DSAC Agenda 02/06/2013 2013 Development
Services Advisory
Committee
Agenda
February 6 , 2013
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
February 6, 2013
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts
the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and
hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the
Chairman, and speak into a microphone. State your name and affiliation before commenting. During
discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room
to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules
of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the
Hearing Reporter can record all statements being made.
I. Call to Order - Chairman
II. Approval of Agenda
III. Approval of Minutes from January 9, 2013
IV. Public Speakers
V. Staff Announcements /Updates
A. Public Utilities Division Update —[Nathan Beals or Tom Chmelik]
B. Fire Review Update — [Ed Riley]
C. Growth Management Division/Transportation Engineering /Planning — [Jay Ahmad or Reed Jarvi]
D. Growth Management Division /Planning & Regulation Update — [Jamie French]
VI. New Business
A. Irrigation Quality (IQ) Water Program changes [Joe Bellone, Peter Lund and Danette Kinaszczuk]
B. Proposed changes to the Uniform Billing Ordinance [Joe Bellone]
VII. Old Business
A. Update on the Lot Coverage LDC amendment [Jack McKenna, Alison Bradford, Caroline Cilek]
B. Update on Code Enforcement department to be added to the DSAC meetings [Bill Varian]
VIII. Committee Member Comments
IX. Adjourn
Next Meetina Dates
March 6, 2013
GMD Conference Room 610 — 3:00 pm
April 3, 2013
GMD Conference Room 610 — 3:00 pm
May 1, 2013
GMD Conference Room 610 — 3:00 pm
June 5, 2013
GMD Conference Room 610 — 3:00 pm
January 9, 2013
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, January 9, 2013
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee in and for the County of Collier, having conducted business herein, met on
this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth
Management Division Building, Conference Room #609/610, 2800 N. Horseshoe
Drive, Naples, Florida, with the following members present:
Chairman: William J. Varian
Vice Chairman: David Dunnavant
James E. Boughton
Clay Brooker
Dalas Disney
Marco Espinar
Blair Foley
Chris Mitchell
Mario Valle
Laura Spurgeon DeJohn
George H. Hermanson
Ron Waldrop
Stan Chrzanowski
Eleanor Taft
Absent: Robert Mulhere
ALSO PRESENT: Jamie French, Director, Operations & Regulatory Management
Judy Puig, Operations Analyst, Staff Liaison
Reed Jarvi, Manager, Transportation Planning
Nathan Beals, Project Manager, Public Utilities
Caroline Cilek, M.S., Senior Planner, LDC Coordinator
Jack McKenna, County Engineer
Joe Bellone, Interim Operations Director, Public Utilities
Tom Chmelik, Planning and Project Management, Public Utilities
Ed Riley, Fire Code Official
Claudine Auclair, Business Center Manager
January 9, 2013
I. Call to Order - Chairman
Chairman Varian called the meeting to order at 3:00pm
II. Approval of Agenda
Mr. Espinar moved to approve the Agenda. Second by Mr. Dunnavant. Carried unanimously
14-0.
III. Approval of Minutes from December 5, 2012 Meeting
Mr. Foley moved to approve the minutes of the December S, 2012 meeting as presented.
Second by Mr. Chrzanowski. Carried unanimously 14 - 0.
IV. Welcome New Committee Member — Eleanor Taft
Eleanor Taft was welcomed as a new member of the Committee.
V. Selection of Chair and Vice Chair
Mr. Brooker moved to nominate William Varian as Chairman of the Development Services
Advisory Committee. Second by Mr. Disney. Carried unanimously 14 — 0.
Mr. Disney moved to nominate David Dunnavant as Vice Chairman of the Development
Services Advisory Committee. Second by Mr. Mitchell. Carried unanimously 14 — 0.
VI. Public Speakers
None
VII. Staff Announcements/Updates
A. Public Utilities Division Update — [Nathan Beals]
Tom Chmelik, Planning and Project Management reported 97 meters were installed in
December with a total of 973 for calendar year 2012.
Joe Bellone, Interim Operations Director reported the Department is in the process of
proposing billing ordinance changes in order to benefit the consumer. He anticipates the
proposal will be available for review by the Committee at their February meeting.
B. Fire Review Update — [Ed Riley]
Ed Riley, Fire Code Official submitted the documents "Office of the Fire Code Official —
Summary of Plan Review Activity — November - 12 " and "Fire Plan Review — Time Frame
Summary - November —12 " for information purposes.
He reported there is a change underway whereas the Fire Code Office fees will be submitted
directly to them, as opposed to the County billing department. He anticipates the change will
occur in approximately 30 to 60 days.
C. Growth Management Division/Transportation Engineering — [Jay Ahmad]
Reed Jarvi was present and reported:
FA
January 9, 2013
• US 41 — Collier Blvd. east to Greenway Road — $55M allotted to the Draft FDOT
work program for widening to 6 lanes.
• Davis Boulevard/Collier Boulevard Improvement Project - continuing on schedule
with completion slated for December 2013.
• Corridor Protection Plan — no longer under consideration. The Long Range
Transportation Plan will be the document for notice to the public on proposed
projects and impacts on existing and future right of ways.
• Proposed 1 -75 interchange - Everglades Boulevard area — Postponed for 10 years.
• White St. bridge project -- a temporary bridge has been constructed at 23rd St. with an
anticipated completion slated for fall of 2013.
• Golden Gate Boulevard bridge project - under construction (Golden Gate Main Canal
followed by Miller Canal in the fall) with temporary bridge being constructed.
• Green Blvd — Fall 2013, widening to 6 lanes.
D. Growth Management Division/Planning & Regulation Update — [Jamie French]
Jamie French submitted the "December 2012 Monthly Statistics " which outlined building
plan review activities.
He noted:
• Given the recent increases in demands on the Department, Staff is studying the
feasibility of converting a number of job bankers to full time employees.
• The vendor is in the process of taking the necessary steps to address the Department's
format for permit application" correction letters" and will have an update in
approximately 10 days.
• He will work with Mr. Riley in providing the transition in billing receipts for the
application fees in reference to Fire Code Reviews.
VIII. New Business
A. FY 2013 Budget Overview [Jamie French/Ken Kovensky]
Jamie French and Ken Kovensky provided the Slideshow "Building /Land Development
Budget Presentation " — DSAC Meeting - 119113" which outlined the proposed budget for
FYI including comparisons to past years budgets.
B. Update on the Administrative Code LDR Subcommittee [Caroline Cilek]
Caroline Cilek reported the LDR Subcommittee will be meeting on January 24, 2013 to
begin review of the Administrative Code.
IX. Old Business
A. Update on the Lot Coverage LDC Amendment/LDR Subcommittee LDC Amendment
updates [Jack McKenna, Alison Bradford, Caroline Cilek]
Caroline Cilek and Jack McKenna reported the Subcommittee met on December 14, 2012
to review Section 6.05.02(F) of the Land Development Code (Stormwater
Retention/Detention Design for Single Family Dwelling Units, Two Family Dwelling Units
and Duplexes). They reported the Subcommittee discussed "less restrictive concepts" and
other possible changes for the section including:
• Lots adjacent to waterways be exempt from the requirements.
• The requirements are not realistic for larger Golden Gate Estate lots.
January 9, 2013
• Revise the table related to the Section.
Removing /revising the one time 1000 square foot exemption.
Defining swimming pools as impervious surfaces.
It is anticipated the revision may be processed as an interim provision with legal ramifications to
be addressed by the County Attorney's Office. The next meeting is anticipated be held the last
week of January.
X. Committee Member Comments
Chairman Varian reported there are 4 Ordinances in relation to the Development Services
Advisory Committee - Ordinance 93 -76, Ordinance 95- 60,Ordinance 2011 -55, Ordinance 2006 —
39.
Ordinance 93 -76 outlines the Functions, Powers and Duties of the Committee which includes
issues related to the Code Enforcement Division.
To date, the Committee has not addressed Code Enforcement issues. He sought direction on
how to proceed.
The Committee determined Staff should place an item on each monthly agenda whereby a
representative from the Code Enforcement Office will provide updates.
Chairman Varian reported he was provided the water consumption volumes (total consumption
volumes for unincorporated Collier Count for a 24 hour period) as requested at the previous
DSAC meeting for the following dates:
February 15, 2012 - 27.65M gallons
July 16, 2012 — 17.21M gallons
October 16, 2012 — 18.83M gallons
XI. Adjourn
Next Meeting Dates
February 6, 2013 GMD Conference Room 610 — 3:00 pm
March 6, 2013 GMD Conference Room 610 — 3:00 pm
April 3, 2013 GMD Conference Room 610 — 3:00 pm
There being no further business for the good of the County, the meeting was adjourned by the
order of the Chair at 4:33 PM.
COLLIER COUNTY DEVELOPMENT
SERVICES ADVISORY COMMITTEE
0
January 9, 2013
Chairman, William Varian
These Minutes were approved by the Board/Chairman on
as presented , or as amended
Office of the Fire Code Official
Summary of Plan Review Activity
December -12
Architectural Reviews
550
Sprinkler Reviews
38
Underground Reviews
3
Fuel & LP Gas Reviews
11
Hoods & FSUP Reviews
17
Alarm Reviews
74
SDP Reviews
69
Total # of Plans Reviewed
762
Number of Work Days 18
Average # of Plans Reviewed per Day 42
ASAP Reviews per Building Department: 2 Architectural
17 AC Change Outs
10 Low Voltage
17 Tents
Total # of ASAP Reviews *: 46
Total ASAP Review per Day 3
*Overtime Reviews are not included in this figure
Scheduled Meetings /Hours:
Ed:
27.00 Hrs.
Bob`
29.17 Hrs.
Jackie:
1.33 Hrs.
Ricco:
21.50 Hrs.
Maggie:
0.50 Hrs.
Total Overtime Hours for the Fire Code Office -
10
*Overtime Hours Reimbursed by Contractors
-
11 ( 5 Reviews)
Training Room Usage Summary
Meetings:
# of Hours
# of Participants
12/04/12 ENFD Firefighter Pension Plan
4.75
17
12/10/12 ENFD Board Mtg
4
40
In addition to the above - mentioned tasks, The Fire Code Official's Office fields
numerous phone calls, walk -ins, field inspections and impromptu meetings.
Office of the Fire Code Official
2700 N. Horseshoe Dr.
Naples, FL 34104
Fire Plan Review - Time Frame Summary
December -12
Number Number Average #of 1st %of 1st Percentages
of of Time in Reviews Reviews Within Time
Reviews Days Days Approved Approved Frames
Architectural Reviews
Total
650
2693
4.71
1st Review
421
2449
5.82
327
78%
91/10 Days
18 Day Max
2nd Review
99
115
1.16
97/3 Days
3rd Review
23
17
0.74
96/3 Days
4th Review
6
10
1.67
83/3 Days
5th Review
1
2
2.00
100/3 Days
Total 2-5 Reviews
129
144
1.12
96/3 Days
6 Day Max
Fire Sprinkler Reviews
Total
38
102
2.68
1st Review
26
87
3.35
17
65%
100/10 Days
10 Day Max
2nd Review
9
6
0.67
100/3 Days
3rd Review
3
9
3.00
67/3 Days
Total 2-3 Reviews
12
15
1.25
92/3 Days
8 Day Max
Underground Reviews
Total
3
14
4.67
1st Review
1
4
4.00
0
0%
100110 Days
4 Day Max
2nd Review
1
2
2.00
100/3 Days
3rd Review
1
8
8.00
0/3 Days
Total 23 Reviews
2
10
5.00
50/3 Days
8 Day Max
Fuel & LP Gas Reviews
11
21
1.91
Total
1st Review
7
17
2.43
2
29%
100/10 Days
4 Day Max
2nd Review
4
4
1.00
100/3 Days
Total 2nd Review
4
4
1.00
100/3 Days
1 Day Max
Hood & FSUP Reviews
17
46
2.71
Total
1st Review
12
38
3.17
9
75%
100/10 Days
9 Day Max
2nd Review
3
3
1.00
10013 Days
3rd Review
1
4
4.00
013 Days
4th Review
1
1
1.00
100/3 Days
Total 2-4 Reviews
5
8
1.60
80/3 Days
4 Day Max
Fire Alarm Reviews
Total
74
169
2.28
1st Review
48
149
3.10
28
58%
100/10 Days
6 Day Max
2nd Review
24
19
0.79
100/3 Days
3rd Review
2
1
0.50
100/3 Days
Total 2 -3 Reviews
26
20
0.77
100/3 Days
2 Day Max
Summaly
1st Review
515
2744
5.33
383
74%
93110 Days
Corrections
178
201
1.13
93/3 Days
Overall Totals
693
2945
4.25
OPoce of the Fire Code Official
2700 N. Horseshoe Dr.
Naples, FL 34104
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Patricia L. Moraan
From:
PuigJudy <1udyPuig @colliergov.net>
Sent:
Friday, January 25, 2013 2:52 PM
To:
Bill Varian (wjv1992 @aol.com); Blair Foley (Fols000 @aol.com); Chris Mitchell; Clay
Brooker (ccbrooker @napleslaw.com); Dalas Disney (dalasD @disneyarchitect.net); David
Dunnavant (ddunnavant @barroncollier.com); Eleanor Taft (etaft @taftlawnaples.com);
James Boughton oboughton @REVnaples.com); Laura Spurgeon Delohn
(Idejohn @johnsoneng.com); Marco Espinar (ma rcoe @ prodigy, net); Mario Valle
(mvalle @pbscontractors.com); Norman Gentry (normg @deangelisdiamond.com);
Robert Mulhere (BobMulhere @HMEng.com); Ron Waldrop
(ronw @waId rope ngi need ng.com); schrzanowski2 @comcast.net
Cc:
Bellone, Joseph
Subject:
DSAC items to review prior to the meeting
Attachments:
Ord 2001 -73 Amendment FAQs January 2013 Table Version.docx; 2013 Amendment to
ORD 2001 -73 January 2013.doc; Sub - divided properties.docx; DMO COMMENTS -
Blacklined Ordinance 98 -37 0107 13.pdf, DMO COMMENTS Blacklined IQ Water Policy
0102 13 (comments removed).pdf, DMO COMMENTS - Major User Agreement 0108
2013.pdf
Importance: High
Hi everyone,
Please see attached the following items that will be presented during the 2/6 DSAC meeting:
Agenda item VI. New Business (A):
1. Utility Billing & Cust. Service Amendment to Ordinance 2001 -73 FAQ's
2. Ordinance 2013- amending Ordinance 2001 -73
3. Sub - divided properties
Agenda item VI. New Business (B):
1. Black lined Ordinance 98 -37 as amended
2. Irrigation Quality (IQ) Water policy
3. Major User Agreement
Please review these, if you have any questions prior to the 2/6 meeting you may forward them to Joe Bellone
(Joseph Bel loneocol I iergov. net).
"Remember the Sunshine Laws; if responding do not reply or copy to all; send separate emails individually.
I will send the remaining read ahead's next Wednesday when I have everything finalized.
Thank you!
Utility Billing and Customer Service (UBCS)
Amendment to Ordinance 2001 -73
FAQs
January 2013
OBJECTIVE: To obtain approval for an amendment to Ordinance 2001 -73, the Collier County
Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to
provide clarifications, administrative changes, and codification of existing county ordinances.
Changes to business practices, ensuring that services are properly provided and billed, and issues
surrounding the health, safety, and welfare of citizens through tampering with District assets are
incorporated into the District's Billing, Operating, and regulatory Standards are the key reasons
for these amendments.
The changes are to be reviewed by the Development Services Advisory Committee (DSAC) on
February 6, 2013.
The sections below refer to the revised numbering in the amended version.
Item
Section
Amendment
1
Definitions
"Service Base Charge" to replace Service Availability Charge
This will also require changes in Appendix A Schedules 1, and
O
2.
Provides clearer terminology to describe the monthly meter size
related charge for the components to recover administration,
billing, and system operation and maintenance costs.
With this change bill presentation will be enhanced for
customers to see water base charge separated from water
consumption charges and sewer base charges separated from
sewer volume charges.
Of Florida utilities benchmarked, the majority utilize the term
base when referring to the standing monthly charge for
providing a service
2
1.1.D and
1.2.B
All separate references to Goodland Subdistrict have been removed in
accordance with Ordinance No. 2012 -43
•
3
1.2.C.
@
Distriet, all eourse bulk
golf and other feelaimed wa4er- sales of
effluent reelaiffied watef be billed in
shall sold and aeeefdafiee wirfml�
*mis- �wcicir
Page 1 of 5
Page 2 of 5
This paragraph removed as agreed with Danette Huff,
Reclaimed Water Manager, all rate /charge details for Irrigation
Quality (IQ) water to be included in Appendix A- Schedule 2
(previously Schedule 3)
4
1.3.A.
Inclusion of cross connection control devices
0
Cross Connection Control Devices are installed in association
with all potable water meters on a property, in accordance with
Ordinance No. 1997 -33 and 2008 -32, and remain the property
of the Collier County Water -Sewer District (CCWSD), and must
remain accessible at all times. These devices are to protect
health and safety to prevent cross connection into the public
water supply. At the time of the original ordinance these
devices were not a county standard. Billing charges relate to
these devices and must be included in the ordinance.
5
1.3.A.4.
Changes to installed meter size
O
Clarifications for processing property owner requests to upsize
or downsize their existing meter installation. Any meter
changes may also necessitate a change to the cross connection
control device.
6
1.3.13.1.
Temporary Meters
Clarifications regarding the provision of temporary and mobile
temporary meters. That for mobile temporary meters the
customer must agree to the requirements for providing meter
reads at the time of application.
7
1.3.17.
Pay plan arrangements
�M�:<
Clarification of Customer Payment Agreements for payment
plans - includes requirement that if payment not made in
accordance with the agreement then service may be terminated
8
1.3.H.
Refund of Credit Balances
Clarification that refunds will be made payable to the
individual or entity who made the monthly payment(s) during
the period for which the credit balance relates
9
4-34-.
Allowance for Funds Prudently Invested (AFPI) Fee — this has
no longer to be included as AFPI fees are no longer valid as
•
they expired on December 31, 2012.
AFPI Fees have been incorporated from Ordinance 2006 -27
where they were introduced although the rates, fees and
charges have been previously included as Appendix A Schedule
7 of Ordinance 2001 -73.
Page 2 of 5
Page 3 of 5
9
1.4.A.7.
Estoppels
10
Clarification that on transfer of ownership, the new property
owner is responsible for requesting Estoppels to identify any
outstanding balances on the utility account associated with the
property. This has been included to ensure that potential
owners understand that they need to establish the status of the
utility's account on property they plan to purchase.
11
1.4.A.8.
Tenants receiving duplicate bill
Inclusion of requirement for the District to be notified when
tenants who receive a duplicate bill vacate a property to ensure
that automated payments are stopped.
12
1 A.C.
Property Owner's Liability For Damage to Equipment
Enhanced language holding a property owner liable for
damage to CCWSD equipment to ensure that health and safety
risks are minimized
13
1A.F.1 -4
Dates Bills Due and Delinquent
� f4
Clarification of when service may be discontinued for non-
payment and clarification of the actions, including payments
required and penalties when service is discontinued for non-
payment and an illegal connection has been made
14
1.4.F.5.
Billing start
N1
Amend billing start for all services to when meter installed
,
1.4.17.6
Notification of additional dwelling units
a
/yam
•
This amendment adds the requirement to notify the District
when a property is sub divided into individual units with
individual folios that may be sold. When this occurs the
property owner will be responsible for District costs associated
with providing new services the properties. Multi unit
properties are generally serviced through master meters, when
these properties are sub - divided the District has no ability to
hold any one property owner to account unless each unit is
individually connected with a separate account.
[This is similar to the proposal in Section 2.10 below, but this is
for 1.4 District Regulation, not Submetering/
16
1.4.G
Billing Payment When Meter beeof es Dee etive Reads Not
Available
Clarification of monthly average volume calculations. Addition
of the District right to estimate bills based on average billings.
Page 3 of 5
Page 4 of 5
Situations may arise when meter reads are unavailable for
either technical or weather related reasons. At these times the
District needs to ensure that services continue to be billed to
maintain PUD operations and debt service.
7
1 A.K.
Exceptions To Connections
This section has been expanded to identify specific exceptions
to connection to the sewer collection facilities, and the
application of sewer base charges where an existing septic
facility is in good order — meeting Department of Health
standards — for a maximum period of S years or until
modifications or replacement are required; or the only District
facility is a force main — in this case sewer base charges will
not be applied; or where the costs of connection are deemed
unreasonable by the District — in this case sewer base charges
will not be applied.
5
1.4.M.
Discontinuance Of Water And Sewer Service
A new Section providing for discontinuance of water and sewer
service when all improvements and structures on a property
have been demolished and removed. This provision enables
property owners, who have a completed demolition permit, the
opportunity to have the water meter removed and have the
utilities account made inactive. Any subsequent development
would require tapping fees to be paid to reinstall services
dependent on ERC calculations.
19
1.4.0.
Failure To Maintain Plumbing System
,a
Clarification of the property owners responsibility with regards
to District assets installed on their property (this includes
within a utility easement)
1 A.R.
Separate Connections For Each Separate Unit.
[Conversion from individual connection to master meter]
When a community elects to have the District provide water
service through a single master meter, a formal written request
shall be submitted to the District. The District will provide
details of the approved administrative process and
requirements that must be met to effect the requested change.
Several communities have determined that monthly charges
would be reduced if they had a master meter, but this may not
take into consideration ongoing infrastructure repairs and
replacements.
21
2.9.
Requirement to install master meter for multiple rental units
and lots within a single parcel.
This is a new addition. The management of utilities accounts to
homes on rented lots within a single folio where all accounts
Page 4 of 5
r g
2.10.
need to be in the property owners name and where the property
owner requires tenants to be responsible for bill payments is an
unnecessary overhead responsibility for the District, and
requires the majority of tenants to pay the duplicate bill charge.
Connection to units /multi units and lots sold as individual folios
formerly served through a master meter
•
and /or addition
This is a new addition. Property owners have requested
Must change to provide
compliance
separate billing when they have sold units, which cannot be
provided without the provision of additional services. Also
tenants are unhappy and complain when property units are sold
and no one takes responsibility for the water /sewer services
bills and service is shut off.
A landlord who subdivides a lot, or sells multiple units as
individual properties, shall be responsible for ensuring that the
District is notified of the transaction(s). Separately metered
water service and, as appropriate, separate sewer services are
required to be provided to each new property. Otherwise a
controlling association must be established to be responsible
for payment of utility charges - collection of revenues from
individually owned properties served by a master meter is not
the responsibility of UBCS and is extremely difficult and time
consuming and removes the ability to lien the delinquent
property owner. [Same principle as Section 1.4 I. 6 above, but
specific to Sub - Metering]
Language also needs to be included in the Utility Standards
Manual.
We need the support of Growth Management to ensure that
planning and permitting identifies these situations arising and
informs PUD. It may require a companion LDC amendment.
1. Appendix A, Schedule 1, and 2 to change `availability' to "base ".
2. Appendix A, Schedule 2 — additional language to clarify the different reclaimed water
services.
OClarification
Operational improvement
and /or addition
®
Must change to provide
compliance
F777 7 771 Provide examples
Page 5 of 5
COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING,
OPERATING AND REGULATORY STANDARDS ORDINANCE
ORDINANCE NO. 201309-
AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS
AMENDED, KNOWN AS THE COLLIER COUNTY WATER -SEWER
DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY
STANDARDS ORDINANCE BY AMENDING: SECTION ONE, DISTRICT
RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO,
SUBMETERING, SECTION THREE, CITY OF NAPLES SERVICE AREA
BOUNDARIES AND APPLICABLE PROVISIONS; SECTION FOUR,
APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE,
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE
WHEREAS, the original Collier County Water -Sewer District, also known as the County
WHEREAS, Chapter 88 -499, Laws of Florida, reestablished the District and provided the
reestablished District succeeded to all rights duties, powers, jurisdictions, obligations, responsibilities
and interests of f i Bi d the District created under Chapter 153, Part II, Florida Statutes; and
WHEREAS, Chapter 88 -499, Laws of Florida and any modifications thereto have been
codified in the Code of Laws and Ordinances of Collier County, Florida as Sections 262 -631 through
262 -653; and
WHEREAS, Sections 262 -631 through 262 -653 of the Collier County Codification is included
in part and in whole, including any subsequent amendments thereto, as an attachment to the
Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- officio
governing Board of the District; and
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WHEREAS, uniform billing operating and regulatory standards, procedures and fee
schedules, are in the best interest of the District and its customers; and
WHEREAS, this Ordinance establishes uniform billing operating and regulatory
standards, procedures and fee schedules to promote the efficient administration of District
services; and
WHEREAS, Collier County has adopted several ordinances which apply to the provision of
utility services by the District and other private water and sewer utility systems; and
WHEREAS, this amendment is necessary to clarify existing processes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX- OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that:
SECTION ONE. District Rates, Fees, Charees and Regulations
1.1 Definitions.
Unless specifically provided otherwise these definitions shall apply to this Section.
A. "District" shall refer to the Collier County Water -Sewer District;,
B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average or
typical individually metered single - family residential connection. It is used as a factor to convert a
given average daily water or sewer wastewater requirement to the equivalent number of single - family
residential connections.
C. "
h a m4e stfuet„ «e that is di fA .e..♦ f e.., the majef Dist iet «„ +e stfu tufe. Renumber
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E. Irrigation Quality (IQ) Water shall mean alternative water resources other than
potable, available to the District and shall include: (a) reclaimed water - wastewater that has
received the treatment established by the currently defined per Florida Administrative Code,
Rule 62- 610.460, as wastewater that meets, at a minimum, secondary treatment and high -level
disinfection prior to entering holding ponds or the IQ Water System; (b) Supplemental Water
Supplies such as ground or surface water; or (c) Any combination thereof. IQ Water may also
be referred to as reuse water, effluent water, or reclaimed water.
F. Service Base Charge" shall mean a monthly charge per dwelling unit or equivalent
dwelling unit connection for residential and non - residential s accounts with no usage included.
The Service Base Charge includes components for administration billing, and meter size related
system maintenance costs.
G. "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on
the property, where potable water is used in connection with sanitary purposes from the potable water
system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals,
bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include
runoff water being allowed to enter the District Sanitary Sewer System.
H. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities
on the property where well water or potable water from a non - District water supply or where no water
(leachate) is used, in conformance with other Ordinances adopted by Collier County, , or applicable
State and Federal laws, rules or regulations.
A. "Equivalent Residential Genneefien" shall fnean three hundred and fifty (350) gallens of water- pe
day and is PA,e hundr-ed and My (250) gallens of sewer-age 4featment per- da�-
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I "Potable Water Use" en the Disifief's wale *° '
shall mean the sole utilization of ot�able water from the District
system through all fixtures and pipelines on the property except where a separately metered system is
available solely for outside irrigation. Any such irrigation shall require an approved cross connection
control ball device and a physical separation from the remaining potable water
system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks,
dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and
drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where
available, in conformance with other applicable sections of this Ordinance as well as other Ordinances
adopted by Collier County, or applicable State and Federal laws, rules or regulations.
1.2. Monthly Rates, Fees and Charges.
Monthly rates, fees and charges for water, sewer, or effluent irfiga 10 water, and fire meter
services (referred to as "utility service") provided by or made available by the District shall be
sufficient to recover system operation, maintenance, renewal,, enhancement, and replacement. -a*d debt
service and any pother costs or requirements of the Districteests and shall be proportionally distributed
among system users and customers receiving the benefits as follows:
A. Monthly user fees for the Collier County Water -Sewer District
Residential and non - residential properties within the respective water and sewer utility service
boundaries of the District shall pay the rates, fees and charges for service
provided by the Collier County Water Sewer District in accordance with Appendix A — Schedule 1.
B. Menthly user fees for the Geedland Water Subdistfiet-.
Renumber - also remove Appendix A
Schedule 2 and renumber schedules
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C. Monthly rates, User E€ees and charges for effluent if figatien IQ water service usage in
the District service area shall be in accordance with Appendix A — Schedule 3 2.
the Distfiet, all gelf eeufse and other- bulk reelaimed wmef sales ef effluent r-eelaimed water- shall be
seld and billed in aeeefdanee with this seetien.
D. Accounts and Bill Delivery Addresses
1. Accounts shall be established in the name of the property owner as shown on the
Property Appraiser's database or p -Public rRecords, such as may be recorded by the County Clerk of
Courts.
2. Monthly bills for utility service will be sent to the property owner at the address
requested in the service application.
3. Changes of address for billing purposes must be approved in writing and duly signed
by the property owner. Approval can be by letter, District change of address form, fax or by e -mail
scanned attachment.
4. Duplicate bills may be requested in writing and duly signed by the property owner by
letter, fax form /or by scanned attachment.
5. A duplicate bill processing fee (Appendix A — Schedule 6 5) will be ph"d charged to
each account for each specific request of a duplicate bill on the aeeetf for utility service billing
purposes. Duplicate bills are limited to one per account.
E. Methods of Payment
1. Cash, check, direct debit and/or credit card (when available), and electronic transfer
are available methods to pay monthly utility service bills rendered by the District to the property
owner.
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2. Cash, check and credit card payments may be made at the District billing office
address, as printed on the utility bill.
3. Check payments can be made through the U. S. Mail to the lockbox facility sing facility-.g
the envelope provided with the monthly water bill te the -P 0 Bex.
4. Credit card payments (when available) can be made via the internet and telephone
iea4y. Automatic Credit Card Payments may be set up via the internet.
5. Dir -eet debit Automatic Bank Payments, its are available. Re
Automatic Bank Payments may be rec ested approved by the District only after the satisfactory
completion of an Automatic Bank Payment form.
6. Non - Sufficient Funds (NSF) checks returned by the District bank or banks will not be
reprocessed for payment. The amount of the NSF check plus i the an appropriate NSF charge
(Appendix A - Schedule 6 5) and ii where applicable, any other rates, fees and charges, will be ph-teed
en- billed to the account_
1.3 District Rates, Fees and Charges other than Monthly User Fees.
A. Meter installation charges for meters and for baektiew cross connection control devices
two winches or smaller in size are to be paid to the District in accordance with Appendix A -
Schedule 4 3.
1. All meters and cross connection control devices two Q inches or smaller will be
installed by the District and shall remain the property of the District.
2. For meters and cross connection control devices larger than two (2) inches, the
materials and labor for installation of such meters shall be furnished by the develeper-properly owner
or duly authorized individuals in accordance with District requirements and specifications and
dedicated to the District in accordance with County ordinances, at no cost to the District.
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3. Meters and cross connection control devices must be left accessible to District
employees at all times in conformance with allether Ordinances adopted by Collier Counjy, ander
applicable State and Federal laws, rules or regulations
"
4. a. When any property owner; whe- -has -e with an existing water meter; makes
application to the District for the installation of a larger meter to replace a smaller meter, and such
installation is approved, by the District, the following charges shall apply in accordance with
Appendix A, Schedule 3): a meter installation fee a cross connection control device charge and if
required, a tapping fee for the connection of the property to the District water facilities.
-No credit shall be given for Any-tapping charges previously paid errby the property
owner with respect to the smaller meter and service. A meter upsize application form must be
completed, signed, and submitted by the property owner prior to the installation of any larger meter or
applicable service line. The District installs meters (2) inches or smaller. The difference in impact and
any AFPI fees between the smaller meter and the larger meter must be paid before a work order will
be issued for the installation of the larger meter and if applicable, the time and materials cost to install
a larger service line.
4. b. When any property owner, with an existing water meter, makes application to the
District for the installation of a smaller meter to replace a larger meter, A-a meter downsize application
form must be completed, signed, and submitted by the property owner. Smaller meters will only be
considered where the property meets the criteria for the smaller meter size. The District installs meters
two (2) inches and smaller. There shall be no refunds or credits of tapping fees or impact fees given to
any property owner requesting a smaller meter.
4. c. For installations other than those identified above, installation charges will be
based on time, materials and an administrative fee. (Appendix A - Schedule 4)
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4. d. When a property owner wishes to change a meter three (3) inches or larger, the
property owner shall obtain written approval from the District of such increase in meter sizing
before engaging with a licensed contractor to undertake the work in full
compliance with provisions of Section 1.4, paragraph Q of this Ordinance.
B. Temporary Meters.
1. a. Temporary meters two (2) inches or smaller may be installed and removed by the
District. The fee for such installation and removal shall be based upon the District's actual costs for
time, equipment and material, as appropriate, in accordance with Appendix A — Schedule -5 4.
1. b. Temporary meters larger than two (2) inches may be installed and removed by
contractors, in full compliance with provisions of Section 1.4, paragraph N, of this Ordinance.
1. c. Mobile temporary meters may also be used. Meter readings for all mobile
temporary meters must be supplied to the District on a monthly basis, as agreed at the time of
application, or be subject to removal and additional charges.
2. The temporary and mobile temporary meter monthly charge for service shall be based
upon the commercial monthly availabilit3 base and volume charges in accordance with
Appendix A — Schedule 1.
3.
4. A refundable temporary meter deposit (Appendix A — Schedule 6 5) ffltts shall be
paid b the he applicant concurrently with the Temporary Meter Application, except for temporary meters
in association with District capital projects (projects supervised by District staff . The deposit may be
used to offset AU costs for repair and/or replacement to District owned temporary meters assets. If
damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder
of the difference. The deposit may also be used to offset outstanding account balances to the extent
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service provided through the temporary meter is requested to be terminated by or at the
request of the District.
5. The District will be responsible for the installation of any temporary meter two (2)
inches or smaller, other than a mobile temporary meter. A work order for the installation of a
temporary meter two (2) inches or smaller, will be issued by the District only pon receipt of an
executed Temporary Meter Application.
C. diet Other rates, fees, and charges ,
fifne and material fees, tefnpef:af-y metef fees, impaet fees, industrial sewef use fees, baekflew
established by 4; -the District include but are not limited to the services listed below. The
actual charge rate for the service is in accordance with Appendix A — Schedule 6 5.
1. New Accounts — Pro e Change of Ownership
2. Tum off/lum on PA Owner-'s Reques
3. Meter Re -read or Data Log
4. Meter Test
5. Meter Lock
6. Meter Unlock After Hours
7. Meter Removal
8. Illegal Connection
9. Credit Card Convenience Fee
10. Temporary Meter Deposit
11. Duplicate Bill Processing Fee
12. Non - Sufficient Funds (NSF) Processing Charge
13. Late Payment Ghar-ga--RpEalty
14. Vehicle Parked Over Meter Charge
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15. Removal of Landscape (to access meter box and cross connection control device)
RENUMBER ABOVE
D. Late payments for monthly user fees are subject to a late payment penal elfarge
(Appendix A — Schedule 6 5) on the unpaid balance after the due date on the bill.
E. The rates, fees and charges as established in this Section shall be reviewed on an annual
basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement,
enhancement and debt service costs.
F. Reasonable Customer Payment Agreements may be
wallowed at the sole discretion of the District for payment of any services provided to the account.
All Customer Payment Agreements pay plan affangefiiefits must provide for
the full and timely payment of all outstanding, amounts due and any additional amounts that may be
due to the District as a result of providing continued service to the account . Any
default of a Customer Payment Agreement payment by prope!U owner or a tenant (as approved by
the property owner) may result in termination of service and the requirement for all outstanding
balances to be paid in full before service is re- connected.
G. Adjustments
1. Any debit or credit adjustments for any District service can only be made as the result
of a documented and approved procedure. lie} — examples
aeeeunts for- unexplained less of meter-ed wmer- was approved in upda4ed feFffl on januapy 3, 2001
2. Debit and eredit adjustments identified in deratmiented and appr-eved PFOeedufes shall
be appFeved by the Publie Utilities Division Administrator- or- designee befef:e Renwnber
3. Debit and/or credit adjustments for District errors and omissions should be applied to
the account or refunded, if appropriate, and are subject to appropriate review and authorization in
accordance with the approved table of authorities.
H. Refund of Credit Balances/Final Bills
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1. Refunds of credit balances for a continuing account shall be processed and forwarded
to the County's Finance Department or- its egg for disbursement on a weekly basis.
2. Refunds of credit balances as a result of final bills shall be processed and forwarded to
the County's Finance Department or- its equiva-lertt for disbursement on a monthly basis.
1. Refunds of credit balances will be made payable to the individual or entity who made the
monthly pa ment (s) during the period for which the credit balance relates. Renumber
3. In no event, shall refunds be processed for credit balances which are less than AAA
the cost of processing, as set forth in Appendix A — Schedule 5.
4. In no event, shall final bills less than X89 the cost of processing as set forth in
Appendix A — Schedule 5 be processed and mailed.
1.4 District Regulation.
A. Application For Service,
1. To obtain service, an application/contract form completed and signed by the property
owner, must be presented made at the office(s) of the District, or sent by letter, email attachment or
fax. Applications are accepted by the District with the understanding that there is no obligation on the
part of the District to render service other than that which is then available from its existing facilities.
The District reserves the right to refuse service from its transmission mains or to accept service to its
collection system.
2. Utility Service is furnished only upon signed application/contract of the property
owner, accepted by the District, and the conditions of such application or agreement are binding upon
the property owner as well as the District. A copy of each application or agreement for utility service
accepted by the District will be furnished to the property owner.
3. The applicant /{properly owner4 shall furnish to the District the-eer -rest their full name
and, street address, and a legal description of the property; at-uv�is where service is to be rendered
with respect to such at the time ef the application for- sef-�,iee. The applicant may furnish contact
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details such as telephone number and email address and the full street address of the billing address if
different from the service address, together with contact details. All system development charges,
impact fees, connection and installation fees, and any other fees, rates and charges established by the
District shall be paid in full at the time of application for service. The applicant shall also furnish the
name of any tenant who may occupy the property and any subsequent changes of tenant.
4. Application for service as requested by firms, partnerships, associations, corporations
and others (as being the applicant requesting service from the District), shall be tendered only by duly
authorized individuals (written evidence of Designated Agent's /Officer's authorization must be
provided by the property owner). When service is rendered under agreement or agreements entered
into between the District and an agent of the property owner, the use of such service by the property
owner shall constitute full and complete ratification by the property owner of the agreement or
agreements entered into between agent and the District under which such service is rendered. A tenant
of property shall not be construed to be an agent.
5. Where the District's water or sewer main is aeeessible to Fende available to provide
service to the property, no Collier County Building Permit may be issued until such time as proper
application shall have been made for service and all fees necessary for the rendering of such service
shall have been paid to the District.
6. The District may withhold or discontinue service rendered under application made by
a property owner, or the property owner's agent, unless all prior indebtedness to the District of such
property for utility service has been settled in full. Service may be withheld or discontinued for non-
payment of bills and/or non - compliance with rules and regulations in connection with the same or any
different class of service furnished to the same property owner at the same premises, or for non-
payment of any account for service to the property.
7. When ownership of a property is transferred to a new owner, it is the responsibility of
the new owner to request an Estoppel from the District at the time of title transfer to identify any
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outstanding utilities balances against the property, as outstanding balances not paid will be transferred
to the new property owner's account.
8. When a tenant who receives a duplicate bill vacates a property the District must be advised by
the pro eeM owner to ensure that any automatic payment arrangements are stopped.
B. Limitation of Use, Continuity of Service
1. Unless authorized by the District, water, sewer, and/or IQ water service purchased
from the District shall be used by the consumer only for the purposes specified in the application for
service, and the property owner shall not sell or otherwise dispose of such service supplied by the
District. Unless authorized by the District, service furnished to the property owner shall be rendered
directly to the property as delineated in the agreement for service between the property owner and the
District (service is considered as being rendered to the property owner by the District) through the
District's connection, and under no circumstances shall the property owner or property owner's agent
or any other individual, association, or corporation install equipment for the purpose of disposing of
said service. In no case shall a property owner, except with the written consent from the District,
extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in
order to furnish service for adjacent property, even though such adjacent property is owned by them.
In the event there is an unauthorized extension, sale or disposition of service, the property owner's
service will be subject to discontinuance until such unauthorized extension, sale or disposition is
discontinued and full payment is made of bills for service, calculated on proper classification and rate
schedules and reimbursements in full are made to the District for all extra expenses incurred for
clerical work, testing and inspections.
2. The District will at all times use reasonable diligence to provide continuous service,
and having used reasonable diligence shall not be liable to the property owner or occupants for failure
or interruption of continuous water service. The District shall not be liable for any act or omission
caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency
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repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other
governmental interference, acts of Ged force majeure or other causes beyond its control.
3. Property Owners shall maintain that portion of the water, and IQ water lines on their
property located beyond the District service connection or point of delivery, and all loss of water
through breaks or leakage to the premises will be the responsibility of and paid by the property owner.
The property owner shall maintain that portion of the sewer line located on their property.
C. Property Owner's Liability For Damage to Equipment.
The property owner is liable to the District for any damage done to the District's
equipment used in providing service to the property owner, except damage done by District
employees. The repair or replacement of District equipment by any property owner or duly authorized
individual constitutes an illegal connection or tampering with District equipment without consent of
the District and shall be subject to the penalties hereinafter provided Charges for repair or
replacement of District equipment shall be in accordance with Appendix A — Schedules 5 and 6
D. Security Deposits on Water, Sewer, and IQ Water Accounts.
Security deposits normally are not required on District customer accounts for water,
and /or sewer, and/or IQ water service. However, the District may require a deposit equivalent to two
(2) months average service when an account has been shut -off for non - payment more than two (2)
times in any six (6) month concurrent period. These deposits may be returned after six (6) months of
timely payments.
when an aeeeunt has been shut eff for- nen payment mefe than twe (2) ti I . x (6) menth
EE. Property Owner's Responsibility for Water, 10 water, and /or Sewer Services; Bad
Debts. Renumber
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I . The property owner is responsible for all water, IQ water, and/or sewer services
and /or other District services provided to the property. In the event service is discontinued for non-
payment, service will be restored only after property owner has fully complied with provisions of
Section 1.4, paragraph IG.2 and IG.3, of this Ordinance.
2. Unpaid fees constitute a lien against the property (see Section 1.4 SIB of this
Ordinance). In the event water, and /or sewer service and /or other District services have been
discontinued for non - payment and any or all services are requested to be reinstated for the property in
the future, this back debt plus associated charges must be paid before water and /or sewer service
and/or other District services will be furnished.
3. Bad debts as a result of bankruptcy or court actions will be written off in accordance
with applicable laws, rules and regulations.
GF. Dates Bills Due and Delinquent; Discontinuance of Service for Non - Payment;
Reinstatement Following Discontinued Service.
1. Utility service provided by the District shall be provided only to the propeM owner
and not the tenant occupying the property if different than the property owner. The total amounts due
on Rbills for utili service are due in full by the due date set forth on the bill from the District and are
delinquent thereafter. The District shall discontinue all utility_.�Service will be diseenfinued-when 4ny
portion of the overdue utility bill (above the cost of processing as charged by the County's Finance
Department) rendered by the District is delinquent for non- payment of such bills for service.
2. When service has been discontinued for non - payment of bills, service will be renewed
upon payment of iZall unpaid overdue bills- l; plies ii a shut -off lock fee• iii a a late payment enal
€ee; and iv) any other fees or deposits that may be due to the District from the property owner.
(Appendix A — Schedule 6 5).
3. If the lock has been tampered with and the street cock has been turned on prior to full
payment of all fees the meter may be removed from the property, and the pro ee!U owner shall be
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subject to penalties in accordance with Section 5. Should the property owner request renewal of
service for the property, service will be restored upon full payment of. 4) all past due bills plus a late
payment fee where applicable-;; and (2) ii) a meter removal fee; and iii) any other fees or deposits that
may be due to the District from the ro MM owner.- (Appendix A — Schedule 6 5).
4. If service has been discontinued for nonpayment of bills and an illegal water
connection is made, service will be- renewed restored only after the District receives in full the
payment of all unpaid bills;. In addition, other costs will be applied to the account as Appropriate,
including; i) time and material costs to remove the illegal connection and restore service as
determined by the District; ii)- the cost of the estimated amount of unbilled potable water and sewer
charges, as applicable as determined by the District during heperiod of the illegal connection
ee"sumptien less, iii) the payment of any other fees or deposits that may be due to the District from
thpro eeM owner; plus iv) the property owner shall be subject to penalties in accordance with
Section 5 and the charge for having an n illegal connection as specified in a $300 the fine speeified in
(aAppendix A — Schedule 6-5).
5. Billing for potable water, sewer, -seMee or of bent ifFiga IQ water services shall
begin upon installation of the meters.,
first.
6. The property owner shall immediately notify the District of any additional dwelling
units connected to the District's service lines if the dwelling units have not been included in previous
applications. The property owner shall immediately notify the District when the pro eem is sub-
divided into units with individual folios that are then sold as independent units each unit shall be
individually connected to District Services Costs for all work required for such connections shall be
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incurred by the property owner at no cost to the District. The District's service may be discontinued
f-ef for violation of this Section, .
14G. Billing Payment When Meter Reads Not Available Beeemes Defeetive; Right of
Entry Of Authorized Agents Or Employees,
1. Should the meter on any premises become defective, sesuch that the amount of
potable or IQ water delivered to such premises for the current month cannot be ascertained, the
property owner shall pay for that month an amount equal to the previous twelve (12) months average
billings for water volume charges unless the actual
amount of water can be determined. - Calculations for any such adjustments shall be in accordance with
a documented and approved procedure.
2. The District reserves the right to estimate water, sewer, and IQ water charges during a
billing period. The estimate shall be based on previous twelve (12) months average billings for water,
sewer, and IQ water velu*e charges. Calculations for any such adjustments shall be in accordance
with a documented and approved procedure.
3. Duly authorized agents and employees of the District shall,
, have access to any property for the purpose of examining
the condition of fixture, service pipe installation and such other purposes as may be proper to protect
the interest of the District, reading or repairing the potable and IQ water meters, and cross connection
control devices located thereon, or turning the supply of such water service to the premises off or on.
1H. Water Bill Complaints.
Normally, high water bill complaints will not be accepted for inspection by the District
unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has
certified that there are no leaks. If an investigation is made by the District and the findings reveal the
initial meter reading was accurate and the meter is functioning properly, a meter re -read charge
(Appendix A Sehedule -6) wi44 may be assessed agai charged to the property owner. The property
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owner shall be charged for meter tests which show the meter is
functioning properly.
A. Meters, Location And Charge For Moving.
main. Meter-s shall be plaeed when possible just within the PFOPeft�' line at the pfepef4y eefnef
the neafest peifit to the tap in Meters and any associated cross connection control devices shall
be located within the County utility easement serving the property, at the nearest point to the tap -in
main, unless specific circumstances dictate otherwise. If a meter is moved at the request of the
property owner, the property owner shall pay a fee equal to the District's full cost to remove and re-
install the meter, service lines /laterals, and any associated cross connection control device at a
different location in accordance with Appendix A — Schedule -5 4.
KJ. Connections With Water, Sewer, and IQ Water Required.
The owner of each lot or parcel of land, or unit with an individual folio within the District
where any improvement is now situated or shall hereafter be situated, shall, if the District operates and
maintains water distribution and/or sewer collection facilities along the frontage of their property,
connect or cause such improvement to be connected with the water and /or sewer facilities of the
District. The usage of such facilities shall, at a minimum, be used for all indeer domestic usage and
shall be connected within ninety (90) days following notification to do so by the District. Connection
to the IQ water system shall only be required if the development order and/or property purchase
agreements require such connection, and there is IQ water is available. A-RCosts for all works required
for such connections shall be incurred by the property owner and the connections shall be made in
accordance with rules and regulations which may be adopted from time to time by the District, which
rules and regulations shall provide for a charge for making any such connection in such reasonable
amount as the governing board of the District may fix and determine. No connection or connections
shall be required where the water or sewer system or line is more than two hundred (200) feet from
such property line.
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LK. Exceptions To Connections.
1. This Ordinance shall not be construed to require or entitle any person to cross the
private property of another in order to connect to the District's op table water, IQ water, and/or sewer
service.
2. Connection to the District sewer collection facilities may be deferred by the District
for up to five 5) years, from when access to District facilities becomes available if the property owner
demonstrates that an existing private sewer system on the property remains in compliance with Florida
Department of Health operating standards or until modification or replacement is required Monthly
sewer base charges will be applied during this period.
3. Connection to the District sewer collection facilities may be deferred if the District
determines, in accordance with a documented cost estimate provided by a certified professional that
the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base
charges will be applied during this period.
4. Connection to the District sewer collection facilities may be deferred if the District
sewer collection facilities along the frontage of the property is a force main and the District
determines in accordance with a documented cost estimate provided by a certified professional that
the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base
charges will not be applied during this period.
5. Any exceptions to connections shall be in accordance with a documented and approved
procedure.
ML. Connections May Be Made By District.
If any property owner of any lot or parcel of land within the District shall fail or refuse to
connect to and use the op table water, IQ water, and /or sewer facilities of the District after notification,
as provided herein, then the District shall be authorized to make such connections, entering on or upon
any such property for the purpose of making such connection. The District shall thereupon be entitled
Page 19 of 31
to recover the cost (Appendix A — Schedule 5 4) of making such connection, together with reasonable
penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition
and as an alternative means of collecting such costs of making such connections, the District shall
have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and
County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of
Florida for the foreclosure of mortgages upon real estate.
M. Discontinuance Of Water, Sewer, And IQ Water Service
No property owner shall be relieved of the obligation to pay water, sewer, and IQ water
charges unless the property owner has obtained a `Discontinuance of Water Sewer, and IQ Water
Service Authorization' from the District. An example of a situation that may qualify for a
discontinuance of water, sewer and IQ water service includes, but is not limited to demolition and
removal of all improvements and structures on a property evidenced by a completed demolition
permit.
When an authorization is granted to discontinue water, IQ water, and sewer service
charges shall terminate on the date of removal of the meter by the District. The charge for a
discontinuance of water and sewer authorization is in accordance with Appendix A — Schedule 5
Charges for any subsequent re- installation of the water meter and sewer services will be in accordance
with ERC calculations and with Appendix A — Schedule 3.
N. Unlawful Connection Prohibited.
No person shall be allowed to connect into any waterer sewer, or IQ water line owned by
the dDistrict without written consent of the District. The connection with such line shall be made only
under the direction and supervision of the District. Any property owner or plumber whe shall ffla Ee
making any connection without such consent of the County District shall, upon conviction be subject
to the penalties hereinafter provided.
O. Failure To Maintain Plumbing System.
Page 20 of 31
The property owner shall be responsible for maintaining and keeping free from
obstruction the water= and-sewer and IQ water pipes and associated assets leading to and connecting
from the plumbing system to the District's water, and- sewers, and IQ water mains,; -and €Failure to
keep the such water, and- sewer, and IQ water pipes and associated assets that are the responsibili!y o
the property owner; free from obstructions and maintained in a proper manner, shall result in penalties
in accordance with Section 5.
P. Unpaid Fees To Constitute A Lien.
In the event that the fees, rates or charges for the services and facilities of any water,
and /or sewer, and/or IQ water system shall not be paid as and when due, any unpaid balance thereof
and all penalties interest accruing thereon shall be an automatic lien on any parcel or property affected
thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any
owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a
parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not
be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and
all interest accrued thereon, together with attorneys fees and costs, may be recovered by the District in
a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the
District by action or suit in equity as for the foreclosure of a mortgage on real property.
Q. No Free Service.
No water, or--sewage disposal, or IQ water service shall be furnished or rendered free of
charge to any person, firm, corporation or governmental body. Each and every County agency,
department, or instrumentality which uses such service shall pay therefore at the rates fixed by this
Ordinance.
R. Separate Connections For Each Separate Unit.
1. Unless authorized by the District, each dwelling unit whether occupying one or more lots and
whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered
Page 21 of 31
a separate unit for the payment of the water, ate— sewage disposal, and IQ water rates and
charges, and separate connections will be required for each of such dwelling units.
2. When a community of property owners Homeowners Association (HOA) or Condominium
association where District services are separately connected to each property elects to have the
District provide water service through a single master meter, a formal written request shall be
submitted to the District. The District will provide details of the approved administrative process
and requirements that must be met to effect the requested change.
SECTION TWO - SubmeterinE
2.1 A landlord who is a property owner within the District and who provides water,
IQ water, and/or sewer service to rental units through a single master water meter shall, under any of
the following three circumstances, be exempt from the prohibitions contained in Section 1.4,
paragraph B.1 against the sale or disposition of District water, IQ water, and /or sewer service:
A. A landlord may apportion the monthly charge for District water, IQ water, and /or sewer
service through the master meter equally among all rental units provided that the total monthly charge
to all rental units shall not exceed the landlord's actual cost for District water, IQ water, and /or sewer
service; or
B. A landlord may install submeters for each rental unit to traeak measure each unit's usage of
water service and then charge each unit according to its exaet measured usage; however in no event
shall the amount charged to all the rental units exceed the landlord's actual cost for District water
and /or sewer service. A landlord who installs submeters shall comply with the requirements of
Section 2.4, below and shall not recover more than his actual cost for District water and /or sewer
service thfough associated with the respective master meter and shall not pass on to his tenants any of
the capital or administrative cost incurred in the installation and monitoring of the submeters or the
billing of tenants for their water, IQ water, and/or sewer service usage; or,
Page 22 of 31
C. A landlord may also provide water, IQ water, and/or sewer service to rental units through
a single master water meter for no specific compensation provided that in no event shall any landlord
recover more than his actual cost for District water, IQ water, and/or sewer service from his tenants.
2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance,
a landlord choosing to install submeters as provided in Section 1.4, paragraph B above, shall not begin
monitoring a rental unit's water usage and corresponding; billed sewer flow where applicable for the
purposes of charging a unit according to its actual water usage and sewer until the expiration of the
then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any
new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord
choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each
rental unit for water, IQ water, and sewer service according to its exaet metered water usage. Such
disclosure sh" must be in both of the following forms: (1) oral representations by the landlord to the
tenant at the time of negotiating the lease and before either party has signed the lease agreement, and
(2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the
landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant.
2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual
cost for eeuuly District water, IQ water, and /or sewer service shall provide to the tenant
documentation of the landlord's actual cost for District water, IQ water, and /or sewer service as well
as documentation and a written explanation of the basis for any costs charged to the tenant for water,
IQ water, and/or sewer service. Such documentation and written explanation shall be provided within
five (5) business days from receipt of the written request.
2.4 Furthermore, upon dispute of a water, IQ water, and or sewer bill by a tenant in person, in
writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of
receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the
dispute:
Page 23 of 31
A. Reread the master meter and /or any submeter to verify the accuracy of the meter reading
process and the working condition of the meter(s);
B. If the working condition or accuracy of the master meter or any submeter is in question
after being reread, the landlord shall have the meter tested;
C. If after being tested the master meter or any submeter is found to be inaccurate or
otherwise defective, the District or the landlord, as the case may be, shall immediately repair or
replace the meter.
D. Provide documentation of current and past billing practices with respect to the applicable
rental unit for the period of the requesting tenant's occupancy;
E. Arrange a meeting with the tenant and the property manager or some other representative
of the landlord to discuss the billing process; AND and
F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above
options without redress may bring suit in a court of competent jurisdiction to obtain relief under
Chapter 83, Florida Statues, the Landlord Tenant Act.
2.5 All submeters must aehieve no less than register within the accuracy standards as currently
met approved and used by the District for its own water meters. In addition, any landlord installing
submeters shall provide, where applicable, the following services, at the landlord's expense, which
either meet or exceed the level of service currently provided by the District with respect to its water
meters:
A. The landlord shall promptly, upon receiving notice, repair all submeter leaks;
B. The landlord shall promptly, upon receiving notice, replace any failed service lines or
associated components;
C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated
submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as
necessary;
Page 24 of 31
D. The landlord shall, upon receiving a water quality complaint, check applicable
connections and flush applicable service lines;
E. The landlord shall, upon receiving a low pressure complaint, check and test the system to
ensure proper operation:
F. The landlord shall locate and provide the location of all submeters and service lines upon
reasonable request by a tenant;
G. The landlord shall turn off applicable submeters in emergency situations;
H. The landlord shall read all submeters no less frequently than once a month;
I. The landlord shall replace all submeters that become stuck or difficult to read; and
J. The landlord shall notify the tenant of a potential leak upon reading a submeter that
reflects an unusually high usage.
2.6 The provision of water and/or IQ water service through a single master meter by a landlord as
described in this section is deemed not to constitute the sale or disposition of water and/or IQ water
service. The provision of sewer service as described in this section is deemed not to constitute the sale
or disposition of sewer service.
2.7 Any condominium association or Homeowners Association(HOA) that is a customer of the
District and provides water and/or sewer and/or IQ water service to condominium units or single
family homes /units through a single master meter may allocate the cost for such water service among
its members either by equal apportionment, installation of submeters, or otherwise provided that such
allocation of cost is restricted to recovery of the condominium association's actual cost for District
water and /or sewer service and/or IQ water and directly related administrative or capital expenses
incurred in recovering that cost. Upon a member's written request, any condominium association or
HOA that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph
B.I to recover its actual cost for District water and /or sewer and /or IQ water service and directly
related administrative and capital expenses incurred in recovering that cost shall provide to the each
Page 25 of 31
individual member documentation for the condominium association's or HOA's actual cost for District
water and /or sewer and /or IQ water service as well as documentation and a written explanation of the
basis for any costs charged to the member for water and sewer service. Such documentation and
written explanation shall be provided with five (5) business days from receipt of the written request.
The provision of water service through a single master water meter by a condominium association or
HOA as described in this section is deemed not to constitute the sale or disposition of water service.
The provision of sewer service as described in this section is deemed not to constitute the sale or
disposition of sewer service. The provision of IQ water service as described in this section is deemed
not to constitute the sale or disposition of IO water service.
2.8 Any landlord or condominium association or HOA that elects to install submeters shall not
charge a security deposit.
2.9 A landlord who is a property owner within the District and who provides water and /or sewer
and /or IQ water services through a single master meter to multiple rental units or lots within a single
parcel, shall only do so through a single master water meter, unless an approved service exists prior to
the approval of this Ordinance. Property owners of record are responsible for payment of all
delinquent balances.
2.10 A landlord who is a property owner within the District and who provides water and /or sewer
and /or IQ water services through a single master meter to multiple rental units or lots within a single
parcel, and who sells any of the units or lots such that they become individual parcels shall be
responsible for notifying the District of the transactions Separately metered water services and as
appropriate sewer services, and /or IQ water services are required to be provided to each new property,
resulting from the sale of such units or lots prior to the issuance of Certificates of Occupation or on
change of ownership. The District will provide details of the approved administrative process and
requirements that must be met to effect the requested change
SECTION THREE - City of Naples Service Area.
Page 26 of 31
3.1 No extension of existing distribution water mains of the water system of the City of Naples
may be made within the District, without the prior, written consent and
approval of the governing board of the District, except that this Ordinance shall not apply to the lands
described in Section 3.4.
3.2 All applications for said distribution water main extensions shall be made in writing to District
staff who shall present said requests to the governing board of the District within thirty (30) days of
receipt thereof.
3.3 The governing board of the District may attach reasonable conditions to the issuance of
permits for distribution water main extensions which conditions may include, but not be limited to,
provisions for payment of system development charges or impact fees which are, or may be enacted by
the Collier County.
3.4 The City of Naples Water Service Area Boundaries are as follows:
T his was reviewed last year with City of'Naples but may need another review.
Beginning at the intefseetien of the easter-ly shefeline of the Gulf E)f Mexiee with the seuthefly City
lifnit line ef the City E)f Naples; thenee eastefly aleng said seuther-15, City aleng the eastefly Gily lifflit
,
Township 50 setith, Range 25 east to the nef4heast eemer- of said Seetien 26; thenee fief4hefly alen
fight ef way line ef Themassen Dr-ive; thenee easter-ly along said seuther-ly Fight of way e
Themassen Drive te its inter-seetieft with the Fange line lying between Range 25 east and Range 26
east; thenee fiefther-ly along Said Fange line lying between Range 25 eas4 and Range 26 east te the
line -ef Seetiens 13, 14, 15, 16 and 17, Te unship 49 -se Range 25 oast to the - into,-seratio„ -athe
neFth line ef said Seetien 17 with the eastefly sher-eline of the Gulf of Mexiee3 thenee souther-15, aloft
Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City
limit line of the City of Naples; thence easterly along said southerly City limit and the south line of
Section 27, Township 50 south, Range 25 east, to the southeast corner of said Section 27• thence
northerly along the easterly City limit line and the east line of said Section 27 to the northeast corner
of said Section 27; thence westerly along the north line of Section 26 Township 50 south Range 25
east, to the northeast corner of said Section 26; thence northerly along the east line of Section 23
Township 50 south, Range 25 east to its intersection with the southerly right -of -way line of
Thomasson Drive; thence easterly along, said southerly right -of -way line of Thomasson Drive to its
intersection with the range line between Range 25 east and Range 26 east; thence northerly along said
range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13
Township 49 south, Range 25 east; thence westerly along the north line of Sections 13 14 15 16 and
17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the
easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly
shoreline of the Gulf of Mexico to the point of be inning_
Page 27 of 31
SECTION FOUR — Appendices for Rates
The Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer
District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1 through 76; inclusive,
appended hereto as Appendix A, which shall be imposed upon all users of the
Sewer District's services within the District's boundaries and outside the District's boundaries subject
to appropriate mutual agreements.
these AFPI ehar-ges shall fiet apply to ERGs reserved by pa�,mefit for- the ERC;s Feeeived by sta
subsequent to Deeembef: 2012. These rates, fees, and charges may be changed from time to time by
Ordinances or by Resolutions of the Board of County Commissioners as Ex- officio Board of the
Collier County Water -Sewer District, provided the Board holds a*— publishes, in a newspaper of
general circulation in Collier County notice of an advertised public hearing with regard to the then
proposed Schedule amendments. The proposed amendments (by County Ordinances or Board
Resolutions) can be agendized on the Board's regular or summaragenda.
SECTION FIVE - Penalties.
Unless another penalty is specifically provided for, any person who violates any section or
provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida
Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board
may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance,
before the Special Magistrate, or, in the Circuit Court of Collier County.
SECTION SIX — Confidentiality
6.1 Confidential Information
A. Information and data on a user obtained from reports, questionnaires, applications, and
other material provided shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the
Page 28 of 31
District and County that the information is not "public record" under then applicable law, and is
clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, Chapter
119, Florida Statutes, or its successor in function.
B. Notwithstanding any of the provisions of this Article, nothing shall be construed or
interpreted to require the Collier County or the District to violate any of the applicable public records
law(s). Any release of information or disclosure made by the County or District in order to comply
with such law should not give rise to a claim whatsoever.
SECTION SEVEN - Declaration of Exclusion from the Administrator Procedures Act
The Collier County Water -Sewer District Board shall exercise jurisdiction over the provision
of water and sewer services within the boundaries as hereinafter provided for, and shall be exempt
from the provisions of chapter 120, Florida Statutes. No privately -owned water or sewer utility shall
be abandoned without adequate provision for continuance of service and the prior approval of the
Board.
SECT -!ON EIGHT Reveal of T F Ordina .
Collier- County Ordifianee Numbem 97 48, as amended by 98 55, as amended by No. 2000 34, and as
amended No. 2001 18 are her-eby repealed and supefseded in their- efifir-ety by this AAiele.
Collier- tromp z, ll- ;n.,nee RT,,.. be. No 2Q-01. -7Z ended i. Ne. 2006 27 h b- rcFcaled -curd
u
ed in their- anti «eo, bl, thiq AFt' 1
e [7'f[.TITr[iG7G:
SECTION EIGHT - Repeal of One Ordinance
Collier County Ordinance Number 2006 -27 is hereby repealed and superseded in its entiretX
by this Article.
SECTION NINE- Conflict and Severability
The provisions of this Article shall be liberally construed to effectively carry out its purpose in
the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or
Page 29 of 31
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
SECTION TEN — Inclusion in the Code of Laws and Ordinances
The provisions of this Article 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 relettered
to accomplish such, and the word "ordinance" may be changed to "section', "article ", or any other
appropriate word.
SECTION ELEVEN - Effective Date.
This Ordinance shall become effective upon being filed with the Department of State.
PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of
the Collier County Water -Sewer District this
ATTEST:
DWIGHT E. BROCK, CLERK
,Deputy Clerk
Approved as to form and legal
sufficiency:
Lenni er 3. h
Assistant County Attorney
day of ,20112-009 -2-044.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
1-9 IF
Page 30 of 31
SIMMS PWAI M
.. .. - -
1 4110
1-9 IF
Page 30 of 31
Themas C. PalmeF,
Assistant Comity Attemey
Page 31 of 31
Sub - divided properties
Property Owner sub - dividing master metered properties into
individual parcels (folios).
Within the proposed amendments to Ordinance No. 2001 -73 there are two changes that may
need some additional clarification. The changes are:
SECTION ONE
District Regulation 1.4.F.6.
6. The property owner shall immediately notify the District of any additional dwelling units
connected to the District's service lines if the dwelling units have not been included in previous
applications. The property owner shall immediately notify the District when the property is sub divided
into units with individual folios that are then sold as independent units each unit shall be individual)
connected to District Services Costs for all work required for such connections shall be incurred by the
property owner at no cost to the District The District's service may be discontinued Fef for violation of
this Section, "° TMs*- t' a
SECTION 2 — Submetering
2.10 A landlord who is a property owner within the District and who provides water and /or sewer
and /or IO water services through a single master meter to multiple rental units or lots within a single
parcel, and who sells any of the units or lots such that they become individual parcels shall be
responsible for notifying the District of the transactions Separately metered water services and as
appropriate sewer services and /or IO water services are required to be provided to each new property,
resulting from the sale of such units or lots prior to the issuance of Certificates of Occupation or on
change of ownership. The District will provide details of the approved administrative process and
requirements that must be met to effect the requested change
On the following pages are examples of properties where the original parcel has been subdivided
and sold to other property owners creating utility accounting and bill payment issues for
residents /tenants or where separate accounting would be preferred by the association/landlord.
Page 1 of 9
Sub - divided properties
Examples of Property Owner sub - dividing master metered
properties into individual parcels (folios).
Sub - divided commercial property with no master association
Although Costco Wholesale is highlighted in the picture below, all of the properties in that main
plaza except Kohl's (far right) are on a single master meter and fire meter for which Costco is
billed. It would appear that the previous owner Naples Plaza Ltd sold the units individually but
made no provision for maintaining an association for common costs. Individual private meters
were installed by the developer to measure each unit's consumption to facilitate the landlord or
association to charge each unit, however, as Costco was the first occupant of the development
they were billed for water and sewer services — a situation that continues and has yet to be
resolved.
The three properties to the front are part of the same development but are individually metered.
Page 2 of 9
Sub - divided properties
Naples Plaza as seen on the District GIS map.
.._ ,. .. .... ,' V y �� . y _ � >Pjn .i. m � nmm cap :. , "s � i • >, j; . ay,yxw ....: r{ e
Commercial Condominium
We were contacted some time ago by the property management company who were seeking to
establish separate accounts for the three buildings to the north of the property. As can be seen
from the PA picture below these three buildings are identified as individual folios. These
buildings have four units on each floor which are occupied by a number of businesses; each unit
has its own folio. The original property is owned as a commercial condominium by:
PIPER'S CROSSING LLC
CIO CRIFASI MANAGEMENT INC
2376 IMMOKALEE RD
NAPLES FL 34110
Page 3 of 9
Sub - divided properties
Page 4 of 9
Sub - divided properties
This is an example of the occupancy of one building.
Folio Number: 78544900025
olio Number: 78544900041
Name: JUDES BUILDING LLC
Name: JBDL LLC
Street# & Name: 1205 PIPER BLVD
Street# & Name: 1205 PIPER BLVD
Build# / Unit#: / 10
Build# / Unit#: / 102
Folio Number: 78544900067
Folio Number: 78544900083
Name: JUDES BUILDING LLC
Name: HAGEDORN, RALPH =& BETTY
Street# & Name: 1205 PIPER BLVD
Street# & Name: 1205 PIPER BLVD
Build# / Unit#: / 103
Build# / Unit#: / 104
Folio Number: 78544900106
Folio Number: 78544900122
Name: BEA ROSE HOLDINGS LLC
Name: RBC BANK
Street# & Name: 1205 PIPER BLVD
Street# & Name: 1205 PIPER BLVD
Build# / Unit#: / 201
Build# / Unit#: / 202
Folio Number: 78544900148
Folio Number: 78544900164
Name: J S DINING PROPERTIES LLC
Name: NAPLES ASSOCIATES LLC
Street# & Name: 1205 PIPER BLVD
Street# & Name: 1205 PIPER BLVD
Build# / Unit#: / 203
Build# / Unit#: / 204
Page 5 of 9
Sub - divided properties
The complex is served by a 3 inch potable water meter, a 2 inch irrigation meter and a 3/4 inch
fire meter, see the GIS extract below.
Page 6 of 9
Sub - divided properties
p.
MW U-
k.W x A-
To facilitate the establishment of individual utility accounts to either the individual buildings or
the individual units would require additional infrastructure and additional utility easements to
allow each building to be separately metered by the Water Department (CCWSD).
Residential - Spanish Villas Condo Association
This example is a residential property consisting of two buildings each with 3 units, developed
initially as rental property. As a result of the economy one building was sold and then some of
the individual units.
RE: Collier County Utilities Account No. 06600787200
Service Address: 4190 and 4200 Gulfstream Drive, Naples, FL34112
Page 7 of 9
Sub - divided properties
As can be seen from the attached letter, we had discussions with one of the owners to attempt to
resolve the situation. At this time the two buildings are served through a two inch master meter.
1�
Microsoft Office
Word 97 - 2003 Docu
Three of the units in 4190 Gulfstream Drive are owned by Southwest Florida Rentals LLC.
Two of the units in 4200 Gulfstream Drive are owned by Brian Mansour Rev Liv Trust who
currently receives the bills.
The third unit in 4200 Gulfstream Drive is owned by Daniel R Bishop the original owner.
The Property Owner is still shown as Spanish Villas Condo Association, but our searches
indicate that no longer exists, as the only similar named association is for 4300 Gulfstream
Drive. We spent an immense amount of time and effort identifying and contacting one of the
new owners in order to get bill payments back on track. At a minimum I would suggest that each
Page 8 of 9
Sub - divided properties
building should now be independently serviced and connected to our infrastructure, but the ideal
would be individual meters to each unit.
Not having clearly identified ownership responsibility leaves the unit owners vulnerable in
situations where an account meter is locked for no payment.
Page 9 of 9
ORDINANCE NO. 2012 -2U3=
AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 98 37, AS
AMENDED, THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE;
DD^ BY AMENDING: SECTION ONE, TITLE AND CITATION; D— :a
SECTION TWO, FINDINGS -; SECTION THREE, INTENTkNB; SECTION FOUR,
DEFINITIONS; SECTION FIVE, CONNECTION TO SYSTEM; Dp.,co_ _7aZiNQ qpm
COUNT -Y'S .414140RIT3 TO DCTAD71914 RATE, CCFC 444D CHARGES; PROVITlN9 CnDSECTION
SIX, DISCONTINUING SERVICE; PROVIDING DnD BY DISTRICT; SECTION SEVEN,
ANNEXATION OF DISTRICT SERVICE AREAS INTO MUNICIPALITIES SECTION
EIGHT, INTERRUPTED, DISCONTINUED AND FAILURE TO DELIVER SERVICE
TNTFHARUPTIONS A,,in; SECTION NINE, SERVICE dPPwGATl0N-- REQUIREMENTS;
SECTION TEN, METER REQUIREMENTS; PROVIDING FoR.SECTION ELEVEN,
CROSS - CONNECTION CONTROL AND; SECTION TWELVE, CONSTRUCTION
SPvnlrlr nTONS; PROVIDING FnDSPECIFICATIONS; SECTION THIRTEEN SECTION,
MAINTENANCE BY CUSTOMERS AND- FOR c- OUNTVUSER; FOURTEEN, DISTRICT
MAINTENANCE; DDnL41D1TING ! 4 MI Al 1TT190PONS• DDn\7mN9 FOR PUBLIC; 1!` L A91;AAL' 99
AN-1) FoR cn1 :wTy_SECTION FIFTEEN USER ADDITION OF CHEMICALS• SECTION
��
SIXTEEN, OWNERSHIP; DDn1DNG p INSPECTIONS; 42Ro ;71,,,�ggRE BY THE
DISTRICT; SECTON SEVENTEEN, USER IO WATER SYSTEM; SECTION
EIGHTEEN, LIABILITY .4 ism- N_DrbA gTV. PRncTmn rn FOR L' A SEM 7kIT ll1! n TTnAT9 AND
,FOR PERMITS; REQUIR NG TMAT E-AC H EA-IaT8 Ec1 -rnTTD C-T nAT SITE SYSTEM; PROVIDNG
SECTION NINETEEN CONSTRUCTION AND SEVERABILITY;
PR 0-1.71-PR49 SECTION TWENTY, INCLUSION PiT-eIN THE CODE OF LAWS AND
ORDINANCES;P SECTION TWENTY ONE, PENALTIES; SECTION
TWENTY TWO, EFFECTIVE DATE.
WHEREAS,
such m C-Allief County.; and
62 610.460 is a valuable 'A'Ektff FeSetff6e whieh ean safe!), be used feF iffigA-60-A A-Rd- etheff fien potable purposes
1.4114P�A_P.A 81 G011iff GOHH4�' has decided to establish and constmet a reelaimed wateF S�'Steffl Whi6h Will Make FOUSe-
Pegain areas Af thP GANW�' f8F irFigaiOR puFposos and et4or approved non potable uses; ARd
31,141:D,A :.:s the aos:.o efon May 12, 1998, the Board of County Commissioners to estab4sn Board
adopted Ordinance No. 98 -37, The Collier County Reclaimed Water System Ordinance, to
oovern policies, procedures and conditions regarding the use of the Fouse Watff Sy&teff*-,!Qollier
County Water Sewer - District's (District) I0 Water Program; and
WHEREAS,the B oard subsequently amended Ordinance No. 98 -37 through its adoption
of Ordinance No. 99 -35 and Ordinance No. 99 -55; and
WHEREAS the Board wiskesnow desires to amend and restate Ordinance No. 98 -37
as amended, to maintain compliance with District Wastewater Reclamation Facility operating
permits, applicable laws, rules, and regulations, ensure consistency with the I0 Water Policy,
and allow for optimization of the District's 10 Water System, and
WHEREAS, 10 Water offers an environmentally sustainable method for managing
wastewater disposal, conserving potable water sources and providing alternative water supplies
for beneficial uses; and
WHEREAS, Section 403.064, F.S. encourages local governments to implement reuse proiects
and places limitations on deep well injection and other forms of effluent disposal; and
WHEREAS, when a wastewater treatment plantpermittee reuses reclaimed water or disposes of
effluent using property owned by another party, a binding agreement between the involved
parties is required to ensure that construction, operation, maintenance, and monitoring meet the
requirements of Chapters 62 -600, 62 -620 and 62 -610, Florida Administrative Code (FAC); and
WHEREAS, the wastewater treatment plan permittee shall retain primary responsibility for
ensuring compliance with all applicable requirements of the FAC for efficient disposal.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS; OF COLLIER COUNTY, FLORIDA, tAS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF
THE COLLIER DISTRICT WATER -SEWER DISTRICT THAT:
SECTION ONE: TITLE AND CITATION.
This ordinance shall be known as and may be cited as "The Collier County Reclaimed Water
system-Sewer District IQ Water Ordinance."
SECTION TWO: FINDINGS.
The Board of County Commissioners hereby makes the following findings:
A. That
syste%s(l) Sections 403.064(1) and 373.250(l), F.S., establish *the encouragement and
promotion of water conservation and Reuse
of IQ Water as State objectives and that water
syste and Reuse are in the public interest.
B. That FAC, Rule 62- 610.320 (1) (b) requires that when wastewater treatment plant
permittee reuses IQ Water or disposes of effluent using property owned by another party, a
binding agreement between the involved p2giMarties is required to ensure that the construction,
operation, maintenance, and monitoring meet the requirements of Chapters 62 -600, 62 -620, and
62 -610, F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by
the permittee. The permittee shall retain primary responsibility for ensuring_ compliance with all
applicable requirements of the Florida Administrative Code for efficient disposal.
C. That FAC, Rule 62 -610. (c) requires that as part of the wastewater reclamation
facility permit application, the applicant shall submit documentation of controls on individual
users of IQ Water through detailed agreements or by local ordinance.
D. That the Districts IQ Water System meets the criteria of a
systen+-slow rate land applications sy tem with public access as defined by Florida Administrative
Code, Rule 62- 610.450.
Q— E. That the establishment and maintenance of a
Pfeteetien to the Gellief: Gounly Water Sewer IQ Water System ordinance is required by Florida
Administrative Code, Rule 62- 610.469.
F. The provisions of this Ordinance shall be liberally construed to effectively carry
out its purposes in the interest of public health, safety, welfare and convenience.
Q. to Federal, State, and local rules and regulations are those then in
effect at the time of thethe adoption of this Ordinance � and which may be amended or
revised from time to time by the respective legWati-yere ulatory body,a nd gfthe±hjnyill be
incorporated herein by reference upon their adoption.
SECTION THREE: INTENT.
It is the intent of the Geuwypistrict to make F@Glaimed waterlQ Water available for
irrigation and other authorized uses
requested by eu.,-#amyrs and that applieation is praetieal and ersenemiral.
The IQ Water System (System) shall be
eveloped in accordance with the wastewatffLQ Water Policy
(Policy) and the IQ Water Master Plan . Master
Do .
SECTION FOUR: DEFINITIONS.
For purposes of this Ordinance, the definitions contained in this section shall apply unless
otherwise specifically stated. Words used in the present-! tense include the future tense, words in
the plural number include the singular, and words in the singular include the plural. The
wer4words "shall° ►s," "will," or "must" are always mandatory and not merely discretionary.
Allocation shall mean the amount of IQ Water allocated to a Major User through an executed
Major User Agreement. The Allocation will not be greater than the amount calculated based on
the irrigable pervious surface of the Applicant and the IQ Water Application Rate, expressed in
million alp lons per day (MGD) and delivered over a twenty four (24 ) hour period.
Applicant shall mean any property owner or owner's agent (written evidence is required of
Designated Agent's /Officer's authority to execute legal documents for property owner) person or
entity that is requesting IQ Water service from the District for their use or on behalf of an IQ
Water User and is authorized to enter into a District User Agreement.
Approved BaekRewBackflow Preventer shall mean a mechanical assembly that has been
approved to prevent backflow and back- siphonage to the ceua4y's petabie water system as new defified
in County Ne. 97 Districts water systems including the IQ Water System.
Available IQ Water shall mean an amount of IQ Water, above and beyond the existing
demand during the high demand /low flow period, as determined by the District.
Basic User shall mean an IQ Water User that uses less than 0.1 MGD of IQ Water expressed on
a twenty four (24) hour flow basis. This classification of User must enter into a Basic User
Agreement. Basic Users may receive Pressurized or Pressurized and Distributed service.
Basic User Agreement shall mean a written contractual agreement between the District and the
Basic User through which the Basic User agrees to abide by all rules and regulations pertaining
to IQ Water use. These agreements are required red by the State per Section 62- 610.320 (1) (b),
F.A.C.
Board of County Commissioners of Collier County, Florida,
(Board) shall mean the governing body
of Collier County li�as the ex officio Governing Board of the Collier County Water -Sewer
District.
Bulk Service shall mean a service level in which individually metered Users: (a) have a Maior
User Agreement for Delivery and Reuse of IQ Water, (b) receive service that may be provided
with minimum pressure, (c) agree to receive a IQ Water Allocation on an annualized daily
throughout the calendar year, (d )provide IQ storage facilities on their property, (e) are
responsible for their IQ Water system beyond the District's designated Point of Delivery, and (f)
agree to use IQ Water in lieu of potable water for irrigation or other permitted uses.
Collier County Water -Sewer District (District) shall mean the Independent Special District
within Collier County that is created and defined by Legislative Special Act, Chapter 2003 -353,
Laws of Florida; as such Act may be amended from time to time.
Cross - Connection shall mean any physical
would alle-A' the M-A-vem-effit E)f fittids between v4e County's publie water system Emd any e t, or piping system up.h.
the Geunt),'s rouse watef rrangement whereby the District's public water system is connected,
directly or indirectly, with any other water supply, sewer, drain, conduit, pool, storage reservoir,
Plumbing fixture, or other device which contains or may contain contaminated water, sewage or
other wastes or liquids of unknown or unsafe quality, which may be capable of imparting
contamination to the public water system, as the result of backflow. By -pass arrangements,
Jumper connections, removable sections, swivel or changeable devices, or other temporary or
permanent devices, through which or because of which, backflow could occur are considered to
be cross - connections unless otherwise specified within this Policy or other related District
documents.
Gus t;meF shall mean an 10 Water- User- that L, all eeted to the 10 \i atef System and
FDF.P shall mean the Florida Department of Environmental Protection.
Force Majeure shall include but not be limited to, acts of God, strikes, lockouts, or other
ewners;industrial disturbances, acts of any public enemy, wars, blockades, riots, acts of armed
forces, epidemics, delays by carriers, inability to obtain materials or the shaFeheldffs Of Stleh
ass;rights -of -way on reasonable terms, acts or .failures to act by
regulatory authorities, or the unavailability of necessary resources that are beyond the reasonable
control of the District to provide IQ Water to Users.
-Distr*h-ution-N46iff-10 Water shall mean
��sealternative water *� o F Am *- ��IR -1A A�
f
Rouse shall mean the delibefate applieeAien or usage of reel a: resources other than potable water-
available to the District and sus
shall +include: (a) wastewater that has received the treatment established by
the Florida Administrative Code, Rule 62- 610.460, currently defined as wastewater that meets, at
a minimum, secondary treatment and high.-level disinfection ffieF before discharge to
entefi"holding ponds or the IQ Water System and (b) Supplemental Water Supplies such as
ground or surface water. IO Water may also be referred to as reuse water, effluent water, or
reclaimed water - system.
Wfftef Qifftfff shall mean the individual responsible fef: the teehnieal and epef:atien aefivities of the County A'
P@paFtment.-IQ Water Application Rate (IOWAR) shall mean the irrigation application rate
generally recommended by the Water Management Districts, and adopted by the District,
currently three - quarters to one inch per irrigated acre per week. As an example, a User with a
parcel of land that has 100 acres of irrigable area, at the rate of 1 -inch per week, will provide a
)ressea on an avera
annual daily flow basis (100 acres x 43,560 ft` per acre x 1 i
gallons per cubic foot /7 days /week = 387,900 gallons /day).
IQ Water Ordinance shall mean Ordinance 2042 2013- which restatedrestates and
ameadWamends Ordinance No. 98 -37.
IQ Water Policy (Policy) shall mean this Policy as approved by the Board which outlines the IO
Water program in terms of purpose, vision, mission, ug idingprinciples definitions rates
conservation, master planning, and operational guidelines. The Policy gives guidelines for the
optimization of available water resources and meeting the irrigation needs or other approved
uses, of customers in an economically and environmentally sustainable manner, through the use
of IQ Water.
IQ Water Rates shall mean the rates in dollars and cents charged by the District for IQ Water
service as established by the Board in Ordinance Number 2001 -73, as it may be amended or
superseded. IO Water Rates shall be reviewed on an annual basis to ensure adequate revenues for
Districts stem operation, maintenance, and renewal, replacement, enhancement and debt service
costs.
IQ Water Service Area shall mean the geographic area within the District boundary where IQ
Water is or will be furnished in accordance with the prioritization and decision criteria included
in this Policy and subsequent master plan.
IQ Water System (System) shall mean all District owned elements that function to convey and
distribute IQ Water including all land and easements, buildings and structures, transmission and
distribution pipes, reservoirs, supplemental water supply production and pumping facilities,
metering equipment, equipment and machinery, and other appurtenances upstream of the POD
necessary to provide IQ Water to Users. The System does not include the deep injection wells
used for wastewater effluent disposal located at the Water Reclamation Facilities.
Major User shall mean an IQ Water User that uses or has an allocation greater than or equal to
0.1 MGD of IQ Water expressed on a twenty four 24) hour flow basis. This classification of
User must enter into a Major User Agreement and may receive Bulk or Pressurized Service
levels.
Major User Agreement (MUA) shall mean a written instrument between the Major User and
the District, by which the Major User agrees to abide by all rules and regulations pertaining to o IQ
Water, designates a minimum Allocation, designates a Point of Delivery, designates areas where
IQ Water will be used, and other contractual obligations. These agreements are required by
State per Section 62- 610.320 (1) (b) F.A.C.
Master Meter, shall mean a radio read or other water meter that measures the total gallons of
water that flows through such meter to measure the cumulative water being served to a specific
project, development or portion(s) thereof and which has many separate end users being served
by such master metered water (as distinguished from a water meter that measures flow of water
to separate end use customers or end use water customer units).
Point of Delivery (POD) shall mean the location where the Districts IQ Water System is
physically connected to the Users 10 Water system and represents where the District's
responsibility ends and the User's responsibility and liability begins. In Major User Agreements
it will be defined by folio number, and identified in an exhibit. In certain identified Major User
Agreements the POD will be where the IQ Water line enters onto the Major User's property
boundary. The POD for Basic Users, unless otherwise specified, will be at the point where the
downstream section of the meter assembly goes into the ground on the Users side of a meter.
Pressurized Service shall mean the service level in which Users are (a) individually or master
metered; (b) receive IO Water under pressure at the POD, (c) are responsible for the distribution
of IQ Water to the irrigable areas downstream of the individual or master meter(s); (d) agree that
the District will not be responsible for the water pressure and system maintenance downstream of
the POD.
Pressurized and Distributed Service shall mean the service level at which Users (a) are either
individually or master metered; (b) receive IQ Water under pressure; (c) whose IQ Water System
is maintained by the District beyond the boundaries of the master community up to the individual
or master meter; (d) are responsible for the distribution of IO Water to the irrigable areas
downstream of the master or individual meter; E are solely responsible for the water pressure and
IQ Water system maintenance downstream of the POD.
Reuse shall mean the deliberate application or other use of IQ Water in compliance with the
Florida Department of Environmental Protection (FDEP) and South Florida Water Management
District (SFWMD) rules, for a beneficial purpose by person or a entity authorized to do so.
SFWMD shall mean the South Florida Water Management District.
Supplemental Water Supply shall have the same meaning as Alternative Water Supplies per
subsection 373.019(1), Florida Statutes. Per Ordinance No. 2004 -31, Supplemental Water is
defined as non - potable ground water, stormwater, or surface water).
Total Major User Allocation shall mean the dependable amount of IQ Water, expressed on an
annualized daily flow basis, allocated to all Major Users based on the amount of IQ Water that
can reliably be made available during the low flow/high demand period, as determined by the
District.
Unincorporated Area shall mean all geographic areas within Collier County not within the
geographic boundaries of any municipal corporation as of June 26, 2003, the effective date of
Chapter 2003 -353, Laws of Florida, a Special Law. In the context of IQ Water and these
policies, allgeographic areas incorporated as a municipal corporation shall thereby be deemed to
be within geographic boundaries of that municipality. Also all areas annexed into a municipal
geographic corporation after the effective date June 26, 2003, shall thereby be classified as being
"incorporated" unless such geogrgphic area, by inter -local agreement pursuant to Section
171_.204, Florida Statutes (as now exists or hereafter amended and /or renumbered by the Florida
Legislature), excludes such annexed geographic area as an unincorporated enclave and, being an
inter -local agreement enclave, shall remain classified as "unincorporated" (not being within the
geographic boundaries of the municipality).
User Agreement shall mean the Basic User Agreement or the Major User Agreement, or both
Agreements, as applicable.
User shall mean any recipient of IQ Water such as a single family homeowner, golf course,
homeowner associations, condominium associations 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, corporations, or owner(s) of developed property.
Water Resource Caution Area shall mean a eg ographic area identified by a water management
district as having an existing water resource problem or an area in which water resource
problems are projected to develop during the next 20 years.
Wastewater Director shall mean the District individual responsible for the technical and
operational activities of the District's IQ Water program.
SECTION FIVE• OF S VIC-n.
CONNECTION TO SYSTEM.
Genera4-A. All Users connected to the System shall enter into a User Agreement with the District.
Users with usage greater than .1 MGD must enter into a written Major User Agreement. Users
with usage less than .1 MGD must enter into a Basic User Agreement.
B. Customers in designated service areas may connect to the
System where the ability to deliver IQ Water exists, a*d the District has determined that
sufficient IQ Water is available to be delivered; and upon District approval of a properly
submitted application, ,
as -Am-end-Am. connee-si -on to the system- which is ompliant with all
applicable laws, rules, and regulations. With the Feslait @d WEAef
sexception of the District's Utility Facilities, all Customers will be charged the Hienthiy
reela-iffied- ;AateF fate that has been established by Or-difiaiiee.
14oseA*hhC_P;;nAPt;o;;,;- 4hGV0gF@HHd hOSO hihhGAA1;eVtiA;;8 Shall fiat be prownt. Any hose bibb (spigot of: other hand
epemted conneration) shall eomply with WeAdaAdministrative Code, Rule 62 610.469(2), as amended, and be iffspected
SECTION SEMaA. AUTHORITY 4:0 ADOPT RATES, FEES AND CHARGES. The Board Of C0URt5'C0fHffiiSSi9f1@FS ffia)'by
applicable published rates, fees1 and
charges for the .
asza� delivery of the 10 Water.
C. (i) The District will not add any additional Users to the IQ Water System unless it can be
reasonably determined that IQ Water is available in sufficient quantity to serve such Users, and
the addition of such Users will not adversely impact the ability of the District to deliver IQ Water
to the existing Users. Prior to the addition of any new Users and based on IQ Water Availability,
and at the discretion of the District, existing Major Users will be provided with an opportunity to
increase their Allocations on a pro-rata basis up to an amount not to exceed the then recognized
amount determined by the IQWAR utilization in exchange for the Users consumptive use permit
substitution or offset credits received from state regulatory agencies. �
(ii) The Planned Unit Developments that currently have IQ Water infrastructure, including both
mains and service lines and currently receive pressurized and distributed IO Water service
(Pelican Bay and Pelican Marsh), are deemed to be vested with respect to IQ Water Delivery and
are exempt from the above provision.
(iii) Any state regulatory agency substitution or offset credits earned by the User by utilizing IQ
Water will be conveyed to the District by the User.
SECTION : SIX: DISCONTINUING SERVICE BY EewNa *DISTRICT.
A. A.—The Gouwypistrict may discontinue mwlaimedwater 10 Water service to any
User due to violation(s) of any provisioner of this ordinance,
GouwyFederal,State_, or District regulations, non eaffiplialW@ With ABAd
or policies, or a User Agreement, for non - payment
of b46fees and charges for delivery of 10 Water, for tampering with any
service, for cross - connection with any other water source, or for any reason
when the District finds that may- continuation of service has the immediate
potential to be detrimental to the systemDistricts potable water, wastewater, or
telQ Water utility systems, the environment.. -, or the health, safety, and welfare
of the public.
B. The District will cease and discontinue service until the violating
condition is corrected and all costs due to the cft District have been paid- in full. These costs
may include past due bills and penalties, connection charges, payment for any damage caused to
the sys►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 tui�restored without authorization. by the f)ivis 4010i strict, the
District shall immediately remove the service and mall associated additional charges
will be borne by the User. Authorized service restoration is not
guaranteed and will be made solely at the reasoned discretion of the District
C. Failure to enter into and maintain an executed User Agreement including the
acceptance of all amendments and modifications thereto with the District will result in the
discontinuance of IO Water service.
SECTION SEVEN: ANNEXATION OF DISTRICT SERVICE
WT -PR n * TDTT ^ *T AREAS INTO MUNICIPALITIES.
The annexation of any areas into a municipal corporation after the effective date designated in
Chapter 2003 -353, Laws of Florida, does not remove any such annexed area from the District's
geographic boundaries. If the District is providing any part or all of such annexed area with IO
Water, the District upon such annexation shall not be obligated to continue to supply IO Water to
such annexed area except to the extent that the District is then contractually obligated to continue
to supply such area with IO Water pursuant to a Major User Agreement.
If the District is providing IQ Water to any geographical area and any other purveyor of water or
wastewater service should expand its service area to include such geographical area the District
shall not be obligated to continue to supplyIQ Water to such area except to the extent that the
District is then contractually obligated to continue to supply such area with IO Water pursuant to
a Major User Agreement.
SECTION EIGHT: INTERRUPTED, DISCONTINUED AND FAILURE TO DELIVER
SERVICE.
A. 4:he c;_ The District shall not contractually allocate more IO Water than can
reasonably be made available during the low flow /high demand period as determined by
District. The amount of IO Water available for allocation to Major Users will be determined
as follows:
1. The lowest daily flow of wastewater influent available for treatment;
2. Plus: the daily reliable flow from Supplemental Water Supplies;
3. Minus: the Basic Users maximum month average daily demand
B. The District may interrupt or temporarily discontinue service to any portion of, or
the entire IQ Water System as deemed necessary and appropriate by the
District or as required by
Regulations, as ny regulatory authority or designee.
C. Par. -vio -N T-gN. The District will not be liable for failure to deliver IO Water if
certain situations beyond the reasonable control of the District preventing delivery exist such as
but not limited to: (1) unavailabilitv of source water due to a loss or lack of influent to the
wastewater reclamation facilities; (2) process failure; (3) noncompliant IO Water; (4) equipment
or material failure in the System, including failure of storage or pumping; (5) routine or
emergency System or treatment facility repair or maintenance; (6) Force Majeure incidents or
occurrences that makes it impossible, impractical or limits the abilitv of the District to provide IO
Water.
D. At times, IQ Water demand may exceed the IQ Water supply. During these
events, IQ Water service will be restricted des and apportioned per District operating
protocols.
E. The District has the necessary facilities and capability to augment the District's
System with certain non - potable water resources in order to enhance the application of IO Water
with Supplemental Water for irrigation or other approved purposes. All aspects of the Districts
use of such Supplemental Water to enhance the System, such as timing volumes blending,
distribution, and pricing will be exclusively at the Districts considered discretion. Supplemental
Water shall be utilized for the benefit of all IO Water Users.
SECTION NINE: SERVICE A DDT w A T-i REQUIREMENTS.
A.
By accepting IQ Water service, all Users will agree that the
User (1) has read Collier County Ordinance No. 2008 -32; (2) shall accept the IO Water delivered
by the District on an "as is" basis and will use it only for approved uses on the Users property
pursuant to all local, State, and Federal regulations; (3) shall not discharge IQ Water directly
the waters of the state without written authorization from the SFWMD and the FDEP which
written authorization shall be submitted to the District prior to discharging directly into waters of
the state; (4) shall be responsible for the payment of the rates fees and charges as adopted by the
District for the provision of IO Water service per Ordinance No. 2001 -73• (5) agrees that the
District has the authority to impose conservation -based rates and/or interrupt service to
customers that use IO Water in excess of the Allocation or IO Water Application Rate of the
respective User; (6) undeFstands that due to the gempositien of 10 Wa*F, -it is fiet suitable fef
agrees that the District will not be held liable for
damages that may occur to vegetation or other damages that may occur due to uses of IO Water;
and ( 97) agrees to defend and hold harmless the District from allany claims and judgments
arising there4em- aiainst the District l Xfrom any person or entity as the result of the User's
application of � IQ Water to the User's property.
B. No new connection to the System or intended use shall be permitted without an
executed written User Agreement between the District and a User. Users without existing or
expired User Agreements must enter into a User Agreement upon the request of the District in
order to continue to receive IO Water Service. Any User that fails to enter into a User
Agreement with the District will have IQ Water Service discontinued within thirty (30) days after
written notification by the District to the User of the District's intent to discontinue the User's
service.
C. Approvals from all relevant regulatory authorities and the District shall precede all
connections to the System. IO Water service will be discontinued if User does not comply with
all applicable rules, laws, and regulations for the application of the IO Water
D. Users of the IQ Water shall consent to the reasonable entry upon the property
using IQ Water or property containing any portion of the System infrastructure owned by
District. Such entry shall ordinarily be for the purposes of reviewing the he operation and condition
of the System, for inspection of infrastructure, sampling at monitoring wells or meter reading_
User also consents to the
District's employees or District's representatives conducting ag-cross connection inspections
P@rmittod or F@quiF@d by the OFdifimee' and waiving a)4-, or site compliance inspections that may include the
operation of private IQ Water facilities, such as private irrigation systems At the request of the
District and as a condition of service, Users shall consent to the reasonable installation sampling,
and maintenance of monitoring wells associated with the System The User waives all rights to
receive a�further notice from the ypistrict of sentries conducted pursuant to this
Ordinance, and indemnifies the District, its agents and employees from any and all claims,
damages, judgments and expenses incurred by the District as &4iwAthe
result of the use s Users discharge or use of fveiaifnedwateF by the raustefnerlQ Water in violation of any
of the terms of this Ordinance or applicable laws, rules eaor regulations.
E. Applicants shall at its sole expense, obtain and fulfill all requirements of all the
necessary permits licenses conditions, and approvals for any construction and operation of the
Users IQ Water system.
F. IQ Water Service will be provided to Applicants as described in the IQ Water
Policy.
G. Any and all adjustments to Users IQ Water system required by changes in law
shall be completed within the time period defined by the regulatory authority requiring such
changes at the Users expense.
H. 10 Watof may be used foF non iivigation . The District will eentinue-te
recognize that portions of IQ Water may continue to be used for environmental mitigation
purposes. IQ Water may also be used for non-irrigation purposes, such as air conditioning
cooling towers. Non - irrigation uses for reglaimed-wIQ Water must meet all of the requirements
Hof 62 -610 F.A.0 and be approved by the District. All cooling towers will be required to
haveinstall a redundant connection to another water source and applicable backflow prevention
equipment.
SECTION TEN: METER REQUIREMENTS.
All connections to the System shall be metered. At the time of connection of the Applicant's
property to the System, the Applicant will be responsible for the full cost of installation of the
meters and all appurtenances thereto (collectively referred to as the "meter ") and such facilities
shall be dedicated at no cost to the District in accordance with applicable Collier County
Ordinances. Replacement meters will be installed by the District at the District's discretion and
expense. Costs associated with meters replaced at the request of the User or Applicant for a new
service will be paid for in full by the requesting party and be dedicated at no cost to the District.
A. The District shall install new meters less than or equal to two (2) inches in size.
Associated costs for the meter and its installation will be paid by the User per Collier County
Ordinance No. 2001 -73.
B. New meters greater than two (2) inches in size will be installed by the Applicant
in coordination with the Districts regulations. The Applicant must submit an application for an
IQ Water meter and install the meter in accordance with District requirements and specifications
under the direct physical supervision of a District representative. All costs associated with the
installation of the meter to include District expenses will be paid by the User. Any User that
connects to any part of the System without direct physical supervision by a District
representatives will have all IQ Water service then being provided immediately terminated.
Upon the finding of an improperly or unauthorized meter installation will constitute a violation
of this ordinance and shall be subject to all fines and costs in addition to the penalties as set out
herein.
SECTION ELEVEN: METER REQUIREMENTS.
MprMin-
sgcT -ioihi T-w Ei vim. CROSS CONNECTION CONTDOi ,CROSS CONNECTIONS
PROHIBITED.
A. A:No Cross - Connections shall be permitted. Any cross connection constitutes a
violation of this ordinance and shall be subject to fines and costs as identified in
Collier County Ordinance No. 2001 -73.
A-.B. On all properties where reslairied -wate 10 Water service is provided, the public of
e -water supply shall be protected by an approved backflow protection device as specified in
sHPeffieded.the Collier County Ordinance No. 2008 -32.
IBC. B—To determine the presence of any potential hazards to the Districts potable was
sor IQ Water Systems, the District shall have the right, but not the duty, to enter upon
the premises and test the private irrigation or other system of any custeme User receiving FOGIaimed
water.IQ Water for the purpose of performing cross connection inspections.
D. .If a cross connection is found,
the District will immediately terminate IQ Water service to a User upon confirmation of a cross
connection with potable water lines by verbal notice with a written, detailed writing to follow as
soon as practicable. IQ Water service may be reinstated with associated terms and conditions
whieh ar-ethat will be developed solely at the discretion of the District on a case by case basis.
The User will be responsible for all costs incurred by the District and the User, resulting from the
cross connection. These costs include, but may not be limited to: all potable or IQ Water used,
including all potable water used for flushing lines, and follow -up cross connection inspections
performed by a licensed professional irrigation contractor r a certified
Reclaimed Water Field Inspector as mandated by the District. IQ Water service will not be
restored prior to submittal of a written report summarizing the cross connection inspections as
ith subsequent written
approval by the District.
E. Additional requirements for cross connection control may be further described in
User Agreements.
SECTION TLi7TD_ TWELVE: CONSTRUCTION SPECIFICATIONS.
All use waWf Water connections shall meet the following specifications:
A.—A. Prior to connection, all requirements of the Florida Administrative Code,
R-t"
62 610, as then ameiided, shall Collier County Ordinance No. 2004 -31, and all other relevant
District requirements; in existence at the time of connection, shall be fully met. ,
(30,04) of its
Side Walk tO be OPeR OF VeR6184ed 6A the gFadO 10V01. Th@Se OPefliRgS ef VefltS Shall be
wiebstmeted and of such size as to peFmit an), wateF W N01)' PaSS thFOUgh the OpeniRgS to thO
suxs+c.
B.K. I. SeAR14ce lines shall be as required by the prepeFty semioed, but shall in no ease be ioss than
tho
j. Mains in the Publie, right Of way shall be leeated eA ufiifeFm distanee ffefn thO ewb with
EiiviFefimental PfoteetieR, Rule 62 610, as then amended.
If 1O Water infrastructure is to be conveyed to the
GeaetyDistrict, the va4effwDistrict shall submit 6wAall documents as are normally required
for the dedication of die rip vate facilities to the County, as specified in Collier County
Ordinance No. 97 -17,
C. New above ground hose bibb connections shall not be made unless the User has a
written documentation of inspection and approval by the FDEP as required by 62- 610.469
(3) F.A.C. Such documentation must be received and approved by the District prior to
any such hose bibb installation.
SECTION JN OUR . THIRTEEN: MAINTENANCE BY GU&Tomf�,RUSER.
A. Except to the extent, if any, and
clearly and expressly articulated in a User Agreement to the contrary, the User shall take full
responsibility for the design, construction, permitting, financing compliance, operation,
maintenanc ,and repair of d 01 i WF)'. The
Geonty -the IO Water system downstream of the POD. The District may disconnect toe Water
service to any pfepe#yLser in the event any part of the ifFigationlLsers system and appuFt@aane@s afeis
not being maintained asiFeto the standards specified in Collier County Ordinance- No.
2004 -31. In addition, should the sastome User require laifflOd WaWfI Water at different pressures,
different quality, or in any way different from that which is neFmauy -supplied by the Gem
#3eyDistrict, the User shall be responsible for t#a_y necessary devices for making these
adjustments and obtaining approval from the District. If such changes are
made supplementing the he quality orpressure(s) from the District, the District shall not be held
liable and the User will hold the District harmless from any and all claims for damages to persons
or property as the result of the application of User's modifications to the District's standard
deliN,eFy of IO Water.
B. The User shall take reasonable precautions, including signs, labeling, and color -
coding to prevent confusion between IO Water and other water sources. All costs associated
with the reasonable precautions will be borne solely by the User.
SECTION CQ_T NT4FOURTEEN: DISTRICT MAINTENANCE.
A. A. All facilities that have beenawept@d by the Gount), shall theF@by b@09me the PFBP@f45, of the
Except to the extent, if any, and clearly and
expressly specified in a User Agreement to the contrary, the District shall own and be responsible
for all repairs and maintenance and associated costs for operating the he System upstream of the
designated POD.
B. The District will not own, operate, maintain, or be deemed to be in possession or
control of the Users IQ Water system downstream of the POD unless specified in a User
Agreement.
A-.C_No person shall perform any work, nor be reimbursed for any work, on the
syste:Oistricts System, without written authorization from the Pume. weFIEs DivoiooDistrict prior to
the work being e9fomenee4commencing.
D. u—The EeuntysmI District will make every effort to inspect, maintain and keep its
facilities in good and serviceable repair, but assumes no liability for any damage caused by the
system- tSystem that is beyond the reasonable control of normal maintenance, or doe te siWeAiens no
These situations 4+a44-include, but are not limited to;_
damage due to the breakage of pipes, $eoFdiminished water quality due to unauthorized or illegal
introduction of foreign material into the System by others that is beyond the
reasonable control of the District, or other similar incidents.
9-.E. The District will not provide additional treatment to the IQ Water beyond the
compliance points located at the Water Reclamation Facilities.
F. All senice eenneefiefis „_o .,....hilted F em adding ,.,,e..,;,.a,s *„ the ; gpAi,..,The District has the
right, but not a duty, to reasonably perate /regulate the Users private system afteF being e0flnerated to
the _ ejai ffiOd water systefa. Any USeFS Wishing to add ,.hemi,.,ls ••psfeamif it is found by the District to be
necessary for the health, safety, and welfare of the pein4 up blic.
G. The Users' denial of d0liVOF540 thO irFigatian syst itreasonable access of an authorized
District representative to a property receiving IQ Water for the purpose of conducting any
inspections shall constitute a violation of this Ordinance and may
constitute grounds for the immediate discontinuation of IQ Water service by the District.
SECTION FIFTEEN: USER ADDITIONS OF CHEMICALS.
A. Users' addition of any chemicals to the District's System is strictly prohibited.
A-.B. Any User adding or otherwise placing chemicals into the Users IQ Watersystem
must first install, test, and maintain an approved and appropriate backflow pFetest{effprevention
assembly per Collier County Ordinance No. 2008 -32. All backflow prevention devices must be
tested annually per Ordinance No. 2008 -32. Written documentation for the installation,
maintenance and testing of the backflow prevention device .f-SI
must be provided to the District within ten(10) business days following the installation,
maintenance or testing of the device(s).
The Distr -iet will not a ;.de additional t fe t.ti e t to the Feelaime.d . ,-ato« 1--
SECTION D, B rr E ^ SSEA NT- SIXTEEN• OWNERSHIP BY THE
DISTRICT.
A. No private IO Water facilities will be installed or accepted by the District for
ownership, operation and maintenance, with the exception of certain meters as provided for in
this Ordinance.
B. The District's utility easements and dedicated public rights of way do not indicate
acceptance of or ownership by the District of any User's infrastructure that mu be into
the District easement or right of way.
A C. No District IQ Water facilities will be installed by an Applicant and accepted by
the seufAyDistrict for ownership operation and maintenance., unless the facilities are located in a
dedicated public right -of - way -eF, a County utility easement.Utility Easement (CUE) or a pPerpetual
Utility Easement (PUE). Any new easement shall be adequately sized to accommodate
construction and maintenance of all Feelaiffled wa4eF systmSystem components. No obstruction of
any kind shall be planted, built or otherwise created within the limits of the utility easement or
right of way without prior written authorization from the District.
or- etheFwise emeated within the lifnits of the easement of right of way WMEM4 PFiE)F WFittefl
.,,..1.,...:.,.,.:,.., F . ;Rmo F...... tho A3hl:.. 1x/orkq A .7...:..: �...,.,..
or aeeepted by the County, Shall thffeb5' beeOffi@ the PFOPeft)' Of thO Gffilfit)'. NO POFSOR shall, by payment
thOir PF9Pel45' 60MRSMAd- thP-F@tA- fiff Fsplaimed waler sep4pe ayewdmpe with this QFdiflafiee, a.,; amended
of: superseded.
D. If IQ Water infrastructure is to be conveyed to the District, the User shall submit
all documents as are required for the dedication of private facilities to the District as specified in
Collier County Ordinance No. 97 -17.
E. When new User IQ Water infrastructure is conveyed to the District, the User shall
comply with Collier County Ordinance No. 2004 -31.
SECTION SEVENTEEN: USERS IQ WATER SYSTEM.
A. The Applicant shall, at its sole expense, construct all necessary on -site IQ Water
system facilities such as pipes, storage facilities, and drip, spray or sprinkler facilities. The
Applicant shall, at its sole expense, construct all necessary transmission mains; re -pump stations
and annurtenant improvements for transmittine IO Water from the District's Svstem to the User's
system.
B. Users may apportion their monthly charges paid to the District for feek4med
irFieatieti-slO Water Service to its internal users, pursuant to Collier County Ordinance No.
2001 -73.
SECTION EIGHTEEN: LIABILITY
A. The District shall not be liable for any claims for damages to the User's property
or persons thereon as the result of the use of District IQ Water, provided that the IQ Water has
been treated as required by all 1 applicable federal, state, and local rules, laws, and regulations.
B. The District shall not be liable for any claims for damages to User's property,
vegetation or persons thereon as the result of a failure to deliver or supply IQ Water per the
requirements, terms and exceptions contained in this Ordinance.
SECTION NINETEEN: CONSTRUCTION AND SEVERABILITY
The provisions of this
Ordinance
B. The denial of aeeess to an autheriiwd agent of empleyee of the Geunty to any pFepef4y
eMinanee Shall AF-Mq�t44-4R- -R iOFI Of this eFdiflanee and Shall be grounds f4 the if"Mediate
SECT-i:aN PAIE''14TV- 11.4 nri TTV AN-P INOENOUTv
shall be
liberally construed to effectively carry out its purposes in the public's interests ,e#
die assess:
SECTION TII F -4s1TV ONE., r A SSEMLTTT PECK A TIONS
f health, safety, welfare
and�or convenience.
S'Eb`TIAA UTURP.7• CUSTOMER'S GAI SITE REA TCE CVCTEM
Th@ applieaflt Shall, M ltS @XP@RSO, 6ORSONOt 811 1WOOSSA ' efl Site FOUSO fand a tips such a
appliepAt shall, at its expeRse, raeffiRtRuPA R-11 RA-Ps- Safy tFaRSFRiSME) fflp stations and
te the appliGant's site.
S�!`Til17T T-MIETTTV LOURT CONE T!`T OiD CL'[ ERIBTT iTV
shall apply. If any section, phrase, sentence or portion of this erdinaaeeOrdinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a- separate, distinct, and independent provision., and such holding shall not affect the
validity of the remaining portions of this A-- ainaneethereof.
08/09/2012 Version 16 Ordinance DH JB RO DK RPM DK DMO DK
1 1 SECTION TWENTY-: INCLUSION IN THE CODE OF LAWS AND
2 ORDINANCES.
4 The provisions of this article shall become and be made apart of the Code of bawslaws
5 and Ordinances of Collier District, Florida. The sections of the eFdiflaaeeOrdinance may be
6 renumbered or re- lettered to accomplish such., and the word a "ordinance2" may be changed to
7 2 "section°, "article"L or any other appropriate word.
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
SECTION TWENTY ONE: PENALTIES.
Unless another penalty is specifically provided for herein, any person who violates any section or
provision of this Ordinance shall be prosecuted and punished as provided for by Section 125.69,
Florida Statutes. Each day the violation continues shall constitute a separate offense.
Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the
violation of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier
County.
SECTION TWENTY 8Ix--.TWO: EFFECTIVE DATE.
This Ordinance shall become effective uponMreipt of notice that thiS 04nance has beenbeing duly
filed with the Secretary of the Department of Stat ,
PASSED AND DULY ADOPTED by the Board of District Commissioners of Collier
District, Florida, on this the day of , 241-22013.
ATTEST: BOARD OF DISTRICT COMMISSIONERS OF
DWIGHT E. BROCK CLERK COLLIER DISTRICT FLORIDA AND AS EX
OFFICIO THE GOVERNING BOARD OF THE
COLLIER DISTRICT WATER -SEWER DISTRICT
By: By:
Deputy Clerk FRET' W COY4 'GEORGIA HILLER, ESQ.,
GR ^ IR r ^ NCHAIRWOMAN
Approved as to form
and legal sufficiency
Assistant District Attorney
Page 23 of 23
Collier County
Water -Sewer District
Irrigation Quality Jj_Qj Water Policy
8 -10 -12 Version 16 Reclaimed Water Policy DH JB RO DK RPM DMO Comments
2012
CC W -SD Irrigation Quality Water Policy
Document Control
Version /status
Date
Change
Author
Working 4aft
20 July 2007
Format revision
Beth Johnssen, IQ Water Manager
Peter Lund, Operations Analyst
Review Dr ft
10 August 2007
Amendments various
Beth Johnssen, IQ Water Manager
Peter Lund, Operations Analyst,
IQ Water Policy Team
Review Dr
ft
23 August 2007
PUD, Administrator approval
Beth Johnssen, IQ Water Manager
Peter Lund, Operations Analyst,
IQ Water Policy Team
Version 1
21 September 2007
BCC Approval
Beth Johnssen, IQ Water Manager
Peter Lund, Operations Analyst,
IQ Water Policy Team
Version 2.@
September 2012
Update and Standardize to
Restated IO Water Ordinance
Danette Kinaszczuk. Reuse Manager.
Project Delive 'ream
Version 2. ,
September 2012
PUD Administrator /CAO
A roval
Danette Kinaszczuk. Reuse Manager.
Project Delivery Team
Version 2.
October 2012
Existing Major Users
Recommendations
Danette Kinaszczuk. Reuse Manager,
Project Deliver 'Team
Version 2-1
November 2012
DSAC Review and
Recommendations
Danette Kinaszczuk. Reuse Manager,
Project Deliver y "Team
Version 2. ,
December 2012
13CC Approval
Danette Kinaszczuk. Reuse Manager,
Project Deliver , Team
6/18/2009 2 of 22
CC W -SD Irrigation Quality Water Policy
CONTENTS
SECTION 1
MISSIONSTA 1 EMIX I ............................................................................. ..............................4
SECTION 2
INTRODUCTION..................................................................................... ..............................4
PURPOSE OF I Ii )!! " (TIiE IQ4 WATER 140gfaffi
PROGRAM................................................ ............................... 5
VISION................................................................................................ ..............................6
SECTION 3
10 WATER GUIDING PRINCIPLES
.................................:.................................................. .................::
. —:..:: -............. ....>..>.................................. .............. >................
8
SECTION 4
DEFINITIONS....................................................................................... ...............................
8 ......................................................................................... .............................10
SECTION5 ................................».»..»....................».»....»..»,.» ........................... »..»
„ i I E; 1kt EIS} Fe :.............— :.::......................:... ..............
IQ WATER POLICY. .14
COMPLIANCE....................................................................................... .............................14
IQWATER SERVICE AREA .................................................................... .............................14
BENEFITS TO AE,1., DISTRICT CUS TOMERS ............................................... .............................14
SEPARATE COST AC`,C;OI.JNTING. .15
GENERAL IQ WATER DELIVERY AND SERVICE PRIORITIZATION ............. .............................15
EXISTING CUSTOMER IQ WATER DFi.,IVERY AND SERVICE .................... .............................16
FUTURE CUSTOMER IQ WATER D.I?.I..IVF.RY AND SERVICE. PRIORI ITZATTON ....................... 16
6/18/2009 3 of 22
CC W -SD Irrigation Quality Water Policy
_FAIR AND REASONABLE lkkfity ...... ..... ::......................:r.: —.. .. - -. —. :,............:
46RATF',S ............................................................. .............................17
NON IRRIGATION USE OF IQ WATER ....................... 19
_ CONSERVATION ..................................................................... ...............................
4.819
EDUCATION AND OUTREACH ............................................. ............................... 19
OPERATIONAL GUIDELINES ...................................... ............................... 19
SECTION 6
RECOMMENDATIONS &AND CONSIDERATIONS FOR MASTER PLAN DEVELOPMENT
...,,,,,.... A.. 21
........................ .....:................... --.. ........ ?X-
NEAR TERM(2013 -2018)
21
LONGTERM (2018 -2038) .............................. 22
CONSIDERATION FOR MASTER PLAN
DEVELOPMENT...................................... .............................22
SECTION 1.
MISSION STATEMENT
The Collier County Water Sewer District (District) is committed to preserving and
conserving valuable water resources by reusing, a wastewater treatment by- product and
alternative water sources to meet the water resource needs of its customers in an economic
and environmentally sustainable manner.
6/18/2009 4 of 22
SECTION 2
INTRODUCTION
CC W -SD Irrigation Quality Water Policy
The Go District 'rX14 SVr- recognizes the need to conserve our
limited high - quality freshwater supplies in orde In addition to complyinu with Florida
Statutes and Administrative Rules the IQ Water Program has the potential to meet the
€nrrirrigation demand of the District thereby conserving our limited high
quality freshwater supplies for potable use. As the demand for water:44ie continues to
grow, through the addition of supplemental supplies and influent derived from population
growth, the IO Water, program has the potential to increasingly offset the use of potable
water a by ° r - utilizing IQ Water for non - potable water
d a e -t1 i "e*64 - "� uses such as irrigation. thereb , providing economic and
environmental benefits. as
,.
The CGM-- SDDistrict's IQ wa efWater program will continue to evt4ve?change as the
population grows d, IQ watteWater supply increases: 44 e�,and as changes in law
and technology occur. As a result the policies and assumptions of this plan1Q Water Policy
(Policy are expected to
alt +v ,evolve as technology, conservation methods and additional alternative water
sources become available and viable.
References to Federal, State and local rules and regulations are those in effect at the time of
the Policy adoption and may be amended or revised from time to time by their respective
legislative body, and are hereby incorporated herein by reference
Purpose of i io*4 t bi -{the IQ) Water Program
The District's strategy for developing and maintaining the IQ tWater program can be
organized into the following categories:
Wastewater Management
l'3-- _-- rat +ire
IQ Water offers an environmentally sound manner for managing wastewater that
dramatically reduces environmental impacts associated with discharge of secondary treated
effluent. Section 403.064 F.S. encourages local governments to implement reclaimed
water reuse projects and places limitations on deep well injection and other forms of
effluent disposal. Rule 62-40.3 10 (d)_F.A C establishes the mandatory reuse program
which rpAulres water management districts to advocate and direct the reuse of reclaimed
water as an integral Dart of water and wastewater management programs.
Surface Water Management
The use of IQ watefWater, in conjunction with the Aquifer Storage and Recovery (ASR)
arc ),gr -, Program, contributes to surficial aquifer recharge, which supports wetlands,
enhances environmental quality., and promotes sustainable surface water management_
6/18/2009 5 of 22
CC W -SD Irrigation Quality Water Policy
Additionally, the use of surface water captured during wet weather flows may reduce
nutrient pollution, improving local water quality.
Water Supply Management
- --Reclaimed water is a key component of Florida's regional water supply plans for water
resource management. The 2010 Florida Legislature amended Section 373.709; Florida
Statutes to expressly include reuse utilities as participants in the Regional Water Supply
Planning process, (Ch. 2010 -205, � 50, Laws of Fla.). Reclaimed water strategies in the
Lower West Coast Mater,Supply Plan include such treasures as further development of
urban reclaimed water systems, reclaimed water system interconnections, and ASR for
storage and groundwater recharge. Reduced withdrawal of raw water through use of
reclaimed water will extend the lifetime and sustainable capacity of the District's potable
water supply, treatment, and distribution systems, thereby offsetting or delaying capital and
operating investment needed for the development of additional potable water supplies,
benefitting all District customers.
Education, Conservation= and Legacy
Weather and population are seasonal in Southwest Florida, which means, that
resulting in exceptionally high demand for and
limited supply of reclaimed water during the _dry season. Aquifer replenishment is
dependent on rain levels during the wet season, which can vary significantly from year to
year and in recent years-l+a have been below average. w Ii the mofeSimilar to other
arid ° ;crr e- states we-Neogoize. such as California Texas and Arizona the District
recognizes the need to find alternate means, of r-eduei4igmethods to reduce the
deman demand for all types of water ' • irFigation pufpeses.. Educational programs that
encourage ggeiiei'a1 water conservation will raise awareness that water is a limited resource,
and by not conserving water we are in danger of limiting the potable water availability for
future generations.
Vision
The vision for the IQ water- -progfa Water Program after 14 e. e-uta0nimplementation of
the may include
some or all of the following scenarios:
• -A-ll- of=theThe larger public :yitesproperties in the C'{: WSI3'- tiDistrict's service area
are efficiently irrigated using IQ watc4: Water. This includes all large parks,
smaller -fa:- roadway medians, all public schools and colleges, and governmental
facilities, where Q' - to +� � i logistically and economically feasible.
—Many private . .,•properties with large landscapes are also efficiently irrigated with
IQ watefWater, particularly where th;;-fre- a- no permitted ground water sources are
available., and the site is in . ` _ ' .-logistically and
6/18/2009 6 of 22
CC W -SD Irrigation Quality Water Policy
economically feasible. This includes large 4Peecommercial complexes, btisiness Pad ;
churches, private schools, and golf courses --and_
• - --- Alternative use of IQ waterWater, such as groundwater recharge, car washes, and
air conditioning cooling towers, or other water - intensive industrial wie.uses.
t- w-e4w- r� pt-ox' , . .
• iQ t
IQ Water used in new commercial buildings and m Wmky
for a range of non - potable uses, such as flushing toilets,
ft�er�tzt+rat decorative water features and washing vehicles.
Ht+"+L'44WAn IQ Water System with
sufficient supplementation by alternative water sources so that all wastewater effluent is
utilized throughout the year.
• An ASR system that is charged by supplemental sources such as storm water and
reclaimed water.
Although it is feasible through existing technology to use IQ Wfttt- (Water for potable uses,
the ('(r W S 'sDistrict's strategy does not incorporate this element hk, '' _ . flle
distribution "Stef+i 1" . e of
po#aE're Iii kval -r -R�-- &ides- !n*ent
'J
-' e+4d-t=- Hsupplementation by 2037. A more expansive use of IQ ietaer C,c Water
can be envisioned.- t1e ,4ew dig -iw. vision is realistic given current assumptions about the
evolution of Florida Department of Environmental Protection FDEPJ South Florida Water
Management District (SFWMD r+r :; t 7 e WW.lv�, and
_'_=II =S District regulations, policies, and investment ( commitments.
6/18/2009 7 of 22
CC W -SD Irrigation Quality Water Policy
6/18/2009 8 of 22
to
alef is
60FAFAitted yam`
Water--A the
—A-11'eveF
.+t,
PfOH401*1Hg t1se of
possible
eonsisten,
6/18/2009 8 of 22
CC W -SD Irrigation Quality Water Policy
IQ Water supply is based on wastewater influent and supplemental supplies and is therefore
a limited resource. Due to lack of availability, the vision does not include distribution of IQ
Water to every customer or street within the District. Nonetheless, this vision will require
installation of IQ Water mains reaching many different areas within the District that are not
currently n place.
6/18/2009 9 of 22
CC W -SD Irrigation Quality Water Policy
SECTION 3
IQ WATER GUIDING PRINCIPLES
This '-r - Y` F ter- Policy is intended to provide structure for the beneficial euse
of IO Water by ensuring the optimum petable water-utilization of tithe limited +-water
resources. Not all water Ali_- =Flay- -Reuse applications have the same level of
desirability. As encouraged by the Florida Department of Environmental Protection (FDEP)
in 62- 610.100 (11 ) F.A.C. and noted in the Reuse Work Group's Report for the Water
Conservation Initiative, to increase the efficiency and effectiveness of water reuse: Reuse
applications having, high potable quality water offsets or high recharge fractions offer the
greatest potential for water conservation and wise water management. Therefore, the
following guiding principles af+_ t .shall assist the CGA,` I3District in providing 10 Water to
pfovide IQ water- te ,Users in a fair - l-. economically and environmentally,
sustainable manner. All User Agreements for Delivery and Reuse of 10 Water shall be
consistent trtat*rwith these principles.
•
—__-The strict will create and maintain an IQ Water Master Plan to govern
capital and operating program elements.
• — -The GCAV -.'-,I,)District will establish a defined IQ Water System_tS ystem Service
Area in order to effectively plan for the capital and operating needs for providing
service and identifying the customers to be served.
—The IQ Water System will benefit all GGJ4, ;VDDistrict
customers.
• 7 At' 4Q v rater-- by prioritizing new Users, such that IQ Water will be first made
available to public facilities such as medians, schools, government facilities etc.
• All IQ Water facilities and infrastructure will be designed, built, operated, and
iny4enfeffled-maintained in compliance with all applicable i 1 'Federal, State, and
local rules and re ulations,
g
-- --The E- ',:' : District will financially account for the IQ Water—'—,,,Program by
tracking operating and capital revenues and expenditures of the IQ P141ter-Systern
separately from a c r tin � f� 1 1e w rt t- operating and s ter--: Ys; , tom.
• - .= .�13�r�= t 7€capital revenues and expenditures
of - ►rfir its tErr 1�i1 /tit eisti... �trt+a�tal
:the Potable Water and Wastewater Systems.
• —. All future Q-d1 e-r, •Users will be responsible for their allocable
cost of extending and connecting to the t'sQ District's System.
6/18/2009 10 of 22
CC W -SD Irrigation Quality Water Policy
• All existing 8 Users will be responsible for their
allocable cost of operating, maintaining, and replacing ( +f the
e*fDistrict's System.
--- -The E;t = District will establish and publish rates, fees,, and charges that are
reasonable, fair, and adequate to recover the allocable costs of the IQ -Watr r
Este System. Rates shall be sufficient to recover system operation maintenance
renewal, enhancement, and replacement, debt service and any other costs or
requirements of the District and shall be distributed proportionately by level of service
among the IQ Water Users receiving service.
• — The (.'.t W- SODistrict will allocate an IQ- "-tej�a quantity of IQ Water to Major
Users based on an IQ Water Application Rate of up to 4-one inch per week "of
irrigable acreage, expressed as an annual average daily flow to e, - ej =:and
availability.
• - -The C �' District will promote conservation of IQ ivate, Water and provide for
maximum conservation ofpoMh alI water resources on a cost effective basis. To
ensure conservation of 10 Water, methods such as conservation rates and irrieation
restrictions may be established and applied when circumstances dictate and are adopted
by the District Board.
6/18/2009 11 of 22
CC W -SD Irrigation Quality Water Policy
6/18/2009 12 of 22
CC W -SD Irrigation Quality Water Policy
SECTION 4 -
DEFINITIONS
These are special usage definitions that may be used throughout this pa ieATolicy
document. 4ef-e Ira phrase or word doesis not e: ,,4deflned, standard usage will apply.
-- Allcacad�pipr:cAlloeation shall mean the amount of
IQ allocated to a Moor User through an of-&-e
executed Major User Agreement. The Allocation will not
xeted --be Rreater than the amount calculated based on the irrigable pervious surface of
the Applicant and the IQ Water Application Rate-applied
a1 "li4+*4i4 t. } ,expressed in million gallons per da (y MGD) and delivered over a
twenty four (24) hour period.
Applicant shall mean any propeM owner or owner's agent (written evidence is required of
Designated Agent's /Officer's authority to execute legal documents for property owner)
person or entity that is requesting IQ Water service from the District for their use or on
behalf of an IO Water User and is authorized to enter into a District User Agreement.
Approved Backflow Preventer shall mean a mechanical assembly that has been approved
to prevent backflow and back - siphonage to the Districts water systems including the he IO
Water System.
Available IQ Water shall mean an amount of IQ Water, above and beyond the existing
demand during the high demand /low flow period, as determined by the District.
Basic User shall mean an IQ Water User that uses less than 0.1 MGD of IQ Water
expressed on a twenty four (24) hour now basis. This classification of User must enter into
a Basic User Agreement. Basic Users may receive Pressurized or Pressurized and
Distributed service.
Basic User Agreement shall mean a written contractual agreement between the District
and the Basic User throul;h which the Ims identifl d as being aN,ai lab
1�
gk ted - b;f at tic °yes —Basic User at rees to abide by all rules and
regulations pertaining to IO Water use. These agreements are reauired by the State Der
Section 62- 610.320 (l)b), F.A.C.
Board of County Commissioners of Collier County Florida (Board) shall mean the
governing body of Collier County as the ex officio Governing Board of the Collier County
Water -Sewer District.
Bulk Service C t k1oE I-+ 1-1 -ti apa- tv
ell �-lieawt
Aquifer -Staar a..d.._Reeoviery...(:A'-- iR).._
(lilt il g...WeRt. - be - -pu€ ped 13x31 ....t�rtl t>laa thhr��ttyl tle at ...� 11
for t+ during--de s:
6/18/2009 13 of 22
CC W -SD Irrigation Quality Water Policy
Bulk ser-viee Customers 1411 Ir,
. shall mean a service level in
which individually metered eus efs l cca
11'r-ovide on their site. eastemef owned alld maintained jift44of-a,,�
X 4iowT
is intefniptible
�?
-gt*ef1al1y- -Users: (a) have a Maior User
Agreement for Delivery and Reuse of IQ Water, (b ) receive service that may be provided
with minimum pressure.
-, (c)agree to receive a IQ Water Allocation on an
annualized daily basis throughout the calendar
ter-:
.
a # -ex ec tla uliE ate* l- i -4y44e4t any
---------- - .... - ..... -- Aye ear, (d) provide IQ storage facilities on their property(e) are
responsible for their IQ w4ef Water system al beyond the District's designated poin�Point
of Ele�
UN in eNeess of' 100.000 gallons
-- - :,1eehelivery, and (f) agree to use IQ wed Water in lieu of CF =y
-
+
potable water for irrigation or their{ et fFentother permitted ;fuses.
aapp4t -n t I- wad -Use peg-
tar ,t ,delqoei! i tatl
Collier County Water -Sewer District (:'
di4.f District) shall mean the Independent Special District within Collier County that is
defined irt+lieby Special Act, Chapter 2003 -353. Laws of Florida; as such Act may
amended from time to time.
Cross- Connection shall mean anv phvsical arrangement wherebv the District's public
water system is connected, directly or indirectly, with any other water supply, sewer, drain
conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may
contain contaminated water, sewage or other wastes or liquids of unknown or unsafe
quality, which may be capable of imparting contamination to the public water system as
the result of backflow. By -pass arrangements, jumper connections, removable sections,
swivel or changeable devices, or other temporary or permanent devices, through which or
because of which backflow could occur are considered to be cross - connections unless
otherwise specified within this Policy or other related District documents.
Customer shall mean an IQ Water User that is physically connected to the IQ Water
System and has a real and present availability for service (Delivery of IQ Water) regardless
of actual use and shall include both Basic and lost# -Major Users.
FDEP shall mean the Florida Department of Environmental Protection.
6/18/2009 14 of 22
CC W -SD Irrigation Quality Water Policy
Force Maieure shall include but not be limited to acts of God strikes lockouts or other_
industrial disturbances, acts of any public enemy, wars blockades riots acts of armed
forces, epidemics, delays by carriers inability to obtain materials or rights -of -way on
reasonable terms, acts or failures to act by regulatory �tnd it d-
authorities, or the 1?-14PP-peHi+4 unavailability of necessary resources that are bead the
reasonable control of the District to provide IQ Water to Users
IO Water shall mean alternative water resources other than potable water, available to the
District and shall include: (a) wastewater that has received the treatment established by
Florida Administrative Code, Rule 62- 610.460, currently defined as wastewater
that meets, at a minimum, secondary treatment and high -level disinfection after disinfection
and before discharge to holding ponds or the IQ Water System and (b) Supplemental Water
Supplies such as ground or surface water. IQ Water may also be referred to as reuse water,
effluent water, or reclaimed water.
IQ Water Application Rate
cl+-- -f)-_- -- weeR---- r)n{IOWAR) shall mean the irrigation application rate generally
recommended by the Water Management Districts and adopted by the District current
three - quarters to one inch per irrigated acre per week As an example a User with a ap rcel
of land that has 100 acres of irrigable ne..,..4
ltd- W;�€e+_:for -epat i 4y- al -lf���
3area, at the rate of 1 -inch per week, will provide a maximum ewe
&Uf ter' pplication rate of 387,900 gallons per day of IQ w Water expressed on an
average annual daily flow basis (100 acres :Yx 43,560 ft2 per acre x I inch per week /12
inches /foot x 7.48 gallons per cubic foot /7 days /week = 387,900 gallons /day). 43...15-60--sq.
C- E fo 7 4 7 . A
IQ Water Ordinance shall mean Ordinance 24 1? -- -2013- which restated
and amended Ordinance No. 98 -37.
IQ Water Gapae y isPolicy (Policy) shall mean this Policy as approved by the ew;tofnef
Board which
outlines the IQ Water ,~ . program in terms of purpose, vision,
mission, guiding principles, definitions, rates conservation master planning and
operational guidelines. The Policy gives guidelines for the etisteffitf's '
acre optimization of available water resources and meeting the irrigation needs or other
approved uses, of customers in an economically and environmentally sustainable manner,
through _the use of IQ Water.
IO Water Rates shall mean the rates in dollars and cents charged by the District for I
Water service as established by the Board in Ordinance Number 2001 -73 as maybe
amended or superseded. IO Water Rates shall be reviewed on an annual basis to ensure
adequate revenues for District system operation, maintenance, and renewal, replacement,
enhancement and debt service costs.
IQ Water Service Area shall mean the geographic area
within the Collier (4
6/18/2009 15 of 22
CC W -SD Irrigation Quality Water Policy
Nap ls District boundary where IQ wet Water is or will be furnished in accordance with
the prioritization and decision criteria included in this -po4 --y Po- lice and subsequent master
plan.
IQ Water System (System) shall mean all District owned elements
that function to convey and distribute IQ Water including all land and easements buildings
and structures transmission and distribution pipes reservoirs supplemental water supply
production and pumping facilities, ""metering equipment, equipment and machinery, and
other appurtenances deskgnedl
4eF. upstream of the POD necessary
to provide 10 Water to Users. The System does not include Deet* �. *_^ ' -,11 the deep
injection wells used for wastewater effluent disposal- located at the Water Reclamation
Facilities.
10 Water User (User) shall mean any recipient of IQ Water such as a single family
homeowner, golf course, homeowner associations condominium associations 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
corporations, or owner(s) of developed property.
Maior User shall mean an IQ Water User that uses or has an allocation greater than or
equal to 0.1 MGD of 1Q Water expressed on a twenty four (24) hour flow basis This
classification of User must enter into a Maior User Agreement and may receive Bulk or
Pressurized Service levels.
Major User Agreement (MUA) shall mean a written instrument between the Major User
and the District, by which the Maior User agrees to abide by all rules and regulations
pertaining to IQ Water, designates a minimum Allocation, designates a. Point of Delivery,
designates areas where IQ Water will be used, and other contractual obligations These
agreements are required by the State per Section 62- 610.320 (1) (b) F.A.C.
Master Meter ,shall mean a radio read or
other water meter that measures the total gallons of water that flows through such meter to
measure the cumulative water being served to a specific project, development or portion(s)
thereof and which has many separate end users being served by such master metered water
(as distinguished from a water meter that measures flow of water to separate end use
customers or end use water customer units).
laae�atlr
Non Potable Wa that is
ter- Per- Ordiflanee No. 21111111-4
not stik able —f
stanjaFds es _'ater- as l�tal- watt =;- ,
9
tef 'ma. does not
6/18/2009 16 of 22
CC W -SD Irrigation Quality Water Policy
? at+ eft l tlrr all+
e
. ...... Areek-
t �;...... ttth Avft r t t z t►tl t i� F-� ' �ttti t # f»
S+
MUM
ec� ---r� ti .. �a- - -�t�� kit°- -�+�rt ✓a-
h h
6/18/2009 17 of 22
CC W -SD Irrigation Quality Water Policy
Point of Delivery (POD) shall mean the location where the Districts IQ Water System is
physically connected to the Users IQ Water system and represents where the District's
responsibility ends and the User's responsibility and Iiability begins In Major User
Agreements it will be defined by folio number, and identified in an exhibit In certain
identified Major User Agreements the POD will be where the IQ Water line enters onto the
Major User's property boundary. The POD for Basic Users unless otherwise specified will
be at the point where the downstream section of the meter assembly goes into the ground on
the Users side of a meter.
Pressurized Service shall mean the service level in which Users are (a)
individuallv or master metered; (b) receive IQ Water under pressure at the
POD; (c) are responsible for the distribution of I) Water to the irrigable areas
downstream of the individual or master meter(s); M-agree that the District
will not be responsible for the water pressure and system maintenance
downstream of the POD.
Pressurized and Distributed Service shall mean the service level at which
Users (a) are either individually or master metered: (b) receive IQ Water
under pressure; (c) whose IQ Water System is maintained by the District
beyond the boundaries of the master communityup to the individual or
master meter; (d) are responsible for the distribution of IQ Water to irrigable
areas downstream of the master or individual meter; (e) are solely responsible
for the water pressure and IQ Water System maintenance downstream of the
POD.
Reuse shall mean the deliberate application of IQ Water, in compliance with the Florida
Department of Environmental Protection (FDEP) and South Florida Water Management
District (SFWMD) rules for a beneficial purpose
SFWMD shall mean the South Florida Water Management District
Supplemental Water Supply shall have the same meaning as Alternative Water Supplies
Per subsection 373.019(1) Florida Statutes (Note that per Ordinance No 2004 31
Supplemental Water js non - potable ground water, stormwater, or surface water).
Total Maior User Allocation shall mean the dependable amount of of IQ Water, expressed
on an annualized daily, flow basis allocated to all Major Users based on the amount of IQ
Water that can reliably be made available during the low flow /high demand period as
determined by the DjArict
Unincorporated Area shall mean all geographic areas within Collier County not within the
geographic boundaries of any municipal corporation as of June 26 2003 the effective date
of Chapter 2003 -353 Laws of Florida a Special Law. aw In the context of IQ Water and these
policies, all geographic areas incorporated as a municipal corporation shall thereby be
deemed to be within geographic boundaries of that municipality. Also all areas annexed
into a municipal geographic corporation after the effective date June 26 2003 shall thereby
be classified as being "incorporated" unless such geographic area by inter local agreement
6/18/2009 18 of 22
CC W -SD Irrigation Quality Water Policy
pursuant to Section 171.204, Florida Statutes (as now exists or hereafter amended and /or
renumbered by the Florida Legislature), excludes such annexed geographic area as an
unincorporated enclave and, being an inter- local ajzreement enclave, shall remain classified
as "unincorporated" (not being within the eg ographic boundaries of the municipality).
User Agreement shall mean the Basic User Agreement or the Major User Agreement, or
both Agreements, as applicable.
Water Resource Caution Area shall mean a ;seraphic area identified by a water
mana,ement district as having a existing water resource problem or an area in which water
resource problems are projected to develop during the next 20 ears.
Wastewater Director shall mean the District individual responsible for the technical and
operational activities of the District's IQ Water program.
SECTION 5
WATER POLICY
Compliance
This he sul :
Policy is in compliance a t li m mt -with all 1441 I'Federal, State, and &'A--V ,%4-1 -)local
regulatory requirements.
IQ Water Service Area
The IQ Water Service Area will be contained within the�1Ctn£y —W a
r- District . ,. man, at
- h,, ,
ites... <�r- Avera:ll t +lintcpr _ .: ofall *-ratrlrie within
2 N� i —"e---(,�t raptt4boundaries
to of that olunieipality. Also all areas allne ed
The annexation of any areas into a municipal corporation after the effective date
:ft
Althokigh all mea(s) that iis/aFe annexed into a munieipaj ek.)Fpo Pali on a Rer the e ffi�etiye date
Of that SpeeW 1; - designated in Chapter 2003 -353, Laws of Florida, does not remove any
6/18/2009 19 of 22
CC W -SD Irrigation Quality Water Policy
such annexed area from the f-,GWSDIsDistrict's geographic boundaries-,4' . If the
t"C"WSODistrict is providing any part or all of such annexed area with IQ Water, the
G(=AIS District upon such annexation, shall not be obligated to continue to supply IQ
water Water to such annexed area except to the extent that the C' ;rG -tom )District is then
contractually obligated to continue to supply such area with IQ Water �`
wiggepufsuant to
*"*
apPIie-k-l- t i r �t+� try - +e�� i ( l ayy Es 3 t t +i 1t1UaHtk."'
irit+al }t#�*cit >t'these. }c }I+ie all soh E�t+Iy t+i+�lrg l evte+
L �! .4i F iw+A-S- �Ily to golf eourW4.1,11is
` Pokey shill! r r . apply vl , all g #cua ++lb' f• s
areas
rt th - -Ti "'41e
..
"hotfid e�ipand "Is s.—Vii-6e, area to irielude any geographic ffei'
nv area.
Flefl E=A � pursuant to a Major User Agreement.
If the District is nrovidine IO Water to anv aeoeraohical area and anv other arovider of
water or wastewater service should expand its service area to include such geographical
area, the District shall not be obligated to continue to supply IQ Water to such area except
to the extent that the District is then contractually gated to continue to supply such area
with 10 Water pursuant to a Major User Agreement.
The IQ Water Master Plan will define the pR+pos t4--IQ Water Service Area in mf }re
graPl rg eater detail. -1. - p1aa-o,+ li -I pd
of R" , ate .., ° -e °.- .
6/18/2009 20 of 22
CC W -SD Irrigation Quality Water Policy
Benefit
Benefits to all District Customers
Potable Water Customers—.' 'the Olie of lQ Nvatel: 1'er -t.
ffiay delay
Planned gal i
X,., f""Wk1a. _1_ ion in the developme,91 of Potable Watef supplies 4y
xicli+ldnaal intrint andiw ec::ts.In areas where municipalities
or utilities are responsible for the water supply and wastewater management
consumptive use permits include restrictions on the quantities of water allowed to be
withdrawn. IQ Water used For irrigation increases the amount of water supply available
for potable use. Additionally, the use of IQ Water for irrigation purposes may delay
capital investment that would otherwise be necessary to meet irrigation demand using
potable water and conserve high quality groundwater sources for potable water uses.
• Wastewater Customers — IQ wva-te Water is a 1€ direct by- product of the
wastewater treatment process that, if not -o- 41reused, must be disposed of through other
processes... g , operation, and RteHiMetl
Where reuse is determined to be feasible, Section
403.064, F.S. restricts the use of effluent disposal methods, suelr systems (surface
water discharges, ocean outfalls, and deep well injection) to only backup a.ckup disposal
processes for reuse systems. Reuse of IQ Water is a sustainable disposal method
encouraged by Federal law and reduces operational costs associated with deep well
injection pees. It may also reduce long term capital costs associated with
alternative effluent disposal methods.
IQ Water F=fifwtii +Users — The availability to in-i5-
wiliixiRgof IQ Water at a pR4&,_4cost that is generally more affordable than potable
water provides t4a direct economic E.- dir_",benefit to the eustomeFtJser and
indirectly to all of the eonfn� i :District customers.
In addition to the reasons outlined above, all District customers ei: receive the
environmental t e ,sbenefit of ground water recharge that result from use of IQ
Water. It is the , . e0mmilment to District's foal to
utilize 100% of the effluent derived from the wastewater treatment process as a
principal source of IQ Nviaflef and allengaiiveWater in order to optimize the ground water
resources.
Separate Cost Accounting
The costs a4associated with IQ •Water operations will be identified separately from the
costs of potable water provision costs and from wastewater treatment costs. The IQ Water
operation costs shall include, but not be limited to, personnel services, utilities, chemicals,
repairs and maintenance, contractual services, and other related expenses. A separate and
distinct capital improvement program will be deN,elope4Lnaintained for the IQ Water
System- as- pfe*4dedkin the 41 _14'at r Masllei- 11,18n.
6/18/2009 21 of 22
CC W -SD Irrigation Quality Water Policy
The : separate cost accounting for IQ Water service allows for
the establishment of reasonable, sepaFa ost based IQ Water rates fior
ass--4atedl . Based on the benefits obtained by all
District customers, the IQ Water -,'�"'tern rrooram may be subsidized wits + reT t by other
(potableAvaw-District revenues until IQ Water Rates reflect the actual cost of providing 10
Water service.
The District shall charge and walaei ,*e+ steme}'s.
Users shall nav, the Board approved and published rates and charges to sunmort the
production, availability and providing of IQ Water. All rates, fees, and charges derived
from the IQ Water System wi H beare considered as th e C(2 4"S District operating
revenues and which revenues can beare pledged for payment of all of the
- S[)'� iDistrict expenditures, including ' 4 debt
service attributable to capital project financings for the District's Utility System.
General IQ Water Delivery and Service
In order to provide the maximum IQ Water benefit, IQ Water usage will be based on best
management and water conservation practices.
IQ Water Users shall be segregated into two customer classes: Major Users and Basic
Users. All Users connected to the System shall enter into a User Agreement with the
District.
Basic Users do not have an assigned 10 Water Allocation and are expected to
independently anage their usage based on the IQ Water Application Rate. To encourage
usage to remain within the IQ Water Application Rate quantity, methods such as irrigation
restrictions and conservation rates may be applied by the District to this customer class.
Major Users will be provided an Allocation of IQ Water by the
District based on the IQ Water Application _Rate, and the availability of Uavv-s- �
hO
I Water.
All IQ Water delivered to a User, regardless of the B(-,G to adopt Fates,
x �r the E =W�+1 s -rep is etf watt r sy 1 aiwt -t<-� pfxav-ide- -class shall be metered.
Service availability (connection to the 10 Water System) does not guarantee IQ Water
delivery and the District has the right to restrict or reduce service when necessary in order
to meet District needs.
The District, upon reasonable notice to the effected User, has the authority to impose
conservation -based rates and /or interrupt service to customers that use IO Water in excess
of the Allocation or the IQ Water Application Rate of the respective User.
In the instance of Force Maieure or other situations beyond the District's reasonable control
that limit IO Water availability, the District, upon reasonable notice to effected Users, has
the right to interrupt service per operating protocols.
6/18/2009 22 of 22
CC W -SD Irrigation Quality Water Policy
Existing Customer IQ Water Delivery and Service
All Major User Agreements existing; at the time of the adoption of this Policy must be
renewed to reflect the amended provisions in the District IQ Water Ordinance No. 2-4)"( -2.-
2013- to include the use of a new standardized Major User Agreement and in
accordance with this Policy as approved by the Board. Upon renewal or amendment, all
User Agreements shall be consistent within each customer class and shall be revised to
reflect all of the terms and +ct +kif # prn} arI- ��1lef Ii�m# ;r+a: provisions
then being incomorated in like Agreements by the District for the Delivery and Reuse of IQ
Water, unless terminated by either paqy. Due to IQ Water supply limitations, existing;
Allocations may be reduced upon renewal or modification of existing Agreements per
District operating protocols.
Upon reasonable notice to the effected Users, the District shall have the authority to limit,
prioritize, or interrupt IQ Water service at any time due to Force Maieure incidents or the
availability of IQ Water due to circumstances beyond the reasonable control of the District.
Future Customer IQ Water Delivery and Service Prioritization
The (XA1 s ttal re its - ,!Q water t f"-a .
atel- us'age' C-11, a6eel, ter. gale -a+l flr eltrtt
r-a�Planned Unit Developments that currently have IQ Water infrastructure,
including both oth mains and service lines and that currently receive pressurized and distributed
service (Pelican Bav and Pelican Marsh) are grandfathered and exempted from the
following provision,
The District will not add any additional
Users to the IQ Water System unless it can be reasonably determined that IQ Water is
available in sufficient quantity to serve such Users, and the addition of such Users will not
adversely impact the ability of the District to deliver IQ Water to the existing Users. Prior
to the addition of any new Users and based on IQ Water Availability, and at the discretion
of the District, existing Major Users may provided with an opportunity to increase their
Allocations on a pro -rata basis up to an amount not to exceed the then recognized amount
determined by the IOWAR utilization in exchange for the Users consumptive use hermit
substitution/offset credits.
Any SFWMD substitution/offset credits earned by the User by utilizing IQ Water will be
conveyed to the District.
The District shall prioritize its IO Water service based on: (a) the effectiveness of the water
reuse as recommended by the Water Conservation Initiative Report; (L) the Applicant's
ability to accept and store IQ Water; (c) the availability of IQ Water; (d) the cost of District
infrastructure installation and maintenance; (e) the District's ability to monitor and control
usage; (f) other relevant considerations. The following priorities will be adhered to in
determining the future delivery of available IQ Water.
6/18/2009 23 of 22
CC W -SD Irrigation Quality Water Policy
IQ Water for use by Collier County govern eni)facilities within the IQ Water
Service Area currently utilizing potable or high quality water sources where it can
be replaced by IQ vim:— Water. Envisioned usage is for the following: irrigation
for parks, libraries, medians, schools, government campuses, and limited k+sage-4r
industrial cooling. Government entities and public facilities will e the highestbe
given priority for IQ wattrWater service beeattseas the cost savings directly bene&
'tl benefits all District customers. Use of 10 Water at Collier County
facilities also will serve to further educate the public about the Gk.' value of IQ
Water.
?--IQ w-a4et"Water for use by potable water customers that are considered Major
Users located inwithin the IQ Water Service Area and who will use the IQ
wate as a substitute for existing or future potable or high water use
based on the quantity and effectiveness of ale mater that the IQ Water
application. Applicants that are classified as Major Users will be eonsexved.
' liven priority over Basic Users due to
t- to�rt+r °
re':ulting it1 -the the District's ability to use aviiilable Potable. water-to. t et- e &ther
table Wv+4+0eeffectively manage IQ Water usage, minimize operating
expenses and capital costs.
A4 1Q wak + del+v�e tea a i s #f:
Or feduee sei:N'iee when
Fair and Reasonable Rates
The Florida Legislature has recognized the benefits of Reuse, and has provided guidance in
how Reuse should be priced by the enactment of Section 367.0817(3), F.S. The Legislature
finds that Reuse benefits the water, wastewater, and IQ Water customers that all prudent
costs of a reuse project shall be recovered in rates, and that a utility shall recover the costs
of a reuse project from the utility's water, wastewater or reuse customer or any combination
thereof as deemed appropriate. It also finds that iQ Water should be priced as a commodity
in order to recognize the costs and benefits of Reuse, while not discouraging its reasonable
use, or negatively impacting the utilities' ability to dispose of its effluent.
IQ Water rates will be established by a usage -based rate structure to encourage the prudent
use of the resource.
As deemed necessary tie =`W11 s r1;
6/18/2009 24 of 22
CC W -SD Irrigation Quality Water Policy
'.�;..4Q
'• v 1 the
H'.s4fH4iFE=N + M+ -`.;4
de4i,m W..4totet -� —_ tE
6/18/2009 25 of 22
CC W -SD Irrigation Quality Water Policy
and �Eiii�L ^rzaccric ici?;r:
c
N= District
may ss�1 { -r ittit_ie# ..
Of based on ewstoffleiz aec-o"in,
.
All -appli, a
On the abw,e
- in the dedieated Ems';r1 is
ai- �4.y.io the-extent that sit# tf eient.- aIterna#ive.....water... supply. ts ....avaiiable- 40 ....tl3tet
the req ue
r �
_, .. will be Fes'p—sible f the -,
Ofthe rates. 6ees. and
ellarges as adepted by the fe-t,4�viswll of R-1
A-Fe e+iefits.
..
f't "t}F�Wit..._..ttiiiElrzfi4a� r ...)f t {rii£a�t tat tei'zcisxc�a —it?f� as... - -the
6/18/2009 26 of 22
CC W -SD Irrigation Quality Water Policy
All renew ; --and s shall
rrFteS few
won notice and charges AETte,a hearing, by - the- Ck- A`..1-
tei FHe ° to i i r 11-
A.4_.d .ribed abcly exis4iii.g.. renc� gotim-k n-
s lefm ✓
Cr Ile
exet'EE15 —e .
�4 I1—�'� 'iit'i'i i —�, ca`.i:.c s �tii `s4 frl races r c c� �c si'i Ei31
OF the and
_ 0104-IG-WSP .
"UsterneFs that nse if", Will- in eNeess Ol'the Fe"'L-Fved eapacity assigned
Fair - iif3 it 1l eS
As eTja y t' , an Ordinance or
Resolution, initially adopt and /or cox,go evise rates, fees and /or impose reasonable
conservation usage rates, surcharges, or other rate application methods charges to recover
the allocable cost of providing IQ Water service, to encourage IQ Water conservation, to
allow for a broader distribution of the ew,4offer- IQ Water benefit, and /or to better manage
the available amount of IQ Water. The C 413istrict will recognize IQ Water
ApplieatioH service _levels in the design of such rates, fees and
charges among the various et+stoi'ff 1= � i. service levels.
6/18/2009 27 of 22
CC W -SD Irrigation Quality Water Policy
= iefe -A", - i
ter+al...written Agr enw- t ki.- existelwta....pr +c>r t(�....th , - :'S"tkii -,l nt O#'...1- hest, E>lic► �:
1 t
Agreement
extended
00.x„ � e w.e n4e
To the extent then authorized by Ordinance or B(.—(—Board Resolution, the t. C W`SDDistrict
shall have the authority to impose a eapaeit-yservice availability fee, a connection charge,
main extension fee, meter setting fee, installation and inspection fees, allowance for funds
prudently invested, and /or any other rates, fees and charges that will allow for the recovery
of the total cost of providing IQ wale Water service to its- -eusti*-ner :Users. Such rates, fees
and charges will be based on standard and prudent cost recovery practices designed to
recover the specific costs of providing the IQ Water service.
There will be no free or preferential rate service provided to anv Users unless specificaliv
provided for in a User Agreement or this Policy. Where applicable and feasible as
determined by the District, PODs for existing Users will be relocated to the User's property
boundaries, equalizing maintenance benefits and costs to Users within the same class and /or
service level category
For accounting and rate study purposes the IQ Water System eoc -empa es'shall include, but
not be limited to, the following lkilitiesexpenditures:
_" —The •
sites :'capital and
operating expenses for IQ Water to tlie SVSte+ (1101 iftlWil ",
6/18/2009 28 of 22
_
etjsfom
s,
request
--a—
euFrent
eapaek",
Irl
,
,
To the extent then authorized by Ordinance or B(.—(—Board Resolution, the t. C W`SDDistrict
shall have the authority to impose a eapaeit-yservice availability fee, a connection charge,
main extension fee, meter setting fee, installation and inspection fees, allowance for funds
prudently invested, and /or any other rates, fees and charges that will allow for the recovery
of the total cost of providing IQ wale Water service to its- -eusti*-ner :Users. Such rates, fees
and charges will be based on standard and prudent cost recovery practices designed to
recover the specific costs of providing the IQ Water service.
There will be no free or preferential rate service provided to anv Users unless specificaliv
provided for in a User Agreement or this Policy. Where applicable and feasible as
determined by the District, PODs for existing Users will be relocated to the User's property
boundaries, equalizing maintenance benefits and costs to Users within the same class and /or
service level category
For accounting and rate study purposes the IQ Water System eoc -empa es'shall include, but
not be limited to, the following lkilitiesexpenditures:
_" —The •
sites :'capital and
operating expenses for IQ Water to tlie SVSte+ (1101 iftlWil ",
6/18/2009 28 of 22
CC W -SD Irrigation Quality Water Policy
,
ti =iee-
6/18/2009 29 of 22
CC W -SD Irrigation Quality Water Policy
All s
tal t r vi=ithdfa "Na1
- 1Q—€e+ provision, transmission smand distribution systems,
including District owned above - ground reservoirs, storage tanks, an4
aquifer storage and recovery facilities.
• - t It f1f, tit 1 11 ' . wand metering facilities owned by the GC LSD,
alld Will District including the associated operation and maintenance costs of
such facilities, IQ Water telemetry, communications, and monitoring facilities. The
above - ground storage reservoirs located at the water reclamation facilities are
excluded.
• The capital and operating expenses for all pumping facilities and associated
infrastructure, all Supplemental Water Supply wells and /or surface water
withdrawal facilities and associated Supplemental Water Supply lines dedicated to
the System.
• Chemical costs associated with high level disinfection. Energy costs associated with
distribution including energy costs from water reclamation facilities above energy
costs associated with deep injection.
IQ Water purchased from the District shall be used only for the purposes specified in the
application for service or designated in the User Agreement. Users shall not re -sell or
otherwise dispose of IQ Water supplied by the District.
Non - Irrigation Use of IQ Water
IQ Water will not be utilized for anv uses prohibited by anv applicable laws. ordinances.
rules or regulations
The CO 'SD will c,,winue to reeog cDistrict recognizes that portions of IQ wale Water
may -eo*4 izw to be used for environmental mitigation purposes.
IQ c taftWater may be used for limited industrial purposes, such as air
conditioning cooling towers.
,
ale o !A") Water eustomeF to any as provided for
in the Florida Administrative Code at Section 62 -61 O.Allocations will be alk)Nked --iR
e w tc�- T T mks -;gym?f
flity revenue
autl*)fi determined at the ° ,, sdiscretion of the I'
IxDistrict based on application specific criteria.
Conservation
42
Historically, IQ wat = Water was regarded as a by- product of the
wastewater treatment process- that required costly disposal. Today, -tI Water is a
recognized and highly , . desirable alternative water source which
6/18/2009 30 of 22
CC W -SD Irrigation Quality Water Policy
should be managed as such. Management practices such as conservation -praetiee alai
b d-, pricing, and program resource allocation will reflect that
demand.
Coiit a t�,--All current User Agreements will be reviewed tam -by District representatives
and be modified or renewed at their renewal periods a + r-k rIi+c t¢or as
necessary to encourage conservation. Such modifications may include:
the "'. ^. > '{ +D-am fflple'm'TTL'C}'t't()-
• Revised IQ Y •stew a "oe +w Water Allocation criteria calculations ep r hest
management practices.
• ti+e. i,,-- Operational rain sensors.
• Requirement that ,. sub- surface, drip and other conservation
irrigation technologies are employed, striving for optimum irrigation efficiency.
• -hw—t Requirements for �tt�� r w� Florida Friendly landscaping.
• Irrigation restrictions by the District or other regulatoryagencies,
Education and Outreach
The C EL',.District will provide ti public information
and an education campaign focused on water conservation – ffd- • --
la regulations associated with the utilization of IQ Water, and
cross connection control. When practical, this program will operate as a
joifftcooperative venture between the Wt a +xk Wa {ate+
6/18/2009 31 of 22
CC W -SD Irrigation Quality Water Policy
;District, the incorporated areas of Collier Countv, the Institute
of Food and Agricultural Sciences (IFAS) Extension Office, SFWMD and DFI). ,
eoflmleFeml and .. ,
g best
water use , and Rookery Bay.
Operational Guidelines
The District will plan for the development of regulatory-compliant and reliable public
infrastructure and capital resource management processes that will meet demand maintain
the public trust through critical planning operating procedures and one - hundred percent
regulatory compliance. The District will pursue high quality processes and performance
management to ensure production of the right solution, at the right price and at the right
time.
The District strives to operate the IQ Water program in a manner that will allow
conservation of valuable water resources by utilizing IQ Water to meet the needs of its
customers in a cost effective, environmentally sustainable manner. including:
• Achieving and maintaining sustained compliance with available resources.
• Proactive maintenance of infrastructure to achieve low risk of service interruptions.
• Providing excellent customer service.
• Adhering to o a good neighbor policy by ensuring all projects and activities are
respectful of the needs of abutting; and surrounding neighborhoods for a safe, clean
and non - disruptive environment.
• Operating in a manner set forth in the IO Water /Reuse Section operating protocols.
6/18/2009 32 of 22
CC W -SD Irrigation Quality Water Policy
SECTION 6
RECOMMENDATIONS &AND CONSIDERATIONS FOR MASTER PLAN
DEVELOPMENT
To achieve the mission of conserving valuable water resources by reusing a wastewater
treatment by- product and other alternative water sources to meet the water resource needs
of its customers in an economic and environmentally sustainable manner though an IQ
Water Program, the District shall develop an 10 Water Master Plan that encompasses
wastewater, water supply, and surface water management. Recommendations for the
Master Plan are summarized below.
Near Term (-2##8-2013-2018)
Revise Controets (4mtff+ueLQ Water Ordinance - Review and revise Ordinance 98-
37 to s+P}ala � ' sincorporate conservation measures, current
: rl 1I-ba1, +4- 44} atef as e«n aetetf- regulations, and standardize this Policy and
other current documents. Included in this revision package is the standardization of this
Policy, Major User Agreements, and Basic User Agreements.
Revise User Agreements - Develop standardized User Agreements for Major and Basic
Users. Encourage early renewal to standardize User Agreements. At the time of
et1trac4Agreement renewal /revision, review actual and high demand /low flow water usage
ealetlat -1 incorporate conservation measures, IQ Water availability, and take into
account the IQ watteWater user prioritization spEeifiedas ma be adopted by the fly G.
One ye,
Board.
Irrigation Ordinance Revision- Modif e� Misting Ordinance 2002 -17 to k -F t#w4- ewTe:, +it
include option for restrictions on IQ Of 4
+' n igi l t+ e+ + t d-a Water.
Develop IQ Water Supply--Continue to aggressively pursue supplemental sources of
IQ wiat rWater, such as surface water, and- additional supplemental wellfields and technical
6/18/2009 33 of 22
CC W -SD Irrigation Quality Water Policy
tools to better manage the supply /demand IQ Water (e.g. ASR technology and satellite
.supplemental surface water sources) so that all effluent is utilized year
round and irrigation demand is met
{ ti tit ...I l wrtr......kl�a l ltlE t tc - +rr+l ova+ -use f eAf itt
a-
- - - -- Relationship to Other Improvements -In , . certain instances, IQ wate Water
projects can conveniently be combined with other utility or 4,-re,,4Toad improvements
utilizing a benefit -cost framework. The GGAV District
will consider incorporation of IQ wat Water projects into its routine capital projects
planning, including road improvement projects utilizing a best value approach.
- -- -Rate Structure for IQ Water: _ The District will take
under advisement that IQ waWater rates be increased periodically to
reflect the tratmclnt x +nflIir- ittit3 n�ainte��a+c recovery of all costs
associated with the stS'ystem to the extent that the then existing rates
do not take such costs into account. -AThe rate study may be-4wede4--t<4
ea —
6/18/2009 34 of 22
CC W -SD Irrigation Quality Water Policy
balanee4vtweeffstructure shall take into account the necessity to recover revenue for
,s,-,.,,System construction, operation and maintenance, and the need to provide an
incentive to customers to use IQ -route Water while realizing associated benefits of the
system. Where applicable, a conservation rate structure may be developed to encourage IQ
Water conservation.
- -- Charges to Recover Costs Not Currentiv Covered by IQ Water Rates;--It is
recommended that ad&i fa-Ithose IQ Water costs not currently being recovered from rates
charged to IQ ,Water Users continue to be met through a
combination of wastewater fees and potable water consumption fate ffees charged to all
customers of water and wastewater services:- 4=1+F,+s- until such time that the IQ Water
program is financially self sufficient This is necessary and appropriate due-to-based upon
the broad public benefits associated with the IQ
bef e its or -t I €;} t {er t ti Brat t,& Chest- gfoupf , -Water Program.
-- Conservation and Public Outreach Element _In conjunction with the University of
Florida's Institute of Food eland Agricultural Sciences (IFAS), Florida Golf Course
Superintendents Association (FGCSA), - -- and- SFWMD, FDEP, and Rookery ay; build
strong conservation and education programs to reduce the dependency on both potable and
IQ waw- f=Water. The �(.4)ff y� District will lead by example by reducing landscape
demands for irrigation through alternatives to grass and an improved selection of trees,
shrubs and other plants.
Long Term _ (2018 -2038)
--- -Water Availability --A The long -term goal of the I -.' strict is to increase the
amount of IQ watefWater available, at which time IQ watef Water may be delivered to
water users that are permitted to withdraw fresh groundwater for irrigation purposes;
the -wa -. That user will u then utilize IQ waterWater in lieu of its fresh groundwater
withdrawals:-- n and in those cases where the - ev4em "-user holds 4!- ,- owwwat-et ° -a State
issued consumptive use permit; for their water, the Bull - l"? 0 ate User Agreements
shall require the ewitomef toUser convert usage LmdeF their
permitted capacity to a standby status and /or transfer the t} p< User's capacity to
the C'C'W"SDDistrict for the duration of the User Agreement. (See &finition of, —BoIk
C. La, r
Program Adaptation_ In the longterm, the G–CV01.013istrict should continue to be
#+ linnovative and adaptalrleflexible with respect to the development and
implementation of its IQ Water Program. Substantial evolution will likely occur in IQ
kvateFWater technology, 4tate- regulations, and public perceptions -c # IQ-w f. The
CC ' ' District should be prepared to adjust its policies and fiat �program
accordingly. It is recommended that this dcaf,�t Policy be viewed as a living
document and all associated and subsequent documents be reviewed at least once every five
years. Modifications should be made as needed in response to experience gained,
technology improvements, and as opportunities present themselves.
6/18/2009 35 of 22
CC W -SD Irrigation Quality Water Policy
_. Explore Optionsfor Additional Uses Certain District
customers in the C;(:.--- w1'>future that meet eertainadditional criteria
t -llmay be required to use IQ watef Water for high- volume
6/18/2009 36 of 22
eor€sa p n� irrigation armor other non - potable applications. NA�'-
envisioned Envisioned uses are cement plants, masonry work, flushing, and industrial
cooling..
Considerations for Master Plan Development
• Section 373.709, Florida Statutes specifies the participants in the Regional Water
Supply Planning process. The 2010 Florida Legislature amended this Section to also
expressly include reuse utilities and the FDEP. (Ch. 2010 -205 § 50 Laws of Fla.).
• In Florida water management district programs require that IQ Water must be used
use and continued development of 10 Water should be implemented in
water supply needs.
• The use of 10 Water can serve as an important tool to offset harmful impacts from
water supply withdrawals as well as earn substitution or offset credits in the future.
Legislation from the 2012 Legislative Session now provides that if an entity that is
providing IO Water to substitute for an existing, fresh water withdrawal it will receive
a substitution credit if it has a demonstrated need for the fresh water that is being
replaced with the IO Water (Ch. 2012 -150. Laws of Florida and Section 373.250(5) _
F.S.
• 10 Water supplies are variable and relate to flows of domestic wastewater treatment
facilities. Demand for I0 Water is also variable with characteristic diurnal and
• Variations in IO Water supply do not correspond with variations in water demand on
either a daily or seasonal basis and these nonconforming variations present
substantial challenges to optimizing IQ Water supplies. A reuse utility must have an
adequate IQ Water supply to meet customers' water demands during seasonal peak
demand periods. As the result a reuse utility's customer base is limited among other
factors, by those customers that can be served during periods of peak demands
• Supplementation is a strategy that the District may use to extend its 10 Water supply
and serve additional customers throughout the e�ar._This strategy can entail
supplementing IQ Water with a groundwater or surface water source usually on a
seasonal basis, to increase the water available to meet peak demands The
1/23/2MI3a.,:.3;.2s4 37 of 40
supplementation of IQ Water supplies in turn increases the number of customers that
can be reliably served and the expanded customer base increases the beneficial use of
IQ Water on an annual average basis. Additionally, as more customers are able to
reliably use IQ Water, the overall demand for higher quality water supplies is reduced
on an annual average basis. In many cases the use of supplemental water allows for
significantly more of the IO Water to be used over the course of the year
• Regulatory constraints on delivery and application of IQ watefWater may change
over time as technological advances in treatment tmt-yor changes in law occur.
Therefore, 4i4-�the Master Plan should be, flexible enough
to respond to , those changes.
• W —The C.k 3District may create incentives
or mandatory requirements that- -such as mandatory use zones that require customers
meeting certain criteria use IQ vm+efWater for irrigation or other ffeff-potab4esuitable
applications.
• The ('( ` LY+District's currently defined ° a l -pfohu -110 Water
Service Area may be extended, but it is anticipated that
environmentally sensitive areas will be excluded'. Dc4w414Population densities
may increase in currently developed areas:-howevtf and it is anticipated that they
will remain similar to their current layout and character.
• __ - -It is anticipated that the current economic base will substantially remain the same,
with tourism and retail commercial activity predominating. It is also anticipated that
industrial activity will remain only a minor component of the economic base.
• __-- r +�tExit sting parks and schools will likely remain in their existiHg urrent
locations. Future parks and school expansions will be based on population rg owth
and demographics.
- -Reuse activities are not all equally effective in conserving potable water Sources
or in offsetting existing potable quality water use. Some existing Water
applications provide less potable offset than others or may not serve to effectively
recharge or supplement water sources. If the less effective IQ Water applications
could be redirected to implement IQ Water applications that are more efficient from a
water conservation perspective, additional water conservation benefits could be
realized.
• Capacity for producing IQ waWater will not be completely constrained by the
volume of wastewater generated. The IQ watefWater system will., in all likelihood be
supplemented by additional alternative water supplies.
• - -An 10 Water interconnect may be beneficial. Reuse system interconnects offer a
means to increase both the efficiency and reliability of reuse systems When two or
more reuse systems are interconnected there is additional flexibility present in
1/23/2013- 1- /;.3/1OI -_ ?. 38 of 40
meeting the demand of the reuse system customers as well as enhancing the
reliability of providing IQ Water for reuse.
• The IQ Water Master Plan will need to strike a balance between additional IQ
I
wawfWater availability as supplemental sources are developed;4me -#+am es and the
population increases. Timeframes for placing pipwig distribution
infrastructure in the designated areas, as well as capitalizing on other road and utility
projects:, will need to be meticulously planned as availability increases
• ---The availability of IQ wate must not negate the need to conserve all
sources of water. Public Outreach programs need to emphasize conservation of IQ
Water as well as all other water resources.
1123/2013- i.;._3E2i. P 39 of 40
Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made
and entered into this _ day of 20_ by and between
whose mailing address is (hereinafter referred to as
"User ") and the Collier District Water -Sewer District (hereinafter referred to as "District "),
collectively, the Parties hereto ( "Parties "). This Agreement will take effect on and
will be effective through 20 .
RECITALS
WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater
disposal, conserving potable water sources, and Section 403.064, F.S. encourages local
governments to implement reuse projects and places limitations on deep well injection and
other forms of effluent disposal; the District desires to use for itself and make available to the
public, IQ Water as an alternative water resource to be used for both irrigation and non
irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
between the involved parties to ensure that construction, operation, maintenance, and
monitoring of such use meets the requirements of Chapters 62 -600, 62 -620 and 62 -610, F.A.C.;
and,
WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance 2013- to
maintain compliance with District Wastewater Reclamation Facility operating permits, applicable
laws, rules, and regulations, ensure consistency with the IQ Water Policy and allow for
optimization of the District's IQ Water System; and,
WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and
amended from time to time, which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies; and,
WHEREAS, the District agrees to deliver IQ water and the User agrees to receive, accept, and
beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the
terms, conditions and responsibilities of this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals above are true and correct and are hereby incorporated into and
made a part hereof.
Page 1 of 13
2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO
THEM IN THE DISTRICT IQ WATER POLICY.
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. The User hereto represents
and warrants to the District that the Party or Parties identified herein as the User
constitute all persons or entities that are the record owners of the irrigable property
described in Exhibit "A," attached hereto (hereinafter referred to as the "Property ").
4. IQ WATER POLICY. The Board of County Commissioners (Board) has adopted an IQ
Water Policy (Policy), that may be supplemented and amended from time to time,
which delineates certain policies for providing IQ Water Service to include, but not be
limited to, definitions, levels of service, application of rates, and the provision of
service; and which is made a part of this Agreement by reference.
5. QUANTITY.
A. Bulk Service Customers: the User's Allocation is based on the availability of the
District's IQ Water and the IQ Water Application Rate for the Property as described
in Exhibit "A." The User's Allocation, which the District agrees to make available, and
the User agrees to accept based on the terms of this Agreement, is calculated as
million gallons per day (MGD).
This Allocation constitutes the minimum amount of IQ Water that the District agrees
to provide to the User, subiect to all of the terms and conditions as set out further
herein.
The District is not obligated, and will not allocate any additional IQ Water to the User
for the term of this Agreement. However, at the discretion of the District during
any twenty four (24) hour period, Users may receive additional pro -rated amounts
of IQ Water in excess of the User's Allocations if IQ Water becomes available. The
delivery of the excess IQ Water during any period does not grant the Users an
increase in their Allocations. No contractual Allocations will exceed the amount as
determined by the availability of IQ Water and the IQ Water Application Rate in this
Agreement.
Users desirous of limiting the amount of IQ Water received to a specified volume
up to the Allocation amount must make this request in writing to the District.
Modifications to this request may only be made once per calendar year.
For purposes of this Agreement, each day equals a twenty -four (24) hour period,
which begins at midnight, 12:00 a.m. The District shall have sole discretion with
respect to delivery times to Users.
XB. Pressurized Service Customers: the User's anticipated usage is based on the
IQ Water Application Rate on the irrigable Property described in Exhibit "A" and
Page 2 of 13
is calculated asmillion gallons per day (MGD).
Users desirous of limiting the amount of IQ Water received to only a specified
volume up to the Allocation amount must make this request in writing to the
District. Modifications to this request may only be made once per calendar year.
For purposes of this Agreement, each day equals a twenty -four (24) hour period,
which begins at midnight, 12:00 a.m. The District shall have sole discretion with
respect to delivery times to Users.
6. TERM. The User agrees to receive from the District, IQ Water for approved uses for
a minimum term of five (5) years, or such other term beyond the initial five (5) year
term as may be determined by the District for the District's convenience. Within one
hundred twenty (120) days from the end of the then - current five (5) year term, the
Parties will meet and discuss the terms and conditions for entering into a new five
year Agreement which will reflect all of the terms and provisions then being
incorporated into like District Agreements for the delivery and reuse of IQ Water. If
revisions are not required to the then - current Agreement, then that Agreement shall
automatically renew for a new five year term.
7. IQ WATER DEFINITION. IQ Water shall mean resources other than potable water
available to the District and shall include: (a) wastewater that has received the
treatment established by the Florida Administrative Code, Rule 62- 610.460 currently
defined as wastewater that meets, at a minimum, secondary treatment and high level
disinfection before discharge to holding ponds or the IQ Water System and (b)
Supplemental Water Supplies such as ground or surface water. IQ Water may also be
referred to as reuse water, effluent water, or reclaimed water.
8. POINT OF DELIVERY DEFINED. Point of Delivery (POD) shall mean the location where
the District's IQ Water System is physically connected to the User's IQ Water system
and represents where the District's responsibility and liability ends and the User's
responsibility and liability begins. The Major User POD is where the IQ Water line
enters onto the Major User's property boundary unless otherwise specified in Exhibit
"B." The POD of IQ water shall be defined by folio number, latitude and longitude, and
identified in Exhibit "B."
9. DELIVERY OF IQ WATER. All IQ Water delivered to Users will be provided by the District
and accepted by Users on an "as is" basis only. The District will not provide any
additional treatment to the IQ Water bevond the compliance points located at the
water reclamation facilities. No warranties or guarantees are made by the District with
respect to IQ Water characteristics after its discharge from the several water
reclamation facilities. As the result, the District will not be held liable for any damage to
vegetation resulting from the application of District IQ Water through the User's
irrigation processes.
Page 3of13
9-10. METERS. All connections to the IQ water system shall be metered in accordance with
Collier County Ordinance 2013-
4 -0-11. DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to
the extent, if any, clearly and expressly specified in the Special Provisions
paragraph in this Agreement to the contrary, the District shall own and be
responsible for all repairs and associated costs of operating the IQ water system up
to the POD.
12. DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to
the extent, if any, clearly and expressly specified in the Special Provisions
paragraph in this Agreement to the contrary, the District shall NOT own, operate, or
maintain the . IQ water distribution system and shall not be deemed to be in
possession or control of the IQ water distribution system downstream of the POD.
44.13. USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall
NOT own, operate, maintain or change or modify any part of the District's
infrastructure. However, the User is responsible for landscape maintenance
such as mowing and tree trimming around the District owned infrastructure on
the User's property.
414. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the special provisions paragraph in
this Agreement to the contrary, the User shall take full responsibility for the
design, construction, permitting, financing, compliance, operation, maintenance,
and repair of the IQ water system downstream of the POD as outlined in
Ordinance 2013-
All User -owned pump stations must be equipped to automatically shut down due to
low pressure or lack of flow. The District shall not be liable for User equipment failure
or any damage due to low pressure or lack of flow.
The User shall post IQ Water use advisory signs as described in Section 62- 610.468
F.A.C. Residential, industrial, and commercial users shall post, maintain, and replace
signage at all community /facility entrances, storage facilities, and water features. Golf
courses shall post, maintain, and replace signage at the storage facilities, water features,
and either at the first and the tenth tee or on score cards, at the User's option.
X415. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR IQ WATER FACILITIES TO
DISTRICT.
Upon the request from the District, User, its successors and /or assigns, shall
convey to District any and all utility and /or access easements necessary for IQ water
distribution on their premises, at no cost to the District. All such documents shall be
prepared, reviewed and processed in accordance with the provisions of the Collier
County Utilities Ordinance 04 -31, as amended, Ordinance 98 -37, as amended, and
Page 4 of 13
recorded as set forth herein.
4&16. CONSERVATION. User shall make all reasonable efforts to conserve IQ water. The
User shall ensure that the User's employees, contractors, agents, residents, and
invitees are informed about the importance of water conservation by
implementing an educational program.
4417. INDEMNIFICATION AND HOLD HARMLESS.
j iI_The User indemnifies and holds the District harmless from and against all
liabilities, claims, damages, expenses, or actions, either at law or equity, caused or
incurred as a result of the negligent or wrongful act or omissions of the User, its agents,
employees or other persons whose acts or omissions the District may potentially be
held liable for during the District's performance of this Agreement to specifically
include any cross connections by the User, including, but not limited to: between
potable water, IQ water, surficial water and any other additional or supplemental
water sources. User acknowledges that IQ water, due to its chemical composition, may
not be compatible with the IQ Water's irrigation for certain susceptible vegetation.
User agrees that District will not be held liable for a_ _damages that may occur to
certain vegetation or for any other damages that may occur due to the use or
acceptance of the IQ water by the User.
(ii) To the extent permitted by Florida law, in particular, &768.28 F.S. and only after (a)
it has been found through the production of substantial, competent evidence that the
User has not placed anything, to include: equipment, ornamentations vegetative
plantings or structures (fences, buildings, concrete pads or any other obstructions) into
or onto the District's property or the District's easements for its reuse water delivery
system, and (b) it has been found through the production of substantial competent
evidence that the District is directly responsible for damage to persons on or the
residential or commercial property of the User as the result of the negligence
omissions or willful acts of the District's employees, agents or other entities otherwise
engaged by the District to develop, install, operate, manage or maintain the District's
reuse water system on the User's property; then the District may be held liable for such
damage only up to the limits of the above cited provision of the Florida Statutes for
such liability. The District will not be held liable for any consequential damages as the
result of its lawful activities in providing IQ Water to any Users.
For the purpose of both provisions (i) and (ii) above, if the Parties cannot resolve
any dispute between them with their own representatives, formal mediation with a
Florida Certified Mediator shall be held by the Parties with each party bearing one -half
( %2) of the expenses of the Mediator selected by and acceptable to both Parties If
mediation between the Parties is unsuccessful, both Parties may avail themselves of all
other available remedies at law and in equity.
Page 5of13
18. CROSS CONNECTIONS PROHIBITED.
Cross connections are_prohibited.
On all properties where IQ Water service is provided, the public water supply
shall be protected by an approved backflow protection device as specified in County
Ordinance No. 2008 -32, as amended.
To determine the presence of any potential hazards to the District's potable or IQ
Water Systems, the District shall have the right, but not the duty, to enter upon the
premises and operate the private system of any User receiving IQ Water for the
purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will immediately
terminate IQ Water service to the User upon confirmation of cross connection with
potable water lines by a verbal notification to the User, followed by a detailed written
notice as soon as practicable. IQ Water service may only be reinstated, with associated
terms and conditions that will be developed solely at the discretion of the District
on a case by case basis. The User will be responsible for all costs incurred by the
District and the User resulting from a -the cross connection. These costs include all
potable or IQ Water used, including all potable water used for flushing lines, and
follow -up cross connection inspections performed by a licensed professional
irrigation contractor or a certified Reclaimed Water Field Inspector as
mandated by the District. IQ Water service will not be restored prior to submittal of a
written report summarizing the cross connection inspections with subsequent written
approval by the District.
The User shall provide results of cross connection inspections performed upon initial
connection to the District's System and take all reasonable precautions to prevent
any cross connections while making repairs or extensions to the User's irrigation
system.
The User must provide the results of a cross connection inspection performed at
each internal service connection prior to each future Agreement renewal. At the end
of the five year term one hundred percent of all potable service connections shall
have been inspected. The results of the cross connection inspections must be
submitted to the District by the User within thirty days of inspection_ At the time of the
Agreement Renewal, the User is required to submit cross connection inspections
each fiscal year. The service connections that require inspections are listed in Exhibit
"C." Additional cross connections inspections may be required as determined by the
District when additional service connections are made or cross connections are found.
19. RATE TO BE CHARGED FOR IQ WATER. For having available and /or furnishing the IQ
Water, the District shall charge and User shall pay the Board approved and
published rates and charges. The rates for service shall be billed monthly by the
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District. The published and prevailing consumption rate shall be billed to the User
based on service level as defined in the Collier County Ordinance 2001 -73, as amended.
Bulk Service will be billed by the District as being the greater of either: i) the daily
Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the
actual IQ Water delivered as metered at the User's POD.
Additional usage above the Allocation amount will be billed per published and
prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk Service,
the Allocation as billed for the respective billing period shall be equivalent to a meter
availability charge.
Pressurized Service will be billed by the District as the actual metered IQ Water
delivered at the User's POD in addition to the service availability charge. Users with
Pressurized Service may be subject to future conservation rates.
The User is receiving Service Level under this Agreement.
The District reserves the right to revise and amend the IQ Water rates per the Collier
County Uniform Billing, Operating and Regulatory Standards Ordinance No. 2013- at
its discretion, with notice and opportunity to be heard at a public hearing to be held
prior to the adoption of such revised and amended rates.
20. BILLING. Subject to terms and conditions of this Agreement, the District shall invoice
the User for services on a monthly basis in accordance with Section Five, billing
cycle meter readings, calculated charges, and other applicable rates, fees, and
charges. The invoice shall include the billing period of service, the amount of IQ
water service flows for each billing cycle, the total dollar and cents amount of the
invoice, the amount of any credit applicable to said invoice whether by payment or
otherwise, the due date, and contact telephone number for any questions regarding
the invoice.
21. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknowledges
and agrees that in the event that any fees, rates, or charges for the IQ Water
Service and facilities provided for under this Agreement are not paid and become
delinquent, any unpaid balance and all interest accruing thereon shall constitute a lien
on the User's property pursuant to Section 10 of Ch. 2003 -353, Laws of Florida, the
"Collier County Water -Sewer District Special Act" (the "Act ").
22. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this
Paragraph 21, the User shall notify any of those District representatives set forth
herein and request that the supply of IQ Water temporarily cease. Such notice shall be
made in writing where circumstances permit (an electronic writing is acceptable), and
in the event of an immediate emergency, such notice may be by telephone with
subsequent written confirmation. Emergencies shall include, but not be limited to, the
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following:
(a) Climatic conditions such as hurricanes, floods, or unseasonably excessive
rainfall that makes it impossible for User to accept IQ Water.
(b) Short term equipment or material failure, making it impossible for User to
store or distribute the IQ Water.
(c) An act of God that makes it impossible for User to accept, store or distribute
the IQ water.
23. DISTRICT EMERGENCY SITUATIONS. It is anticipated that the District may temporarily
cease IQ Water Delivery in anticipation of a major storm event. This emergency
situation shall not relieve the User from payment of the Service Availability Fee for that
period of time.
24. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be
held liable by the User for failure to deliver IQ Water if certain situations preventing
delivery exist. Such situations include, but are not limited to, the following:
(a) Unavailability of water due to a loss or lack of influent to the water
reclamation facilities due to a collection system failure or a reduction of
wastewater influent flow beyond the anticipated low flow periods.
(b) Unavailability of water due to a loss or lack of influent to the water
reclamation facilities due to a process failure.
(c) Non - compliant IQ water, making it unusable for approved uses.
(d) Equipment or material failure in the IQ water delivery system, including storage
and pumping.
(e) IQ water treatment facility repair or maintenance.
(f) An act of God that makes delivery of IQ water by the District not feasible or
impossible.
(g) Unusual climatic conditions such as hurricanes, floods, or unseasonably
excessive rainfall that makes it not feasible or impossible for the District to
deliver IQ water.
In the instance of Force Majeure or other situations limiting IQ Water availability,
the District has the right to interrupt service per District operating protocols. Users
directly impacted by a specific event; such as interruption of all Users downstream of
an IQ Water main break will be interrupted as needed. In the event of limited IQ Water
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availability, Bulk Users will be uniformly interrupted by a pro -rata percentage of their
Allocation.
25. NOTICES. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing sent electronically with a request for
confirmation or receipt, or by facsimile with automated confirmation of receipt; or hand
delivery by a private service; or by registered or certified United States mail, return
receipt requested, postage prepaid; or personal delivery addressed as follows:
USER:
With copies to:
DISTRICT:
Wastewater Director
4370 Mercantile Avenue
Naples, FL 3401
Office of the Collier County Attorney
3299 Tamiami Trail E., Suite 800
Naples, FL 34112
The addressees, addresses and numbers for the purpose of this section may be revised
by either Party by giving written notice of such change to the other party in any of the
manners provided herein. For the purpose of changing such addressees, addresses and
numbers only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all purposes.
Notice given in accordance with the provisions of this section shall be deemed to be delivered
and effective upon receipt of an automated fax confirmation; or on the fifth day after the
certified or registered mail has been postmarked; or receipt of personal delivery; or
delivery with an overnight courier or on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal service as not delivered as the
case may be, if mailed.
26. NOTIFICATION IN EVENT OF EMERGENCY.
The User's representatives who shall be notified in the event of an emergency or
District's inability to deliver IQ water are:
1. NAME, PHONE, EMAIL ADDRESS;
and
2. NAME, PHONE, EMAIL
ADDRESS
The District shall attempt User notification by telephone or email stating the nature of
the emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to provide
written notification to the District of a change in representative. User may change its
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representative by providing written notice to District to become effective upon
acknowledgement by District.
The District representatives who shall be notified in the event of an emergency are:
1. Reuse Manger, (239) 252-6284; AND
2. On Call Wastewater Department, (239) 252 -2600
27. USE OF IQ WATER. (i) The User hereby affirms that it has read, understands and will fully
comply with the terms, conditions, requirements and obligations of Collier County
Ordinance No. 2013- for the receipt of District IQ Water: and (ii) the User shall accept
the IQ Water delivered by the District on and "as is" basis and use it only for approved
uses on the User's Property pursuant to all applicable local, State and Federal
regulations.
28. CHANGES IN LAW /EXCUSE FROM PERFORMANCE. If for any reason during the term of
this Agreement, any State or Federal governments or agencies shall fail to issue
necessary permits, grant necessary approvals, or shall adopt any laws or rules that
will require any change in the operation of the treatment, transmission, and
distribution systems or the application and use of IQ water, then to the extent that
such requirements shall affect the ability of any Party to perform any of the terms of
this Agreement, the affected Party shall be excused from the performance thereof and
the Parties hereto in conformity with such permits, approvals, or requirements shall
negotiate a new Agreement if practicable. However, nothing shall require User or
District to accept any new agreement if it substantially adds to its responsibilities
duties, obligations, and expenditures hereunder.
29.RIGHT TO TERMINATE FOR CONVENIENCE. Either of the Parties hereto may
terminate this Agreement for its convenience by providing three hundred sixty five (365)
days prior written notice to the non - terminating Party.
30.TIME OF TERMINATION. Whenever practical, termination on the part of either Party
shall not occur before three hundred sixty five (365) days after the terminating party has
notified the non - terminating Party in writing, except in instances where the User is, or
reasonably appears to be, irresponsibly or illegally disposing of, or using the IQ Water, or
is otherwise out of compliance with any local, State, or Federal laws, rules, regulations,
or best IQ Water management practices. Upon such event, the District may
terminate this Agreement immediately upon verbal notice to the User followed by a
detailed written notice as soon as practicable. Evidence of the Termination when
perfected, shall be recorded in the Public Records of Collier County, Florida, at the cost
of the terminating Party_
31. ACCESS. User consents to the reasonable entry by the District upon the Property as
provided for in Collier County Ordinance 2013- , as amended.
32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal
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Parties hereto, and their successors in interest, or assigns, and no right or cause of action
shall accrue upon or by reason hereof, to or for the benefit of any third party not a Party
hereto.
3-1733. SEVERABILITY. If any court of competent jurisdiction finds that any part of this
Agreement is invalid or unenforceable, such invalidity or unenforceability shall not
affect the other parts of this Agreement if the rights and obligations of the
Parties contained therein are not materially prejudiced and if the intentions of
the Parties can continue to be effected. To that end, this Agreement is declared
severable.
3-2-34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for
granting, assuring, indicating, denying, refusing to grant or preventing any future
grant of land use zoning approval, permissions, variances, special exceptions or any
other rights with respect to the real property in the approved uses area, so long as
those approvals do not render this Agreement null and void, and /or negatively
impact the IQ use by the User.
-3-335. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of
Florida, Florida Administrative Code, Collier District Ordinances, and IQ Water
Policy, as they may be amended or replaced from time to time.
34:36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt
by User to assign or otherwise transfer this Agreement off the Property shall be
deemed to be null and void.
35,-37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their
successors and assignees.
338. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be
executed in accordance with Florida Statutes to allow for it to be recorded in the Public
Records of Collier County, Florida, at the District's cost, and shall thereby run with the
land. Any easement granted by the User and any successor and /or assigns, or any
termination issued hereunder, shall also be recorded in the Public Records of Collier
County, Florida.
The User shall have the right to sell, transfer, or encumber the Property, except that
written notice of any proposed sale or transfer must be given to the District, as
provided for herein, at least thirty (30) days prior to sale or transfer. So long as
use of the property shall substantially continue to be for the purposes intended by
this Agreement, any subsequent party shall be obligated under the same terms and
conditions of this Agreement unless modified by written agreement between the
District and any successor and /or assigns. At the first five (5) year renewal period
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after such sale, transfer, or encumbrance, the Agreement must be renewed with the
successor and /or assigns, or IQ Water service will be discontinued. The User, and any
successor and /or assigns may terminate this Agreement for its convenience by
providing three hundred sixty five (365) days written notice to the District, as
provided for further herein.
3-7-.39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter referenced herein. Any amendment
hereto shall be in writing duly executed with the same formalities as this Agreement
by the Parties hereto, or their successors in interest to the Property. Each
amendment shall clearly and specifically refer to this Agreement by title and date.
3,8-.40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if
any are applicable.
3.9-.41. EXHIBITS. See attachments.
Witnesses: AS TO USER:
Witness (Signature)
Name:
(Print)
NAME]
Witness (Signature)
Name:
Witness (Signature)
Name:
(Print)
Witness (Signature)
Name:
[USER
[USER NAME] — If a co -owner
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STATE OF
COUNTY OF
The foregoing Major User Agreement for Delivery and Reuse of IQ Water was
acknowledged before me this day of 2013, by
[USER], [and [CO -USER] who is(are) personally known to me or who has(ve) produced
[type of identification] as identification.
(affix notarial seal)
NOTARY PUBLIC
Print: Serial
AS TO DISTRICT:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, DEPUTY CLERK
Approval for form and legal
Sufficiency:
Jeffrey A. Klatzkow
Collier County Attorney
#: _ My Commission Expires:
BOARD OF DISTRICT COMMISSIONERS, COLLIER
DISTRICT, FLORIDA, AS THE
GOVERNING BODY OF COLLIER DISTRICT AND EX-
OFFICIO THE GOVERNING BOARD OF THE
COLLIER DISTRICT WATER -SEWER DISTRICT
By:
GEORGIA HILLER, ESQ., CHAIRWOMAN
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