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Ordinance 98-037 ORDINANCE NO. 98 - 37 THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE; PROVIDING TITLE AND CITATION; PROVIDING FINDINGS, INTENT AND DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIMED WATER SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZING THE COUNTY'S AUTHORITY TO ESTABLISH RATE, FEES AND CHARGES; PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE INTERRUPTIONS AND SERVlCE APPLICATION REQUIREMENTS; METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTION CONTROL AND CONSTRUCTION SPEC1FICATONS; PROVIDING FOR MAINTENANCE BY CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL INJECTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY OWNERSHIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY AND INDEMNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR PERMITS; REQUIRING THAT EACH CUSTOMER CONSTRUCT ON-SITE SYSTEM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the encouragement and promotion of water conservation and reuse of reclaimed water are state objectives pursuant to Section 403.064 of the Florida Statutes; and WHEREAS, local governments may and are encouraged to implement programs for the reuse of reClaimed water and allocate costs in a reasonable manner pursuant to Section 403.064 o,f the Florida Statutes; and WHEREAS, potable water is a valuable resource which should be conserved particularly in coastal areas such as Collier County; and .WHEREAS, reclaimed water as defined by Florida Administrative Code, Rule 62-610.460 is a valuable water resource which can safely be used for irrigation and other non-potable purposes thereby substantially contributing to the conservation of potable water; and WHEREAS, Collier County has decided to establish and construct a reclaimed water system which will make reuse water available in certain areas of the County for irrigation purposes and other approved non-potable uses; and WHEREAS, it is the desire of the Board of County Commissioners to establish policies, procedures and conditions regarding the use of the reuse water system. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that; i~: TITLE AND CITATION. r--_ co This ordinance shall be known as and may be cited as "The Collier County Reclaimed Water System Ordinance." .. ::~'2'i~i~.~L~, ~-:: "' " :; ;:"" ' "' ' "'<"~:' {~. 5 ca, >.' ,* .":.'3. · ,.~ ~ .; -. 4..,, ... i~?~J~L~LQ: FINDINGS. The Board of County Commissioners hereby makes the follow~ng findings: A. That Florida Administrative Code, Rule 62-610.491(C) requires that all rouse water systems establish a Rcuse Ordinance to detect and prevent occurrences that may bc dctrimcntal to the rcusc system or to the environment. B. That the Collier County Water-Sewer District reclaimed water systctn meets the cdtcda or a Slow Rate Land Application System with public access as defined by Florida Administrative Code, Rule 62-610.450. C. That the establishment and maintenance of a reclaimed water system ordinance is a condition of the County's wastewater openting permits issued by the Florida Department of Environmental Protection to the Collier County Water-Sewer District. D. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. i~: INTENT. It is the intent of the County to make reclaimed water available for irrigation and other authorized uses in certain areas of the County where the Board of County Commissioners determines that the construction of a reclaimed water distribution system is desired or requested by customers and that application is practical and economical. The reclaimed water distribution system shall be constructed to provide service to designated areas ars determined by the Wastewater Master Plan and as approved by the Board of County Commissioners. i~: DEFINITIONS. For purposes of this Ordinance, the definitions contained in this R~.'tion shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary. ~ shall mean a mechanical ~sembly that has been approved to prevent backflow and back-siphonage to the County's potable water system as now defined in County Ordinance No. 97-33. ug.0_g. RlX shall mean Collier County, a political subdivision of the State of Florida, and where the context requires or warrants, shall be limited to the Collier County Water- Sewer District. ~ shall mean any physical connection or an'angement either directly or indirectly which would allow the movement of fluids between the County's public water system and any other piping system such as the County's reus~ water system. Cu,tomer shall mean a homeowners association, condominium association or other association with legal authority to make binding determinations on behalf of the Association, its members, its unit owners, or the shareholders of such association, or an owner of developed property. ~ shall mean those conduits designed to be used, or actually used to supply reuse water to service lines from transmission mains. Division shall mean the Collier County Public Works Division. (also referred to as Administrator) shall mean the individual responsible for the activities of the County Public Works Division. Reuse shall mean the deliberate application or usage of reclaimed water. ~ shall mean the rate in dollars and cents established by Ordinance by the Board of County Commissioners. ~ shall mean wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, as secondary treatment and high level disinfection prior to entering the reclaimed water system. ~ shall mean those conduits designed to be used, or aa'ually used to supply reuse water from a reclamation facility to distribution mains. ~lr~tor shall mean the individual rtsponsible for the technical and oigrational activities of the County Wastewater Department. ~lIfLPJ/IfI.gX shall mean the individual responsible for the technical and operation activities of the County Water Department. 5aF;~;ZIIOj~LE]~: AVAILABILIYY OF SERVICE. The term "available" means that an operational reclaimed water distribution main is located within two hundred (200) feet of the property to be serviced or, in the alternative, that it is cost effective for the County to extend a reclaimed water distribution main to within two hundred (200) feet of the subject property. Availability and cost effectiveness shall be determined by the Wastewater Director. 5F..CII_O_E_5.~: CONNECTION TO SYSTEM. G~eral: Customers in designated service areas may connect to the reclaimed water system when service is available and upon approval of a properly submitted application, and compliance with all County requirements and Florida Administrative Code, Rule 62-610, as amended. Connection to the system is volunta.,'y. When service is available, all customers that connect to the reclaimed water system will be charged the monthly reclaimed water rate that has been established by Ordinance. ' : Above ground hose bibb connect/ova shall not be present. Any hose bibb {spigot or other hand operated connection) shall comply with Florida Administrative Code, Rule 62-610.469(2), as mended, and be inspected and authorized by the County Public Works Division. ~ZrJD. E_SEY. E~: AUTHORITY TO ADOPT RATES, FEES AND CHARGES. The Board of County Commissioners may by Resolution establish rates, fees and charges for the reclaimed water system and to provide terms and conditions for the payment and collection of same. Pursuant to the authority of section 403.064, Florida Statute. s, the County shall have the power to allocate the costs of the reclaimed water system in a reasonable manner and to recover all or a portion of such costs in the rates established. 5FX31Q~ffJft]iX: DISCONYINUING SERVICE BY COUNTY. The County may discontinue reclaimed water service to any customer due to violation of any provision of this ordinance, County regulations, non-compliance with Florida Administrative Code, Rule 62-610, non-payment of bills, for tampering with any service, for cross-connection with any other water source, or for any reason that may be detrimental to the system or to the environment. The County has the right to cease service until the condition is corrected and all costs due to the County have been paid. These costs may include past due bills and penalties. connection charges, payment for any damage caused to the system, together with any charges established on the basis of the expenses incurred in the disconnection and restoration of service, which shall be non-discriminatory in its application. Should discontinued service be turned on without authorization, the Division shall remove the service and make such additional charges as are established by resolution or Ordinance, or as incurred. ~T~Y. JD.]~L~[]~: SERVICE INTERRUPTION. A. The County may temporarily discontinue service to any portion of or the entire reclaimed water system as deemed necessary by the Administrator or designee, or as required by the Florida Department of Environmental Protection Regulations, as amended. B. During ctry weather events, the rouse water demand may exceed the County's Reclaimed Water Facilities capabilities. During these events, all reclaimed water customers shall receive an equal percentage (%) of the agreed upon allounent. The Administrator or dcsigne¢ shall determine the actual percentage. i~: SERVICE APPLICATION REQUIREMENTS. A. No connection to the County reclaimed water system shall be permitted without an executed written rouse agreement or application for that service. B. Approval from the Florida Department of Environmental Protection shall precede any connection to the reclaimed water system. C. The application form shall provide that the customer consents to the enuy by the County upon the property described in said application, for the purpose of conducting all inspections permitted or required by the Ordinance, and waiving all rights to receive further notice fi'om the County of inspections conducted pursuant to this Ordinance, and indemnifies the County, its agents and employees from all claims, damages, judgments and expenses (including attorncy fees) incurred by the County as a direct result of the use or discharge of reclaimed water by the customer in violation of any of the terms of this Ordinance or applicable laws, rules on regulations. D. The County shall inspect each property prior to connection to the reclaimed water system. The inspection will include, but not be limited to, the following: 1) A review of the information in the completed application for service form. 2) Arcvicwofallapplicablcconstructionspecifications. 3) A cross-connection review. 4) Such other matters, as the Administrator deems applicable. E. No connection shall be permitted until the customer has an approved backflow protection device on the potable connection and the device complies with County Ordinance No. 97-33, as amended or supersede& F. All appurtenances and connections to the reclaimed water system shall be inspected by the Division prior to the use of reclaimed water. SECTION ELEVEN: METER REQUIREMENTS. Reclaimed w~ter shall be supplied only through metered connections. The developer shall determine the size and type required for each service and shall submit verifying data to the Division. All meters two inches (2'5 in size and smaller shall be installed by the County. All meters larger than two inches (2") in size shall be installed by the developer after such installation is approved by the County. SECTION TWELVE: CROSS-CONNECTION CONTROL e A. on all properties where reclaimed water service is provided, the public or private water supply shall be protected by an approved backflow protection device as specified in County Ordinance No. 97-33. No eross-.connection shall be permitted. All backflow protection devices and material installed for eross-cotmection control shall be approved by the County Water Director, as mended or superseded. B. To determine the presence of any potential hazards to the potable water system, the County shall have the right to enter upon the premises of any customer receiving reclaimed water. C. In the event a cross-connection is found on the property being provided reclaimed water service, the Public Works Division shall have the authority to immediately and summarily discontinue reclaimed water service to said property without any notice. Before resuming service, the customer shall make such corrections as may be required by the Administrator and have the service re-inspected to ensure compliance with County Ordinance No. 97-33, as mended or superseded. SECT1ON TBIRTEEN: CONSTRUCTION SPECIFICATIONS. All reuse water connections shall meet the following specifications: A. Prior to counection, all requirements of Florida Administrative Code, Rule 62-610, as then amended, shall be met B. All reclaimed water service assemblies and appurtenances shall be a minimum of twelve inches (12") above final finished grade (or pad) to a maximum of thirty inches (30") as measured from the lowest point of the assembly and a minimum side distance of three feet (3 ') from any wall, fixed aperture, or landscaping. C. Reclaimed water assemblies shall not be installed above final finished grade in any type of vault unless such vault is constructed to allow at least thirty percent (30%) of its side walls to be open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size as to permit any water to freely pass through the openings to the outside. D. Fire hydrants shall not be installed on mains constructed within the County. E. All pipes shall comply with County Utility Standards Ordinance No. 97-17, as amended or superseded, and shall be the color of Pantone Purple 522C and be marked with metallic tape that reads "Reclaimed Water". F. All improvements shall require a construction permit and shall be constructed by a licensed contractor. O. Three (3) sets of plans and specifications shall be submitted with the permit application. H. Mains shall be a minimum four inches (4") in diameter. I. Service lines shall be as required by the property serviced, but shall in no case be less that one inch (1") in diameter. Sizes of grvice lines required by the applicant are subject to approval by the Water Dir~ztor. J. Mains in the public right-of way shall be located at uniform distance from the curb with locations and separation distances per Division construction ~pccifications and Florida Department of Environmental Protection, Rule 62-610, as then mended. K. If reclaimed water mains are to be conveyed to the County, the customer shall submit such doemenu as are normally required for the dedication of public facilities as specified in County Ordinance No. 97-17, as mended or superseded. SECTION FOURTEEN: MAINTENANCE BY CUSTOMER, The proptRy owner and/or customer shall be responsible for the maintenance of all irrigation lines and appurtenances on their property beyond point of delivery. The County may disconnect the service to any property in the event any part of the irrigation system and appurtenances are not being maintained as required by Ordinance. In addition, should the customer require reclaimed water at different pressures, diffefec, t quality, or in any way different from that which is nonally supplied by the County, they shall be responsible for the necessary devices for making these adjustments and obtaining approval from the Public Works Division. SECTION FIEtEEN: COUNTY MAINTENANCE. A. All facilities that have been accepted by the County shall thereby become the property of the County and will be OpeTated and maintained by the County. No person shall perform any,work, nor be reimbursed for any work on the system, without written authorization from the Public Works Division prior to the work being commenced. B. The County shall make every effort to inspect and keep its facilities in good repair, but assumes no liability for any damage caused by the system that is beyond the control of normal maintenance, or due to situations not previously retx~rted to the Public Works Division. These situations shall include, but are not limited to, clamage due to the breakage of pipes, poor water quality due to unauthorized or illegal in~'oduction of foreign material into the system, or other reasons. SECTION $|XTEEN: CIIEMICAL INJECTIONS PROHIBITED. All service connections are prohibited from adding chemicals to the irrigation system after being connected to the reclaimed water system. Any users wishing to add chemicals upstream of the point of delivery to the irrigation system shall prior thereto be required to install an approved backflow protection device on the reclaimed water service connection. SECTION SEVENTEEN: PUBLIC EASEMENT. No facilities will be installed and accepted by the County for maintenance unless the facilities are in a dedicated public right-of-way or County utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of all reclaimed water system components. No obstruction of any kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without prior written authorization for same from the Public Works Administrator. · 7,,~: OWNERSHIP BY COUNTY. All reclaimed water facilities and appurtenances within dedicated County utility easement, when constructed or accepted by the County, shall thereby become the property of the County. No person shall, by payment of any charges provided heroin or by causing any construction of facilities accepted by the County, acquire any intercst or fight in any of these facilities or in any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this Ordinance, as amended or superseded. O T : INSPECTIONS. A. In order to ascertain and insure compliance with the provisions of this Ordinance and all regulations relating to reclaimed water, the County shall have the right to inspect, secure and disconnect all facilities and devices wherever located which connect to or control any discharge from the reclaimed water distribution system. B. The denial of access to an authorized agent or employee of the County to any property receiving reclaimed water for the purpose of conducting any inspection permitted under this ordinance shall constitute a violation of this ordinance and shall be grounds for the immediate discontinuance of reclaimed water grvlce by the County to the subject property. A. The County shall not be liable for any damages caused by the use of reclaimed water provided the reclaimed water has been treated by the departmant to the levels required by, applicable federal, state and local laws and regulations for irrigation of lands with public access. B. The County shall not be liable for any damages caused by a failure to deliver or supply reclaimed water. ~: EASEMENT DEDICATIONS. This applicant shall dedicate land or perpetual easements on !and for reclaimed water transmission and distribution facilities as required to provide the reclaimed water service. ~&,L~AD3LI~e~e.~EY~: PERMITS. The applicant shall obtain and fulfill at its expense all the necessary permits, licenses, conditions and approvals for the initial conslruction and operation of the on-site reclaimed water irrigation facilities. E I TWE E: CUSTOMER'S ON-SITE REUSE SYSTEM. The applicant shall, at its expense, construct all necessary on-site rouse facilities such as pipes, storage facilities, and spray or sprinkler facilities for the rouse of reclaimed water. The applicant shall, at its expense, construct all necessary transmission mains, re- pump stations and appurtenant improvements for transmitting reclaimed water from the County transmission system to the applicant's site. ~: CONFLICT AND SEVERIBILITY, In the event this Ordinance conflict~ with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any wztion, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any cotat of competent jurisdiction, such portion ~all be deeaxed a ~-.parate, distinct, and independent provision and such holding shall not affect the validity of the remaining portio~ of this ordinance. ~: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this ordinance shall become and be made part ofthe Cede of Laws and Ordinances of Collier County, Flodch. 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. ~: EFFECTIVE DATE. This Ordinance shall become effective upon r~ceipt of notlce that this Ordinance has been filed with the Secretary of State and adoption of a Resolution setting forth the rates, fees, or charges for services. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collie~ County, Florida, this ,~day of.~ 1998. DwiSht E. Brock, Clerk EX-OFFICIO Tim aOV~rCNTNa tl.0~.~;.'~:~-~,~ .-: ..:. %, ".'~.,~:';,;'.,,,,", ...:. · Approved Its to fore and and ack,nowl~t f that legal sufficiency: filin t cived this day Assistant 0ounty AtWrncy .-,-. ST/kTg OF FLORID/k) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-37 Which was adopted by the Board of County Commissioners on the 12th day of May, 1998, during Regular Session. WITNESS ray hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 1998. DWIGHT E. BROCK '-,..0 ', .