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HomeMy WebLinkAboutOrdinance 443 Reclaimed Water System ORDINANCE NO. 443 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE ADOPTION OF A RECLAIMED WATER SYSTEM FOR THE CITY OF WINTER SPRINGS. PROVIDING FOR A RECLAIMED WATER SYSTEM ROUTING AND EXPANSION PROGRAM; PROVIDING FOR THE REQUIREMENTS OF DEVELOPMENTS; PROVIDING IRRIGATION SYSTEM REQUIREMENTS; PROVIDING FOR RATES AND CHARGES WITH RESPECT TO SAID RECLAIMED WATER SYSTEM; PROVIDING DEFINITIONS; PROVIDING CONDITIONS UNDER WHICH THE CUS- TOMERS RECLAIMED WATER SERVICE CAN BE DISCONTINUED: AUTHORIZING THE CITY MANAGER TO RECOMMEND TO CITY COMMISSION PROCEDURES AND REGULATIONS REGARDING RECLAIMED WATER; AUTHORIZING THE CITY MANAGER TO PROMULGATE AND ENFORCE CERTAIN PROCEDURES AND REGULATIONS PROVIDING FOR THE RIGHT OF INSPECTION OF RECLAIMED WATER SYSTEMS OR DEVICES WHICH CONNECT TO OR CONTROL RECLAIMED WATER; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, has completed modification to the wastewater treatment facilities; and WHEREAS, the treatment facility produces a public access treated effluent; and WHEREAS, reclaimed water is the most effective way to conserve our precious water resources by reducing the demand on the City's drinking water system; and WHEREAS, the cost of reclaimed water is substantially less than drinking water. The residents of Winter Springs will benefit from the use of reclaimed water for irrigation purposes; and WHEREAS, it is necessary that the City increase its wastewater disposal capacity for further development. NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS. SECTION I - That Article V of Chapter 16, Sec. 16-65 is hereby created to read as follows: Sec. 1 - DEFINITIONS Customer. Any person receiving service or making application for service. Developer. Any person, firm association, syndicate, part- nership or corporation, or any combination thereof, who are a~tually involved in development. Development. An approved plan utilizing a tract of land appropriately zoned being developed in accordance with the purposes, intent and provisions of Chapter 14 and Chapter 44 of the City of Winter Springs Code of Ordinances. Irrigation System. From the point of connection to the City's service line valve and extending through the use of inground sprinkler system to be operated and maintained by the customer. Potable Water. Water that has been treated for human consumption and is distributed to the public by water distribution mains. Reclaimed Water. Highly treated effluent from the wastewater treatment plant which meets or exceeds requirements for public access as set forth by the Florida Department of Environmental Regulation. Not for human consumption. Revised 12/19/88 Reclaimed Water System. That portion of the system per- taining to storage, pumps, chlorination, distribution mains, service lines and valves used to distribute reclaimed water. Tract. All lots or portions thereof served by the par- ticular connection regardless of what portion of the lot or lots are actually being irrigated. Sec. 2 - SYSTEM ROUTING AND CONSTRUCTION. (1) The City of Winter Springs will establish a route and install a reclaimed water system based on the most cost effective method utiliz- ing facilities in existence at the present time. The expansion of which will be based on an as needed basis, cost factors, and on the amount of applications received from residents wishing to connect to the reclaimed water system. (2) General. Developers of properties which contain or abut these routes shall install reclaimed water systems in an appropriate easement to be dedicated to the City of Winter Springs upon completion. All reclaimed water systems shall be designed by a Florida registered engineer and in accordance with the regulations of the City and the State of Florida Depart- ment of Environmental Regulation. (3) The City will operate and maintain the reclaimed water system only. A developer shall design and install irrigation systems to maintain common areas, model homes or lots. All such irrigation systems shall be operated and maintained by the developer, property owners or homeowners association. No potable water irrigation meters will be installed within an area serviced by a reclaimed water system. (4) Irrigation System - Requirements. All irrigation systems that are connected to the reclaimed water lines shall be inground without over spray to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water system will not be allowed. The use of reclaimed water is for irrigation purposes only. It is unlawful to make connections from the reclaimed water system to any building or other source of water supply. Inspections of all irrigation systems installed will be made by Utility personnel prior to connection to ~he reclaimed water system. Sec. 3 - RECLAIMED WATER RATES. (a) A rate shall be charged to the customers on the re- claimed water system in accordance with the following schedule: (1) For nonmetered service for tracts of 1/2 acre in size or smaller, the monthly charge shall be set by resolution. (2) For nonmetered service for larger tracts an additional fee per each additional 1/2 acre, or portion thereof, in excess of 1/2 acre, shall be added to the base charge as set by resolution. (3)For customers on metered service, the charges shall be an additional fee per one thousand (1,000) gallons, but in no case shall be less than the base charges as set by resolution. (b) Metered service shall be required where peak demand is expected to exceed either 500 gallons per minute or 50,000 gallons per month. The customer shall be required to pay all costs associated with the purchase and installation of the meter. The Utility Manager may waive the requirement for a meter where a suitable alternative method exists for the calculation of the water usage and where the customer agrees to pay the metered rate for the calculated amount of water usage. (c) Connection to the reclaimed water system; connection charges. All connection to the reclaimed water system shall be approved by the Utility Manager. The total connection charge will consist of tapping fee for the reclaimed water service and the fee for installing a backflow pre- ention device on each potable water line servicing the same tract. -2- Nonmetered Service Size Tapping Fee/ Plus Material Backflow Prevention Fee 3/4" to 1-1/2" 2" to 8" $150.00 Actual Cost Actual Cost Actual Cost As an incentive to customers within an area of planned reuse expansion, and to allow the City to make as many taps as possible during construction, all taps for 3/4" or 1" service will be made without charge to those customers applying for service prior to the beginning of construction. (d) A customer whose service has been discontinued may resume reclaimed water service after paying any past due amounts and a re- connection fee. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than Ten Dollars ($10.00). (e) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be reconnected until the City Manager receives adequate assurance and guarantees that such a violation will not recur. Sec. 4 - PROMULGATION AND ENFORCEMENT OF RECLAIMED WATER SERVICE PROCEDURES AND REGULATIONS. (a) The City Manager shall have the power to promulgate procedures and regulations with respect to the following matters which pro- cedures and regulations shall become effective upon resolution approving same being adopted by City Commission. (1) Application procedures and requirements. ~2) Installation requirements including specifica- tions of acceptable materials, devices and regulations to help prevent backflow or cross-connection with other systems. (3) Procedures for the orderly expansion of reclaimed water system. (4) Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water including procedures for inspection of the customers system. (5) Procedures and regulations for the efficient operation of the reclaimed water system. (b) Notwithstanding the foregoing, the City Manager may, when necessary for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, establish regula- tions regarding the following matters which regulations shall be effective at the time and regarding: (1) The time(s) of day or night during which the reclaimed water may be used by customers. (2) The maximum rate of use of the reclaimed water. (c) No persons shall construct, operate, maintain to allow to remain present on property owned or controlled by him, any device or system which is connected to the City's reclaimed water system and which is not in compliance with all provisions of this code related to reclaimed water and with all procedures and regulations pursuant to this section. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the City for the amount by which the costs associated with the securing and/or the noncomplying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncomplying device or system is located. (d) Any customer whose reclaimed water system is in vio- lation of a City Ordinance, regulation, or procedure shall be subject to immediate discontinuance of reclaimed water service. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution. -3- (e) No person, unless expressly authorized by the City Manager or his designee, shall tamper with, work on, or in any way alter or damage any City reclaimed water facility. Tampering or work shall include, but is not limited to opening or closing of valves, or causing of any water to flow from the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal expenses, but payment of or correction of such damage shall not relieve the offending person from civil or criminal penalties the City or court of law may impose for a violation of City Ordinance. (f) Fees for reclaimed water service shall be applied to customers monthly water bill. Payment shall be made in accordance with Section 16-46 of Ordinance Number 356 of the City of Winter Springs. (g) No person shall allow any reclaimed water to be consumed by any human being or animal. Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the health of any person, animal or plant. Sec. 5 - INSPECTION. (a) To insure that the provisions of the City Ordinance and regulations and procedures are being observed, the City reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the reclaimed water system. (1) Inspection without cause to believe that an ordinance or regulation is being violated shall be at reasonable times and shall not exceed a reasonable frequency. (2) Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated. (b) Each customer of reclaimed water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection. Failure of the City to obtain such a written waiver shall not effect the right of the City to proceed pursuant to subsection (a) of this section. (c) Refusing to permit an authorized City agent or employee to enter onto the premises for the purpose of inspecting the customers re- claimed water system pursuant to this section of the Code shall constitute a violation of this section of the City Code and shall be grounds for immediate discontinuance of the reclaimed water service by the City to the subject premises. SECTION II - SEVERABILITY. If for any reason a provision of the Ordinance or the application thereof to any person, group of persons or circumstances is held invalid, the invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provision or applica- tion, and to this end the provisions of the Ordinance are severable. This Ordinance shall take effect immediately upon its final passage and adoption and shall apply to all lands in the City. SECTION III - CONFLICTS That all ordinances or parts of Ordinances or parts of Ordinances in conflict herewith are hereby repealed. -4- SECTION IV - EFFECTIVE DATE This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 9th day of January, 1989. CITY OF WINTER SPRINGS LEANNE M. GROVE , MAYOR Attest: Mary T. Norton City Clerk First Reading 11/14/88 Posted 11/15/88 Public Hearing and Second Reading Jan. 9, 1989 -5- The-Orlando Sentinel Publiahed Daily Altamonte Spring., Seminole County, Florida ADVERTISING CHARGE $49.91 ~htt~ of Jflori~m} SS. COUNTY OF ORANGE Sworn to and subscribed before me this 27th day NonCE OF PUBlIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commission of the City of Winter Springs, Florida. lhel said Commission will hold ~ Public Hearing on an ordi- nance entiUed ,as follows: ORDINANCE NO. 443 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,'PRO- VlDlNG FOR THE ADOPTION OF A RECLAIMED WATER SYSTEM FOR THE CITY OF WINTER SPRINGS. PROVIDING FOR A RECLAIMED WATER SYSTEM ROUTING AND EXPANSION PROGRAM; - PROVI[)" ING FOR THE REQUIREMENTS OF DEVELOPMENTS; PROVIDING IR- RIGATION SYSTEM REQUIRE- MENTS; PROVI 1'OR RATES , ANOC T "..~,'..*' :~ -"" CLAIMED WATER CAN BE DISCONTINUED; AUTHORIZ- ING THE CITY'MANAGER TO REC- OMMEND TO CITY COUNCIL PRQ. CEOURES AND REGULATIONS REGARDING RECLAIMED WATER; AUTHORIZING THE CITY MAN- AGER TO PROMULGATE AND EN- FORCE CERTAIN PROCEDURES AND REGULATIONS PROVIDING FOR THE RIGHT OF INSPECTION OF RECLAIMED WATER SYSTEMS OR DEVICES WHICH CONNECT TO OR CONTROL RECLAIMED WATER; PBOVIDING FOR SEVER- ABILITY, CQNFUCTS AND AN EF- FECTIVE DATE. Thi$ Public Hearing will be held at 7:30 p.m. on January 9, 1989, or as soon lhereatler as possible in the Commis- sion Chamber, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708'- Copies of the prOllOS8d ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this' hearing and be heard with respect to this proposed ordinance. Persons are advised that d they decide to appeal any decision made at this meeting. they will need a record of the proceedings and for such purpose, they mey need to ensure \h8t a verbatim re- cord of the proceedings is made which I record includes the testimony and evi- dence upon which the appeal is to be based per Section 286.0105 Florida Slatutes. Dated ~~t~*Ic:k~S~=GS, FLORIDA . IS/Mary T. NOtton Mary T. Norton City Clerk LS-951(Bs) .....'..;.," Before the undersigned authority personally appeared Virginia E. Skurow , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being.. Notice of Public Hearinq in the matter of Oroinance No 44l in the Court, was published in said newspaper in the issues of l')p("p'fnf1PT ?S, 19RR Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. k/ ~..~ ~ NOTARY PUBLIC> State ot Florida,t La11!& My CommissiDn Expires MlfY 25, 1991 Bonded By AMERICAN PIOl'lt tll C-A91IAl TV INS. CO of 0ec.25,1988 FORM NO. AD-264