Ordinance 2008-32
ORDINANCE NO. 2008- R-
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97-33;
AS CODIFIED IN SECTIONS 134-121 THROUGH 134-135, KNOWN AS
THE COLLIER COUNTY CROSS-CONNECTION CONTROL
/BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS;
UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION
POLICY AND REQUIREMENTS; UPDATING PROGRAM
RESPONSIBILITIES; UPDATING BACKFLOW PREVENTION
SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN;
UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL
IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance 97-33, known as the Collier County Cross-
Connection ControVBackflow Prevention Ordinance was adopted to establish a cross-connection
control program as required by Florida Administrative Code Rules 62-555.360, and 62-610.470;
and
WHEREAS, establishment and maintenance of a cross-connection control program is a
condition and requirement of operating permits issued by the Florida Department of
Environmental Protection to the Collier County Water-Sewer District and Goodland Water
District; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, ("Board")
has previously found it to be in the best interest of the public to have a County operated and
maintained cross-connection control program to monitor hazards to the County's Public Water
System and to protect the public health, safety, and welfare by providing for, among other things,
the installation, ownership, repair and testing of back flow prevention assemblies.
WHEREAS, on April 8, 2008 at a regularly noticed meeting as Item 16 C I the Board
directed Public Utilities staff to develop this Ordinance to, among other things, ameIld certai*
definitions, update references, delete program funding and clarify penalty provisions; and
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COT.JNTX ._J
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to SECTION TWO, Subsections A. and B. of Collier
County Ordinance No. 97-33, codified as Sections 134-122 (1) and (2) of the Collier County
Code of Laws and Ordinances follows:
SECTION TWO: FINDINGS.
The Board of County Commissioners hereby makes the following findings:
A. That Florida Administrative Code Rules 62-555.360 and 62.810.17062.610.469(7)
requires all community water systems to establish a cross-connection control program to detect
and prevent cross-connections that create or may create an imminent and substantial danger to
public health and safety.
B. That the Collier County Water-Sewer District and the Goodland Water District are
community water systems as defined by Florida Administrative Code Rule 62-550.200@.
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SECTION TWO. Amendment to SECTION THREE, of Collier County Ordinance No. 97-
33, codified as Sections 134-123 of the Collier County Code of Laws and Ordinances
follows:
SECTION THREE: DEFINITIONS.
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Auxiliary Water Supply means any water supply on or available to a facility other than
the County's Water System., which is not permitted by the Florida Department of Environmental
Protection and over which the County does not have sanitary control. Auxiliary water supplies
may include water from another public water supply, any natural source such as a well, spring,
river, stream, harbor or used water, Reclaimed Water, irrigation Qualitv (10) water. or Industrial
Fluids.
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Division or Article means Collier County Ordinance No. 97-33 as now or hereafter
amended. which is codified as Division 4 of Chapter 134 of the County's Code of Laws and
Ordinances.
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Irrirmtion Oualitv Water (f0) water means water other than potable water which meets
all of the Florida and local regulatory requirements as mandated by the Florida Department of
Environmental Protection (FDEP) permits and the Florida Administrative Code WA.C.).
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Reclaimed Water means aHY sour-ee or sllflply of water whieh eontains in part or entirety
water from a waGtmvater treatment faeility in e~(sess of 10 persent water that has received at least
secondary treatment and basic disinfection and is reused after flowing out of a domestic
wastewater treatment facilitv.
Reduced Pressure bene Princivle Assembly (RPZ), Approved means an assembly
containing two independently acting approved check valves with replaceable seats together with
a hydraulically operating, mechanically independent pressure differential relief valve located
between the check valves and at the same time below the first check valve. The unit shall
include properly located and approved testcocks and tightly closing and approved shut-off valves
at each end of the assembly. Only those reduced pressure principle assemblies fRPZt approved
by the Foundation for Cross-Connection Control and Hydraulic Research (FCCC) and Qy the
Department are acceptable for installation.
Reduced Pressure wne Princivle Detector Assembly (RPZD). Approved means an
assembly containing two independently acting approved check valves with replaceable seats
together with a hydraulically operating, mechanically independent pressure differential relief
valve located between the check valves and at the same time below the first check valve. The
unit shall include properly located and approved testcocks and tightly closing and approved shut-
off valves, at each end of the assembly. A bypass arrangement consisting of an approved water
meter and an approved reduced pressure principle detector assembly shall be incorporated into
the mechanism. Only those reduced pressure 00fl6 principle detector assemblies (RPZD)
approved by the Foundation for Cross-Connection Control and Hydraulic Research (FCCC) and
Qy the Department are acceptable for installation.
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SECTION THREE: Amendment to SECTION FOUR, Subsection A. of Collier County
Ordinance No. 97-33, codified as Sections 134-124 (a) of the Collier County Code of Laws
and Ordinances follows:
SECTION FOUR: OPERATION POLICY AND REQUIREMENTS.
A. Operation Policy.
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3. An approved and appropriate backflow prevention assembly shall be installed
as part of each Service Connection wherever and whenever any of the following
conditions exist beyond the Service Connection:
a. An Auxiliary Water Supply exists, that is not maintained or peflBitted by
the Department ofEn'lironrnental Proteetion
b. Industrial Fluids or any other objectionable substances are handled in such
a fashion as to create an actual or potential hazard of any kind to the County's
Water System.
c. Internal plumbing or plpmg arrangements are not known, making it
impracticable or impossible to ascertain whether or not Cross-Connections
exist.
d. A commercial facility and/or multi-family development exists.
4. The type of backflow prevention assembly required shall depend upon the
degree of hazard that may exist as follows:
a. In cases where there is a surface water auxiliary supply, the County's
Water System shall be protected by an approved Air Gap Separation or an
approved deaele eheek '/allle assembly reduced pressure principle backflow
prevention assembly.
b. In cases where there is a ground water Auxiliary Water Supply, the
County's Public Water System shall be protected by an approved reduced
pressure principle backflow prevention assembly.
c. In cases where there are any substances that would be objectionable, but not
hazardous to health, the County's Water System shall be protected by an
approved deaele eheek yallle assembly reduced pressure principle backflow
prevention assembly.
d. In cases of a facility, where material is stored or handled so as to create an
actual or potential hazard of any kind to the County's Public Water System,
the Public Water System shall be protected by an approved air-gap separation
or approved reduced pressure principle backflow prevention assembly.
e. In cases of any facility, where because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to make a complete
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Cross-Connection survey, the County's Public Water System shall be
protected against backflow by either an approved Air Gap Separation or an
approved reduced-pressure principle backflow prevention assembly.
f. In cases of any facility, where the Department determines an undue health
threat is posed because of the presence of extremely toxic substances, the
Department may require an air gap at the Service Connection to protect the
County's Public Water System.
5. Any required backflow prevention assembly and its configuration shall be as
specified by this Ordinance, the Collier County Utility Standards and Procedures
Ordinance, Ordinance No. 9+++ 04-31, any amendments or successors thereto and
the Department's Administrative and Operational Procedures.
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SECTION FOUR: Amendment to SECTION SIX, Subsection C. of Collier County
Ordinance No. 97-33, codified as Sections 134-126 (c) of the Collier County Code of Laws
and Ordinances follows:
SECTION SIX:
PROGRAM RESPONSIBILITIES
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C. The Department (privately owned assemblies).
(I) The Department shall review and approve the data submitted by Facility
Owners for the installation, repairs and overhauls of privately owned assemblies
required under this Ordinance or that were existing as of the effective date of this
Ordinance.
(2) The Department shall have the authority to prohibit a Service Connection or
order the disconnection of service to any connection where:
a. Any kind of hazard exists to the County's Public Water System.
b. The Facility Owner fails to install, operate and maintain an approved and
appropriate backflow prevention assembly in accordance with this Ordinance.
c. The Department may inspect all new backflow assembly installations for
compliance with this Ordinance, the Collier County Utility Standards and
Procedures Ordinance, Ordinance No. 9-1-1-7 2004-31 and any amendments or
successors thereto, the then current edition of the AWWA Manual M-14, Seeond
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Edition and other applicable Department Administrative and Operational
Procedures.
d. The Department shall accept for review only those Cross-Connection survey
reports as performed by the Facility Owner on the Department's self-evaluation
forms or performed by a certified Cross-Connection control survey inspector or
professional engineer.
e. The Department shall accept for review only those initial certification tests,
scheduled tests, overhauls, repairs, and replacement reports for any backflow
prevention assembly performed by a certified technician from the Department's
Approved List.
f. The DepartmeHl shall estaelish a seheoole aeeefltaele to the flerida DSflartmeHl
of Environrnental Proteetion llnder v/fiieh all existing faeilities will be brollght
iHlo eOlHfllianee with the teffils sf this Onlinanee
fu [, The Department shall compile and maintain all significant data
resulting from reports submitted under this Ordinance.
fr. & The Department shall require additional data on any report as
deemed necessary, prudent or helpful in the execution of this Ordinance.
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SECTION FIVE: Amendment to SECTION SEVEN, Subsections A and B of Collier
County Ordinance No. 97-33, codified as Sections 134-127 (a) and (b) ofthe Collier County
Code of Laws and Ordinances follows:
SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS.
A Approved Backjlow Prevention Assemblies. An approved backflow prevention
assembly under this Ordinance is one that meets those standards set forth by the American Water
Works Association (AWWA), the American Society of Sanitary Engineers (ASSE) and the
Foundation for Cross-Connection Control and Hydraulic Research (FCC C), and is published as
approved in the FCCC's list of Approved Backflow Prevention Assemblies. For assemblies
owned by the County, the County reserves the right to limit the number of modelfs~ of approved
assemblies for purposes of standardization and conformity to system conditions. Approved
assemblies shall have the following features.
(I) Shall be testable in line.
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(2) Shall be repairable in line.
(3) Shall have approved shut-off valves located at each end of the backflow preventer.
(4) Shall be supplied with ammonia resistant silicone disc!s or other material having
the same ammonia resistant properties and approved by the Department.
(5) Shall have:
a. Resilient seated (wedge), full-flow shut-off valves (or resilient seated, full-
flow ball valves} on sizes two (2) inches or smaller that shall be marked with:
1. The manufacturer's name or symbol;
2. Nominal size of valve;
3. Model number;
4. Working pressure.
b. Resilient seated testcocks with:
I. An operating stem, which must indicate if the testcock is open or closed;
2. The operating stem on a ball valve type of testcock must be blow-out
proof;
3. The materials specified as bronze or approved equal.
(6) The assembly (itself) shall contain the following minimum markings:
a. The manufacturer's name or symbol;
b. The type of assembly;
c. Assembly size;
d. Assembly model number;
e. Assembly serial number;
f. Rated working water pressure;
g. Direction of flow.
(7) No backflow prevention assembly shall be installed under this Ordinance unless
spare parts are represented by the manufacturer to be available for a minimum of
seven (7) years from date of installation.
B. Hazard Classifications. Unless otherwise specified by this Ordinance, the
Department shall use the American Water Works Association (A WW A) standards and
guidelines in determining all classifications of hazards (whether actual or potential). Single
family facilities shall be evaluated on a case-by-case basis. To the extent such residential
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facilities do not have auxiliary water sources or other types of systems or operations on-site
which would classify the system as hazardous, a backflow prevention assembly shall not be
required. Multifamily facilities with a single Service Connection or individual Service
Connections having lift auxiliary water or other types of systems or operations on-site that would
classify the system as hazardous shall have an RPb assembly installed as required by this
Ordinance.
SECTION SIX: Amendment to SECTION EIGHT of Collier County Ordinance No. 97-33,
codified as Sections 134-128 of the Collier County Code of Laws and Ordinances follows:
SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN.
A All Facilities.
(I) The design shall be consistent with the standards and specifications found in
the Collier County Utility Standards and Procedures Ordinance, Ordinance No.
9+++ 2004-31 and any amendments or successors thereto, and the Department's
operational and administrative procedures.
(2) The design shall utilize A WW A standards and guidelines and FCCC
approved backflow prevention assemblies (latest edition) unless otherwise
specified by this Ordinance or the Department's administrative and operational
procedures.
(3) Backflow prevention assemblies shall be designed as part of the County's
Service Connection, unless otherwise approved by the Department.
(4) The Facility Owner shall be responsible for determining if the Facility's
System requires an uninterrupted supply of water that would be adversely affected
by routine maintenance or other activities involving the backflow prevention
assembly. The Facility Owner shall be responsible for installing or requesting a
parallel backflow prevention assembly. In such instances, two (2) approved
backflow prevention assemblies of the same manufacturer, size and model
numbers shall be installed.
(5) A minimum side distance of one and one-half (1.5) feet from any and alL
fixed aperture, or landscaping. Backflow devices must be left accessible to
Countv employees at all times, this mav pose or present a violation of health,
safety, and welfare. An entry wav of at least three (3) feet in width must be
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maintained by property owner. Dangerous and/or dense underbrush will be
trimmed to a "margin of safety" bv County emplovees and a charge determined
bv the County will be billed to propertv owner.
B. Existing facilities only.
(1) Residential (Single Family). If an actual hazard as defined in this Ordinance
poses a threat to the County Public Water System, an approved backflow prevention
assembly shall be installed.
(2) Other facilities. These facilities include, but are not limited to commercial,
industrial, and multi-family residential facilities. Where actual or potential hazards
are identified, an approved backflow prevention assembly shall be installed. In some
instances, it may be difficult or impossible to accurately determine such a facility's
Cross-Connection status because plumbing plans of the facility's potable water
system are non-existent, unreliable or unobtainable. In some instances where a
Cross-Connection survey is not feasible, an Air Gap Separation or reduced pressure
d8'iiee assembly shall be installed based upon the degree of hazard.
C. Installation requirements.
1. All installations shall be consistent with the Department's administrative and
operational procedures.
a. All approved backflow prevention assemblies shall be installed above
final finished grade, unless otherwise approved bv the Department, and shall be
consistent with the Department's administrative operational procedures.
a,b. All approved backflow prevention assemblies for commercial, industrial
and multi-family facilities shall be installed above final finished grade, unless
otherwise approved by the Department.
lr.c. Residential double check Backflow assemblies may be installed below
grade in an enclosure specified or acceptable to the Department.
&.d. Residential Reduced Pressure assemblies shall be installed above final
finished grade.
~.2.Backflow prevention assemblies shall not be installed above final finished grade
in any type of vault, unless such vault is constructed to allow at least thirty percent (30%)
of its sidewalls to be open or ventilated at the grade level. These openings or vents shall
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be unobstructed and of such size to permit any vented water to freely pass through the
openings to the outside.
4ol.Backflow prevention assemblies shall not be installed in any position other than
horizontal, unless the assembly has received approval for such installation by the
assembly's manufacturer and the FCCC.
~.Backflow prevention assemblies shall be installed in outside locations as part of
the Department's Service Connection and shall be protected from possible damage
caused by normal traffic.
6-o2,All backflow prevention assemblies shall be a minimum of twelve (12) inches
above final finished grade (or pad) to a maximum of thirty (30) inches, as measured
from the lowest point of the assembly,; liftS a minimllm side distanee of three feet
fr{)m an)' wall, fixed aj'lertllfe or lansseaj'liflg.
+.6.All backflow prevention assembly installations shall be preceded by a wye
strainer (~3/4" to 2") or top access strainer (2 112" to 10") and an appropriate shut-
off valve to facilitate cleaning and inspection of the strainer. All assemblies and
strainers serving fire protection systems shall be approved for such service. In
addition, all assemblies shall be supplied with ammonia resistant silicone discs or a
Department approved equal.
&-'7. Installers of backflow prevention assemblies may test and certify the backflow
prevention assembly they have installed. However, all such tests and certification
reports shall be completed only by a technician with the appropriate certification from
the County's approved list.
SECTION SEVEN: Amendment to SECTION NINE of Collier County Ordinance No. 97-
33, codified as Sections 134-129 of the Collier County Code of Laws and Ordinances
follows:
SECTION NINE: SERVICE AND REPORTING.
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(f) Cross-Connection survey reports.
(1) New facilities. The owner of a new facility shall submit a Cross-Connection survey
report for the facility to the Department prior to occupancy and Service Connection
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activation. The report shall be submitted for the facility using the Department's approved
forms. Survey reports shall include the survey inspector's or engineer's recommended
backflow prevention assembly for the degree of hazard created by the facility. Survey
reports for other than single-family residences shall be completed by a certified Cross-
Connection control survey inspector or engineer and shall contain that inspector's name
and certification number on each page or the engineer's seal and number. Any such
reports submitted to the Department without this information shall be deemed
unacceptable and shall not be reviewed. For single-family residences, the survey report
may be filled out by the Facility Owner using the Department's approved self-evaluation
forms.
(2) Existing faei!ities. The DepartmeHl shall seea notifieation to the ewners of e~(isting
facilities where Cr-ess ConneetionG are SlIsfleetea. Facility OWRBfS shall, Ilflon
notifieatien ami within 90 days sllBmit a Cress Conneetion mlfyey report fur the faeility
to the Department. The Cross Conneetion s!lrvey report shall have Been eOlHflletea BY a
eertified Cress Cennectien eentrol GlIf'/ey insfleetor from the Department's .^.flflre','ea List
or an engineer ana shall coRtain the insflector's name ana certifieation nlfflHler or
engineer's seal on saeh page. .'..BY Sllf\'OY repert mwmitted to the DSfl_t...eHl fur revis'....
withollt this information shall Be deemed llnaeeeptallle ana shall not Be re','iewea. for
single family resid8Hees, the survey report may Be fillea Ollt BY the OWRer !Ising the
DepartmeHl's apflre...ea self e'/alllation forms.
f.B ill Reclaimed Water connections All properties served by Reclaimed Water shall be
surveyed at intervals, acceptable to the Department of Environmental Protection, but no
less than every three years as to changes, additions or deletions in the customer plumbing
system. All property surveys found to have the potential to create a Cross-Connection
shall undergo further review up to and including site visits by the County to investigate
potential hazards.
~ ill Survey report review and approval. After the Department has received and
reviewed the Cross-Connection survey report for a proposed facility or use, the
Department may take the following action:
a. The Department may accept the Cross-Connection survey report as written.
b. The Department may reject the Cross-Connection survey report as written
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c. The Department may request additional information before accepting or
rejecting the report.
d. The Department may require a meeting with the Facility Owner's designated
agent, certified Cross-Connection control survey inspector, engineer or all such
entities or individuals involved before acting upon the report as submitted.
(4) Department acceptance of Cross-Connection survey report. Upon acceptance and
approval of the Cross-Connection survey report, the Department shall issue a notice of
acceptance. Once a backflow prevention assembly has been approved by the Department,
no changes or alterations shall be made without the approval of the Department.
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SECTION EIGHT: Amendment to SECTION TEN of Collier County Ordinance No. 97-
33, codified as Sections 134-130 of the Collier County Code of Laws and Ordinances
follows:
SECTION TEN: TECHNICAL IMPLEMENTATION.
In order to provide protection to the County's Public Water System from Contamination
and a high level of customer service and program quality at a reasonable and economical cost to
the customers or consumers of the Collier County Water-Sewer District and Goodland Water
District, all backflow prevention assemblies installed for the purposes of complying with this
Ordinance shall be owned by the County. fJI Faeility Owners that also own existing Baekf1B'lI
pre'"eHlion assemblies, tHat are saej eet to this OrEiinaHee, may dedieate and eenvey those
assemBlies to the CelHlty fer o'.vnershipllfta maiHlenanee within 120 days from adofltien of this
Orainanee. Any assemblies not dedicated and conveyed to the County ',vithin that 129 flay
j'lefiOO shall remain in private ownership unless the conveyance is approved by the County. In
cases where ownership of a backflow prevention assembly remains with the Facility Owner, the
Facility Owner shall be responsible for complying with all maintenance and other requirements
of this Ordinance. The technical and administrative requirements of this Ordinance shall be
implemented as follows.
A Program Administration. It shall be the responsibility of the Department to
administer, coordinate, monitor and track the technical implementation and ongoing
requirements of the Ordinance for compliance
B. New installations.
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I. Backflow prevention assemblies for ~ 3/4" through 2" meters shall, if
identified as necessary at the time of service application, be installed by the
Department or the County's contract agent as part of and at the time of the
installation of the County's Service Connection.
2.. Backflow prevention assemblies for meters greater than 2" size shall be
installed as part or the Service Connection for new construction by a plumbing or
underground contractor retained by the Facility Owner. All such backflow
prevention assemblies shall be conveyed to the County for ownership in
accordance with the Collier County Utility Standards and Procedures Ordinance,
Ordinance No. 9+++ 2004-31, any amendments or successors thereto, and the
Department's administrative and operational procedures.
C. Retl'Ofits.
I. BaekfloVl preveHlion assemBlies where the meter is Between 5/8 ineh through
!\vo inehes shall Be owned BY the COllllty ana installed BY the Depar'..ment or the
COlHlty's eontraet ageHl as a part sf the DSflartmeHl's meter ehlffige oet program or
""fleR the degree of hazard so warrants, the DSflaFlffient's maintenanee staff or
CollHly's eefllFaet agllflt.
2. BaeldIov; prevention assemBlies ','/here the meter is greater than !\vo inefles
shall Be ownea by the COllHty ana iastallea BY the Department or the CseRty's
eontraet ageHl.
C. Repairs.
1. Repairs of backflow prevention assemblies where the meter is ~ 3/4"
through 2" shall be performed by the Department or the County's contract agent.
2. Repairs of backflow prevention assemblies where the meter is greater than 2"
shall be performed by the Department or the County's contract agent.
SECTION NINE: Amendment to SECTION ELEVEN of Collier County Ordinance No.
97-33, codified as Sections 134-131 of the Collier County Code of Laws and Ordinances
follows:
SECTION ELEVEN: PROGR:\M fUNDJ}!G.
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(a) New illsffilkltians. 'Nithin 120 aWlS lFGm the adefltien of this Orsinanee, the CGuHly shall
adept by ordinance a fee, eharge (Jf rate to eoyer the COllnty's antieipates eost to provide fer
Deflartment serliees lIHser this Ordinance. New ellGtemers of the Collier COHnty Water Sevier
Distriet aHd Geedland Water District, i.e., Faeility OWllers, shall be reSflollsible fer payment of
this fee, eharge er rate, if applieaele, at the time and in eonjllnetion "'lith the payment of
aj'lplicaele ilHflaet and meter taj'lping fees or within 30 says after service is rendered.
(b) Re1Fefits [existing). .\11 aetiye S61"viee Conneetions that have e)(isting hazams as of 12Q
days from the aseptien of this Ordinance shall be eonsideres e~dsting retTGtits fer plffjleses of
pre gram fllflding Hader this Ordinanee. The COllHly's retrefit program fer eldsting Serviee
Cenneetions shall be fllnses thr-eHgH existing and future .....ater Hser fees.
(e) Retfflfits (lie'...). County S61'viee Conneetiens reqlliring a baekflow preyention assembly that
beeomes aeti'/e er ereate a new hazard more than 120 says after the aaefltion of this Ordinanee
shall be eellsisered Hew retr-etits for pHfJleses ef program funsing ander this Ordinanee. The
CellHty shall estal3lish eH an anHIlalbaGis a eharge to eoyer the eest of this eategory of retrofits
bases on a eOlHfletiti'le bis preeess er the CelHlly's eest. ClIstemers, i.e., faeility OW'Il8fS, in this
eategory shall be assesses this eharge te ee'/er the CellHty's installatien eosts.
(d) Repairs. The CeHnty's repair ans maiHlenanee pr-egram on all CeHllty owned baekflew
prevention assemblies shall be funded thrOllgH existing and future water Hser fees.
(e) Rapkleement. The COllflty's baek.€1ew prevelltien assembly replaeemeHl pregram for
assemblies ownes by the CollHly shall be fllHses threllgH existing and future 'lIater lIser fees.
(f) Testing. The CeHnty's amlllal and miseellaneoas testing program on Coanty ewnes
baekflow pre'leHlion assemblies shall be fHnded tHrOllgh existing and futllre '.yater lIser f-ees.
SECTION TEN: Amendment to SECTION THIRTEEN of Collier County Ordinance No.
97-33, codified as Sections 134-133 of the Collier County Code of Laws and Ordinances
follows:
SECTION THIRTEEN: PENALTIES.
ill} Any person who violates any provision of this Ordinance, or amendments thereto,
shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the
County may bring suit for damages for any violation of this Ordinance and amendments thereto,
and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this
Ordinance and amendments thereto.
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(b) All penalty provisions in Section 1-6 of the County's Code of Laws and Ordinances
apply to this Ordinance except the $500 fine limitation in subsection "c" therein. Fines
applicable to any violation(s) of this Ordinance shall be determined bv the then existing rules of
the respective enforcement forum.
(c) Any violation of this Ordinance can be referred for enforcement bv Collier County
Code Enforcement officer(s). in which event the provisions of Section 2-2044 of the County'S
Code of Laws and Ordinances shall applv.
(d) Any violation(s) of this Ordinance may be referred for enforcement to a Code
Enforcement Board, Special Magistrate, or Nuisance Abatement Bboard, in which event the
provisions of Section 2-2030 of the Countv's Code of Laws and Ordinances shall apply.
(e) No individual shall be subiect to imprisonment for violating any provision of this
Ordinance except as may be imposed by the court for contempt.
(f) If it is determined by the Public Utility Administrator that (i) an emergency without
notice to the owner, or (ii) after reasonable notice from staff to correct a correctable violation of
this Ordinance was not promptly and completelv corrected by the owner, whereby County staff
(and/or a contractor contracted bv the County) was required to correct. abate. cure or otherwise
serve any hazard and/or Contamination; make any repair. replacement and/or other improvement
to any privately owned assembly or part thereof, and/or any connection. physical arrangement or
facility (as such term is defined in this Ordinance). then pursuant to any applicable Florida law,
including Section 153.67, Florida Statutes, and/or Special Act Chapter 2003-353, Laws of
Florida. including Section 10 and/or Section 22 therein. shall impose a lien (for such services)
upon anv parcel of property (land) affected thereby, including all costs, expenses, interests
thereon, and, as applicable, reasonable attorney's fees and all other costs of collection as
applicable.
(g) All other enforcement provisions in Chapter 2003-353, Laws of Florida. also applv to
violations of this Ordinance.
SECTION ELEVEN: CONFLICT AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase,
sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any
15
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this Ordinance. In the event this Ordinance conflicts with any other ordinance of Collier County
or other applicable law, the most restrictive shall apply. If any phrase or portion of this Article is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions.
SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance may be changed to "section" "article", or any
other appropriate word.
SECTION THIRTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this J.lf/.'J.., day of ~ .. , 2008.
ATTEST:. ;1)., .
DWf~ E. g~K, CLERK .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~"
f".,
.~
By:
',.,
\j'^R~~~
Jennifer A Bel e '0
Assistant County ttomey
16
This ordinance filed with the
Secretory of Stote's Office the
~ day of ,}"n<' ,1B>8
and ocknowledgement of thot
filing received this l#.. .,joy
of Ju\i ,~. ~
eT.41' J j JJ (f.
04putv k
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-32
Which was adopted by the Board of County Commissioners
on the 24th day of June, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 2008.
DWIGHT E, BROCK
Clerk of Courts and Clerk
Ex-officio to B.C\i1ll!',tt:(i):t
",. '. " ' ' ..'
County Commis~ioners
.'
,,'.
,"
By: Martha
Deputy
: ~