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