in its
establish additional benefit areas and make such discretion may determine that utility
modifications as it determines by subsequent fees should vary based on its review of
resolution as provided herein. the facts including benefits received,
(Ord. No. 91-27, § 14) burdens produced and services rendered.
(Ord. No. 91-27, § 16; Ord. No. 18-16, § 5)
Sec. 134-325. Notice requirements.
Sec. 134-327. Credits against utility fees and
A public hearing shall be held prior to adopt- assessments.
ing resolutions establishing or modifying an area
of operation, benefit areas, or setting or modify- Property owners may receive credit against
ing stormwater utility fees and assessments. utility fees and assessments in amounts approved
Notice of the public hearing shall be published by the board of county commissioners for past or
15 days prior to the hearing in a newspaper of future expenditures determined by the County
general circulation in the county. Manager to benefit the system. Such determina-
(Ord. No. 91-27, § 15) tion shall be made in accordance with the
guidelines set forth in resolutions establishing
Sec. 134-326. Assessments and utility fees. an area of operation, benefit area or setting
utility fees and assessments.
The board of county commissioners may, by (Ord. No. 91-27, § 17; Ord. No. 18-16, § 6)
resolution,establish areas of operation and impose
assessments and utility fees on real property Sec. 134-328. Billing and payment of utility
located in the areas of operation. Benefit areas fees or assessments,
penal-
within the areas of operation may be charged anassessment in addition to utility fees depending ties; adjustments.
of the needs for that area. The board of county commissioners shall, by
(1) Assessments. Assessments shall be resolution, establish the method of collecting
established or modified by resolution as stormwater utility fees and assessments and
provided herein, which shall set forth: may provide for any remedies permitted under
state law for collection of payments, including
a. The area to which the assessment liens and penalties and any remedies set forth in
applies; and the provisions contained in F.S. § 403.0893, as
b. The services and improvements to amended.
be provided by the assessment; and (Ord. No. 91-27, § 18)
•
Supp. No. 76 CD134:98
UTILITIES § 134-330
Sec. 134-329. Adjustment of utility fee and (5) The granting or denial of an adjustment
assessments; corrections. to a utility fee or an assessment will be
furnished to the owner,in writing,by the
(a) Owner-initiated adjustments. Requests for director. If the utility fee or an assess
adjustment of the utility fee or an assessment ment is placed on the real property tax
shall be submitted to the director,who shall have bill, the document granting an adjust
authority to adjust the utility fee or assessment ment to a utility fee or an assessment
pursuant to the procedures and standards as will also be sent to the tax collector.
established herein. No credit shall be given for
the installation of facilities required by county (b) Right of review by board. The owner has
ordinances or applicable laws. The following the right to appeal the decision of the director to
procedures shall apply to all adjustment requests the board of county commissioners, who may
of the utility fee or an assessment: refer the issue to a Hearing Examiner for final
(1) Any owner who believes the utility fee or decision. The appeal must be made within 30
assessment is incorrect may, subject to days of receipt of such denial. The board shall
the limitations set forth herein, submit furnish, in writing, its determination within 60
an adjustment request to the director. days of receipt of the request for review. It shall
(2) The adjustment request shall be in writ- set forth the reasons for the decision based on
ing and set forth, in detail, the grounds the criteria contained in this section.
upon which the correction is sought.
(c) County-initiated adjustments. If the utility
(3) The adjustment request of a utility fee or fee or an assessment is placed on the tax bill,any
assessment must be made within 30 days errors in the utility fee or an assessment or
after the date of its first class mailing. failure to charge a utility fee or an assessment
The adjustment request will be reviewed may be corrected by the tax collector. If the
by the director within three months from utility fee or an assessment is not placed on the
the date of filing of the adjustment tax bill, any errors in the utility fee or an
request. Consideration by the director of assessment or failure to charge a utility fee or
the owner's request for adjustment shall assessment may be corrected by the director.
not relieve the owner of the obligation to Corrections which result in an increase in a
make timely payment of the utility fee or utility fee or an assessment cannot be imposed
assessment. In the event an adjustment until the owner has consented in writing to the
is granted by the director which decreases increase or has been given at least ten days'
the utility fee or an assessment, the notice by certified mail and an opportunity to be
owner shall be entitled to credit for the heard by the board. Once the adjustment is
excess utility fee or assessment paid. If finalized, the director shall send documentation
the utility fee or assessment is placed on reflecting the adjustment to the owner and,if the
the real property tax bill,the credit shall utility fee or assessment is placed on the tax bill,
be so noted on the respective owner's real the documentation will also be sent to the tax
property tax bill. collector.
(4) The owner requesting the adjustment (Ord. No. 91 27, § 19; Ord. No. 18 16, § 7)
may be required, at his own cost, to
provide supplemental information to the Sec. 134-330. Creation of comprehensive
director including, but not limited to, stormwater management util-
survey data approved by a professional ity code.
land surveyor and engineering reports
approved by a professional engineer. The board of county commissioners may create
Failure to provide such information may and adopt a comprehensive stormwater manage-
result in the denial of the adjustment ment utility code for the county.
request. (Ord. No. 91-27, § 20)
L
Supp. No. 76 CD134:98.1
Lie
§ 134-331 COLLIER COUNTY CODE
Secs. 134-331-134-350. Reserved. Combined notice means a notice of any hear-
ing before the board which is combined with a
notice of hearing before the authority.
ARTICLE VIII. WATER AND
WASTEWATER UTILITIES REGULATORY Contribution-in-aid-of-construction; CIAC
PROVISIONS means any amount or[of] money,services,and/or
property, or any combination thereof, directly or
Sec. 134-351. Title; proceedings affecting indirectly received by a utility at no cost to the
substantial interests. utility or which have value in excess of the
consideration given by the utility for same, the
This article is entitled the "Collier County excess of which represents a gift, donation, or
Water and Wastewater Utilities Regulatory contribution to the capital of the utility and is
Ordinance." All proceedings relating to utilities used or planned to be used to offset the acquisi-
which are regulated by this article in which tion, improvement and/or construction costs of
substantial interests of a party thereto will or the utility's property, facilities, or equipment
may be determined,shall be conducted in compli- used to provide services to the customers of the
ance with the provisions of this article, rules of utility. The term CIAC includes payments to the
the board, and rules of the Collier County Water utility such as system capacity charges, main
and Sewer Authority, all of which shall be extension charges,plant expansion fees,customer
construed to promote just,speedy,and inexpensive connections charges, and other similar monetary
determination of each issue. payments to the utility.
(Ord. No. 96-6, § 1-1, 2-27-96)
Corporate undertaking means the unqualified
Sec. 134-352. Definitions. guarantee of a utility to pay a refund, with or
without interest, may be required by the board.
For the purposes of this article the flowing
terms, phrases, words, and their derivations
shall have the meaning specified herein. When
not inconsistent with the context, words used in
the present tense include the future, words in
the plural include the singular number, and
words in the singular number include the plural
number. The word "shall" is always mandatory
and not merely directory. The word "may" is
directory.
Authority means the Collier County Water
and Wastewater Authority.
Board means the Board of County Commis-
sioners of Collier County, Florida.
Clerk of the board means the clerk of the
circuit court serving as clerk and accountant to
the board.
Bulk water utility means any person or busi-
ness entity of any kind whatsoever,lessee,trustee
or receiver, owning, operating, managing, or
controlling a system or proposing construction of
a system to provide untreated or treated water to
a utility, bulk user, or distributor of water for
compensation.
Supp. No. 76 CD134:98.2
UTILITIES § 134-401
(d) If the authority determines after its public Sec. 134-379. Providing for the possibility
hearing that the basic for revocation has been of transfer of regulation to an-
established, the authority will issue a prelimi- other governmental agency.
nary order to the authority to revoke the fran-
chise certificate or may require any other remedy In addition to any power granted on the effec
provided for in this article or otherwise provided tive date of this article by F.S. ch. 367, or any
by general law. other Florida Statutes, if the Board should ac-
(Ord. No. 96-6, § 1-25, 2-27-96) quire authority to decide that one or more utilities
regulated hereunder should in the Board's judg-
ment become regulated by another governmental
Sec. 134-376. Exemption of County utility agency, and which transfer can be accomplished
systems. by the county,then the Board,at its discretion,by
This article does not apply to any utility facil taking such action can approve such transfer of
ities owned by the County. This article shall not regulation to the other governmental agency.
prohibit or restrict in any manner the construc (Ord. No. 96-6, § 1-29, 2 27 96)
tion, operation or maintenance of a water or
sewer(wastewater)system,bulk water system,or Secs. 134-380-134-400. Reserved.
any combination thereof by the County, except in
any geographic area for which an exclusive fran- ARTICLE IX. INDUSTRIAL
chise certificate for that utility service has been PRETREATMENT
granted to a utility under this article and the
franchise certificate is active and valid. Sec. 134-401. Definitions and abbreviations.
(Ord. No. 96-6, § 1-26, 2-27-96)
(a) Definitions. Unless the context specifically
Sec. 134-377. Compliance with other appli- indicates otherwise,the meaning of terms used in
cable regulations. this Ordinance shall be as follows:
1. "Act" or "the Act" shall mean the Federal
All utilities shall comply with all rules,regula- Water Pollution Control Act, also known
tions and quality and operating standards per- as the Clean Water Act, as amended, 33
taining to such utilities as promulgated by any U.S.C. §1251 et seq.
and all governmental agencies having jurisdiction
thereof. 2. "Administrator" shall mean the adminis-
(Ord. No. 96-6, § 1-27, 2-27-96) trator of the U.S. Environmental Protec-
tion Agency or his duly authorized repre-
sentative.
Sec. 134-378. Appellate review.
3. "Authorized or Duly Authorized Represen-
Any person directly aggrieved by an order, tative of the User" shall mean:
resolution or other action of the Board, or by final (a) If the user is a corporation:
order of the authority, may have it reviewed by
the circuit court on petition for a writ of certiorari, i. The president, secretary, trea
pursuant to Rule 9.100, Florida Rules of Appel- surer, or a vice-president of the
late Procedure or its successor in function rule,as corporation in charge of a grin
then applicable. Matters before a hearing exam- cipal business function, or any
iner or the authority may not be appealed to the other person who performs sim
Board. Parties may, in lieu thereof, and as pro- ilar policy or decision making
vided for in this article, file timely objections to functions for the corporation;
preliminary orders of the authority that are at or
that time scheduled for presentation to the Board ii. The manager of one or more
for action by the Board. manufacturing, production, or
(Ord. No. 96-6, § 1-28, 2-27-96) operating facilities,provided the
Supp.No.45 CD134:133
134-401 COLLIER COUNTY CODE
manager is authorized to make operating procedures,and practices to con-
management decisions that gov- trol plant site runoff, spillage or leaks,
ern the operation of the regu- sludge or waste disposal,or drainage from
lated facility including having raw materials storage.
the explicit or implicit duty of
making major capital invest- 5. "BOD" (denoting Biochemical Oxygen De-
ment recommendations,and ini mand) shall mean the quantity of oxygen
tiate and direct other compre utilized in the biochemical oxidation of
hensive measures to assure organic matter under standard laboratory
long-term environmental corn- procedure for five (5) days at 20°C, ex
pliance with environmental laws pressed in milligrams per liter.
and regulations;can ensure that 6. "Building Drain" shall mean that part of
the necessary systems are es- the lowest horizontal piping of a drainage
tablished or actions taken to system which receives the discharge from
gather complete and accurate soil, waste and other drainage pipes in-
information for wastewater dis- side the walls of a building and conveys it
charge permit requirements; to the building sewer, beginning five (5)
and where authority to sign feet (1.5 meters) outside the inner face of
documents has been assigned the building wall.
or delegated to the manager in
accordance with corporate pro- 7. "Building Sewer" shall mean the exten-
cedures. sion from the building drain to the public
sewer or other place of disposal.
(b) If the user is a partnership or sole
proprietorship: a general partner or 8. "Bypass"shall mean the intentional diver-
proprietor, respectively. sion of wastestreams from any portion of
(c) If the user is a Federal, State, or a User's facility.
local governmental facility: a direc- 9. "Categorical Pretreatment Standard" or
tor or highest official appointed or "Categorical Standard" or "National Cat-
designated to oversee the operation egorical Standard" shall mean any regu-
and performance of the activities of lation promulgated by EPA in accordance
the government facility,or their des- with Sections 307 (b) and (c)of the Clean
ignee. Water Act of 1977 that applies to a specific
(d) The individuals described in para- category of industrial users that appear
graphs (a) through (c), above, may in 40 CFR Chapter 1,Subchapter N,Parts
designate a Duly Authorized Repre- 405-471 and provides limitations on the
sentative if the authorization is in introduction of pollutants into the pub-
writing, the authorization specifies licly owned treatment works. The term
the individual or position responsi- includes the prohibited discharge stan-
ble for the overall operation of the dards under Sections 2.C-E of this Ordi-
facility from which the discharge orig- nance, including local limits, as now or
inates or having overall responsibil- hereafter amended or superseded from
ity for environmental matters for the time to time. The term also includes the
company, and the written authoriza- provisions of Rule 62-625.410, F.A.C. and
tion is submitted to Collier County. subsection 62-625.200(3), F.A.C., as now
or hereafter amended or superseded from
4. "Best Management Practices" or "BMPs"
time to time.
shall mean schedules of activities, prohi-
bitions of practices, maintenance proce- 10. "Categorical User" shall mean an indus-
dures, and other management practices. trial user subject to categorical pretreat-
BMPs include treatment requirements, ment standards under Rule 62-625.410,
Supp. No. 45 CD134:134
UTILITIES § 134-401
F.A.C., including 40 CFR Chapter I, 20. "District"or"Control Authority"shall mean
Subchapter N, Parts 405 through 471, as the Collier County Water-Sewer District
of July 1, 2009,hereby adopted and incor- including the Collier County Public Util-
porated by reference. ities Division and Wastewater Depart-
11. "Chemical Oxygen Demand" (COD) shall ment and any of its Sub Districts.
mean a measure of oxygen equivalent of 21. "Domestic Wastewater"shall mean waste-
to that portion of the organic matter in a water discharged into the sanitary sewers
sample that is susceptible to oxidation by in which the concentration of Total Sus-
a strong chemical oxidant. pended Solids is not more than 400 mg/1,
12. "Cooling Water" shall mean the water and BOD is not more than 350 mg/L, and
discharged from a building or structure COD is not more than 375 mg/L, and
subsequent to use of that water for pur- Total Phosphorous is not more than 15
poses connected with air conditioning,cool mg/L, and Total Kjeldahl Nitrogen is not
ing,refrigeration, or for other purposes to more than 50 mg/L; and total flow is not
which the only pollutant added to that more than 25,000 gallons per day. Waste-
discharged water is heat. water that exceeds any of these stated
items is thereby not "domestic wastewa-
13. "Consistent Removal" shall mean the av- ter."
erage of the lowest 50 percent of the
removal measured in accordance with sub- 22. "Duly Authorized Representative"see def-
section 62-625.420(2), F.A.C. inition of"Authorized or Duly Authorized
Representative of the User".
14. "Control Authority"or"District"shall mean
the Collier County Water-Sewer District 23. "Easement" shall mean legal rights for
including the Collier County Public Util-
itiesspecific uses of land by the grantee of the
Division and Wastewater Depart- easement and/or all beneficiaries of the
ment and any of its Sub-Districts. respective easement. Easements convey
15. "County" shall mean Collier County, the an interest in real property.
Board of County Commissioners of Collier 24. "Environmental Protection Agency"or EPA
County, Florida, or the duly authorized shall mean the United States Environmen-
staff, agent or the representative acting tal Protection Agency, or where appropri-
on behalf of the Board of County Commis- ate the term may also be used as a desig-
sioners to supervise and/or manage the nation for the Administrator or other duly
operation of the Publicly Owned Treat- authorized official of said Agency.
ment Works, which includes administra-
tion of this Ordinance. 25. "Excess Strength Surcharge" see defini-
tion of"Industrial Waste Surcharge".
16. "Daily Maximum" shall mean the arith-
metic average of all effluent samples for aany
26. "ExistingSource" shall mean source
pollutant collected during a calendar day. of discharge, the construction or opera-
tion of which commenced prior to the
17. "Director" shall mean the Wastewater Di- publication by EPA of proposed categori-
rector. cal pretreatment standards,which will be
18. "Discharge"see definition of"Indirect Dis- applicable to such source in the standard
charge". is thereafter promulgated in accordance
with Section 307 of the Act.
19. "Discharge Permit" shall mean a regula-
tory document issued by the County to 27. "Garbage" shall mean food wastes from
Industrial Users. The purpose of these the domestic and commercial prepara-
permits is to control the discharge of tion, cooking and dispensing of food, and
pollutants and slug loads. from the handling, storage and sale of
Supp.No.45 CD134:135
134-401 COLLIER COUNTY CODE
produce with no particle greater than facturing processes, trades or businesses
one-half (V2) inch (1.27 centimeters) in that have characteristics exceeding domes-
any dimension. tic wastewaters.
28. "Grab Sample"shall mean a sample which 36. "Instantaneous Limit"the maximum con-
is taken from a wastestream without re- centration of a pollutant allowed to be
gard to the flow in the wastestream and discharged at any time, determined from
over a period of time not to exceed fifteen the analysis of any discrete or composited
(15) minutes. sample collected, independent of the in-
dustrial flow rate and the duration of the
29. "Grease" shall mean any material that is sampling event.
extractable from an acidified sample of a
waste by hexane or other designated sol- 37. "Interference" shall mean a discharge
vent and as determined by the appropri- which, alone or in conjunction with a
ate procedure in "Standard Methods" for discharge or discharges from other sources,
the Examination of Water and Waste Man- both:
ual, American Water Works Association a. Inhibits or disrupts the WWF, its
(Includes Fats and Oils). treatment processes or operations,
30. "Grease Interceptor"shall mean a pretreat- or its domestic wastewater residuals
ment device designed and installed to processes, use or disposal; and
separate animal fats,oils and other grease b. Is a cause of a violation of any re-
from entering the wastewater system. quirement of the WWF's permit (in-
cluding an increase in the magni-
31. "Grease Trap shall mean a pretreatment tude or duration of a violation) or
device designed and installed to separate prevents use or disposal of domestic
L.,,. animal fats, oils and other grease from wastewater residuals in compliance
entering the wastewater system. with local regulations or rules of the
32. "Hauled Waste" shall mean any water Department and F.S. ch. 403.
and/or waste, which has been removed 38. "Local Limit" shall mean the specific dis-
and transported from any pit,sump,hold- charge limits developed and enforced by
ing tank,septic tank,portable toilet,waste- the District upon industrial or commer-
water treatment facility or industrial fa- cial facilities to implement the general
cility. and specific discharge prohibitions listed
33. "Indirect Discharge" or "Discharge" shall in subsections 62-625.400(1)(a) and (2),
mean the discharge or introduction of F.A.C.
non-domestic pollutants from any source 39. "Manhole" shall mean a hole for which
into wastewater facilities as regulated sewer, drains and pipes can be accessed
under Section 307(b), (c), or (d) of the for maintenance, repairs and sample col-
Clean Water Act of 1977, as now or here- lection.
after amended or superceded from time to
time. 40. "May" is permissive as defined by the
District.
34. "Industrial Waste Surcharge" or "Excess
41. "Medical Waste" shall mean isolation
Strength Surcharge"shall mean the mon-
etary charge made in excess of the sewer wastes, infectious agents, human blood
service charge for all wastewater over and and blood products, pathological wastes,
above normal wastewater. sharps, body parts, contaminated bed-
ding, surgical wastes,potentially contam-
35. "Industrial Wastes" shall mean the liquid inated laboratory wastes, and dialysis
wastes discharged from industrial manu- wastes.
\we'Supp.No.45 CD134:136
UTILITIES § 134-401
42. "National Categorical Standard" see def- e. Begun, or caused to begin, as part of
inition of"Categorical Pretreatment Stan- a continuous onsite construction pro-
dard." gram.
43. "New Source" shall mean: i. Any placement,assembly,or in-
a. Any building, structure, facility, or stallation of facilities or equip
installation from which there is (or ment; or
may be) a discharge of pollutants, ii. Significant site preparation
the construction of which commenced work including cleaning, exca-
after the publication of proposed pre- vation, or removal of existing
treatment standards under Section buildings, structures, or facili-
307(c)of the Act which will be appli- ties which is necessary for the
cable to such source if such stan- placement, assembly, or instal-
dards are thereafter promulgated in lation of new source facilities or
accordance with that section, pro- equipment; or
vided that:
f. Entered into a binding contractual
b. The building, structure, facility, or
obligation for the purchase of facili-
installation is constructed at a site ties or equipment which are in-
at which no other source is located; tended to be used in its operation
or within a reasonable time.Options to
c. The building, structure, facility or purchase or contracts which can be
installation totally replaces the pro- terminated or modified without sub-
cess or production equipment that stantial loss, and contracts for feasi-
causes the discharge of pollutants at bility, engineering, and design stud-
an existing source; or ies do not constitute a contractual
d. The production or wastewater gen obligation under this paragraph.
erating processes of the building, 44. "Noncompliance" shall mean any viola-
structure,facility,or installation are tion of any part of this Ordinance, local
substantially independent of an ex- limits, industrial wastewater discharge
isting source at the same site. In permit, or National Categorical Pretreat-
determining whether these are sub- ment Standard.
stantially independent, factors such
as the extent to which the new facil- 45. "Noncontact Cooling Water" shall mean
ity is integrated with the existing water used for cooling which does not
plant, and the extent to which the come into direct contact with any raw
new facility is engaged in the same material,intermediate product,waste prod-
general type of activity as the exist- uct, or finished product.
ing source, should be considered.
i. Construction on a site at which 46. "Oil Separator" shall mean a pretreat-
ment device designed and installed to
an existing source is located separate petroleum based oil and grease
results in a building,structure,
facility, or installation meeting from wastewater.
the criteria of sections(b)or(c) 47. "Owner" shall mean persons desiring or
above but otherwise alters, re- receiving service or any individual or en-
places, or adds to existing pro- tity that holds any title to real estate
cess or production equipment. regarding the building or facility receiv-
ii. Construction of a new source as ing wastewater service,including any ten-
defined under this paragraph ant by the entireties, any co-owner, any
has commenced. tenant in common, etc.
Supp.No.45 CD134:137
134-401 COLLIER COUNTY CODE
48. "Pass Through" shall mean a discharge ment related to pretreatment other than
which exits the POTW into waters of the a Pretreatment Standard imposed on a
United States in quantities or concentra- non-domestic wastewater discharger.
tions which,alone or in conjunction with a
discharge or discharges from other sources, 55. "Pretreatment Standards or Standards"
is a cause of a violation of any require- Pretreatment standards shall mean pro-
ment of Collier County's NPDES permit, hibited discharge standards, categorical
including an increase in the magnitude or pretreatment standards, and local limits.
duration of a violation. 56. "Prohibited Discharge Standards"or"Pro-
49. "Person" shall mean any individual, firm, hibited Discharges" shall mean absolute
partnership,company,government entity, prohibitions against the discharge of cer
association, society, corporation, or simi tain substances; these prohibitions ap
lar or dissimilar group or entity. pear in Section 2.0 and Section 2.D of this
ordinance.
50. "pH" shall mean a measure of the acidity 57. "Publicly Owned Treatment Works" or
or alkalinity of a solution, expressed in "POTW" shall mean a treatment works
standard units. that is owned by the District. This defini-
51. "Pollution" shall mean the man-made or tion includes sewers that convey waste
man-induced alteration of the chemical, water to the treatment works, but does
physical, biological or radiological integ not include pipes,sewers or other convey-
rity of water. ances not connected to a facility providing
wastewater treatment.
52. "Pollutant" shall mean any dredged spoil, 58. "Public Sewer"shall mean a sewer that is
solid waste,incinerator residue,filter back-
wash, sewage, garbage, sewage sludge, owned by or is controlled by a public
munitions,medical wastes,chemical waste, authority. This does not include utilities
biological materials, radioactive materi regulated by the Collier County Water/
als, heat, wrecked or discharged equip-
ment, rock, sand, cellar dirt, municipal, 59. "Public Utilities Administrator"shall mean
agricultural and industrial wastes, and the individual designated by the Collier
certain characteristics of wastewater(e.g., County Board of County Commissioners
pH, temperature, TSS, turbidity, color, or by the County Manager to supervise
BOD, COD, toxicity, or odor). the operation of the POTW or that indi-
vidual's duly authorized deputy, agent or
53. "Pretreatment or Treatment" shall mean
representative.
the reduction of the amount of pollut-
ant(s), the elimination of pollutant(s), or 60. "Sanitary Sewer"shall mean a sewer that
the alteration of the nature of pollutant carries sewage and to which storm, sur-
properties of a wastewater to a less harm- face waters and ground waters are not
ful degree prior to or in lieu of discharging intentionally admitted.
or otherwise introducing such pollutant(s)
into a County Publicly Owned Treatment 61. "Sewage" shall mean human excrement
Works. The reduction or alteration may and gray water (household showers,
be obtained by physical, chemical or bio dishwashing operations, etc.).
logical processes, process changes or by 62. "Sewage Treatment Plant" shall mean all
other means, except as prohibited by sub- facilities that treat and/or dispose of sew-
section 62-625.410(5), F.A.C. age.
54. "Pretreatment Requirements" shall mean 63. "Sewer" shall mean a pipe or conduit for
any substantive or procedural require- carrying sewage.
Supp.No.45 CD134:138
UTILITIES § 134-401
64. "Severe Property Damage"shall mean sub- eluded in the pretreatment stan-
stantial physical damage to property,dam- dard) and if the following conditions
age to the treatment facilities which causes are met:
them to become inoperable,or substantial i. The Industrial User, prior to
and permanent loss of natural resources the Districts finding, has con-
which can reasonably be expected to occur sistently complied with all ap-
in the absence of a bypass. Severe prop- plicable categorical Pretreat-
erty damage does not mean economic loss ment Standards and
caused by delays in production.
Requirements;
65. "Significant Industrial User" shall mean: ii. The Industrial User annually
a. A user subject to categorical pretreat- submits the certification state-
ment standards; or ment required in Section 2.13.8
of this Ordinance,together with
b. A user that: any additional information nec-
i. Discharges an average of twen-
ty-five thousand (25,000) gpd tion statement; and
or more of process wastewater iii. The Industrial User never dis-
to the POTW (excluding sani- charges any untreated categor-
tary, noncontact cooling, and ical process wastewater to the
boiler blowdown wastewater); sewer system.
ii. Contributes a process d. Upon a finding that a user meeting
wastestream which makes up the criteria in paragraph (b) above
five (5) percent or more of the has no reasonable potential for ad-
average dry weather hydraulic versely affecting the POTWS opera-
or organic capacity of the POTW; tion or for violating any pretreat-
or ment standard or requirement, the
iii. Is designated as such by the County may at any time, on its own
County on the basis that the initiative or in response to a petition
user has a reasonable potential received from a user, and in accor-
for adversely affecting the dance with procedures in paragraph
POTW operation of for violat- 62-625.500(2)(e), F.A.C., determine
ing any pretreatment standard that such user should not be consid-
or requirement in accordance ered a significant industrial user.
with paragraph 62- 66. "Shall" and "Will" are mandatory as de-
625.500(2)(e), F.A.C. fined by the District.
c. The District acting as the control 67. "SigniftcantNoncompliance"or"SNC"shall
authority may determine that an mean if an Industrial User's violation
industrial user subject to categorical meets one or more of the following crite-
pretreatment standards under Rule
62-625.410,F.A.C.,including 40 CFR ria:
Chapter I, Subchapter N, Parts 405 a. Chronic violations of wastewater dis-
through 471,is a non-significant cat- charge limits, defined here as those
egorical industrial user (NSCIU) if in which sixty-six percent or more of
the user discharges 100 gallons per all of the measurements taken dur-
day (gpd) or less of total categorical ing a six-month period exceed (by
wastewater(excluding sanitary,non- any magnitude),a numeric pretreat-
contact cooling and boiler blowdown ment standard or requirement, in-
wastewater, unless specifically in- eluding instantaneous limits,
Supp.No.45 CD134:139
134-401 COLLIER COUNTY CODE
b. Technical Review Criteria (TRC) vi- the operation or implementation of
olations, defined here as those in the pretreatment program, except
which thirty-three percent or more when the FDEP is acting on behalf of
of all of the measurements for each the District.
pollutant parameter taken during a 68. "Slug", "Slug Load",and "Slug Discharge"
six-month period equal or exceed the shall mean any discharge at a flow rate or
product of the numeric pretreatment concentration, which could cause a viola-
standard or requirement including tion of the prohibited discharge standards
instantaneous limits, multiplied by in subsections 13-402(c) and (d) of this
the applicable TRC (TRC=1.4 for ordinance. A slug discharge is any dis-
BOD, TSS, Total Oil and Grease, charge of a non-routine, episodic nature,
and
and 1.2 for all other pollutants ex including but not limited to an accidental
cept pH), spill or a non-customary batch discharge,
c. Any other violation of a pretreat- which has a reasonable potential to cause
ment standard or requirement(daily interference or pass through, or in any
maximum,long-term average,instan- other way violate the POTW's regula-
taneous limit, or narrative stan- tions, local limits or permit conditions.
dard) that the District determines
has caused, alone or in combination 69. "State" shall mean the State of Florida,
with other discharges, interference including any regulatory agency within
or pass through(including endanger- the Florida State government having ju-
ing the health of POTW personnel or risdiction over a particular subject or topic
the general public), of concern in the context of this Ordi-
nance.
d. Any discharge that has resulted in
the District's exercise of its emer- 70. "Standard Industrial Classification"
gency authority under sub subpara "(SIC)" shall mean a classification pursu-
graph 62-625(2)(a)5.b.,F.A.C.to halt ant to the Standard Industrial Classifica-
or prevent such a discharge, tion Manual issued by the Executive Of-
fice of the President,Office of Management
e. Failure to meet, within ninety (90) and Budget, in 1972, as now or hereafter
days after the schedule date, a corn- amended or superseded from time to time.
pliance schedule milestone contained
in a control mechanism or enforce- 71. "Storm Water"shall mean any flow occur-
ment order for starting construction, ring during or following any form of nat-
completing construction, or attain- ural precipitation,and resulting from such
ing final compliance, precipitation, including snowmelt.
f. Failure to provide, within forty-five 72. "Supplemental Service Charge"shall mean
(45) days after the due date, re- a monthly supplemental service charge
quired reports such as baseline mon- for additional services required to moni-
itoring reports, 90-day compliance tor the wastes being discharged by users
reports, periodic self-monitoring re- included in the Pretreatment Program
ports,and reports on compliance with and the Fats, Oil and Grease Program.
compliance schedules, 73. "Total Suspended Solids" shall mean sol-
g. Failure to accurately report noncom- ids that either float on the surface of, or
pliance, and are in suspension in water, sewage or
h. Any other violation or group of vio other liquids, and which are removed by
lations, including a violation of best laboratory filtering.
management practices,which the Dis- 74. "Toxic Pollutant" shall mean any pollut-
trict determines will adversely affect ant or combination of pollutants listed as
Supp.No.45 CD134:140
UTILITIES § 134-402
a toxic pollutant in the toxin regulations 5. "F.A.C." Florida Administrative
listed in the Clean Water Act Section 307 Code
promulgated by the Administrator of the 6. "FDEP" Florida Department of En-
Environmental Protection Agency under vironmental Protection
the provisions of the Clean Water Act, as 7. "FOG" Fats, Oil, and Grease
now or hereafter amended or superceded 8. "F.S." Florida Statutes
from time to time. 9. "gpd" Gallons Per Day
10. "IU" Industrial User
75. "Treatment Plant"see definition of"Waste- 11. "mg/1" Milligrams Per Liter
water Treatment Plant." 12. "NPDES" National Pollutant Dis-
charge Elimination System
76. "Upset" shall mean an exceptional inci- 13. "NSCIU" Non-Significant Categori-
dent in which there is unintentional and cal Industrial User
temporary noncompliance with categori- 14. "POTW" Publicly Owned Treatment
cal Pretreatment Standards because of Works
factor beyond the reasonable control of 15. "SIC" Standard Industrial Clas-
sificationthe User.
16. "SNC" Significant Noncompliance
77. "User" shall mean any person or indus- 17. "TKN" Total Kjeldahl Nitrogen
trial user who contributes, causes, per- 18. "TRC" Technical Review Criteria
mits or suffers any contribution of waste- 19. "TSS" Total Suspended Solids
water into the County's POTW. 20. "U.S.C." United States Code
78. "Wastewater"shall mean liquid and water- (Ord. No. 2012-13, § 1)
carried industrial wastes and sewage from
residential dwellings, commercial build- Sec. 134-402. Scope of application of this ar-
L ings, industrial and manufacturing facil- tide; rules and regulations.
ities, and institutions,whether treated or
untreated, which are contributed to the (a) The following Rules and Regulations apply
POTW. throughout the geographic areas encompassing
Collier County, including within municipalities,
79. "Wastewater Director" or "Director" shall but limited to wastewater dischargers that are
mean the individual designated by the then directly or indirectly provided wastewater
Public Utilities Administrator to super- service by the District. To the extent, if any, that
vise operations of the POTW. this Ordinance conflicts with any then applicable
80. "Wastewater Treatment Plant" or "Treat- building code, plumbing code or other technical
ment Plant"shall mean that portion of the code, the most restrictive provision shall apply.
POTW which is designed to provide treat- Except as otherwise provided herein,Wastewater
ment of municipal sewage and industrial Director shall administer,implement,and enforce
waste. the provisions of this ordinance. Any powers
granted to or duties imposed upon the Director
81. "Watercourse"shall mean a canal or chan- may be delegated by Director to a duly authorized
nel in which a flow of water occurs, con- County employee.
tinuously or intermittently.
(b) Discharge of Industrial Waste.
(b) Abbreviations.
1. Any User discharging Industrial Wastes
1. "BMP" Best Management Prac- into the wastewater collection system at
tices the time of passage of this Ordinance
2. "CFR" Code of Federal Regulation shall submit a discharge permit applica-
3. "COD" Chemical Oxygen Demand tion on the required form not later than
4. "EPA" United States Environ- six (6) months after the effective date of
mental Protection Agency this Ordinance.All industrial wastewater
Supp.No.45 CD134:141
134-402 COLLIER COUNTY CODE
dischargers proposing to discharge into 134-402(b)1. may continue to discharge
the District's wastewater system must file during the application process. Applica-
with the District, on forms furnished by tions for such discharge permits shall be
the District, an application for discharge made to the District on forms provided by
permit in accordance with subsection 134- the District.All information that the Dis-
402(b)2. of this ordinance, clearly indicat- trict deems necessary to determine poten-
ing the volume, the strength and the tial impacts to the POTW shall be pro-
characteristics of waste discharged or to vided by the applicant.All Users required
be discharged into the Public Sewer. If to obtain a wastewater discharge permit
determined necessary by the District,anal- must submit a permit application. The
yses of the representative wastes must be District may require Users to submit all
made within thirty (30) days by an ap- or some of the following information as
proved independent laboratory and be sub- part of a permit application:
mitted within ninety (90) days with the a. Identifying Information.
application.Following initial approval,any i. The name and address of the
change in the use of the premises or
change in production or operation thereof facility, including the name of
which causes an alteration in the water the operator and owner.
use,waste volume,strength or other char- ii. Contact information, descrip-
acteristics relevant to the purposes of this tion of activities, facilities, and
Ordinance, must require an amended ap- plant production processes on
plication to be filed for approval by the the premises.
District prior to implementing the pro- b. Environmental Permits.A list of any
posed alteration to the premises. All dis- environmental control permits held
charge permit and amended discharge by or for the facility.
permit applications will require payment
of a fee to be paid when the application is c. Description of Operations.
filed. All review costs, in addition to the i. A brief description of the na-
basic discharge permit fee, shall be borne ture, average rate of produc-
by the permit applicant and must be paid tion(including each product pro-
in full prior to issuance of any discharge duced by type, amount,
permit. processes, and rate of produc-
tion), and standard industrial
The District will evaluate the data fur- classifications of the operation(s)
nished by the user and may require addi- carried out by such User. This
tional information. Within 30 days of re- description should include a
ceipt of a complete wastewater discharge schematic process diagram,
permit application,the District will deter- which indicates points of dis-
mine whether or not to issue a wastewa- charge to the POTW from the
ter discharge permit. The District may regulated processes;
deny any application for a wastewater
discharge permit. ii. Types of wastes generated, and
a list of all raw materials and
2. Discharge Permit Applications.It shall be chemicals used or stored at the
unlawful for any User of the District sew- facility which are, or could ac-
ers to discharge industrial wastes into the cidentally or intentionally be,
public sewers without having obtained a discharged to the POTW;
discharge permit from the District except iii. Number and type of employees,
those Users discharging at the time of hours of operation, and pro-
passage of this Ordinance that file a timely posed or actual hours of opera-
application in accordance with subsection tion;
Supp.No.45 CD134:142
UTILITIES § 134-402
iv. Type and amount of raw mate- the User shall submit documen-
rials processed (average and tation as required by the Dis-
maximum per day); trict or the applicable Stan-
v. Site plans,floor plans,mechan- dards to determine compliance
ical and plumbing plans, and with the Standard.
details to show all sewers,floor h. Any other information as may be
drains, and appurtenances by deemed necessary by the District to
size,location,and elevation,and evaluate the permit application.
all points of discharge.
d. Time and duration of discharges. i. Incomplete or inaccurate applica-
tions will not be processed and will
e. The location for monitoring all wastes be returned to the User for revoca-
covered by the permit. tion.
f. Flow Measurement. Information
showing the measured average daily 3. Issuance of Discharge Permits.
and maximum daily flow, in gallons
per day,to the POTW from regulated a. Discharge permits shall be issued to
process streams and other streams, the applicants by the District upon
as necessary, to allow use of the finding that the information set forth
combined waste stream formula set in the application will conform to the
out in subsection 62-625.410(6),F.A.C. provisions of this Ordinance, and
that the proposed use will be corn-
g. Measurement of Pollutants. patible with the capacity, process,
i. The categorical Pretreatment treatment and nutrient load of the
Standards applicable to each District wastewater facilities. Dis-
regulated process and any new charge permits shall be valid for a
categorically regulated processes term of three(3)years from the date
for Existing Sources. of issuance unless surrendered to,or
ii. The results of sampling and revoked by, the District upon the
analysis identifying the nature determination that an industrial user
and concentration,and/or mass, is exceeding the peak quality and
where required by the Stan- volume of effluent set forth in the
dard or by the District, of reg- original application and/or discharge
ulated pollutants in the dis- permit conditions. In the event an
charge from each regulated Industrial User proposes to make
process. any change in the peak quality and
iii. Instantaneous,Daily Maximum, volume of effluent during the term of
and long-term average concen the permit, resulting from increase
trations, or mass, where re-
in production and/or changes in the
quired, shall be reported. production profile, beyond the scope
of the discharge permit, such User
iv. The samples shall be represen- shall file with the District an amended
tative of daily operations and application for a permit authorizing
shall be collected and analyzed such change. Such permit shall not
in accordance with procedures be reassigned or transferred to a
set out in Section 134-402(p)of new Owner,new User,or to different
this ordinance. premises without the approval of the
v. Where the Standard requires District as outlined below in subsec-
compliance with a BMP or pol- tion 134-402(b)7. Discharge permits
lution prevention alternative, shall be renewed by completing the
Supp.No.45 CD134:143
134-402 COLLIER COUNTY CODE
permit application form and subse- sidered final administrative ac-
quent review of the application and tions for purposes of judicial
historical compliance records. review.
b. Any violation of the terms and con- v. Aggrieved parties seeking judi-
ditions of a wastewater discharge cial review of the final admin-
permit shall be deemed a violation of istrative wastewater discharge
this ordinance and subjects the waste- permit decision must do so by
water discharge permittee to the sanc- filing a complaint with the Cir-
tions set out in Section 134-405 of cuit Court of the Twentieth Ju-
this ordinance. Obtaining a waste- dicial Circuit in and for Collier
water discharge permit does not re- County within the time pro-
lieve a permittee of its obligation to vided for in F.S. § 95.11.
comply with all Federal and State
Pretreatment Standards or Require- d. A user with an expiring wastewater
ments or with any other require- discharge permit shall apply for
ments of Federal, State, and local wastewater discharge permit reissu-
law. ance by submitting a complete per-
c. Any person,including the User,may mit application, a minimum of 60
petition the District to reconsider days prior to the expiration of the
the terms of a wastewater discharge user's existing wastewater discharge
permit within 30 days of its issu- permit.
ance. e. A wastewater discharge permit shall
i. Failure to submit a timely pe- include such conditions as are deemed
tition for review shall be deemed reasonably necessary by the District
to be a waiver of the adminis- to prevent pass through or interfer-
trative appeal. ence,protect the quality of the water
ii. In its petition, the appealing body receiving the treatment plant's
party must indicate the waste- effluent, protect worker health and
water discharge permit provi safety,facilitate sludge management
sions objected to, the reasons and disposal, and protect against
for this objection,and the alter damage to the POTW.
native condition,if any,it seeks i. Wastewater discharge permits
to place in the wastewater dis- must contain:
charge permit
(a) A statement that indicates
iii. The effectiveness of the waste- the wastewater discharge
water discharge permit shall permit issuance date, ex-
not be stayed pending the ap- piration date and effective
peal. date;
iv. If the District fails to act within (b) A statement that the
sixty (60) days, a request for wastewater discharge per-
reconsideration shall be deemed mit is nontransferable
to be denied. Decisions not to without prior notification
reconsider a wastewater dis- to the District in accor-
charge permit, not to issue a dance with Subsection 134-
wastewater discharge permit, 402(b)7. of this ordinance,
or not to modify a wastewater and provisions for furnish-
discharge permit shall be con- ing the new owner or op-
Supp.No.45 CD134:144
UTILITIES § 134-402
erator with a copy of the vices, designed to reduce,
existing wastewater dis- eliminate, or prevent the
charge permit; introduction of pollutants
(c) Effluent limits, including into the treatment works;
Best Management Prac- (c) Requirements for the de-
tices, based on applicable velopment and implemen-
Pretreatment Standards; tation of spill control plans
(d) Self monitoring,sampling, or other special conditions
reporting,notification,and including management
record-keeping require- practices necessary to ad-
ments.These requirements equately prevent acciden-
shall include an identifica- tal,unanticipated,or non-
tion of pollutants (or best routine discharges;
management practice) to
be monitored,sampling to (d) Development and imple
cation,sampling frequency, mentation of waste mini-
and sample type based on mization plans to reduce
Federal, State, and local the amount of pollutants
law; discharged to the POTW;
(e) A statement of applicable (e) The unit charge or sched-
civil and criminal penal- ule of User charges and
ties for violation of Pre- fees for the management
treatment Standards and of the wastewater dis-
Requirements,and any ap- charged to the POTW;
�.. plicable compliance sched- (f) Requirements for installa-
ule.Such schedule may not tion and maintenance of
extend the time for com- inspection and sampling
pliance beyond that re- facilities and equipment,
quired by applicable Fed- including flow measure-
eral, State, or local law; ment devices;
(0 Requirements to control
(g) A statement that compli-
Slug Discharge, if deter- ance with the wastewater
mined by the District to
discharge permit does not
be necessary. relieve the permittee of re-
ii. Wastewater discharge permits sponsibility for compliance
may contain, but need not be with all applicable Fed-
limited to, the following condi- eral and State Pretreat-
tions: ment Standards, includ-
(a) Limits on the average ing those which become
and/or maximum rate of effective during the term
discharge, time of dis- of the wastewater dis-
charge, and/or require- charge permit; and
ments for flow regulation (h) Other conditions as
and equalization; deemed appropriate by the
(b) Requirements for the in- District to ensure compli-
stallation of pretreatment ance with this ordinance,
technology, pollution con- and State and Federal
trol, or construction of ap- laws, rules, and regula-
propriate containment de- tions.
Supp.No.45 CD134:145
134-402 COLLIER COUNTY CODE
f. The District may modify a wastewa- signed by an authorized representa-
ter discharge permit for good cause, tive of the user and contain the fol-
including, but not limited to, the lowing certification statement:
following reasons: "I certify under penalty of law that
i. To incorporate any new or re- this document and all attachments
vised Federal, State, or local were prepared under my direction or
Pretreatment Standards or Re- supervision in accordance with a sys-
quirements; tern designed to assure that quali-
ii. To address significant altera- fled personnel properly gather and
tions or additions to the User's evaluate the information submitted.
operation, processes, or waste- Based on my inquiry of the person or
water volume or character since persons who manage the system, or
the time of the wastewater dis- those persons directly responsible for
charge permit issuance; gathering the information,the infor-
iii. A change in the POTW that mation submitted is, to the best of
requires either a temporary or my knowledge and belief,true,accu
permanent reduction or elimi rate, and complete. I am aware that
nation of the authorized dis there are significant penalties for
charge; submitting false information,includ-
ing the possibility of fine and impris-
iv. Information indicating that the onment for knowing violations."
permitted discharge poses a
threat to the POTW, County b. If the designation of an authorized
personnel, or the receiving wa representative is no longer accurate
ter; because a different individual or po-
sition has responsibility for the over-
v. Violation of any terms or condi- all operation of the facility or overall
tions of the individual wastewa- responsibility for environmental mat-
ter discharge permit; ters for the company, a new written
vi. Misrepresentations or failure to authorization satisfying the require-
fully disclose all relevant facts ments of this Section must be sub-
in the wastewater discharge per- mitted to the District prior to or
mit application or in any re- together with any reports to be signed
quired reporting; by an Authorized Representative.
vii. Revision of or a grant of vari- 5. All applicants for service, whether or not
ance from categorical Pretreat- such service is to be provided to property
ment Standards pursuant to within the District area, expressly agree
Rule 62-625.700, F.A.C; as a condition of acceptance of service to
viii. To correct typographical or other abide by the rules and regulations delin-
errors in the individual waste- eated herein.
water discharge permit; or
6. All cost and expenses related to the instal-
ix. To reflect a transfer of the facil- lation and connection of the building sewer
ity ownership or operation to a shall be the responsibility of the Owner.
new owner or operator where The Owner shall indemnify the District
requested in accordance with from any loss or damage that may directly
Section 134-402(b)7. or indirectly be occasioned by the instal-
4. Certification Statement. lation of the building sewer.
a. All wastewater discharge permit ap- 7. Transfer of Discharge Permits. Wastewa-
plications and user reports must be ter discharge permits may be transferred
Supp.No.45 CD134:146
UTILITIES § 134-402
to a new owner or operator only if the b. The facility complied with all appli-
permittee gives at least sixty (60) days cable Pretreatment Standards and
advance notice to the District and the requirements during this reporting
District approves the wastewater dis- period; and
charge permit transfer. The notice to the c. The facility never discharged more
District must include a written certifica- than 100 gallons of total categorical
tion by the new owner or operator which: wastewater on any given day during
a. States that the new owner and/or this reporting period.
operator has no immediate intent to d. This compliance certification is based
change the facility's operations and on the following information. [insert
processes; appropriate information to deter-
b. Identifies the specific date on which mine if NSCIU conditions are being
the transfer is to occur; and met]."
c. Acknowledges full responsibility for (c) Discharge Quality Bond. The Director may
complying with the existing waste- decline to issue or reissue an individual wastewa-
water discharge permit. ter discharge permit to any User who has failed to
Failure to provide advance notice of comply with any provision of this ordinance, a
a transfer renders the wastewater previous individual wastewater discharge permit,
discharge permit void as of the date or order issued hereunder, or any other Pretreat-
of facility transfer. ment Standard or Requirement,unless such User
first files a satisfactory bond, payable to the
8. Annual Certification for Non-Significant District, in a sum not to exceed a value deter-
Categorical Industrial Users. A facility mined by the Director to be necessary to achieve
determined to be a Non-Significant Cate- consistent compliance. Said bond shall be further
gorical Industrial User (NSCIU) by the conditioned upon the Industrial User's prompt
District pursuant to Subsection 134- payment of all charges assessed to the Industrial
401(a)65.c. of this Ordinance must annu- User by the District under this Ordinance result-
ally submit the following certification state- ing from the Industrial User's failure to comply
ment signed by a duly authorized with any of the provisions herein, and to the
representative.This certification must ac- Industrial User fully indemnifying and protecting
company an alternative report required the County and the District from any and all
by Director and shall include but may not penalties, damages and/or claims for penalties
be limited to all records of the proper and damages (including attorney's fees and costs
disposal of all categorical industrial wastes: for defending any and all such claims, including
appeals) arising or resulting from the Industrial
"Based on my inquiry of the person or User's failure to comply with any provision of this
persons directly responsible for managing Ordinance and/or the State and Federal Regula-
compliance with the categorical Pretreat- tions relating to water pollution control.
ment Standards under 40 CFR [specify
applicable national pretreatment stan- (d) General Prohibitions.
dard part(s)], I certify that, to the best of 1. No person shall enter, obstruct, uncover
my knowledge and belief that during the or tamper with any portion of the County
period from [insert month, day, year] to
[insert month, day, year]: sewer system, or connect to same, or dis-
charge any wastewater or any other sub-
a. The facility described as [insert fa- stance directly or indirectly into a man-
cility name] met the definition of a hole or other opening in the County
Non-Significant Categorical Indus- sewerage system except in strict compli-
trial User as described in paragraph ance with all requirements established in
62-625.200(25)(c), F.A.C.; this (or incorporated by reference into
Supp. No.45 CD134:147
134-402 COLLIER COUNTY CODE
Ordinance) and through service sewers 3. Solid or viscous substances in amounts
approved by the Wastewater Director.The which will cause obstruction of the flow in
Wastewater Director may grant permis- the POTW resulting in Interference, but
sion and establish requirements and pol- in no case solids greater than one-half
icies for such discharges. No person shall inch (1/2")in any dimension;
remove or demolish any building or strut 4. Pollutants, including oxygen-demanding
ture that has any plumbing fixtures con- pollutants (BOD, etc.), released in a dis-
nected directly or indirectly to the County charge at a flow rate and/or pollutant
sewer without first notifying the District concentration which, either singly or by
of such intent.All openings in or leading interaction with other pollutants,will cause
to the County sewer line or lines caused Interference with the POTW;
by such work shall be sealed watertight
and inspected by the District before being 5. Wastewater having a temperature which
backfilled. will inhibit biological activity in the treat-
ment plant resulting in Interference, but
2. No person shall fill, backfill over, cover or in no case wastewater which causes the
obstruct access to any sewer manhole. temperature at the introduction into the
3. No person shall erect any improvement, treatment plant to exceed 104 degrees F
structure or building over County sewer (40 degrees C);
lines without prior express written per- 6. Petroleum oil, nonbiodegradable cutting
mission to do so by the County's Waste- oil, or products of mineral oil origin, in
water Director. amounts that will cause Interference or
4. No User shall introduce or cause to be
Pass Through;
introduced into the POTW any pollutant 7. Pollutants which result in the presence of
�-� or wastewater which causes Pass Through toxic gases, vapors, or fumes within the
or Interference. These general prohibi- POTW in a quantity that may cause acute
tions apply to all Users of the POTW worker health and safety problems;
whether or not they are subject to cate- 8. Trucked or hauled pollutants, except at
gorical Pretreatment Standards or any discharge points designated by the Direc-
other National, State, or local Pretreat- tor in accordance with Subsection 134-
ment Standards or Requirements. 402(o) of this ordinance;
5. Other discharge limitations established 9. Noxious or malodorous liquids,gases,sol-
to prevent pass through or interferences ids, or other wastewater which, either
with the operation or performance of the singly or by interaction with other wastes,
POTW are specified by the following. are sufficient to create a public nuisance
(e) Specific Prohibitions. No User shall intro- or a hazard to life,or to prevent entry into
the sewers for maintenance or repair;
duce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater: 10. Wastewater which imparts color which
cannot be removed by the treatment pro-
1. Pollutants which create a fire or explosive cess, such as, but not limited to, dye
hazard in the POTW, including, but not wastes and vegetable tanning solutions,
limited to, wastestreams with a closed- which consequently imparts color to the
cup flashpoint of less than 140 degrees F treatment plant's effluent,thereby violat-
(60 degrees C) using the test methods ing the District's NPDES permits;
specified in 40 CFR 261.21;
11. Wastewater containing any radioactive
2. Wastewater having a pH less than 5.0, or wastes or isotopes except in compliance
otherwise causing corrosive structural dam- with applicable State or Federal regula-
age to the POTW or equipment; tions;
Supp.No.45 CD134:148
UTILITIES § 134-402
12. Storm Water, surface water, ground wa- 2. No industrial user shall discharge process
ter, artesian well water, roof runoff, sub- waste streams,unregulated waste streams,
surface drainage, swimming pool drain- or dilute waste streams in excess of the
age, condensate, deionized water, concentrations set forth by the Director.
Noncontact Cooling Water, and unpol- Local limits shall be included as permit
luted wastewater, unless specifically au- conditions and attached to each IU's waste-
thorized by the Director; water permit issued.
13. Sludges,screenings,or other residues from 3. The established local limits are subject to
the pretreatment of industrial wastes; change and shall be modified as needed
based on regulatory requirements and
14. Medical Wastes, except as specifically au standards,POTW operations,performance
thorized by the Director in an individual and processes, the industrial user base,
wastewater discharge permit; potable water quality and domestic waste-
15. Wastewater causing, alone or in conjunc- water characteristics.Modifications to the
tion with other sources, the treatment established local limits must be reviewed
plant's effluent to fail toxicity test; and approved by the FDEP. Permitted
IUs shall also be issued an addendum to
16. Detergents,surface-active agents,or other
their wastewater discharge permit con-
substances which that might cause exces- taining the new local limits.
sive foaming in the POTW;
17. Fats, oils, or greases of animal or vegeta-
ble origin in concentrations greater than point where the wastewater is discharged
to the POTW.
one-hundred (100) mg/1;
18. Wastewater causing two readings on an 5. All concentrations for metallic substances
explosion hazard meter at the point of are for total metal unless indicated other-
discharge into the POTW, or at any point wise.
in the POTW, of more than five percent 6. At his or her discretion, the Director may
(5%) or any single reading over ten per- impose mass limitations in addition to or
cent(10%)of the Lower Explosive Limit of in place of the concentration-based limi-
the meter. tations.
Pollutants, substances, or wastewater prohib- 7. A copy of the approved local limits is
ited by this Section shall not be processed or available upon request at the following
stored in such a manner that they could be location:
discharged to the POTW.
Collier County Wastewater Department
(f) Local Limits. Environmental Compliance Section
5600
1. The Director is authorized to establish Naples,
Warren Street
Local Limits pursuant to subsection 62 Naples, Florida 34113
625.400(3),F.A.C., and as such,no person 8. The District may develop Best Manage-
shall discharge wastewater containing pol- ment Practices(BMPs),by ordinance or in
lutants in excess of the local limits for wastewater discharge permits, to imple-
those pollutants which have been estab- ment Local Limits and the requirements
lished for Collier County POTWS using of Subsections 134-402(d) and 134-402(e)
standard procedures, calculations and of this Ordinance.
methods acceptable to the State to protect
against pass through interference,protec- (g) National Categorical Pretreatment Stan-
tions of POTWS employees, and adverse dards. The categorical pretreatment standards
affects on wastewater residuals disposal. found at 40 CFR Chapter I, Subchapter N, Parts
Supp.No.45 CD134:149
134-402 COLLIER COUNTY CODE
405-471 are hereby incorporated. This is also in cable reporting requirements under Rule 62-
accordance with Rule 62-625.410, F.A.C. as de- 625.600, F.A.C., as now or hereafter amended or
fined by subsection 62-625.200(3), F.A.C. superceded from time to time.
1. Where a categorical pretreatment stan- (h) Accidental Discharge/Slug Control Plans.
dard is expressed only in terms of either Each Significant Industrial User shall provide the
the mass or the concentration of a pollut- District protection from slug discharge of prohib-
ant in wastewater, the Director may im- ited materials or other substance(s) regulated by
pose equivalent concentration or mass this Ordinance. Facilities necessary to prevent
limits in accordance with subsection 62- slug discharge of prohibited materials shall be
625.410(4), F.A.C. provided for and maintained by the User at no
cost or expense to the County. Detailed plans
2. When the limits in a categorical Pretreat- showing facilities if deemed necessary by the
ment Standard are expressed only in terms County and operating procedures to provide this
of mass of pollutant per unit of produc- protection shall be submitted to the District for
tion,the District may convert the limits to review, and shall be approved by the District
equivalent limitations expressed either as before any commencement of construction of the
mass of pollutant discharged per day or respective facility. Expenses for such review shall
effluent concentration for purposes of cal- be borne by the User and shall be paid in full prior
culating effluent limitations applicable to to final approval for the proposed construction.No
individual Industrial Users. User who commences contribution to the POTW
3. When wastewater subject to a categorical after the effective date of this Ordinance shall be
pretreatment standard is mixed with permitted to introduce pollutants into the system
wastewater not regulated by the same until slug discharge procedures have been submit-
standard, the Director shall impose an ted to and approved by the District. Review and
alternate limit using the combined approval of such plans and operating procedures
wastestream formula in subsection 62- shall not relieve the Industrial User from its
625.410(6), F.A.C. responsibility to modify the User's facility as
necessary to meet the requirements of this Ordi-
4. A user may obtain a variance from a nance.
categorical pretreatment standard if the At least every two (2)years, the District shall
user can prove, pursuant to the proce evaluate whether each significant industrial user
dural and substantive provisions in Rule needs an accidental discharge/slug control plan.
62-625.700,F.A.C.,that factors relating to The District may require any user to develop,
its discharge are fundamentally different submit for approval, and implement such a plan.
from the factors considered by EPA when Alternatively, the District may develop such a
developing the categorical pretreatment plan for any user. An accidental discharge/slug
standard. odor control plan shall address, at a minimum,
5. A user may obtain a net gross adjustment the following:
to a categorical standard in accordance 1. Description of discharge practices,includ-
with Rule 62-625.820, F.A.C. ing non-routine batch discharges;
Upon promulgation of the National Categorical 2. Description of stored chemicals;
Pretreatment Standards for a particular Indus 3. Procedures for immediately notifying the
trial subcategory, the Federal Standard, if more District of any accidental or slug dis-
stringent than limitations imposed under this charge and
Ordinance for sources in that subcategory, shall
immediately supersede any limitations imposed 4. Procedures to prevent adverse impact from
under this Ordinance.The District(as a courtesy) any accidental or slug discharge. Such
shall try to notify all affected Users of the appli- procedures include,but are not limited to,
‘10
Supp.No.45 CD134:150
UTILITIES § 134-402
inspection and maintenance of storage (j) Excessive Discharge. Unless expressly au-
areas,handling and transfer of materials, thorized to do so by an applicable pretreatment
loading and unloading operations, control standard or requirement, no User shall ever in-
of plant site runoff,worker training,build- crease the use of process water adequate treat-
ing of containment structures or equip- ment to achieve compliance with the limitations
ment, measures for containing toxic or- of the National Categorical Pretreatment Stan-
ganic pollutants,including solvents,and/or dards,or in any other pollutant-specific limitation
measures and equipment for emergency of the County, the District, or the State. The
response. District shall impose mass limitations on indus-
trial users which are using dilution to meet ap-
(i) Pretreatment Standards. plicable pretreatment standards or requirements.
1. Users shall provide necessary wastewater (k) Pretreatment Facilities.
treatment as required to comply with this
Ordinance and shall achieve and main- 1. Approval of Pretreatment Facilities. If the
tain compliance with all National Cate- District permits the pretreatment or equal-
gorical Pretreatment Standards,local lim- ization of waste flows, the design and
its, and the prohibitions set forth in installation of the plant(s) and/or equip-
Subsections 134-402(d) and (e) of this ment shall be subject to the review and
Ordinance within the time limitations as approval of the District, and be subject to
specified by the EPA, the State and the all requirements of all then applicable
Federal Pretreatment Regulations which codes, ordinances, and/or laws.
ever is more stringent. Any facilities re-
quired to pre treat wastewater to a level 2. Maintenance of Pretreatment Facilities.
`-- acceptable to the District shall be de- Where preliminary treatment or flow equal-
signed, constructed, operated, and main- izing facilities are provided for any wa
tained by the User at no expense to the ter(s) or waste(s), they shall be main
County and require prior approval from tained continuously in satisfactory and
the District. effective operation by Owner and at no
expense to the County.
2. Any facilities necessary for compliance
shall be provided, operated, and main (1) Additional Pretreatment Measures.
tained at the user's expense. Detailed 1. Whenever deemed necessary,the Director
plans describing such facilities and oper- may require Users to restrict their dis-
ating procedures shall be submitted to the charge during peak flow periods, desig-
District for review, and shall be accept- nate that certain wastewater be dis-
able to the Director before such facilities charged only into specific sewers,relocate
are constructed. The review of such plans and/or consolidate points of discharge,sep-
and operating procedures shall in no way arate sewage wastestreams from indus-
relieve the user from the responsibility of trial wastestreams,and such other condi-
modifying such facilities as necessary to tions as may be necessary to protect the
produce a discharge acceptable to the Col- POTW and determine the User's compli-
lier County sewer system.All records re- ance with the requirements of this ordi-
lating to compliance with the referenced nance.
Pretreatment Standards shall be in Col-
lier County and shall promptly and at no 2. Users with the potential to discharge flam-
cost be made available for inspection and/or mable substances may be required to in-
copying by the County, the District, the stall and maintain an approved combus-
State, and/or the EPA. tible gas detection meter.
Supp.No.45 CD134:151
134-402 COLLIER COUNTY CODE
(m) Fats, Oils and Grease (FOG)Program. otherwise),body shop,machine shop,
1. Use of Oil Interceptors and Grease Traps any vehicle storage facility, and/or
under the FOG Program. facility that utilizes petroleum base
product(s).
a. All oil and grease traps or intercep- e. The owner and/or operator of a prem-
tors shall be of a type and capacity ises or business upon prior notice
approved by the District and shall be and at all reasonable times shall
located as to be readily and easily make each interceptor, grease trap
accessible for planning,cleaning and or oil separator on the property open
inspection. The minimum size of in- and available for immediate inspec-
terceptors and grease traps shall be tion by the County,and shall promptly
in conformance with the Florida provide the County with copies of all
Building Code; Sections 1003.1— receipts for grease/oil removal.Upon
1003.5. Requests for deviations in completion of an on-site inspection,
accordance the procedures outlined the inspector may issue a written
in the Collier County Utilities Stan- notice to the facility representative
dards Manual may be completed and to document any discrepancies,
submitted to the District for review. noncompliances,enforcement actions,
b. All grease traps and oil separators special instruction(s) or other guid-
shall be maintained in efficient oper- ance identified during the compli-
ation at all times by the owner at no ance evaluation.
expense to the County. The owner f. Each business shall pay a monthly
shall be responsible for proper re- Supplemental Service Charge as es-
moval and/or disposal by appropri- tablished by Resolution of the Board
ate means of captured material, and of County Commissioners.
shall maintain within Collier County
written records containing the dates g. The use of any chemical(s) to dis
of disposal, amounts of waste dis solve grease is not permitted in the
posed of, and means of disposal, all wastewater collection system.
of which records are subject to re- h. If grease accumulates in any waste-
view by the County upon demand.In water collection line(s),the owner or
accordance with 134-402(e)17.of this operator shall be billed for all direct
Ordinance, wastewater containing and indirect costs and expenses of
amounts of grease in excess of 100 cleaning such lines and for any other
mg/1 shall not be discharged into the expenses incurred by the County with
wastewater system. regard thereto.
c. Every hospital, nursing home, jail, 2. Wastewater containing cooking oil should
cafeteria, grocery store and restau- not be discharged into the wastewater
rant (and any other establishment system.
where food is handled or prepared (n) Use of Manholes. When required by the
for consumption or distribution)shall District, the Owner of any property serviced by a
maintain all grease traps located on building sewer carrying industrial wastes shall
the premises and ensure they are install a suitable manhole built in accordance
functioning properly at all times. with the Collier County Utility Technical Stan-
d. All oil separators shall be main- dards Manual together with such necessary me-
tained on a regular basis and must ters and other appurtenances in the building
be functioning properly at all times, sewer to facilitate observation, sampling, and
including but not limited to vehicle measurement of all wastes. Such manhole, when
maintenance centers(recreational or required by the District, shall be constructed in
Supp.No.45 CD134:152
UTILITIES § 134-402
accordance with plans approved by the District. time proportional composite sam-
The manhole shall be installed by the Owner at pling or grab sampling is authorized
no expense to the County. Each such manhole by District, the samples must be
shall be maintained by Owner so as to be safe and representative of the discharge. Us-
accessible at all times. ing protocols (including appropriate
preservation) specified in Chapter
(o) Hauled Waste. No person shall discharge or 62-160, F.A.C. and DEP-SOP-001/
cause to be discharged to Collier County's sewer 01, multiple grab samples collected
system any water and/or waste which has been during a 24-hour period may be
removed and transported from any pit, sump, composited prior to the analysis as
holding tank, septic tank, wastewater treatment follows:
facility, industrial facility or any other facility
unless expressly authorized by the District in i. Samples for cyanide,total phe
advance and in writing. Such water and/or waste nols, and sulfides may be
is referred in this Ordinance as "hauled waste". composited in the laboratory or
Under no circumstances may hauled hazardous in the field;
waste, as defined in Chapter 62-730, F.A.C., be ii. Samples for volatile organics
discharged to any District facility. Hauled waste and oil and grease may be
of commercial or industrial origin or hauled waste composited in the laboratory;
of unusually high strength may be discharged iii. Composite samples for other pa-
only if the original source of the waste has re- rameters unaffected by the
ceived expressed prior written approval from the compositing procedures as al-
District. lowed in the FDEP's approved
sampling procedures and labo-
(p) Sampling, Measurements, Tests and Anal-
ysis.All sampling,measurements,tests,and anal- atory authorizedmethodologies may be
by District, as ap-
yses of the characteristics of waters and wastes to propriate.In addition,grab sam-
which references is made in this Ordinance shall pies may be required to show
be determined in accordance with Chapter 62- compliance with Instantaneous
160, F.A.C. and subparagraphs 62-625.600(1)(e) Limits.
3,4,and 5,F.A.C.,and FDEP Standard Operating
Procedure 001/01, FS 2400. All sampling and b. Samples for oil and grease, temper-
analysis shall be determined at the manhole ature, pH, cyanide, phenols, sul-
provided to reflect the effect of constituents upon fides,and volatile organic compounds
the POTW and to determine the existence of must be obtained using grab collec-
hazard(s) to life, limb, and/or property. tion techniques.
1. Samples collected to satisfy reporting re- c. Oil and grease samples shall be col
quirements must be based on date ob-
tained through appropriate sampling and 134-402(p)1.(a)above unless the sam
analysis performed during the period cov pling location or point cannot be
ered by the report, based on data that is physically accessed to perform a di
representative of conditions occurring dur red collection of a grab sample. In
ing the reporting period. these instances, the sample shall be
pumped from the sampling location
a. Except as indicated in section (b), or point into the sample container
below, the user must collect waste- using a peristaltic-type pump. All
water samples using 24 hour flow pump tubing used for sample collec-
proportional composite collection tech- tion must be new or pre-cleaned and
niques,unless time proportional com- must be changed between sample
posite sampling or grab sampling is containers and sample points. The
authorized by the District. Where pump tubing shall not be pre-rinsed
Supp.No.45 CD134:153
134-402 COLLIER COUNTY CODE
or flushed with sample prior to col- (r) State Pretreatment Standards. Users must
lecting the sample. The report of comply with Pretreatment Requirements for Ex-
analysis shall indicate that a peri- isting and New Sources of Pollution codified at
staltic pump was used to collect the Chapter 62-625, F.A.C.
oil and grease sample. (s) County's and District's Right of Revision.
d. For sampling required in support of The County and District reserve the right to
baseline monitoring and 90-day corn establish,by Ordinance or in individual wastewa-
pliance reports required in Subsec ter discharge permits, more stringent limitations
or requirements on discharges to the wastewater
tions 134-403(a)and (c)of this Ordi disposal system if deemed necessary to comply
nance, a minimum of four (4) grab with the objectives of this Ordinance.
samples must be used for pH, cya-
nide, total phenols, oil and grease, (t) Prohibited Discharge Standards.A user shall
sulfide and volatile organic corn have an affirmative defense to an enforcement
pounds for facilities for which histor action brought against it for noncompliance with
ical sampling data do not exist; for the general prohibitions in Subsection 134-402(d)
facilities for which historical sam of this Ordinance or the specific prohibitions in
pling data are available, the Direc Subsection 134-402(e) of this Ordinance if it can
tor may authorize a lower minimum. prove that it did not know, or have reason to
For the reports required by Subsec- that its discharge, along or in conjunction
tions 134-403(d) and (h) of this Or- with discharges from other sources, would cause
dinance, the Industrial User is re pass through or interference and that either:
quired to collect the number of grab 1. A Local Limit exists for each pollutant
samples necessary to assess and as- discharged and the User was in compli-
sure compliance by with applicable ance with each limit directly prior to, and
Pretreatment Standards and Require- during,the Pass Through or Interference;
ments. or
2. No Local Limit exists, but the User's
(q) Special Arrangements. discharge did not change substantially in
nature or constituents from the User's
1. Nothing in this Ordinance shall prevent prior discharge when POTW was regu-
any special agreement or arrangement larly in compliance with its NPDES per-
between the District and any industrial mit requirements and was in compliance
concern, whereby an industrial waste (or with all applicable requirements for do-
wastes) of unusual strength and/or char- mestic wastewater residuals.
acter may be accepted by the District for (u) Regulation of Waste Received from Other
treatment, when, in the judgment of the Jurisdictions.
District, acceptance of same by the Dis-
1. If another municipality, or User located
trict will aid in treatment of such waste(s)
by that industrial concern, within another municipality, contributes
wastewater to the POTW, the Director
2. Determination of Acceptability. In form- shall enter into an intermunicipal agree-
ing the opinion as to the acceptability of ment with the contributing municipality.
the wastes,the District will consider such 2. Prior to entering into an agreement re-
factors as the quantities of subject wastes quired by subsection (u)1., above, the Di-
in relation to flows and velocities in the rector shall request the following informa-
sewers, materials of construction of the tion from the contributing municipality:
sewers, nature of the sewage treatment a. A description of the quality and vol-
plant, degree of treatability of wastes in ume of wastewater discharged to the
the sewage treatment plant, and other POTW by the contributing munici-
relevant factors. pality;
Supp.No.45 CD134:154
UTILITIES § 134-403
b. An inventory of all Users located f. Requirements for monitoring the con-
within the contributing municipality tributing municipality's discharge;
that are discharging to the POTW;
and g. A provision ensuring the Director
access to the facilities of Users lo-
c. Such other information as the Direc- cated within the contributing
tor may deem necessary. municipality's jurisdictional bound-
3. An intermunicipal agreement,as required aries for the purpose of inspection,
by paragraph (u)1, above, shall contain sampling, and any other duties
the following conditions: deemed necessary by the Director;
a. A requirement for the contributing and
municipality to adopt a sewer use h. A provision specifying remedies avail-
ordinance which is at least as strin- able for breach of the terms of the
gent as this Ordinance and Local intermunicipal agreement.
Limits, including required Baseline (Ord. No. 2012-13, § 2)
Monitoring Reports (BMRs) which
are at least as stringent as those set Sec. 134-403. Reporting requirements.
out in Subsection 134-403(a) of this
ordinance. The requirement shall (a) Baseline Report.
specify that such ordinance and lim-
its must be revised as necessary to 1. Within either one hundred and eighty
reflect changes made to the Dis- (180) days after the effective date of a
trict's Ordinance or Local Limits; categorical pretreatment standard, or the
b. A requirement for the contributing final administrative decision on a cate-
�, municipality to submit a revised User gory determination under subsection 62-
inventory on at least an annual ba- 625.410(2)(d), F.A.C., whichever is later,
sis; existing categorical users currently dis-
charging to or scheduled to discharge to
c. A provision specifying which pretreat- the POTW shall submit to the District a
ment implementation activities, in- report which contains the information
cluding individual wastewater dis- listed below. At least ninety (90) days
charge permit issuance, inspection prior to commencement of their discharge,
and sampling,and enforcement,will new sources, and sources that become
be conducted by the contributing mu- categorical users subsequent to the prom-
nicipality; which of these activities ulgation of an applicable categorical stan-
will be conducted by the Director; dard, shall submit to the District a report
and which of these activities will be which contains the information listed be-
conducted jointly by the contributing low.A new source shall report the method
municipality and the Director; of pretreatment it intends to use to meet
d. A requirement for the contributing applicable categorical standards. A new
municipality to provide the Director source also shall give estimates of its
with access to all information that anticipated flow and quantity of pollut-
the contributing municipality ob- ants to be discharged.
tains as part of its pretreatment
activities; 2. Users described above shall submit the
e. Limits on the nature, quality, and information set forth below.
volume of the contributing a. The name and address of the facility
municipality's wastewater at the including the name of the operator
point where it discharges to the and all Owners of five or greater
POTW; percent of the entity;
Supp.No.45 CD134:155
134-403 COLLIER COUNTY CODE
b. A list of any environmental control g. The information contained in subsec-
permits held by(or for) the facility; tions 134-402(b)2.g.i through 134-
c. A brief(but complete) description of 402(b)2.g.iv of this Ordinance;
the nature, average rate of produc- h. Sampling and analysis shall be per-
tion and Standard Industrial Classi- formed in accordance with Subsec-
fication of the operations. This de- tion 134-402(p) of this Ordinance;
scription must include a schematic i. The Director may allow the submis-
diagram of points of discharge to the sion of a baseline report which uti-
POTW from regulated processes;
lizes only historical data so long as
d. The measured maximum single day the data provides information suffi-
flow, peak one (1) hour flow, and the cient to determine the need for in-
average daily flow, in gallons per dustrial pretreatment measures;
day, to the POTW from each of the
following: j. The baseline report shall indicate
the time,date,and place of sampling
i. Regulated process streams,and and methods of analysis, and shall
ii. Other streams as necessary to certify that such sampling and anal-
allow use of the combined waste yses is representative of normal work
stream formula of subsection cycles and expected pollutant dis-
62-625.410(6), F.A.C. The con- charges to the POTW;
trol authority shall allow for k. A statement reviewed and signed by
verifiable estimates of these an authorized representative of the
flows where justified by cost or Industrial User and certified by a
feasibility considerations. qualified professional engineer indi-
`" e. The User shall take a minimum of sating whether National Categorical
one representative sample to com- Pretreatment Standards are being
pile that data necessary to comply met on a consistent basis and,if not,
with the requirements of this para- whether additional operation and
graph; maintenance and/or additional pre-
f. Samples should be taken immedi treatment is required to the Indus
ately downstream from pretreat trial user to meet the National Cat
ment facilities if such exist or imme egorical Pretreatment Standards and
diately downstream from the associated Pretreatment Require-
regulated process if no pretreatment ments. The statement must include
exists.If other wastewaters are mixed but is not limited to the language as
with the regulated wastewater prior described in subsection 134 402(b)4
to pretreatment the User should mea of this ordinance; and
sure the flows and concentrations 1. If additional pretreatment and/or op-
necessary to allow use of the corn- eration and maintenance will be re-
bined wastestream formula of sub- quired to meet the Pretreatment
section 62-625.410(6), F.A.C., in or- Standards, the shortest schedule by
der to evaluate compliance with the which the User will provide such
Pretreatment Standards. Where an additional pretreatment and/or oper-
alternate concentration or mass limit ation and maintenance must be pro-
has been calculated in accordance vided. The completion date in this
with subsection 62-625.410(6),F.A.C., schedule shall not be later than the
this adjusted limit, along with sup- compliance date established for the
porting data, shall be submitted to applicable Pretreatment Standard.
the District; A compliance schedule pursuant to
Supp.No.45 CD134:156
UTILITIES § 134-403
this Section must meet the require- quirements shall submit to the District
ments set out below in Subsection within ninety(90)days following the date
134-403(b) of this Ordinance. for final compliance with applicable Pre-
(b) Compliance Schedule Reports. The District treatment Standards and Requirements,
shall require Industrial Users to develop compli or in the case of a new source following
ance schedules required to meet National Cate-
to the POTW, a report containing the
gorical Pretreatment Standards. The proposed requirements found in subsections 134
compliance schedule shall be submitted to the 403(a)2.f. and g. of this Ordinance.
District for review and approval. This schedule
shall be the shortest time limits required for 2. This report must indicate whether the
industrial users to provide additional pretreat- applicable National Categorical Pretreat-
ment and/or operation and maintenance in order ment Standards and associated Require-
to meet these pretreatment standards. The corn- ments are being met on a consistent basis,
pletion date of this schedule shall not be later and if not, what additional operation and
than the compliance date established for the maintenance procedures and/or pretreat-
applicable National Categorical Pretreatment Stan- ment have been (or will be) implemented
dard. The following conditions shall apply to the to bring the user into compliance with the
compliance schedule required by subsection 134- then applicable National Categorical Pre-
403(a)2.1 of this Ordinance: treatment Standards and associated Pre-
1. The schedule shall contain increments of treatment Requirements. This statement
progress in the form of specific dates for must be signed by an authorized repre
completion of major events leading to the sentative of the industrial user and must
construction and operation of required be certified by a qualified engineering
pretreatment facilities necessary for the professional. The statement must include
Industrial User to meet the applicable but is not limited to the language as
National Categorical Pretreatment Stan- described in subsections 134-403(a)2.d—h.
dards. and k. of this ordinance. For industrial
users subject to equivalent mass or con-
2. No increment of such schedule shall ex- centration limits established by the con-
ceed nine (9) months. trol authority in accordance with the pro-
cedures in subsection 62-625.410(4),F.A.C.,
3. No later,than 14 days following each date this report shall contain a reasonable mea-
in the schedule and the final date for sure of the industrial user's long term
compliance,the Industrial User shall sub-
mit a progress report to the District in- production rate. For all other industrial
cluding whether or not it complied with users subject to categorical pretreatment
the increments of progress to be met on standards expressed in terms of allowable
such date and,if not, the date on which it pollutant discharge per unit of production
re-
expects to comply with this increment of (or other measure of operation), this
progress, the reason for the delay and port shall include the industrial user's
measures being taken to return to the actual production during the appropriate
schedule established. sampling period.
4. In no event shall more than 9 months (d) Periodic Compliance Reports.
elapse between such progress reports to 1. All Users then subject to the National
the control authority. Categorical Pretreatment Standards and
(c) 90 day Compliance Report. associated Pretreatment Requirements
must submit to the District during the
1. Any Industrial User then subject to the months of June and December, unless
National Categorical Pretreatment stan- required more frequently in said Pretreat-
dards and associated Pretreatment Re- ment Standards or by the District, a writ-
Supp.No.45 CD134:157
134-403 COLLIER COUNTY CODE
ten report indicating the nature and con- (e) Notice of Potential Problems.
centration of pollutants in the effluent
that are limited by the referenced Pre- 1. In the case of any discharge, including,
treatment Standards. In addition, this but not limited to, accidental discharges,
report must include a record of the maxi- discharges of a nonroutine, episodic na-
mum single day and average daily flows ture, a noncustomary batch discharge, a
being discharged during the reporting pe Slug Discharge or Slug Load, that might
riod. In cases where the Pretreatment cause potential problems for the POTW,
Standard requires compliance with a Best the User must immediately telephone and
Management Practice (BMP) or pollution notify the POTW of the details of the
prevention alternative,the User must sub- incident, including the exact location of
mit documentation required by the Direc the discharge,type(s)of waste(s), concen-
tor the Pretreatment Standard necessary tration(s) and volume(s), and corrective
to determine the compliance status of the action(s) taken by the User. The amount
User. All wastewater samples must be of information must be sufficient to enable
representative of the User's discharge. the District to be able to evaluate the
Wastewater monitoring and flow measure severity of the incident.
ment facilities shall be properly operated, 2. Within five (5) working days following
kept clean, and maintained in good work- such slug discharge, the User shall, un-
ing order at all times. The failure of a less waived by the District, deliver to the
User to keep its monitoring facility in District a detailed written report describ-
good working order shall not be grounds ing the cause of the discharge and all
for the User to claim that sample results measures taken (or to be taken) by or on
are unrepresentative of its discharge. behalf of the User to prevent any and all
2. If a User subject to the reporting require- future occurrences.Such notification shall
ment in this section monitors any regu not relieve the User of any expense, loss,
lated pollutant at the appropriate sam damage, or other liability which may be
pling location more frequently than incurred as a result of damage to the
required by the District, using the proce POTW, natural resource, fish kills or any
dures prescribed in Subsection 134-402(p) other damage to person and/or property;
of this Ordinance,the results of this mon-
itoring shall be included in the report. of any fines, civil penalties and/or other
liability, duty or responsibility which may
3. At the discretion of the District and in be imposed by this Ordinance and/or by
consideration of such factors as local high any other applicable rule,regulation and/or
or low flow rates, holiday, budget cycles, law.
etc., the District may decide to alter the
months during which the compliance re- 3. A notice shall be permanently posted on
ports are to be submitted by the particu the User's bulletin board or other promi-
lar User. nent place advising its employees who to
call in the event of a dangerous discharge.
4. Compliance reports shall be signed by an All employers shall ensure that all of its
authorized representative of the Indus- respective employees who may cause or
trial User prior to submittal and shall suffer such a dangerous discharge to oc-
include the specific language as quoted in cur are aware of the emergency notifica-
subsection 134-402(b)4 of this Ordinance. tion procedure.
5. All Users not required to obtain a waste- 4. Significant Industrial Users are required
water discharge permit shall provide ap- to notify the District immediately of any
propriate reports to the District as the changes at its facility affecting the poten-
District may require. tial for a Slug Discharge.
Supp. No.45 CD134:158
UTILITIES § 134-403
(f) Noncompliance Notification. 2. The reports must be based on sampling
and analyses performed in the period cov-
1. User must notify the District within twen- ered by the report, and are subject to the
ty-four (24) hours of becoming aware of same requirements specified in Subsec-
any violation of this Ordinance or any tions 134-402(p)2.a—c. above. The sam-
potential problems, which may occur due pling and analysis may be performed by
to the user's discharge. If sampling per- the District in lieu of the significant non-
formed by a user indicates a violation,the categorical industrial user and is subject
user shall repeat the sampling and anal- to the same requirements specified in
ysis and submit the results of the repeat Subsections 134-402(p)2.a—c. above.
analysis to the District within thirty(30) Where the District itself collects all the
days after becoming aware of the viola- information required for the report, the
tion.The user is not required to resample significant non-categorical industrial user
if: shall not be required to submit the report.
a. The District monitors at the user's All laboratory analytical reports prepared
facility at least once a month, or by the industrial user or the District shall
comply with Rule 62-160.340, F.A.C.
b. The District samples between the
user's initial sampling and when the (h) Notification of Changed Discharge. User
user receives the results of this sam- must notify the POTW of any anticipated changes
piing. in wastewater characteristics and/or flow, which
may affect treatment. Each User must notify the
2. Where the District has performed the District of any planned significant changes to the
sampling and analysis in lieu of the in- User's operations or system which might alter the
dustrial user, the District must perform nature, quality, or volume of its wastewater at
the repeat sampling and analysis unless least 60 days before the change.
it notifies the user of the violation and
requires the user to perform the repeat 1. The Director may require the User to
analysis. submit such information as may be deemed
necessary to evaluate the changed condi-
(g) Periodic Compliance Report for Industrial tion, including the submission of a waste-
Users not subject to National Categorical Stan- water discharge permit application under
dards. Subsection 134-402(b) of this Ordinance.
1. The District requires appropriate report- 2. The Director may issue an individual
ing from those industrial users with dis- wastewater discharge permit under Sub-
charges that are not subject to categorical section 134-402(b)2 of this Ordinance or
pretreatment standards. Significant non- modify an existing wastewater discharge
categorical industrial users must submit permit under Subsection 134-402(b)3.f. of
to the control authority at least once ev- this Ordinance in response to changed
ery six months (on dates specified by the conditions or anticipated changed condi-
control authority) a description of the tions.
nature, concentration, and flow of the
pollutants required to be reported by the (i) Hazardous Wastes Discharge. Hazardous
control authority. In cases where a local Wastes as defined but not limited to Chapter
limit requires compliance with a best man- 62-730,F.A.C.,is prohibited to be discharged into
agement practice or pollution prevention the POTW.
alternative,the industrial user must sub-
mit documentation required by the con- (j) Notice of Upset. Users must submit notifi-
trol authority to determine the compli- cation of any and all upsets in accordance with
ance status of the industrial user. subsection 134-405(a)5.(c)iii of this Ordinance.
Supp.No.45 CD134:159
134-403 COLLIER COUNTY CODE
(k) Notice of Bypass. Users must submit noti- manhole or facility to allow accurate sampling
fication of any and all bypasses in accordance and preparation of sampling for analyses. The
with subsection 134-405(a)6.(b)of this Ordinance. facility,sampling,and measuring equipment shall
be maintained at all times in a safe and proper
(1) Date of Receipt of Reports. Written reports operating condition at no expense to the County.
will be deemed to have been submitted on the Whether constructed on public or private prop-
date postmarked.For reports,which are not mailed, erty,the sampling and monitoring facility shall be
postage prepaid, into a mail facility serviced by constructed in accordance with the District's re-
the United States Postal Service, the date of quirements and all applicable local construction
receipt of the report shall govern. standards and/or specifications.
(m) Recordkeeping. Users subject to the report-
ing requirements of this ordinance shall retain, (b) Inspection and Sampling.The District shall
and make available for inspection and copying,all inspect the facilities of any User to ascertain
records of information obtained pursuant to any whether the purpose of this Ordinance is being
monitoring activities required by this ordinance, met and that all requirements are being complied
any additional records of information obtained with.Persons or occupants of the premises where
pursuant to monitoring activities undertaken by wastewater is being generated and/or discharged
the User independent of such requirements, and to the POTW shall allow the representative of the
documentation associated with best management District, the State, or the EPA, immediate, free
practices. Records shall contain, as needed, the and ready access at all reasonable times to all
information as described in F.A.C. 62-160. These parts of the premises for the purposes of inspec-
records shall remain available for a period of at tion, sampling, records examination and/or re-
least three (3) years. This period shall be auto- cords duplication, or otherwise in the perfor-
'natically extended for the duration of any litiga- mance of any of their duties. Any temporary or
ion concerning the User or the District, or where permanent obstruction to safe and easy access to
the User has been specifically notified of a longer the facility to be inspected and/or sampled shall
retention period by the District. be promptly removed by the User at the written
(Ord. No. 2012-13, § 3) or verbal request of the District and shall not be
replaced. The costs of clearing such access shall
Sec. 134-404. Monitoring and inspections. be borne by the User. The County (District), the
State, and the EPA shall have the right to set up
(a) Monitoring Facilities. The District shall on the User's property such devices as are neces-
require construction,operation and maintenance, sary to conduct sampling, inspection, compliance
at no expense to the County, of monitoring facili- monitoring and/or metering operations. In in-
ties to allow inspection of the building sewer stances where a User has security measures in
and/or internal drainage systems, and sampling force which would require proper identification
and flow measurement of the waste being dis- and clearance before entry into the premises, the
charged to the POTW.Appropriate valves shall be User shall make necessary arrangements with
included in design and construction of such facil- their security guards so that upon presentation of
ities to immediately and effectively halt dis- suitable identification,personnel from Collier Coun-
charges under situations described by Section ty/District, the State, and/or the EPA shall be
Two of this Ordinance. The monitoring facility permitted to enter, freely and without delay, for
should normally be situated on the User's prem- the purposes of performing their work.Unreason-
ises, but when such a location would be imprac- able delays in allowing the District access to the
tical or cause undue hardship to the User, the User's premises shall be a violation of this ordi-
District may, if feasible, permit the monitoring nance. If the District has been refused access to a
facility to be constructed in public right-of-way building,structure,or property,or any part thereof,
and be located so that it would not be obstructed and is able to demonstrate probable cause to
by landscaping or parked vehicles. Ample room believe that there may be a violation of this
shall be provided in the area of such sampling ordinance, or that there is a need to inspect
�Supp.No.45 CD134:160
UTILITIES § 134-405
and/or sample as part of a routine inspection and ified time period for compliance,an inspec-
sampling program of the County designed to tor may issue a citation to the violator.An
verify compliance with this ordinance or any inspector does not have to provide the
permit or order issued hereunder,or to protect the violator with a reasonable time period to
overall public health, safety and welfare of the correct the violation if the inspector has
community, then the District may seek issuance reason to believe that the violation pres-
of a search warrant from the Circuit Court of the ents a serious threat to the public health,
Twentieth Judicial Circuit in and for Collier County. safety,and/or welfare,or if the violation is
(c) Powers and Authority of Inspectors. irreparable or irreversible.
(Ord. No. 2012-13, § 4)
1. Duly authorized employees of the County/
District bearing proper credentials and Sec. 134-405. Violation and penalties.
identification shall be admitted to all prop-
erties for the purpose of inspection,obser- (a) Violations, Notice of Violation, Consent Or-
vation, measurement, sampling and test- ders, Show Cause Hearing.
ing pertinent to discharge to the sewer 1. When the District finds that a user has
system in accordance with this Ordi- violated, or continues to violate, any pro-
nance. vision of this Ordinance, or order hereun-
2. While performing work on private proper- der,or any pretreatment standard or other
ties referred to herein, the authorized requirement ("Noncompliance"), the Dis-
employees of the District shall observe all trict may serve upon that User a written
safety rules applicable to the premises as Notice of Violation in person,or by facsim-
established by the Owner. ile, by certified mail or by any lawful
3. Duly authorized employees of the District means of service. Within ten (10) work
days of receipt of this notice, the User
bearing proper credentials and identifica shall deliver to the District a written
tion shall be permitted to freely and im- detailed plan for satisfactory correction of
mediately enter all private properties all noticed violations and for prevention of
through which the District holds an ease- further recurrences thereof. Submission
ment for the purpose of, but not limited of this plan in no way relieves the User of
to, inspections, observation, measure- liability for any violations occurring be-
ment, sampling, repair and/or mainte- fore or after receipt of the Notice of Viola-
nance of any portion of the wastewater tion. Nothing in this Section shall limit
facilities lying within said easement,shall the authority of the District to take ac-
be done in full accordance with the terms tion, including emergency actions or any
of the duly negotiated easement pertain- other enforcement action, without first
ing to the private property involved. issuing a Notice of Violation.
4. Duly authorized employees of the County/ 2. The District may enter into consent or
District shall provide notice to any viola ders, assurances of voluntary compliance,
tor(s) that the violator has committed a or other similar documents establishing
violation of this Ordinance(including rules an agreement with any User responsible
and regulations incorporated herein by for noncompliance. Such documents must
reference) and shall establish a reason include specific action to be taken by the
able time period within which the violator User to correct the noncompliance within
must correct violation(s) that are curable a time period specified by the document.
or correctable.Such time period shall gen Such documents shall be judicially enforce-
erally be no more than thirty(30)days.If, able.
upon personal investigation, an inspector
finds that the violator has not corrected 3. The District may order a User who has
the violation within the case specific spec- received a notice of violation to appear
Supp.No.45 CD134:161
134-405 COLLIER COUNTY CODE
before the District and show cause why in compliance with applicable
the proposed enforcement action should operation and maintenance pro-
not be taken.Notice shall be served on the cedures; and
User specifying the time and place for the iii. The user has submitted the fol-
meeting, the proposed enforcement ac- lowing information to the Dis-
tion, the reasons for such action, and a trict within twenty-four (24)
request that the User show cause why the hours of becoming aware of the
proposed enforcement action should not upset.
be taken. The notice of the meeting shall a. A description of the indi
be served personally or by registered or rect discharge and cause
certified mail (return receipt requested) of noncompliance;
at least twenty(20)work days prior to the
hearing. Such notice may be served on b. The period of noncompli-
any authorized representative of the User. ance,including exact dates
A show cause hearing shall not be a bar and times or, if not cor
against, or prerequisite to, taking any rected, the anticipated
other action against the User. time the noncompliance is
expected to continue; and
4. Should any violation of any condition of c. Steps being taken and/or
this Ordinance occur,User will be subject planned to reduce, elimi-
to the penalties described in subsection nate, and prevent recur-
(b) of this Section. rence of the noncompli-
5. Upset. ante.
(a) An upset does not constitute noncom-
pliance6. Bypass.
to the extent caused by oper- (a) Bypass not violating applicable pre-
ational error, improperly designed treatment standards or requirements.
treatment facilities,inadequate treat- An industrial user may allow any
ment facilities, lack of preventive bypass to occur which does not cause
maintenance,or careless or improper pretreatment standards or require-
operation. ments to be violated, but only if it is
for essential maintenance to assure
(b) An upset shall provide an affirma- efficient operation. These bypasses
tive defense to noncompliance pro- are not subject to the provision of
vided that proper notification and subsections (b) and (c) below.
documentation are demonstrated.
User must demonstrate that the fa (b) Bypass notifications.
cility was being properly maintained i. If an industrial user knows in
and operated at the time of upset. advance of the need for a by-
(c) A user who wishes to establish the pass,it shall submit a notice to
affirmative defense of upset shall the District at least ten days
demonstrate, through properly before the date of the bypass. If
signed, contemporaneous operating the industrial user does not
logs,or other relevant evidence that: know of the need for a bypass
ten days prior to the bypass
i. An upset occurred and the user then the industrial user shall
can identify the cause(s) of the notify the District immediately
upset; upon knowledge of the need for
ii. The facility was at the time the bypass.
being operated in a prudent ii. An industrial user shall submit
and workman-like manner and oral notice of an unanticipated
vSupp.No.45 CD134:162
UTILITIES § 134-405
bypass that exceeds applicable equipment downtime or
pretreatment standards to the preventative maintenance;
District within 24 hours from and
the time the industrial user be- c. The industrial user sub-
comes aware of the bypass. A mitted notices as required
written submission shall also under subsection(b)above.
be provided within 5 days of ii. The District shall approve an
the time the industrial user be-
comes aware of the bypass.The anticipated bypass, after con
written submission shall con- sidering its adverse effects, if
taint the District determines that it
will meet the three conditions
a. A description of the by- listed in subsection (c)i above.
pass and its cause;
b. The duration of the by- (b) Penalties.
pass,including exact dates 1. When the District determines that a Us-
and times, and, if the by er(s) is contributing to the POTW, any of
pass has not been cor the prohibited discharges in such
rected, the anticipated amount(s), which do (or which threaten
time it is expected to con to) interfere with the operation of the
tinue; and POTW, or may present an endangerment
c. Steps taken or planned to to the environment, the District has au-
reduce,eliminate,and pre- thority to immediately halt or immedi-
vent recurrence of the by- ately prevent any such discharge(s)to the
pass. POTW.The District shall provide the User
(c) Prohibition of bypass. notice of this action in accordance with
i. Bypass is prohibited, and the Subsection 134-405(g) of this Ordinance.
District shall take enforcement 2. Subsequent to such notice, the District
action against an industrial user may allow the User up to thirty(30)days
for a bypass, unless: to deliver a response,which response must
a. Bypass was unavoidable include the cause of the discharge and all
to prevent loss of life,per- corrective measures taken or to be taken.
sonal injury, or severe Wastewater service shall not be resumed
property damage; until all such corrective measure(s) as
b. There were no technically needed have been undertaken to elimi-
feasible alternatives to the nate all threats of interference and/or
bypass, such as the use of endangerment to the environment.
auxiliary treatment facili 3. Following this specified response period
ties,retention of untreated in the specific instance, the District, as it
wastes, or maintenance determines necessary, shall begin devel-
during normal periods of opment of effluent limitation(s)and a corn-
equipment downtime.This pliance schedule for such User to correct
condition is not satisfied if all interference(s)with the POTW.
adequate back-up equip-
ment should have been in- 4. Any person who fails or refuses to obey or
stalled in the exercise of comply with or violates any provision of
reasonable engineering this Ordinance may be prosecuted in the
judgment to prevent a by- same manner as misdemeanors are pros-
pass which occurred dur- ecuted. Such person upon conviction of
ing normal periods of such offense shall be punished by a fine
~ Supp.No.45 CD134:163
134-405 COLLIER COUNTY CODE
(as specified herein)for each violation, or 7. All remedies and penalties provided for in
by imprisonment not to exceed sixty (60) this Section shall be cumulative and inde-
days in the County jail, or both, in the pendently available to the County and
discretion of the Court. Pursuant to the District,and the County and District shall
authority of Rule 62-625.500(2)(a)5.a., be authorized to pursue any and all rem-
F.A.C., the fine shall be in at least the edies set forth in this Section to the full
amount of one thousand dollars($1,000.00) extent allowed by law.
per day per violation for a first violation,
five thousand dollars ($5,000.00) per day 8. All aspects of Sections 1-6 of the Collier
for a repeat violation. In determining the County Code of Laws and Ordinance also
amount of the fine,if any,the trier of fact apply to this Ordinance.
may consider the gravity of the violation, 9. The District shall publish annually,in the
any actions taken by the violator to cor- largest daily newspaper published in the
rect the violation, and any previous viola- municipality where the POTW is located,
tions committed by that violator. Each a list of the users which, during the pre-
violation or non-compliance shall be con- vious twelve (12) months, were in signifi-
sidered a separate and distinct offense. cant noncompliance with applicable pre-
Further, each day of continued violation treatment standards and requirements.
or non-compliance may be considered as a
separate offense.All expenses incurred by (c) Authority to Disconnect Service. The Dis-
the County in regulating the incident,will trict may terminate water and wastewater dis-
be paid by the offending User(s). posal services and disconnect a User from the
system when:
5. Nothing herein contained shall prevent or
restrict the County or District from tak- 1. Acid(s) or chemical(s) damaging to the
4 ing such other lawful action in any court sewer lines or the treatment process are
of competent jurisdiction as is necessary released into the sewer causing rapid or
to prevent or remedy any violation or greater than normal deterioration of these
non-compliance. Such other lawful ac- structures,or interfering with proper con-
tions shall include, but shall not be lim- veyance and/or treatment of wastewater;
ited to, an equitable action for injunctive or
relief or an action at law for damages. 2. A governmental agency informs the Dis-
6. Further, nothing in this Ordinance shall trict that the effluent from the wastewa-
be construed to prohibit the County from ter treatment plant is no longer of a
prosecuting any violation of this Ordi- quality permitted for discharge into a
nance by means of a Code Enforcement percolation pond,reclaimed water system
Board Special Magistrate established pur- or groundwater well, or it is found that
suant to the authority of F.S. ch. 162. the User is delivering wastewater to the
Furthermore, enforcement in Court shall District's system that cannot be suffi-
not prevent referral of the violation to any ciently treated or requires treatment that
Code Enforcement Board. In addition, if is not provided by the District as normal
the violator is within the jurisdiction of domestic treatment; or
the Collier County Water/Wastewater Au- 3. The User discharges industrial waste or
thority, the matter may also be referred wastewater that is in violation of the
for enforcement to that Authority. If the permit issued by the District; or
violator is a tenant, licensee or use per-
mittee of the Collier County Airport Au- 4. The User discharges wastewater at an
thority, such violation shall also be a uncontrollable,variable rate,in sufficient
violation of the respective lease,license or quantity to cause an imbalance in the
use agreement. wastewater treatment systems; or
Supp.No.45 CD134:164
UTILITIES § 134-405
5. The User fails to pay a monthly bill for tarily with the suspension order, the Dis-
water or sanitary sewer services when trict shall take such steps as by the Dis-
due; or trict are deemed to be necessary,including
6. The User repeats a discharge of prohib initiation of legal action by the County
ited waste(s) into public sewer. Attorney and immediate severance of the
sewer connection, to prevent or minimize
(d) Reasonable Service Conditions. damage to the POTW system or endanger-
(. The District reserves the right to refuse to ment to any individuals. Absent other
provide,or to cease providing,water and/or compelling reason(s) not to do so, the
wastewater services to any connector for District shall reinstate the effluent permit
any good reason(s) which shall include, and/or the wastewater treatment service
but not be limited to, use of water or upon proof of the elimination of the non-
contribution of wastewater in such man-
ner or form as to be injurious or detrimen- statement submitted by the User describ-
tal to the general welfare of the system, ing the cause(s) of the harmful contribu
its customers,or the community.The Dis tion and the measures taken to prevent
trict may require that pretreatment flow future occurrence shall be submitted to
regulations or other remedial,preventive, the District within fifteen (15) calendar
or corrective facilities be installed (at no days of the date of occurrence.
expense to the County) when the situa- (f) Revocation of Permit.
tion warrants provision and use of such
facilities. 1. Any User who violates any of the condi-
tions of this Ordinance or applicable State
2. The District is authorized to immediately and Federal regulations,is subject to hav-
halt and/or immediately eliminate upon ing its permit revoked in accordance with
notice to the User in accord with Subsec- Subsection 134-405(g) of this Ordinance.
tion 134-405(e) of this Ordinance, any
actual or threatened discharge of pollut- 2. The Director may revoke an individual
ants to the POTW,which does present(or wastewater discharge permit for good
may present) an imminent or substantial cause, including, but not limited to, the
endangerment to the health or welfare of following reasons:
any person or any animal. (a) Failure to notify the District of sig-
(e) Suspension of Services. nificant changes to the wastewater
Prior to the changed discharge;
1. The District may suspend the wastewater
treatment service and/or effluent permit (b) Failure to provide prior notification
when such suspension is deemed to be to the District of changed conditions
necessary,in the opinion of the District,in pursuant to Subsection 134-403(h)
order to stop an actual or threatened of this Ordinance;
discharge which presents or may present (c) Misrepresentation or failure to fully
an imminent or substantial endanger- disclose all relevant facts in the waste-
ment to the health or welfare of persons, water discharge permit application;
to the environment,causes interference to
the POTW or causes the District to violate (d) Falsifying self-monitoring reports and
any condition of its FDEP Permit. certification statements;
2. Any person notified of a suspension of the (e) Tampering with monitoring equip
wastewater treatment service and/or the ment;
effluent permit shall immediately stop or (0 Refusing to allow the District timely
eliminate the contribution.In the event of access to the facility premises and
a failure of the person to comply volun- records;
‘ftlinmf Supp.No.45 CD134:165
r 134-405 COLLIER COUNTY CODE
(g) Failure to meet effluent limitations; laws of the State of Florida,which are as
(h) Failure to pay fines; of the effective date of this Ordinance is
F.S. ch. 119.
(i) Failure to pay sewer charges or ap-
2. When requested by the User furnishing a
propriate excess strength fees;
report, portions of said report, if any,
(j) Failure to meet compliance sched- which might disclose trade secrets or se-
ules; cret processes shall not be made available
(k) Failure to complete a wastewater for inspection by the public, but shall be
survey or the wastewater discharge made available immediately upon request
permit application; to the government agencies for uses re-
lated to this Section, the State disposal
(1) Failure to provide advance notice of
permitting system and/or the State and
the transfer of business ownership of Federal pretreatment programs provided,
a permitted facility; or however, that such portions of a report
(m) Violation of any Pretreatment Stan- shall be available for use by the State or
dard or Requirement, or any terms other State agencies in judicial review or
of the wastewater discharge permit enforcement proceedings involving the per-
or this Ordinance. son furnishing the report.Wastewater con-
stituents and characteristics will not be
(g) Notice of Disconnection, Suspension, Revo- recognized as confidential information.
cation. The District shall attempt to notify User
in writing prior to disconnecting, suspending or B. Notwithstanding any of the provisions of
revoking User's service or permit. Said notice this Section,nothing shall be construed to
should inform User of the sections of this Ordi- imply that the County can or will violate
/lance being violated, state what corrective action any public records laws or any United
must be taken, and state the time period neces- States Government or Federal Act or Law,
sary for said corrective action. Failure to comply requiring disclosure of public records or
with the notice may result in disconnection, sus- otherwise. Any release of information or
pending or revoking User's service or permit. disclosure made by the County(including
However, in emergency situations the District the District)in compliance with any such
may disconnect, suspend or revoke User's service law(s) renders the County immune from
or permit prior to notification. User will, when- any cause or claims based on any release
ever possible,be notified as soon as is reasonably of any such information.
possible after said action is taken. (Ord. No. 2012-13, § 6)
(Ord. No. 2012-13, § 5)
Sec. 134-407. Service charge and fees.
Sec. 134-406. Confidentiality,public records (a) The Board of County Commissioners as
law. Ex-officio Board of the Collier County Water-
(a) Confidential Information. Sewer District hereby adopts the Rates,Fees,and
Charges as set forth in Schedule 1; inclusive,
1. Information and data on a User obtained appended hereto as Appendix A, which shall be
from reports, questionnaires, permit ap- imposed upon all Users of the Collier County
plications, permits and monitoring pro- Water-Sewer District services within the District
grams and inspections shall be available boundaries and outside the District boundaries
to the public or other governmental agency subject to appropriate mutual agreements. These
without restriction unless the user specif- rates, fees, and charges may be changed from
ically requests confidentiality and demon- time to time by Resolutions of the Board of
strates to the satisfaction of the County County Commissioners as Ex-officio Board of the
Attorney that the requested confidential- Collier County Water-Sewer District, provided
ity is lawful applying the public records the Board holds an advertised public hearing with
Supp.No.45 CD134:166
L UTILITIES § 134-409
regard to the Schedule amendments.The hearing (d) Equipment servicing by an indepen-
may be placed on the Board's Summary Agenda dent service company; and
and remain there for final action of the Board if no (e) Other requirements deemed neces-
one removes the matter from that part of the sary to implement the pretreatment
agenda. program as delineated in this Ordi-
(b) Charges and Fees. nance.
1. The District may adopt charges and fees These fees are related solely to the matters
which may include but are not limited to: covered by this Ordinance and are separate
(a) Fees for reimbursement of costs of from all other fees chargeable by the District.
setting up and operating the Dis (Ord. No. 2012-13, § 7)
trict's pretreatment program; Sec. 134-408. Liberal construction; declara-
(b) Fee for monitoring, inspection and tion of exclusions from the Ad-
surveillance procedures; ministrative Procedures Act.
(c) Fee for reviewing accidental dis- The provisions of this article shall be liberally
charge procedures and construction; construed to effectively carry out its purpose in
(d) Fees for permit applications; the interest of public health, safety, welfare and
(e) Fees for filing appeals; convenience. No part of any administrative pro-
cedures law(s),rules and/or regulations applies to
(f) Fees for consistent removal (by the this article. The laws, rules and regulations that
District)of pollutants otherwise sub- will apply will be those of the forum to which the
ject to Federal Pretreatment Stan- matter is referred for enforcement.
dards; (Ord. No. 03-18, § 8, 4-22-03)
(g) Amount of effluent bond;
(h) Fees for special arrangements; and Sec. 134-409. Conflict and severability.
(i) Other fees as the District may deem The provisions of this Article shall be liberally
necessary to carry out the require- construed to effectively carry out its purpose in
ments contained herein. the interest of public health,safety,welfare and/or
2. Wastewater system Users determined by convenience. If any section, phrase, sentence or
portion of this Ordinance is for any reason held
the County to be included in the "FOG" invalid or unconstitutional by any court of corn-
(Fats, Oil and Grease)Program shall pay petent jurisdiction, such portion shall be deemed
a monthly Supplemental Service Charge separate,distinct,and independent provision,and
to be established by Resolution of the such holding shall not affect the validity of the
Board of County Commissioners. These remaining portions thereof.
charges are to pay for additional services (Ord. No. 2012-13, § 8)
required to monitor wastes being dis-
charged by such Users. This charge shall
be separate and distinct from the excess
strength surcharge. This Supplemental
Service Charge will be levied to cover
costs for:
(a) Monitoring, inspections and surveil-
lance procedures;
(b) Collection and analyses of wastewa-
ter samples;
(c) Collection and evaluation of monitor-
ing data;
Supp.No.45 CD134:167
�.pp.A COLLIER COUNTY CODE
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM REGULATIONS FOR DIRECT
APPENDIX A— SCHEDULE 1
The Industrial Waste Surcharge is a mechanism to recover costs incurred when treating high strength
wastes discharged by some industrial and commercial users to the wastewater system. These additional
funds are needed to cover the cost of operations and maintenance at the Publicly Owned Treatment
Works (POTW) and laboratory.
A. Rates For Excess Strength Wastewater.
1. A customer discharging excess strength wastewater into the County's wastewater system
shall be assessed a laboratory charge based on the cost of collecting and analyzing samples
used to determine the strength and characteristics of the waste.
2. Where automatic sampling equipment is required by the County or requested by the
customer and such equipment is owned and/or maintained by the County, a monthly
sampling charge shall be assessed based on the cost to the County of operation and
maintenance of the equipment plus depreciation. The customer must be responsible for
security of the automatic sampler.
3. A customer discharging excess strength waste into the wastewater system shall be assessed
normal strength wastewater charges in addition to excess strength charges calculated
according to the following formula:
Excess Strength Fee ($) = [Y/X - 1] x [Z] x [0.5 x A]
Y = Measured concentration of wastewater constituent.
X= Concentration of constituent in normal strength wastewater.
Z = Thousands of gallons of excess strength wastewater discharged into the County's
wastewater system.
A= Normal strength wastewater rate per thousand gallons.
Excess strength surcharges shall be applicable only to the following conventional constituents: BOD,
COD, Total Suspended Solids and Total Kjeldahl Nitrogen. When COD is indicative of the excess
wastewater strength,it shall be the preferred measurement parameter.Where the wastewater contains
no more than one excess strength constituent,the charge shall be based on the constituent,which results
in the greatest charge.
(Ord. No. 2012-13)
Supp.No.45 CD134:168
UTILITIES App. B
WASTEWATER PRETREATMENT PROGRAM
APPENDIX B — SCHEDULE OF FEES, RATES AND CHARGES
ITEM CHARGE
Industrial User Permit Application Fee(based on 7-man hours per permit) $155.00
Industrial User Amended Permit Application Fee(based on 5 man hours per $110.00
permit
Industrial User Permit Fee Discharge in gallons per day 0-24,999 $300.00
Industrial User Permit Fee Discharge in gallons per day 25,000-49,999 $450.00
Industrial User Permit Fee Discharge in gallons per day 50,000-99,999 $600.00
Industrial User Permit Fee Discharge in gallons per day greater than or equal $750.00
to 100,000 per day
Review of accidental discharge procedures and construction (based on 3 man- $65.00
hours per review)
*Monthly Supplemental Service Charge (FOG)Program Establishments $12.00
**Total Suspended Solids Analysis(TSS) $15.00
**Total Kjeldahl Nitrogen Analysis(TKN) $15.00
**Chemical Oxygen Demand Analysis(COD) $15.00
**Biochemical Oxygen Demand Analysis (BOD) $15.00
Industrial User Inspection $75.00
Automatic Sampler Usage Fee Per Day $40.00
* Monthly Supplemental Service Charge for Establishments that fall under the Fats, Oil and Grease
Program (FOG). Charges are based on two inspections annually, sampling and analysis, and report
preparation.
** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater Department for
purposes of an individual user with the Sewer Use Ordinance shall be charged to the user, who shall
�•e� reimburse the County promptly upon receipt of said charge. This charge is subject to increase or
decrease according to the prevailing average cost per test.
(Ord. No. 2012-13)
1� Supp.No.45 CD134:169