Agenda 04/08/2008 Item #16C 1
Agenda Item No. 16C1
April S, 200S
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that staff be directed to advertise an amendment to Ordinance 97-33
"Collier County Cross Connection Control Ordinance".
OBJECTIVE: The objective is to obtain approval from the Board of County Commissioners,
Ex-Officio, the Governing Board of the Collier County Water-Sewer District to provide direction
for staff to advertise an amendment to Ordinance 97-33.
CONSIDERATIONS: On July 29, 1997, the Board of County Commissioners adopted
Ordinance No. 97-33, entitled "The Collier County Cross-Connection ControllBackflow
Prevention Ordinance" to establish a cross-connection control program as required by:
1.) Florida Administrative Code (F.AC.) Rule 62-555.360.
2.) F.A.C. Rule 62-610.470.
3.) Operating permits issued by the Florida Department of Environmental Protection to the
Collier County Water-Sewer District and Goodland Water District.
4.) The Board of County Commissioners of Collier County, Florida, finds it to be in the best
interest of the public to have a County operated and maintained cross-connection control
program to monitor hazards to the County's Public Water System and to protect the public
health, safety and welfare by providing for, among other things, the installation,
ownership, repair and testing of backflow prevention assemblies.
No updates to this Ordinance have been completed since its adoption. Staff has undertaken a
review of the Ordinance in light of new regulatory requirements and to address conditions that
have changed since its adoption.
The following sections of the Ordinance are proposed to be amended:
. Findings
. Updating and adding definitions
. Updating operation policy and requirements
. Updating program responsibilities
. Updating backflow prevention systems
. Updating backflow system design
. Updating service and repoliing
. Updating technical implementation
. Deleting program funding
. Clarifying penalties
FISCAL IMPACT: Funds in the amount of $250 are available in the County Water/Sewer
Fund (408), Water Distribution Cost Center. The source of funding is user fees.
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GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan
associated with these changes.
Agenda Item No, 16C1
April S, 200S
Page 2 of 21
RECOMMENDA nON: The Board of County Commissioners provide direction for staff to
advertise an amendment to Ordinance 97-33.
PREPARED BY: Howard Brogdon, Environmental and Analytical Compliance Manager
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Agenda Item No, 16C1
April S, 200S
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Recommendation that staff be directed to advertise an amendment to Ordinance 97 -33
Collier County Cross Connection Control Ordinance.
Meeting Date:
4/8/2008 g,OOOO AM
Approved By
Howard Brogdon Laboratory Supervisor Date
Public Utilities Water 3/12/20066:50 AM
Approved By
Jennifer A. Belpedio Assistant County Attorney Date
County Attorney County Attorney Office 3/13/20089:43 AM
Approved By
Paul Mattausch Water Director Date
Public Utilities Water 3/13120084:43 PM
Approved By
Pamela Libby Water Operations Manager Date
Public Utilities Water 3/17120066:35 AM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 3117/20083:25 PM
Approved By
James W. DeLany Public Utilities Administrator Date
Public Utilities Public Utilities Administration 3/16/2008 12;02 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 3127120066:37 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 3/27/200611;26 AM
file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008
i\genda item No, 16C1
April S, 200S
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1 ORDINANCE NO. 2008-
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3 AN ORDINANCE OF THE BOARD OF COUNTY
4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
5 AMENDING ORDINANCE NO. 97-33; AS CODIFIED IN
6 SECTIONS 134-121 THROUGH 134-135, KNOWN AS THE
7 COLLIER COUNTY CROSS-CONNECTION CONTROL
8 IBACKFLOW PREVENTION ORDINANCE; BY UPDATING
9 FINDINGS; UPDATING AND ADDING DEFINITIONS;
10 UPDATING OPERATION POLICY AND REQUIREMENTS;
II UPDATING PROGRAM RESPONSIBILITIES; UPDATING
12 BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW
13 PREVENTION SYSTEM DESIGN; AND DESIGN; UPDATING
14 SERVICE AND REPORTING; UPDATING TECHNICAL
15 IMPLEMENTATION; DELETING PROGRAM FUNDING;
16 CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND
17 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
18 OF LAWS AND ORDINANCES AND PROVIDING AN
19 EFFECTIVE DATE.
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21 WHEREAS, Collier County Ordinance 97-33, known as the Collier County
22 Cross-Connection Control/Back flow Prevention Ordinance was adopted to establish a
23 cross-connection control program as required by Florida Administrative Code Rules 62-
24 555.360, and 62-610.470; and
25 WHEREAS, establishment and maintenance of a cross-connection control
26 program is a condition and requirement of operating permits issued by the Florida
27 Department of Environmental Protection to the Collier County Water-Sewer District and
28 Goodland Water District; and
29 WHEREAS, the Board of County Commissioners of Collier County, Florida,
30 ("Board") has previously found it to be in the best interest of the public to have a County
31 operated and maintained cross-connection control program to monitor hazards to the
32 County's Public Water System and to protect the public health, safety, and welfare by
33 providing for, among other things, the installation, ownership, repair and testing of
34 backflow prevention assemblies.
35 WHEREAS, on [DATE] the Board directed Public Utilities staff to develop this
36 Ordinance to, among other things, amend certain definitions, update references, delete
37 program funding and clarify penalty provisions; and
Agenda Item No, 16C1
April S, 200S
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I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
3 SECTION ONE: Amendment to SECTION TWO, Subsections A. and B. of Collier
4 County Ordinance No. 97-33, codified as Sections 134-122 (1) and (2) of the Collier
5 County Code of Laws and Ordinances follows:
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7 SECTION TWO: FINDINGS.
8 The Board of County Commissioners hereby makes the following findings:
9 A. That Florida Administrative Code Rules 62-555.360 and 62.(310.17062,610.
10 469(7) requires all community water systems to establish a cross-connection control
11 program to detect and prevent cross-connections that create or may create an imminent
12 and substantial danger to public health and safety.
13 B. That the Collier County Water-Sewer District and the Goodland Water
14 District are community water systems as defined by Florida Administrative Code Rule
15 62-550.200@.
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17 SECTION TWO. Amendment to SECTION THREE, of Collier County Ordinance
18 No. 97-33, codified as Sections 134-123 of the Collier County Codc of Laws and
19 Ordinances follows:
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21 SECTION THREE: DEFINITIONS,
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23 Auxiliary Water Supply means any water supply on or available to a facility other
24 than the County's Water System., which is not permitted by the Florida Department of
25 Environmental Protection and over which the County does not have sanitary control.
26 Auxiliary water supplies may include water from another public water supply, any
27 natural source such as a well, spring, river, stream, harbor or used water, Reclaimed
28 Water, irrigation quality (10) water. or Industrial Fluids.
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30 Division or Article means Collier County Ordinance No. 97-33 as now or
31 hereafter amended. which is codified as Division 4 of Chapter 134 of the Countv's Code
32 of Laws and Ordinances.
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frrization aualitv Water (Ia) water means water other than potable water which
meets all of the Florida and local regulatory requirements as mandated bv the Florida
Department of Environmental Protection (FDEP) permits and the Florida Administrative
Code WA.c.).
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Reclaimed Water means any SOHree or supply of water wkiek eontains ia part or
entirety water from a wastewater treatmef!t faeility if! eJlCess of 10 percent water that has
received at least secondary treatment and basic disinfection and is reused after flowing
out of a domestic wastewater treatment facilitv.
Reduced Pressure bene Princivle Assembly (RPZ), Approved means an assembly
containing two independently acting approved check valves with replaceable seats
together with a hydraulically operating. mechanically independent pressure differential
relief valve located between the check valves and at the same time below the first check
valve. The unit shall include properly located and approved testcocks and tightly closing
and approved shut-off valves at each end of the assembly, Only those reduced pressure
principle assemblies (RPZ) approved by the Foundation for Cross-Connection Control
and Hydraulic Research (FCC C) and hy the Department are acceptable for installation.
Reduced Pressure =<me Princiole Detector Assembly (RPZD), Approved means an
assembly containing two independently acting approved check valves with replaceable
seats together with a hydraulically operating, mechanically independent pressure
differential relief valve located between the check valves and at the same time below the
first check valve, The unit shall include propcrly located and approved testcocks and
tightly closing and approved shut-off valves, at each end of the assembly. A bypass
arrangement consisting of an approved water meter and an approved reduced pressure
principle detector assembly shall be incorporated into the mechanism, Only those
reduced pressure woo principle detector assemblies (RP6D) approved by the Foundation
for Cross-Connection Control and Hydraulic Research (FCCC) and hy the Department
are acceptable for installation.
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SECTION THREE: Amendment to SECTION FOUR, Subsection A. of ColIier
County Ordinance No. 97-33, codified as Sections 134-124 (a) of the ColIier County
Code of Laws and Ordinances follows:
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April S, 200S
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SECTION FOUR: OPERATION POLICY AND REQUIREMENTS,
A. Operation Policy.
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3. An approved and appropriate backflow prevention assembly shall be
installed as part of each Service Connection wherever and whenever any of
the following conditions exist beyond the Service Connection:
a. An Auxiliary Water Supply exists~ tflat is Hot maiHtaiHed or
permitted BY the DepartmeHt of EH\'iroHmeHlal ProteetioH
b. Industrial Fluids or any other objectionable substances are handled
in such a fashion as to create an actual or potential hazard of any kind
to the County's Water System.
c, Internal plun1bing or piping arrangements are not known, making it
impracticable or impossible to ascertain whether or not Cross-
Connections exist.
d, A commercial facilitv and/or multi- family development exists.
4. The type of backflow prevention assembly required shall depend upon
the degree of hazard that may exist as follows:
a, In eases where there is a surface water auxiliary supply, the
County's Water System shall be protected by an approved Air Gap
Separation or an approved douBle cheek 'fallle assemBly reduced
pressure principle backflow prevention assemb1v.
b. In cases where there is a ground water Auxiliary Water Supply, the
County's Public Water System shall be protected by an approved
reduced pressure principle backflow prevention assembly.
c. In cases where there are any substances that would be objectionable,
but not hazardous to health, the County's Water System shall be
protected by an approved douBle cheek value assemBly reduced
prcssure principle backflow prevention assembly.
d. In cases of a facility, where material is stored or handled so as to
create an actual or potential hazard of any kind to the County's Public
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April S, 200S
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Water System, the Public Water System shall be protected by an
approved air-gap separation or approved reduced pressure principle
backflow prevention assembly.
e. In cases of any facility, where because of security requirements or
other prohibitions or restrictions, it is impossible or impractical to
make a complete Cross-Connection survey, the County's Public Water
System shall be protected against backflow by either an approved Air
Gap Separation or an approved reduced-pressure principle backflow
prevention assembly,
f. In cases of any facility, where the Department determines an undue
health threat is posed because of the presence of extremely toxic
substances, the Department may require an air gap at the Service
Connection to protect the County's Public Water System.
5. Any required backflow prevention assembly and its configuration shall
be as specified by this Ordinance, the Collier County Utility Standards and
Procedures Ordinance, Ordinance No, 9-+--H- 2004-31, any amendments or
successors thereto and the Department's Administrative and Operational
Procedures.
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SECTION FOUR: Amendment to SECTION SIX, Subsection C. of Collier County
Ordinance No. 97-33, codified as Sections 134-126 (c) of the Collier County Code of
Laws and Ordinances follows:
SECTION SIX:
PROGRAM RESPONSIBlLlTIES
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C. The Department (privately owned assemblies).
(1) The Department shall review and approve the data submitted by
Facility Owners for the installation, repairs and overhauls of privately
owned assemblies required under this Ordinance or that were existing as
ofthe effective date of this Ordinance.
(2) The Department shall have the authority to prohibit a Service
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Connection or order the disconnection of service to any connection where:
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Agenda Item No. 16C1
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a. Any kind of hazard exists to the County's Public Water System.
b. The Facility Owner fails to install, operate and maintain an approved
and appropriate backflow prevention assembly in accordance with this
Ordinance.
c. The Department may inspect all new backflow assembly installations
for compliance with this Ordinance, the Collier County Utility Standards
and Procedures Ordinance, Ordinance No. 9+--t-+ 2004-31 and any
amendments or successors thereto, the then current edition of the A WW A
Manual M-14, Secoad Editioll and other applicable Department
Administrative and Operational Procedures.
d. The Department shall accept for review only those Cross-Connection
survey reports as performed by the Facility Owner on the Department's
self-evaluation forms or performed by a certified Cross-Connection
control survey inspector or professional engineer.
e. The Department shall accept for review only those initial certification
tests, schcduled tests, overhauls, repairs, and replacement reports for any
backflow prevention assembly performed by a certified technician from
the Department's Approved List.
f. THe DejlartIHeat sHall estaBlisH a SCHedule aeceptal3le to tfle Florida
Departmcat of EnvlroflHlental Preteetioa Hader whieh all existiag facilities
';;ill be broHgflt iato eomjlliance willi the terms of this Ordiaaaee
g" f. The Department shall compile and maintain all significant data
resulting from reports submitted under this Ordinance.
&., &. The Department shall require additional data on any report as
deemed necessary, prudent or helpful in the execution of this Ordinance.
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27 SECTION FIVE: Amendment to SECTION SEVEN, Subsections A and B of
28 Collier County Ordinance No. 97-33, codified as Sections 134-127 (a) and (b) of the
29 Collier County Code of Laws and Ordinances follows:
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31 SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS.
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Agenda Item No, 16C 1
)\,pril S, 2008
Page 10 of 21
1 A. Approved Backflow Prevention Assemblies. An approved backflow prevention
2 assembly under this Ordinance is one that meets those standards set forth by the
3 American Water Works Association (AWWA), the American Society of Sanitary
4 Engineers (ASSE) and the Foundation for Cross-Connection Control and Hydraulic
5 Research (FCCC), and is published as approved in the FCCC's list of Approved
6 Backflow Prevention Assemblies, For assemblies owned by the County, the County
7 reserves the right to limit the nwnber of modelfst of approved assemblies for purposes of
8 standardization and conformity to system conditions. Approved assemblies shall have
9 the following features.
10 (1) Shall be testable in line,
11 (2) Shall be repairable in line.
12 (3) Shall have approved shut-off valves located at each end of the backflow
13 preventer.
14 (4) Shall be supplied with an1l110nia resistant silicone disc':s or other material
15 having the same ammonia resistant properties and approved by the
16 Department.
17 (5) Shall have:
18 a. Resilient seated (wedge), full-flow shut-off valves (or resilient
19 seated, full-flow ball valves} on sizes two (2) inches or smaller that
20 shall be marked with:
21 1. The manufacturer's name or symbol;
22 2, Nominal size of valve;
23 3. Model number;
24 4. Working pressure.
25 b. Resilient seated testcocks with:
26 1, An operating stcm, which must indicate if the testcock is open or
27 closed;
28 2. The operating stem on a ball valve type of testcock must be
29 blow-out proof;
30 3. The materials specified as bronze or approved equal.
31 (6) The assembly (itself) shall contain the following minimum markings:
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Agenda Item No. 16C1
April S, 200S
Page 11 of 21
a. The manufacturer's name or symbol;
2 b. The type of assembly;
3 c. Assembly size;
4 d. Assembly model number;
5 e. Assembly serial number;
6 ( Rated working water pressure;
7 g, Direction of flow.
8 (7) No backflow prevention assembly shall be installed under this Ordinance
9 unless spare parts are represented by the manufacturer to be available for a
10 minimum of seven (7) years from date of installation.
II B. Hazard Classifications. Unless otherwise specified by this Ordinance, the
12 Department shall use the American Water Works Association (AWWA) standards and
13 guidelines in determining all classifications of hazards (whether actual or potential).
14 Single fanlily facilities shall be evaluated on a case-by-case basis. To the extent such
15 residential facilities do not have auxiliary water sources or other types of systems or
16 operations on-site which would classify the system as hazardous, a backflow prevention
17 assembly shall not be required. Multifamily facilities with a single Service Connection or
18 individual Service Connections having aa auxiliary water or other types of systems or
19 operations on-site that would classifY the system as hazardous shall have an RPl,
20 assembly installed as required by this Ordinance.
21 SECTION SIX: Amendment to SECTION EIGHT of Collier County Ordinance
22 No. 97-33, codified as Sections 134-128 of the Collier County Code of Laws and
23 Ordinances follows:
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25 SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN.
26 A. All Facilities.
27 (I) The design shall be consistent with the standards and specitications
28 found in the Collier County Utility Standards and Procedures Ordinance,
29 Ordinance No. 9+-++ 2004-31 and any amendments or successors thereto,
30 and the Department's operational and administrative procedures.
3 I (2) The design shall utilize A WW A standards and guidelines and FCCC
32 approved backflow prevention assemblies (latest edition) unless otherwise
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April S, 2008
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specified by this Ordinance or the Department's administrative and
operational proccdures.
(3) Backflow prevention assemblies shall be designed as part of the
County's Service Connection, unless otherwise approved by the
Department.
(4) The Facility Owner shall be responsible for determining if the
Facility's System requires an uninterrupted supply of water that would be
adversely affected by routine maintenance or other activities involving the
backflow prevention assembly. The Facility Owner shall be responsible
for installing or requesting a parallel backflow prevention assembly. In
such instances, two (2) approved backflow prevention assemblies of the
same manufacturer, size and model numbers shall be installed.
(5) A minimum side distance of one and one-half (1.5) feet from anv and
all, fixed aperture. or landscaping, Backflow devices must be left
accessible to Countv emplovees at all times. this mav pose or present a
violation of health. safetv. and welfare. An entrv wav of at least three (3)
fcet in width must be maintained bv propertv owner. Dangerous and/or
dense underbrush will be trimmed to a "margin of safetv" bv Count v
emplovees and a charge detcrmined bv the Countv will be billed to
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property owner.
B. Existingfacilities only.
(1) Residential (Single Familv), If an actual hazard as defined in this
Ordinance poscs a threat to the County Public Water System, an approved
backtlow prevention assembly shall be installed.
(2) Other facilities, These facilities include, but are not limited to
commercial, industrial, and multi-family residential facilities. Where actual or
potential hazards are idcntified, an approved backtlow prevention assembly
shall bc installed. In some instanccs, it may he difficult or impossible to
accurately determine such a facility's Cross-Connection status because
plumbing plans of the facility's potable water system are non-existent,
unreliable or unobtainable. In somc instanccs where a Cross-Connection
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survey is not feasible, an Air Gap Separation or reduced pressure device
assemblv shall be installed based upon the degree of hazard,
C, Installation requirements,
1, All installations shall be consistent with the Department's administrative
and operational procedures,
a, All approved backflow prevention assemblies shall be installed
above final finished grade. unless otherwise approved bv the Department
and shall be consistent with the Department's administrative operational
procedures.
a,.b. All approved backflow prevention assemblies for commercial,
industrial and multi-family facilities shall be installed above final finished
grade, unless otherwise approved by the Department.
&.c. Residential double check Backflow assemblies may be installed
below grade in a[! enclosure specified or acceptable to the Department.
&.<1. Residential Reduced Pressure assemblies shall be installed above
final finished grade,
:J..2.Backflow prevention assemblies shall not be installed above final finished
grade in any type of vault, unless such vault is constructed to allow at least thirty
percent (30%) of its sidewalls to be open or ventilated at the grade level. These
openings or vents shall be unobstructed and of such size to permit any vented
water to freely pass through the openings to the outside.
+-;2..Backflow prevention assemblies shall not be installed in any position other
than horizontal, unless the assembly has received approval for such installation by
the assembly's manufacturer and the FCCC.
M.Backflow prevention assemblies shall be installed in outside locations as
part of the Department's Service Connection and shall be protected from
possible damage caused by normal traffic.
ih.i.AII backflow prevention assemblies shall be a minimum of twelve (12)
inches above final finished grade (or pad) to a maximum of thirty (30) inches,
as measured from the lowest point of the assembly~; afld a miBimaffi side
dislaace of three feet from aI1.)' wall, fi):ed aperture or laBdscapiBg.
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+.-6,All backflow prevention assembly installations shall be preceded by a
wye strainer (~3/4" to 2") or top access strainer (2 1/2" to 10") and an
appropriate shut-off valve to facilitate cleaning and inspection of the strainer.
All assemblies and strainers serving fire protection systems shall be approved
for such service. In addition, all assemblies shall be supplied with ammonia
resistant silicone discs or a Department approved equal.
&-c7. Installers of backflow prevention assemblies may test and certify the
backflow prevention assembly they have installed. However, all such tests
and certification reports shall be completed only by a technician with the
appropriate certification from the County's approved list.
SECTION SEVEN: Amendment to SECTION NINE of Collier County Ordinance
No. 97-33, codified as Sections 134-129 of the Collier County Code of Laws and
Ordinanees follows:
SECTION NINE: SERVICE AND REPORTING,
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(D Cross-Connection slIl1'ey reports,
(l) New facilities, The owncr of a new facility shall submit a Cross-Connection
survey report for thc facility to the Department prior to occupancy and Service
Connection activation. The report shall be submitted for the facility using the
Department's approved forms, Survey reports shall include the survey inspector's
or engineer's recommended backflow prevention assembly for the degree of
hazard crcated by the facility, Survcy rcports for other than single-family
residences shall be completed by a ccrtificd Cross-Connection control survey
inspector or engineer and shall contain that inspector's name and certification
number on each page or the cngineer's seal and number. Any such reports
submitted to the Department without this infOlmation shall be deemcd
unacceptable and shall not be reviewed, For single-family residences, the survey
rcport may be filled out by thc Facility Owncr using the Department's approved
self-evaluation forms.
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(2) Ex;sti:lg fiid!ities, THe Department SHall send notifieation to tHe owners of
ellistillg facilities WHere Cross COllRections are suspected. Facility O'.YIlers SHall,
uponnotifieatisn and witHin 90 days SUBmit a Cross Connection sur.ey report for
tHe facility to tHe Department. THe Cross COllRection survey report SHall Ha',e
been eOlHj'lleled by a certified Cross Connection eon~rol sarvey inspeetor from the
Department's Approyed List or an engineer and SHall contain tHe iespector's naHle
and certification nffiHber or engineer's seal on eaCH page. /\11Y sur.ey report
sllBmitted to tHe Department for review witHout tHis information SHall be deemed
lil1aceeptable and shall not be reviewed. For single family resideRees, tHe survey
report maj' be filled OHt by tHe owner aSiB!; the Department's appro'.sd self
evalaation forms,
f.B ill Reclaimed Water connections All properties served by Reclaimed Water
shall be surveyed at intervals, acceptable to the Department of Environmental
Protection, but no less than every three years as to changes, additions or deletions
in the customer plumbing system. All property surveys found to have the potential
to create a Cross-Connection shall undergo further review up to and including site
visits by the County to investigate potential hazards.
t41 ill Survey report review and approval. After the Department has received
and reviewed the Cross-Connection survey report for a proposed facility or use,
the Department may take the following action:
a. The Department may accept the Cross-Connection survey report as
written.
b. The Department may reject the Cross-Connection survey report as
written
c. The Department may request additional information before accepting
or rejecting the report.
d. The Department may reqUire a meeting with the Facility Owner's
designated agent, certified Cross-Connection control survey inspector,
engineer or all such entities or individuals involved before acting upon the
report as submitted.
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Agenda Ilem No, 16C1
April S, 200S
Page 16 of 21
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(4) Department acceptance of Cross-Connection survey report, Upon
acceptance and approval of the Cross-Connection survey report, the Department
shall issue a notice of acceptance, Once a backflow prevention assembly has been
approved by the Department, no changes or alterations shall be made without the
approval of the Department.
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SECTION EIGHT: Amendment to SECTION TEN of Collier County Ordinance
No. 97-33, codified as Sections 134-130 of the Collier County Code of Laws and
Ordinances follows:
SECTION TEN: TECHNICAL IMPLEMENTATION,
In order to provide protection to the County's Public Water System from
Contamination and a high level of customer service and program quality at a reasonable
and economical cost to the customers or consumers of the Collier County Water-Sewer
District and Goodland Water District, all backt10w prevention assemblies installed for the
purposes of complying with this Ordinance shall be owned by the County, ,'.11 facility
Owners that also own existint; backflo'?: prG':entioR assemblies, that are sHbject to this
OrdiRance, may dedicate and COR'.'eY :lIo,;e asscFl-lslies to the County for oWRsrship aRd
maiRtenaRce within 120 days from adoption of this OrdinaBce, Any assemblies not
dcdicated and conveyed to the County witlliR that 1'0 daJ' period shall rcmain in private
ownership unless the convevance is approved by the County, In cases where ownership
of a backt10w prevention assembly remains with the Facility Owner, the Facility Owner
shall be responsible for complying with all maintenance and other requirements of this
Ordinance, The technical and administrative requirements of this Ordinance shall be
implemented as follows,
A. Program Administration, It shall be the responsibility of the Department to
administer, coordinate, monitor and track the technical implementation and
ongoing requirements of the Ordinance for compliance
B. New installations,
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I, Backt10w prevention assemblies for ~ 3/4" through 2" meters shall, if
identified as necessary at the time of service application, be installed by
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Agenda Item No, 16C1
April S, 200S
Page 17 of 21
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the Department or the County's contract agent as part of and at the time of
the installation of the County's Service Connection.
2., Backflow prevention assemblies for meters greater than 2" size shall be
installed as part or the Service Connection for new construction by a
plumbing or underground contractor retained by the Facility Owner. All
such backflow prevention assemblies shall be conveyed to the County for
ownership in accordance with the Collier County Utility Standards and
Procedures Ordinance, Ordinance No. 9++7 2004-3 L any amendments or
successors thereto, and the Department's administrative and operational
procedures.
C. Ret:'ofits,
1, Baekflow pre"eBtioB assemblies '::llere tlle meter is betweeB 5/g iBcll
tllrou;;ll two iRclles shall be oWRed by tlle COliRt)' aRd iRstalled by tlle
Department or the COlolRty'S eORtraet a;;eRt as a part of tlle Department's
metor cllange out program or '."lleR tlle de;;ree of llazard so warrants, tlle
Department's mainteRaflce staff or County's EOBtraet agent.
2. Bad,flow pre':eRtion assemblies wllere tlle meter is greater tllaR t\':o
iBclles sllall be ov:nod 81' the County and installed by the DepartmeRt or
tlle COlinty'S contract agent.
C. Repairs.
1. Repairs of back flow prevention assemblies where the meter is:3fg. 3/4"
through 2" shall be perfoffi1ed by the Department or the County's contract
agent.
2. Repairs of backflow prevention assemblies where the meter is greater
than 2" shall be performed by the Department or the County's contract
agent.
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29 SECTION NINE: Amendment to SECTION ELEVEN of Collier County
30 Ordinance No. 97-33, codified as Sections 134-131 of the Collier County Code of
31 Laws and Ordinances follows:
32
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Agenda Item No. 16C 1
April S. 200S
Page 1S of 21
1 SECTION ELEVEN: PROGRAM FUNDING.
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3 (a) Hell'insttlUatirms, WitAil1 120 days freHl tile aaoptioR oftnis OraiRance, tne COlmty
4 snail adopt by oraiIlaHce a fee, cllarge or rate to cO'ler tile OHmty's aI1ticipatea eGst to
5 previae for DepartmeIlt services HF"der tnis OrdiRance. Ne",; cHstomers of the Collier
6 COHAty'Vater Sewer District aRd Gooalana '.Vater District, i.e" Facility OViflers, shall be
7 respoHsible for paymeAt of tllis fee, cllarge or rate, if applicable, at [ne time aIla iR
8 conjlH1ction ",;ith tAe paymcHt of applicable impact aAa meter [appiAg fees or '?'itl1il1 30
9 da)'s after ser,.ice is reHdered.
10 (b) Retrejits (existing), /JI acti';e Service CORAectioRs [nat H&';e eKistiAg Ilazards as of
11 120 days from tHe adoption of tllis OrdiAance sAall be considered eJ,istiAg retrofits for
12 pHrposes of pre(;ram fundiAg llRder tnis OrdiAaAce, Tne County's retrofit pro(;ram for
13 eKistiA(; Service CORRectioAs sllall be fHRded through existil1(; and future water user fees.
14 (c) Retrofit", (nc',), COURt)' Service CORRectioAs reqHiriAg a badellow pre'/eAtioA
15 assembly that becomes acti','e or crellte a Ae?,' hazard more than PO days after the
16 adoption of this OrdiRance shall be cOHsidered ne'.\' retrofits for pHrposes of program
17 fuRdiH(; HHder tnis OrdiHance. The COURt). shall establisn on an annual basis a cllarge to
18 co';or the cost of tAis category of retrofits based OR a competiti','e bid process or tile
19 COllllty'S cost. Customers, i,e" Facilit), OWRers, iH this eate(;ol)' shall be assessed tnis
20 ellarge to eG','er tile County's installation eosts.
21 (d) Repairs, Tne ComIty's repair and maiRteRance pro(;ram OR all COURty o'NRed
22 backflo"'l preyeRtioR assemblies snail be fUl'lded tlroU(;A eKistiAg aRd future \','ater Hser
23 fee&o-
24 (e) Rep!Elcement. The COURty'S bad,flow pre','eRtioR assembly re]31acel11eRt program for
25 assemblies owned by the County SHall be f'lRded throH(;1l existiAg and futHre \':ater user
26 fee&o-
27 (I) Tc'stinJ.;, Tile County's anRHal and miseellaIleous teoting prograrn OR COUAty oWAed
28 backflow ]3re','eAtioH assemblies shall be fHAded throu(;h existiHg and fHtme water user
29 fee&o-
30 SECTION TEN: Amendment to SECTION THIRTEEN of Collier County
31 Ordinance No, 97-33, codified as Sections 134-133 of the Collier County Code of
32 Laws and Ordinances follows:
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Agenda Item No, 16C1
April 8, 200S
Page 19 of 21
I SECTION THIRTEEN: PENALTIES.
2 ill Any person who violates any provision of this Ordinance, or amendments
3 thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In
4 addition, the County may bring suit for damages for any violation of this Ordinance and
5 amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or
6 mandate compliance with this Ordinance and amendments thereto.
7 (b) All penalty provisions in Section 1-6 of the County's Code of Laws and
8 Ordinances applv to this Ordinance except the $500 fine limitation in subsection "c"
9 therein. Fines applicable to any violation(s) of this Ordinance shall be determined bv the
10 then existing rules of the respective enforcement forum.
II (c) Anv violation of this Ordinance can be referred for enforcement bv Collier
12 County Code Enforcement officer(s). in which event the provisions of Section 2-2044 of
13 the County's Code of Laws and Ordinances shall apply,
14 (d) Anv violation(s) of this Ordinance may be referred for enforcement to a Code
15 Enforcement Board, Special Magistrate. or Nuisance Abatement Bboard. in which event
16 the provisions of Section 2-2030 of the County's Code of Laws and Ordinances shall
17 lllll!!Y."
18 (e) No individual shall be subiect to imprisonment for violating any provision of
19 this Ordinance except as may be imposed bv the court for contempt.
20 (f) If it is determined bv the Public Utilitv Administrator that (i) an emergency
21 without notice to the owner. or (ii) after reasonable notice from staff to correct a
22 correctable violation of this Ordinance was not prompt Iv and completely corrected bv the
23 owner. whereby County staff (and/or a contractor contracted bv the County) was required
24 to correct. abate. cure or otherwise serve any hazard and/or Contamination: make any
25 repair. replacement and/or other improvement to any privately owned assemblv or part
26 thereof. and/or any connection. phvsical arrangement or facilitv (as such term is defined
27 in this Ordinance), then pursuant to any applicable Florida law. including Section 153.67.
28 Florida Statutes. and/or Special Act Chapter 2003-353. Laws of Florida. including
29 Section 10 and/or Section 22 therein. shall impose a lien (for such services) upon any
30 parcel of property (land) affected thereby. including all costs. expenses. interests thereon,
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Agenda item No, 16C 1
April S, 2008
Page 20 of 21
and. as applicable. reasonable attornev's fees and all other costs of collection as
2 applicable.
3 (g) All other enforcement provisions in Chapter 2003-353. Laws of Florida. also
4 applv to violations of this Ordinance.
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6 SECTION ELEVEN: CONFLICT AND SEVERABILITY.
7 The provisions of this Ordinance shall be liberally copstrued to effectively carry
8 out its purposes in the interest of public health, safety, welfare, and convenience. If any
9 section, phrase, sentence or portion of this Ordinance is for any reason held invalid or
10 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
11 separate, distinct, and independent provision. and such holding shall not affect the
12 validity of the remaining portions of this Ordinance. In the event this Ordinance conflicts
13 with any other ordinance of Collier County or other applicable law. the most restrictive
14 shall apply. If any phrase or portion of this Article is held invalid or unconstitutional by
15 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
16 independent provision and such holding shall not alTect the validity of the remaining
1 7 portions.
18 SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND
19 ORDINANCES.
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21 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
22 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
23 or re-Iettered to accomplish such, and the word "ordinance may be changed to "section"
24 "article", or any other appropriate word.
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26 SECTION THIRTEEN: EFFECTIVE DATE.
27 This Ordinance shall become effective upon tiling with the Department of State.
28 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
29 County, Florida, Ihis day of . :W08.
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ATTEST:
DWIGHT E. BROCK, CLERK
Approval as to form and legal
Sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Agenda Item No. 16C1
April S. 200S
Page 21 of 21
TOM HENNING, CHAIRMAN
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