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Ordinance No. 80-13-83 v ORDINANCE NO. 80-13-83 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended by adding a new article to Chapter 22, which article shall read as follows: "ARTICLE V. RECLAIMED WATER SYSTEM Sec. 22-350. Definitions. Whenever used in this article, the following words and terms shall have the following meanings: Applicant shall mean a potential customer or developer or an authorized agent of a potential customer or developer. Backflow prevention device means a device designed to prevent contamination of the potable water system from any other piping system such as the reclaimed water system, as described in Section 22-43. Cross-connection means any physical connection or arrangement which would allow the transfer of fluids, including waters, between the city's potable water supply and distribution system, the reclaimed water supply and distribution system or any other nonpotable water source, as detailed in Section 22-42. Customer means the actual user of the reclaimed water. Director of public utilities (also referred to as the director) means the individual responsible for the technical and operational activities of the public utilities department of the city. Discontinuation of service means cessation of a service or an appropriate method to ensure that no service can be received. District means St. Johns River Water Management District. Dual distribution system means a two-component water distribution system designed to serve an area. One component delivers potable water for drinking, cooking, bathing and other uses requiring potable water. The other component delivers reclaimed water for irrigation and other uses not requiring potable water. While these two systems may parallel one another and both may serve a property, there is no interconnection and their separation is strictly defined and carefully monitored. FAC means Florida Administrative Code. FDEP means the Florida Department of Environmental Protection, or its successor in function. Irrigation system means the customer's in-ground piped system which delivers water to spray or drip-type irrigation devices located throughout the property. Reclaimed water means effluent from city-owned and operated wastewater treatment plants, which effluent has been treated to standards in compliance with the requirements of the FDEP. Reclaimed water charges means all other charges relating to providing or discontinuing reclaimed water service. Reclaimed water rates means the monthly charges for reclaimed water service, which have been established by and may be changed by ordinance of the City Commission. Reclaimed water reuse system means those reclaimed water distribution mains, lines, fittings, valves, and appurtenances installed in public right-of-way or utility easements, which are owned by the city. Reuse means the deliberate application of reclaimed water, in compliance with FDEP and District rules, for a beneficial purpose. Service line means that conduit for reclaimed water from the distribution main to the customers' meters. Sec. 22-351. Purpose, Public Policy and Benefits. The purpose of this article is to create a reclaimed water reuse program for the city's water and sewer service area; to encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications; to curtail the discharge of treated effluent from the wastewater treatment plant to surface waters; and to protect the health and safety of the community and users of the potable water system by promoting proper use and operation of a reclaimed water system. The Commission declares as a matter of public policy that encouraging and promoting water conservation and the reuse of reclaimed water are local objectives and are considered to be in the public interest. Ordinance No. 80-13-83 Page 2 of 7 The benefits to be derived from the success of this program are several, and include conservation of the potable water supply, reuse of a valuable water resource, reduction in nutrient discharge to surface waters, and utilization of an environmentally safe and sensible method to reuse reclaimed water. Sec. 22-352. Relationship to other laws. Rule 62-610 of the Florida Administrative Code, titled "Reuse of Reclaimed Water and Land Application," is hereby adopted by reference in this article. In case of a conflict between any provision of chapter [rule] 62-610 and the city's reclaimed water policies and regulations, the more stringent provision shall prevail. No part of this Chapter shall be construed in a manner that conflicts with the exclusive authority of the Florida Department of Environmental Protection and the St. Johns River Water Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt. II. Sec. 22-353. Connection required. (a) Where available, for new construction and where an irrigation system will be installed, the owner of every lot or parcel of land within the city's water and sewer service area developed for residential, public, commercial, office, industrial, warehousing, or multifamily use shall connect or cause to be connected with the reclaimed water distribution system. All connections shall be made in accordance with regulations of the city and FDEP and approved by the director. This provision shall not be construed to entitle any person to cross the property of another to make such connection. Existing water customers shall have the option to connect to the reclaimed water system. (b) The reclaimed water distribution system is deemed available to the owner, tenant or occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place containing such system; and, where the distance from the reclaimed water distribution system and the property line is less than or equal to the distances set out in Table 1, below. Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one inch per week for the irrigable area of the property. The irrigation rate equals 3,900 gallons per day per acre of irrigable area. Table 1. Irrigation Demand Max. Distance from the Development Property Line to Development the Reclaimed Water Facility (gallons per day) (feet) <25,000 100 25,000-50,000 300 50,100-100,000 600 >100,000 1,350 Ordinance No. 80-13-83 Page 3 of 7 (c) Single-family home developments approved for construction, shall include reclaimed water distribution mains and shall connect to the system when reclaimed water service becomes available. Such reclaimed water lines(or dry lines in the event reclaimed water service is not then presently available at the time of the issuance of a certificate of occupancy or completion) shall be installed in such a manner as to provide service to the entire property of the development. These lines shall be installed during the initial placement of other required infrastructure items and prior to issuance of a certificate of occupancy for the specific site or development. The cost of installing this system shall be borne by the developer. (d) All connections to the reclaimed water system shall be metered. Sec. 22-354. Design, construction and ownership of new reclaimed water facilities. (a) All reclaimed water facilities shall be designed and constructed according to applicable state and local policies, standards and specifications. (b) The applicant shall design, permit and construct, at the applicant's expense, the off-site reclaimed water mains, valves and accessories necessary to extend the provider's reclaimed water service to the development according to the criteria in Table 1. (c) The applicant shall design, permit and construct at the applicant's expense, the reclaimed water distribution system to provide reclaimed water service to individual customers within the development. (d) All reclaimed water distribution systems and facilities constructed by an applicant in public easements or rights-of-way shall be conveyed to the City for operations and maintenance according to existing City policies for acceptance of water and wastewater facilities. Sec. 22-355. Use of reclaimed water. (a) All uses of reclaimed water shall be in accordance with applicable rules of the Florida Department of Environmental Protection and other regulatory agencies having jurisdiction. (b) Each customer shall be solely responsible for maintaining the customer's reclaimed water system in good working condition. (d) The City shall monitor reclaimed water connections on its system so as not to exceed the capacity of the system. While it is the intent of the Commission that the City shall maximize the reuse of reclaimed water, the Commission recognizes that, at times, it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any provision of this article,the City makes no representation about the continuing availability or implementation of reclaimed water service. Ordinance No. 80-13-83 Page 4 of 7 Sec. 22-356. Cross Connection Control (a) Cross connections between reclaimed water facilities and potable water facilities are prohibited. The presence of a cross connection on a customer's property shall constitute a violation of this article and shall be grounds for immediate discontinuance of either the potable or reclaimed water service to the customer's premises. (b) On all premises where reclaimed water service or another source of nonpotable water exists, the public potable water supply shall be protected by an approved backflow prevention device installed on the customer's side of the City potable water service. On all premises where there is a reclaimed water supply or other auxiliary water supply, there shall be no cross connection between such supply and the consumer's City supplied potable water system. All backflow prevention devices and materials installed for cross connection protection shall be subject to the approval of the city manager or his designee and shall be installed at the customer's expense. (c) Where a cross connection is found to exist it shall be disconnected by the customer. If the customer fails to disconnect immediately,the city shall immediately discontinue potable water and reclaimed water service at the point of supply. Before reconnection of service is granted, the public water system shall be reinspected to verify that cross connection has been eliminated, that it has been protected against the possibility of future illegal cross connections, and that a proper backflow prevention device has been installed, tested and accepted to the city manager or his designee. Additional backflow prevention devices may be required as specified by the city manager or his designee and installed at the customer's expense. Sec. 22-357. Unauthorized work on reclaimed water facilities. Unless expressly authorized in writing by the City, no individual or organization shall tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering with or working on a reclaimed water facility includes, but shall not be limited to, opening or closing of valves, or causing any water to flow from the system. No unauthorized person shall cut into or make any connection to the system. In addition to any penalties, the offending person shall be liable for the cost of all charges attributable to correcting such tampering, including attorney's fees. Sec. 22-358. Inspections. To ascertain and ensure compliance with the provisions of this article and related regulations, the City may inspect, secure and/or disconnect any and all devices wherever located that connect to or control any discharge from reclaimed water facilities. Inspections may be made by authorized personnel at such times and with such frequency deemed necessary. Ordinance No. 80-13-83 Page 5 of 7 Sec. 22-359. Restrictions on Use of Wells (a) Dual or temporary connections of wells to irrigation systems served by reclaimed water are not permitted. Existing private irrigation systems which connect to the reclaimed water system and are presently served by an on-site well or other water source shall disconnect the well or other water source permanently. (b) No potable water wells shall be permitted within 75 feet of any areas irrigated by reclaimed water. In addition, no potable water wells shall be allowed within 75 feet of any reclaimed water lines, valves or pumps. Sec. 22-360. Discontinuance of service The City may discontinue reclaimed water service to any customer due to an infraction of the procedures and regulations set out in this article, nonpayment of bills, for tampering with any service, for plumbing cross connections with another water source, or for other reasons that are detrimental to the system. The city has the right to cease service until the condition is corrected and all costs due the city are paid. These costs may include delinquent billings, connection charges, and payment for any damage caused to the system. Should a discontinued service be turned on without authorization,then the utility may remove the service and make an additional charge as established by current city ordinances or fee resolutions. Section 22-361. City's right to refuse service. (a) No connection shall be made to the reclaimed water system unless specifically approved by the city manager or his/her designee. (b) No payment of any costs, submittal of any application or any other act to receive reclaimed water reuse service shall guarantee such service. The city shall have the right, at all times, to refuse to extend services on the basis that a use is detrimental to the system; or there is an inadequate supply of reclaimed water; or lack of payment of required service charges; or for any other reason which, in the judgment of the city manager, will cause the extension not to be in the best interests of the city. Section 22-363. City not liable for interruptions in service; right of City to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of reclaimed water for repairs, extensions or connections, or from the accidental failure of the reclaimed water supply from any cause whatsoever. In cases of emergency,the city shall have the right to restrict the use of reclaimed water in any reasonable manner for the protection of the city and its reclaimed water supply. Ordinance No. 80-13-83 Page 6 of 7 Section 22-364. Billing and collection of fees. (a) The reclaimed water fees and charges shall be billed and collected with the monthly utility bill for those properties utilizing City utilities. The reclaimed water fees and charges shall be billed and collected separately for those developed lots or parcels and owners thereof not utilizing other City utilities. (b) All bills for reclaimed water fees and charges shall be rendered monthly and shall be payable at the same time and in the same manner and subject to the same penalties as utility bills of the City under the terms and conditions of the Code of the City. Sections 22-365 to 22-425. Reserved. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 8th day of July 2013. PASSED by the City Commission on second reading this 12th day of August 2013. ATTEST: o�: r c��wYtd- 1, Donna L. Bartle, City Clerk Mike Borno, Mayor Appr•v-d as to form and correctness: / 4 a V/IA.. , , ' P. Jensen, Esquire Attorney Ordinance No. 80-13-83 Page 7 of 7