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Exh 8C,~ A r ~ q AGENDA ITEM: DATE: SUBMITTED BY: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Sewer Connection Requirements August 3, 1999 David E. Thompson, City Manager BACKGROUND: On April 20, 1999, the City Manager explained in a City Manager Report to the City Commission that a review of the State Law, relative to sewer connections, requires the City to notify homeowners to connect to the public city system if it is available. At the June 14, 1999 City Commission Meeting, the City Manager raised the issue of the 90 day billing for sewer service whether or not the homeowners are connected to the City system. This was discussed, and there was no action to alter the City Staff proposal to initiate billing after the 90 day notification. However, no official action was taken at that time. In June 1999, the City Staff started mailing out notifications to homeowners who were registered on City water, but not on City sewerage. This list contained 277 names. The notifications were mailed out in batches, so affected property owners received notification at different times. On July 19, 1999, a Town Meeting was scheduled to discuss this issue. At that time, it was requested by Commissioner Mitchelson that this be put on the August 9, 1999 Commission agenda for discussion and action. At the July 26, 1999 City Commission meeting, staff was directed to prepare a question for the Attorney General relative to enforcement of the state law, and staff was directed to communicate with the Department of Health relative to enforcement and whether an evaluation of the effected areas could be done by the Department of Health. A review of the matter has established several important points for review: r 1. The State Law requires the City to notify homeowners of the availability of the system. 2. The Department of Health does not enforce this requirement unless there are failing. systems and an immediate threat to public health is present. 3. The City of Atlantic Beach is empowered to enforce the connection requirement. 4. "Grandfathering" does not provide an exception for people to avoid the connection requirement. S. The previous city code that "exempts" homeowners from the requirement to connect, if they were paying assessments before 1995, conflicts with state law. 6. There were promises made by prior elected officials that homeowners would not have to connect to the sewerage system until their septic systems failed. 7. The attached question (Is the City of Atlantic Beach required to enforce homeowner hookup to City owned sewerage system by virtue of Sec. 381.006SS, Florida Statutes?) has been provided to the Attorney General for review. 8. The City Commission has the discretion to determine whether or not to start billing for sewer service 90 days after the notification. 9. The City Code is actually more restrictive than state law for homeowners not paying assessments before 1995... they are required to connect to the system within 90 days, but notices have not been sent to them at this time requiring the 90 day hookup. RECOIVIlVIENDATION: Staff has previously recommended compliance with State Law including the requirement to connect within 36S days. Relative to the billing in 90 days whether or not the homeowner is connected to the system, staff is planning to proceed with the billing unless the Commission directs otherwise. ATTACHMENTS: Notification Letter and attached State Statute 381.00655 City Code 22-90 requiring connection to the sewerage system, but exempting certain homeowners City Code 22-175 regarding billing after 90 days Memorandum dated Apri17, 1997 from Jacksonville Assistant General Counsel including the Pasco County Attorney. General Opinion Copy of Times Union Article, July 27, 1999 Memorandum dated July 28, 1999 regarding Department of Health discussions Memorandum dated July 30, 1999 regarding Department of Health evaluations Memorandum dated August 2, 1999 from City Attorney Alan Jensen proposing a question for the Attorney General, with attached copy of the Oath of Office administered to Atlantic Beach elected officials REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: J ~~ e ~ ,.~ ~~ ~ " CITY OF ~^+, ~fi~~ ~~ -fie . -- ~- --~- June 18,1999 VIA CERTIFIED MAIL • " Reference: Dear The City has recently reviewed the State Statutes and City Codes relative to .utilities, and we have recognized that there are properties in Atlantic Beach that are not connected to the City sanitary sewer system. The City is obligated to notify property owners when the City central sewerage system is available, and we have not been able to confirm that any notification has been made to you in the past. The purpose of this correspondence is to provide notification of the availability of the sewerage system for your property referenced above, and to provide information about the connection requirements and the necessary steps to connect to the system. Florida Law requires connection to City sewer service where it exists. These regulations were enacted to protect the environment and the public health. Florida Statutes Section 381.00655 requires connection to the City sewer system within 365 days from the date of notice of sewer availability. Atlantic Beach City Code Section 22-175 requires the City to commence billing for sewer service within 90 days from this date of notice, whether or not connection has been made to the sewer. The connection to the City sewer system must be performed by a licensed plumber selected and paid by the property owner. Your septic tank must be properly abandoned after connection to the sewer system, and your plumber can perform this function and obtain the necessary permits from the Duval County Health Department and the Atlantic Beach Building Department. City impact fees, and possibly tap fees, will be assessed at the time the plumbing permit is issued by the Atlantic Beach Building Department. These fees are calculated by the Building Department based on several factors regarding your specific property. For this reason, we are unable to provide you with a specific dollar amount until your application is reviewed. However, the "typical" Sewer Impact Fee for a single family, residential connection is $1,250. The City will offer a payment plan for those people who need to finance this expense. ', I hope that this information is helpful to you. Tf you have any questions regarding the permitting and procedures for this connection, please contact Mr. Don Fard, Building Official, at 904-247-5826. For questions regarding billing for sewer service, contact our Customer Service Supervisor, Joyce Lanier at 904-247-5816. ~ ~ . Sincerely, David I;. 'lhompson _ City lYlanager Attachment: ~ Florida State Statute 381.00655 Connection of onsite selvage treatment and disposal systems to~central sewerage system; requirements. . '.: ,_ 351.00655 Connection of existing onsite setivage treatment and disposal s}'stems to central sewerage s}stem; requirements.- (l) (a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after writtZn notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability. The owner shall have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the date of the initial notification of anticipated availability. Nothing in this section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October 1, 1993. Nothing in this paragraph limits the power of a municipality or county to enforce other laws for the protection of the public health and safety. (b) The owner of an onsite sewage treatment and disposal system that needs repair or modification to function in a sanitary manner or to comply tivith the requirements of ss. 3S 1.006-331.0067 or rules adopted under those sections must connect to an available publicly owned or investor-owned sewerage system within 90 days after «-ritten notification from the department. In hardship cases, upon request of the owner, the department may approve an extension of not more than 90 days for sewerage connection. The department may approve only one extension. This paragraph does not authorize the owner of the onsite sewage treatment and disposal system to create or maintain a sanitary nuisance. (2) The provisions of subsection (1) or any other provision of la«• to the contrary notwithstanding: (a) The local governing body of the jurisdiction in which the o«-ner of the onsite sewage treatment and disposal system resides may provide that any connection fee charged under this section by aninvestor-owned sewerage system may be paid without interest in monthly installments, over a period of time not to exceed 5 years from the date the sewerage system becomes available if it determines that the owner has demonstrated a financial hardship. The local governing body shall establish criteria for making this determination which take into account the owner's net worth, income, and financial needs. (b) A publicly owned or investor-owned sewerage system may, with the approval of the department, waive the requirement of mandatory onsite sewage disposal connection if it determines that such connection is not required in the public interest due to public health considerations. History.- s. 3. ch. 9~- I ~ I . 1997 Florida Staunc> ORDINANCE N0. 80-94-53 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES, UTILITIES, BY AMENDING SEC. 22-90 ADDING FOR FAILURE OF AN ONSITE SEWAGE DISPOSAL SYSTEM AND DEFINING FAILURE, SEC. 22-92 ADDING A REPORTING REQUIREMENT FOR A FAILED ONSITE SEWAGE DISPOSAL SYSTEM, SEC. 22-91 REQUIRED PERMITTING AND INSPECTION, AND SEC. 22-79. BE IT ORDAINED by the City Commission of Atlantic Beach, Florida: Section 1. Add to Sec. 22-79 The requirement to hook up to the City's sewer system will not be required of property owners who began paying an assessment for sewer lines before February 1, 1995, unless their septic systems fail. Section 2. Ordinances of the amended to read as Sec. 22-90 of Chapter 22 of the Code of City of Atlantic Beach, Florida, is hereby follows: Sec. 22-90. Connection to public sewers; failure, cleaning and filling. ~At such time as a public sewer becomes available to a property served by a private wastewater disposal system (Onsite Sewage Disposal System), as provided in section 22-89, or when a failure of said OSDS occurs, the property owner shall be notified by the City that a direct connection shall be made to the public sewer within ninety (90) days in compliance with this article. Said failed septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. The requirement to hook-up to the City's sewer system will not be required of property owners who began paying an assessment for sewer lines before February 1, 1995.unless their OSDS fails. Property already served by the City sewer system shall remain on the City sewer system. Failure is defined as a condition existing within an OSDS which prohibits the system from functioning in a sanitary manner. Failure may result in the discharge of untreated or partially treated wastewater onto ground surface, into surface water, or into ground water. Failure may cause building plumbing to discharge improperly. Section 3. Sec. 22-91 Maintenance The Owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the City. Any and all maintenance or repair to a private OSDS must be permitted and inspected by the City Building Department. Section 4. Sec. 22-92 is added to Chapter 22 of the Code of Ordinances of the City of Atlantic Beach, Florida to read as follows: At such time as a private OSDS fails, as defined in Sec. 22-90 of this article, a written report shall be made by the owner of said OSDS to the City within seven (7) days of such failure. Section 5. This Ordinance shall take effect immediately upon its final passage and adoption. ' PASSED by the City Commission on first reading this 14th day of November 1994. PASSED by the City Commission on second and final reading this 28th day of November 1994. Lv n T. Fletcher Mayor, Presiding Officer ATTEST: ~'^' G~ .1 Maur en Kir.g',_ CMC ~ App oved as to form and correctness: lan C. J sen, Esquire City Att ney All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. ~ ~ . (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-1.73. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be computed as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, §..8),~6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-1.74. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and~after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty often (10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charge of ffteen dollars ($15.00). If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien on the property being serviced which maybe foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No. 80-92- 51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96) ~~ Sec. 22-175. Sewer charges applicable if sewer available. t The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) :°• _dui-14-89 01:06pm Frem-OFFICE OF Thy 441YOr ..~- OFFICE OF GEI~TERAL COUNSEL CIT2' OF rACII~SQNYILT~E I300 City $aA ZZQ E, Bay Street ~ac}~csonville, Florida 32202. 'a'elephpne (9134} b30-1700 9oc6302381 T-735 P.O1/C8 F-b90 ~1~~~ `1~,rLCiV~ 4 ~ Y'~ 6 TO: Johnl~. Sally, C.P.A, Chief Support Division, D epartmem of Fabric Utilities I+'R{)iYI: John T. Alderson, Jr., Assistant General Counsel DATE: April 7, 1997 ' ~2E: Mandatory Seder Hoo}.-upslFlorida Statute 381.OObSS This is to confirm the information I Left on your voice mail regarding the responsibilities of the Department of Health and Rehabilitative Services (HRS) to enforce the pertinent statute. Attzched is a copy ofFlorida At~mey Cxeneral Qpirnorl96-09. You wiA note that the foundation far HRS responsibility isRule l OD-6.0b0(2)(b) of the Florida Administrative Code. Unforturateiy, this Rule has now beer: repealyd, perhaps in response to AGO Opinion 96.09 My reason for suspecting that the Attorney General's Qpinion precipitated the repeal of the Rule is the discussion on page 2 (labeled page 3 at the top of the page) of the opiraon which begins with the language "Altltough the statute requires ..:'. ;`Tote Y at the bottom of this page funhet points out the fact that there is no mandate for enforcement by JiRS in 381.o065S, whereas, there is a provision mandating enforcement by FIRS in Section 3 8I.0065. Taking these cotnmenu as an indication that the only reason HRS is responsible far enforcement is because of their Ruiz, repeal of the Rule would leave enforcement up to local governments as suggested in the options available for Pasco County. I would stilt recommend interacting with HRS to determine thew position retarding 381.Ofl655. Ifmy suspicions are correct, we will need to exercise Home Rule powers along the lines discussed in AGO 96-09. Assuming FIRS cottfirm> my research which indicates that they are out of the enforcement busutess regarding Section 381.00655, there may be one area of possible reconsideration. Pursuant to Florida Statute Section 381 0065, I:iRS is required ~to "adopt rules to administer ss. 381.QOb5- 381.0067". This includes Section 381.00655 and under the Florida Administrative Procedure Act ~•Jv1-14-9~ Oi:06pm Frcm-OFFICE CF THc laAYCR 9045302391 T-735 P.G2/03 F-690 John E. Jolty, C.P.A., Chief April 7, 199 Page 2 (Chapter I20), there is a procedure for petitioning for the adoption of a rule. Tlzp "equities" regarding the fact that ~•IRS cart farce the construction of sewer Iines and certainly should follow up with •enforcing the provisions of a. state statute regarding ma^~datary hoops would appear compelling. However, before we begin any effort in this area, it would be my recomtt;endation that we hati•e discussions with l~iFtS. Please provide a copy of this memorandum and the attachment to all those on your eontmittee. . ~~ : • .~ • -ohn'T. Alderso 'stant General Counsel YT'AJr: cs attachment 1:'AtCS:MA.'1zV••~vrPS~J.i5~oM13C 71'n~ro~Lr.cLibM '' Jul-14-99 O1:Oiptr Frcm-~FFICE OF TFE 1r~Y0R 50463023&1 Z-735 P.03/CB F-690 1E'agc 2 ~rsL 1 - 1 op 1 eFSB Office of the Attorney General of the State of Florida 9b-49 x996 FIa..AG ISXYS 17 .. February Z, 1995 (*1~ 23s. }'aria A. Stetter Pasco County Attorney 753Q Little Road, Suite 3#.0 HeW Port P.ichey, Florida 3465# You have asked far my opinion on substantially the folla~ving question: Is PasCO CQtuitY authot~Red by section 381.OQ655, Florida Statutes, to erifarce homeowrsr hookup to private or investor-oxzed sewerage systems as ma-sated by the statute? 7n au~:: .. Section 381.OOb55, Florida.~Statutes, does not authorize a cou.~sty to enforce the requires:ents of the statute . Hoxever•, Falco County mcy, puXttua.-sc to its 2:ome xule powerB, adopt an ordinance providing for erforcetrent of the statute by the county. Section 381.OJb55, Florida SLatute9+ provides for cozu:ection to central. sewerage systems by property ovrtera who currently have onsite sewage treatment and disposal systems. An onsite Sewage treaunent system wculd include such t.'~iggs as septic systems, The statute provides that: The owner of a properly functioning onsite sewage treaGZnent and disposal system, excluding an approved onsite gray~ater nl system, must connect the system or the. buildi::g~s plumbing co an available publicly oxaed or investor-owned sewerage system within 365 days after written notificatia•~ by the oxne,; of [*2~ the publicly owned or inveatar-ovmed sewerage system that the system is availab].E or co:.necta.on. TY:e publicly owned or investor-owned sewerage system must notify t*se a~mer, of the onsite sewage treatment and disposal aytstezt ow the availability of the centr3.l sewerage system. No less than 1 year prioz to the dale the r~ewerage system will become available, the publicly owned ar irvestor•oxned ae~terage system shall notify the affected owner of ttie onsite sewage treat;q_zst and disposal system of Xhe anticipated availability of the sewerage system and shall also riotiJ:y the owner that the os.~er will be required to connect to the aewe:age system xithin 3 year o: the actual availability. The owner s:ssll have the option of pzepaying the amortized value of required connection chaxgea in equal monthly iristallmerits ovex a pericd not to exceed 2 years tram the date of the initial notification of anticipated availability. Nothing i:s this paragraph limitB tre power of a munieipa;.ity, or county to enfoxcs ether lax8 for the protection of the public health and safety. n2 . • ;,Je1-14-H9 01:07pm Frog-OFFICE OF TFiE VAYOR 90453J239~ 'f-73~ P.04/08 F-590 . ~ ~ Aga 3 I99b Fla.. AG I-FX[S 17, *~' The statute also provides that the owner of an anaite sewage tlreaunent and disposal syatezrt that must bs xepaired in order [*3~ to Jrunatiati properly ztsu~t con.~ect to an available sewerage system within 9o days. - - - - - - - - - - - - - - - -Footnotes= - - - - - - - - - - - - - - - - n3 ~'GrayKateX" is defined in s. 382.0065(«) (d), Fla. Stet. (3.995}, as ~~that pant of d~testic Aewaga trat is not black:waz+ax, including waste frou: the bath, lavatory, laundry, and sink, except. kitchen sink waste r . - - - - - - - - - - - - - - - - -8nd Footnotes- - - - - - - - _ _ - _ - _ _ - - - - - - - - - - - - - - - - -8ootriotes. - - - - - - - - - - - - - - - n2 S~etion 3fi1.OQfi55 (1) (a} , Fla. Stet. (1995) . -=end 8oatnotes- Although the statute requires sewer hookup and makes provision for payment of hooitun fees, n3 t}iEre aze t3a statutorily prescribed pers~lties fox ~ailuxe to co~ecc to the system within c2le de&ig~tsd time period nor is an~oree~nent at,thor~ty specifically granted to-any &gency or entity by ssetion 38»..UD655, Florids Statutes, rii - - - - - - - - - - - - - - - - - -Fovtaotea- - - - - - - - - - - - - - - - - - n3 See, ic3. , authorizing tlae prepayment of the amortized value oz= required ::onnection chrczgea over a period of 2 years, and s. 381.A0655(2) {a), Fla. Stan. (1985) , aut2zorizi3tq the local gavernxng boc)y of the jurisdiction to prov~.o'e cl,.at cori.~ectic~ ~eea may be paid without intexeat in r.~oathly instalamsncs ovex a 5 yea: period. - - - - - - - - - - - - - - - -End Footnotes- - - - _ - - - - - - - - - - - :*~3 - - - - - - - - - - - - - - - - - -Poozrotes- - - .~ - - - - - - - - - - - - - n~ Compare, s. 381.a065(S), Fla. Stet. {I•gg5}, providing that personnel of the Aepa.x'i=menc of Health and Rehabilitative Services zttay enter p~emiaes which axe under permit for onsite sewage treatment and disposal systems in order to dstexm~.ne compliance with the provi~siorsa of applicable stazut:e~s BY~d providing that the dsparcmanF may issue citat~.ons ordering correction or payment of a fine far vialativna of these statutes; and staking violations of thes9 tzcazutes a second degree m~.sdemennor- - - - - - - - - - - - - - - - - -End Foot:notea- - - - - - - - - - - - - - - - • • .~ Ju1-14-9a 01:0?s:n Frcm-OFFICE GF THE !~AYGR 9046302391 T-?3"s P.05/03 F-690 Page 4 1996 Pla. Air 1j~CIS 27, '*4 However, adatiniacrazive rules of the Department o£ Health and Rehabilitative Services provide that the department may apply for art znjunctiott reszrainirig any parson fro..-- violating or continuing zo violate the provisions o£ Chapter 381, Flor;da Statutes, and authorize the department to i~npoae administrative fines for violations of section. 381.OOS55, Rule IOD-6.060(2) {b), Florida Adu;iniatrative Code, provides that: ~ ~ .• JCn addition. zo any adu~inisLrative action authorized bx Chapter 120, F.S., or by other lak, tine department ['53 shall impasE axt• ad~iniszrazive fine, •ahich shall not B,-.ceed S 500 for each violation, .for violation, of sections 38..0065--381.0066, F.S:,• ar any rule adopted thereunder. :dpL~Ce of intent zo itspoae such a fine shall be gwven by the department to this allegad violator. Each day 8 violation continues shall const~.tuze a separate violatior_. ~'l2uA, the DapartmeAt of Health and Rehabilitative $erv~.ces iu chsrgad with ttc~iniatracive eafarc~ent of tha }~rovisioris o4 aectirm 3x3..00655, Flor~.da Statutes. • Section 125.01{1} tk)1., Florida Statutes, authorizes noncY.arzer counties to "provide and regulate waste aid sewage collection and diBpoAal, Water acid altr~rnztiva gazer aupglies,• and conaervat~on programs." Pasco Cau~ty, a.s a nonchaxZer county, h&B "such poyrer of self-governtnsAt as iR provided by general os special law" under Article vzzx, section 1{f), Florida Constitution. ~'i:erefare, the county may sneer "county ordinances naz inconsistent .rich genez~a3. or special law.' n5 Ir. Speer v. Olson, n6 the Flarids Supreme Court has, in carsidsring the powexA o£ noncharter counties in light of section 125.01, Florida Statutes. n7 stated: The first sentence of Section {~6) 125.01{1), Florida Statutes, {1975}, grants to the governing body of a county the full power to carry on cotsncy government. IInlesR the Legislature has pre-empted a ga:tieular subject relating to county goverrunent by either general or spsczal lau, the county governing body, by reason of this sentence, has full authority to act through the exercise of name rule power. n8 - - - - - - - - - - - - - _ - -Fvotnotet~- - - - - - - - - - - - - - - - - - r.5 Article vT+I, 8. ltf), Fla. Cons=. - - - - - - - - - - - - _ - -End Footnotes- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Foo~no~en- - - - - - - - - - - - - - - - - - n6 367 So. 2d 207 tFle. 1978). - - - - - - - - - - - - - - - - -~Ad Fgo~.natee- - - - - - - - - - - - - - - - - • .; Jal-Id-99 Oi:08pm Fron-OFFICE 0= THE M41'OR 9046302391 T-735 F.08/08 F-690 p~ 5 1996 Fla. AG L~iS 17, '*b - - - - - - - - - - - - - - - -Fos~tnotes- - - - - - - - - - - - - - - - - n7 Section 125.01, Fla. Stet. (19951, provides that "the legislative and governing body of a county shall have the power to tarty on county government. To the extent~izot ineansietsnt with general or special law, this power.iacludES,• but is not restricted to, the power to (px'aceed as described thereinl." - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [*'7] - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - ra8 367 So. 2d at 211. And see, hoard of County Cos~issionexs of Hario-~ County v. b:cKeever, 436 So: 2d 239 {gla_ 5~h nCA 1983} {narcharter county had such power of self -gavex-ntt~sRt Afl a~}a Provided by gazsaral ar apecittl law and could eYt#~ct county orflinanCC6 Aat inconaa.atent with general ox special law}. - - - - - - - - - - - - - - - ,, -End Footnotes- - - - - - - - - - - - - - - - - W'Y-,ile :tothing in t~ecwion 381..O0fi55, 8lorida Statuteo, specifically auLhortzea Pasco Cou,-qty to t~nfoxce the provisions of the statute, the county is not foreclosed from taking local Legislative action providing for enforca«-:eut o: a~ectiori 381.00655, Florida Statutes. Z'he statute itself clearly recaS-aizas the authority of 'counties and municipalities to rt~nforce ocher laws for the protection of the public health and safety.' Tne provisions of section 381..00655, Florida Statutes, do not vest exclusive enorcement authority for that statute in the Aeuartnent of I:ealch a:.d Rehabilitati~re Services and, in the absence of such a pree~tiaz of this area, it would bE an appropriate subject zor county regulation. (*61 Thus. Pesco County may wish t4 eonsidsz adoptins a county ordina^.ce authorizing the cou.:zy to enforce sewage ayate:^t hookup ae required by section 381.00655, 81c:.i3a $LBtutNS. n9 - - - _ - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - n9 And sae, Ch. 86, Fla. Stat. (1995), whi:h would authorize C}:a cou.-qty to bring a declaratory judsn:=nt action to establish the rights of the county to enforce s. 381.00655, Fla. Stat. (19951. - - - - - - - - - - - - - - - - -Dnd Footnotes- - - - - - - - - - - - - - - - Robert A. >3utterworch, Attorney General.. Jal-i4-99 d1:09pm Frcm-OFFICE OF THE 641Y0R 9046302391 T-735 P.2f/08 F-E90 ~~/~) .. l03~•~~D DYPT.OFtiF.A.}rT~i 8 it$IJ1A.Si<iiYit~ moot sail u pluuc and atll form a cast cr bal! rbat wt11 boar much krradlia8• WhcA kncadad to the head it Qo*s Aar ~ztblc scadily but icras to tvtuk fnto a tray carnp>zcs huts. ti) Sandy clay -Sandy tray fcc:s cstraRiclY sdckyaad vtuy gt7tty. lVhaa rrous and totms a tirtr: ball and prodttcrs n ribbon that is Duct two tncb~ an 1cnQtb atforc CruhnY• {l) Sr1ty day -Si1lY c13y fce-s both plastic ana cxtrcrncly sticky whrn tnmst and lacks any gritty fcclttig. It fostns a brat tssll and readily ttooons to Duct two tnc3tcs ib lct:gix txtcrc It btuks.'Chis sots tas;turc is not cattuncts in ~ortca soils. (k) Clay - A clay fats rxcrcmcly lucky and u nctthcr gutty nor floury. When moo: t: forms a ribAOa crct iwo s: ctse8 in lcrgth sxfarc bru}aag.It w1A forts a ha:d ball or coat whrcA will not Dtcsk ..pep bsadled. (1) Crtgatµcsoils--Muck.pcat.andmuckypcat arc ustd is plxcc of uxtutal loss Hama In organs: salts. ?.Suck is wcil do:ompac¢ ortaatc soil tratcrial; peat coasuts o[ raw rsnq:~=tposcd o.•ysnic soil tna:aial; and tnttcky pcei dcsiQTlstcs tzxta7taala tatc.~iatc is deeawpouuan Aetwan mt:ck laced p~aat- (33 B~'dticats of tIu loll tsxit:rc ckssa atia~ia5t to disuibut~a of sin t.~ssscs at tsit;~ttl paraclcs less thaw 2 suilliract--rs ist d.aA:ct_"r arc to folidws: (a) Sands - 85 pcrarnt or mac sand and the pcrecnw8e o[ silt plus i ~ Ltmcs the Fercentsgc of clay u 1 S ar lw. t. Coarse Lard - 25 pcrcvat or taore very catrst and caarst sand aced Icss then SO porccnt any Ot'Jcr sattgle grads ar sana. 2. Sand - 25 percent or trare very coa:sc, coxsse and tnedsutn sand, bot Ica than :: pcrtxnt very eoarsc ana c4ane sar,.1, and ices than SO paint other fine saad ar very $ne sana. 3 Finc aand -- So pcrcutt or more brc sand; er !as t1•sn 2S pcrattt very eoatse. eorrsc, and meutum sand and less than SO percent ticry fins sand. a. Ycry (ipc sand -•-50 pctccnt or mot-. vary F.rc szf nd. (D) l.,:amy sonar - nt the upper hms 85 to 90 parccnt sand and the pcrantagc of atil plus l:~ urta the pcre:rtagc a clay is 15 or more, at the tower l:mtt 70 to 85 pcrccnt sand and the pcrcentxge of silt plus twist the pttccn:egc of eta; ;s 3p or Jess 1 Loamy w'"+tss: san4 -- 25 pcrunt of mots very aasrsc and warn sand and t~s that. SO pcrccnt any atlrr stn8lc g:adcaf sand. 7. Loamy sand - 2S pace,^.t or morn very caarsc, coarac. an4 m«lium sand xnd Icu than 50 putxnt ClthCr fins road or very fine sand 3 I..osmy fire sand - SO pcrccnt or mote fins sane: or lets than Si] paecrt very fine sand an4 less titan 25 pecans very coats;., coons, aid multum an4• a Lcsmy very fins san4 - 50 pcreeat or more very fine sand V. S, p. b'58-16 (c) Sandy lostns - 20 pcrctat a+ ltxs clay aced 52 pcrans ar taare sand ttJSd tDs pucc:ttage of Gilt plus tws`a the pcrccntagc of clay rtcccds }D; a lea. than 7 pctmit clay. less ihaa 50 pcttzr.: tile, aced bctwtxa ~3 dad 52 peruttt stand. 1. CoancaandYloso;-25porantorttsorcrcry ecarse and coats: sand xnd less thaa 50 percent any other stngk grads of sand. 2. Sandy loam - 30 pcrvcnt or morn tcry eo:trx, coarse. ants medium sand, but,l,:a than 25 pcrccnt very eaarsc and ooarsa ssttq, arq less than • ' 30 percent dtl:c: fiat sand or very floc sane. 3. 1~tnc ss:sdy loam - 34 pciccnt or mart fan: santl ant Icss iGSl: 30 pemat very fins send; or bctwtxa IS cad 30 pcrtxal very eoarae, eoxru, aaa mea:ttm sand; o: tuo:c rhea a0 paccnt tun and very Ent sand, at kut halt of whteh is tins sand, a:td ltss than 1S pcrccr;t vory conrsa, c:.acu. and mcdtum sarq. 4. Very line sandy loam - 30 pcra-ac ar mac very Gnc nand: ar mote char. 44 pe:ceA: fins and very fine sang, tit Icxtt hAU of wbteh u v:ry 5re sand, sad icss than I S p+;rccnt vc;y mxr;c, caatac, IInd e"~tt:tn send. (d} I-aut - 7 to 27 pcracat flay, 28 to 50 pczraat sill, ssul leis thstt SI pt~caz tatzd. {9) S~}Wtt:-`Al~tortgoresi~ttad;2ra 27 pcrtrut clay; or So w 80 pcm..ttt Gilt ana Ieu than 12 pcrvcat clay. ;() Silt ••-• 80 Fe:t;cne ar ttzare silt and less than 12 pt ;cent clay. (g) Sandy sky lcam -1D w 35 pcrrznt clay, lcu t,.sn 28 yc.~t stls, s: d 45 pcrcrnt or tntxo sand. lb) Cl.•.y loam-27 to 40 puoca: stay :nd ZO to 45 pcrccnt and. (t3 Silty clay to:ra - Z7 to 40 pcrcc,.t nay aced less t.ha.n ~Q percent sand. (j) Saadyclsy-35p^,csntortt:arcclayattd~5 pcrant or more sand lk) Silly clay - 40 paint ar more czy and 40 percent or more slit, (q Clay-a0 pcrccnt or mare ctzy, icss :han-}5 pair.: sand, and Icss titan 40 pctant sir. Sgrlic Styr;ortrr 13f.Dd, 331.0011, 331.PDd. Jd1,00dJ. 189.333. ~d9.JS7 lS La•. rra~lrrrrnt:d !Ji Dl. JBJ.fa' 1. 391.6011. 381 D~17. J8r.0073. 38r.RAS, 981 OG6l. 3y1 ta70J. 381.004!3. Jt<J.vas6.381.OOd7. Parr 1 Js6 FS tt+7twy-No*• 17.7:L81. itmr,~lea :•5.81, Forrntry 10A-d.J6• y~rrata 3.1'•7:,1.9.93 lOD-4.Oi9 Fees. SPrr,Jse rts.tRarty 381.0046 F.S' I.a•• Imple.+unrru 381.0056 FS llrsrory-11n. 7-S-SJ, Formerly IOD-6.59, .tnuaara JD•75-88.3-17.97. Rir~calcd S-: t9d t0I3-6.450 Flitorccmcat sad Pt~3t3es, Rl~t of Fstry. S-rrth: ,lwnor+ry IJf.Od 381.00!1, 381.006. 381.OCdJ. ~d9.SJ3, id9.J37 FS. la+r lraplcmcntcd 131.01. !31.001. 381 colt. 981.60x7. 3810073. a8r.oc4. 38J.Op6t. 9x1 OpdS. 38J @pdJS. 3810066.3810tkS', Pen 1986 PS. tfttresy-NrK 3.17-9?, .t~„traea 1-3.95. ncpeelta J-laso Dui-14-99 G1:G9pr Frcm OFFICE OF 7FE 441YOR 9GC6302391 F 6. Arty i~ lt'!~t wlJiful3g refs-Se r ~Q i~Dts stsd sCC$pri ti ~tion:sscttst Ay;ha daAatirnenI is BUII; of >d m ~ ~ of tt>~ cieprta r. ~~ ~ to ~.. s$ ~1og o ~ ~ a. 7I3.n~. y ~ainrrs. # ~ Fw~ct'satiPttt ttttk trust Funr, iortrso in ~ itt aSc~Pier489. ah~tl Aap~i e- Tt~t t.0c3tots F~~d~3 tats ttltrrp ~~~ ~vicas spacifr~t fri tnc>sa ah~tar~0®. This tin tlo~ ~ :~.~ ~ of srs~wtrtry8~ •~~-~at.OCxs7, der 9Ht3, ~ ~ tlt of ~' ~ itl at'ctZ,~g~~ ~'~ r'~et. rtnsasR ` ng ss. ~1,~•g~t_~t~37 ar chaAtes~ sirs~{A m~tt-lxt +ofenf ~'mY tmeatss• ~wovar, tts$ csv y ~ms~t fat ~. ~ vtalation. ~~~ mc~l don to trse ar.i ~ t~ta~r.-a$. 7. ~, g~ 4.5, ~. ctt. 75 •t4~; s. ?Z, ctr. TT-147: a. 1. i~t, Tl-Z74; ° ~- ~, chi. ~~; ~. 7. ati. Sc~74; s. 3i. a>.. i~-z~a- s3. s4. ~, z, ch. 77 saa; s. ~. mot. 7~.a~. ~3, 4$. t#'s. ti:'r~ t Q; s.1, rti. ~.~ 1 ~; s. ~. cit. t35,3 i ~~ s, ~, , ctt. 83-22p; ts, 7{, t+h. ~g~.~+~, s. +6, fit. ~7 X97: ~s. #. SA, 1 t, s~. $3-z 51; s. ~f~0. cit. 84-~93; 3.35 Ut. 1;736. c~'-. 8~-7~t3. 1NAto.-}$e~~ gfffrct'tva Ccto~ r 1,163, pY 8: $. t~Z: ~AttnE3'~.:~'j.~'js. ii.. 1t?, C~j, ~i:-1~1, Zi~-7 ~iR'CTgts'tt~ tOtn:Y~CSt+t3~+2~4 i.e~I6i~1u~e. ~E1-~~ ~m ~ llxisSil t~ prr3i•.4 ~'~el~@ ~ttriartt t~rsd dt~pcasi 8 ~Y; ~gsatrttz- YAtams 2t? cttntrrQ a»w$t~ tt}~$) Tt'a . ~ ~ Arpr~y- Tut t~io!`,tng arm, Ate a gr~Yw-as~r rr ~ ~~trnert A~ ~s~ ct Jnv~estur-otiy~ ~ m''~t pct the syst.~m ar the bra l ~Ystsm, ex~7ud;n~ an tt'~iset! pr Irtb~ar-~y~! +~a'~'~am >~tt~ ~, cSa a ~`~n~ to an avz~a~ls uy tnvt:~~ ° ~~'i itw#ttsa s)•~tem ~ a f~ irk Av tt~a oyrner of thap~bt;c,~ tam ~4tifl't ri•.~ rs;stipy'~ ~ Cf ttt£ onaitt3 ~t~alAn. 711s puAt;c~Y~n+sd ~' the ~rtigW,~;y of tlta moral sr;,~a stem. Mo isss thrkn S t~~a 2naaYmant ~rxt disposal s baeorrse $Y&lt&.'~st, tt-a Y~r prior to the Gee iha t>a•,ve Yam ~# o~^,a~.s ts~„a ~ ~+o'srstsx-txvtteti rye n ~ tr~q ~Y ovm ~d ar systafi w,~, nerR ~rsS dispa;.pi s ~m of ttsrr ~~' tam ~I! n~ify the attectea owner of tn» also notary t~ r ti's #~ ~ - ~ilctpatea AvIIitabi.ity a trti~ srA$e hem rand snarl ~~+~-~- Ttta owner ` ~~ Aa'i~g>rrired ZA cacrnea tp t>•~ haw+ ta•-a r~$ m wstn(n 1 .'~~ ficttitatp irl3tait{n~g ov~ra j, ~ ~t~AAY~ #hc ~Rizaq YAlue ci _ Yr~r Af ihs i ~atitibility. Nothj~ in nis t+aL't~On sib p~a~ from the date of that irs~itsi oia~cs~n A aroma in ~ ~ i~~ntsmi sc~cJ:rlst~ irs e~ iat~tsc~ ~ of paw Z, i89r carttracta •or athor wing nWigAficr~ rrita'siritsalt#y or t.~ttr;ty to ttnfarCv ~ •w t8a~+3 !~ tlse ~tat~ ~f the in t~ P~~Ph timit, the ter of ~ ~ ~7ta t ~ err WtssiYc ~ a trest.:te~ mss; ~ t ts~tth anq asfety: saazifar~ tn8tsfl:N tac i4 ~p~ y •~ the Ysism t#~st rte~ar r'ajiair Or m+~(i~tiorl to fund seofJons must C4r~9txtsti z3n a?vai:~Jtla ~uj~m~c~ W ss. 381.{}pc3~.381.t3~7 ar rules adopteq unperth~ a'ar:'rtt~rt tx~:Fcal~ from ttla tier • g d~ ~~ ~ ~tcx-aWn~ ~~a hem Vritnin 4~t1 days after A~Prssera 8A ~txtettstcxs pf apt more i ~rAn 84 Claps tt~ ~ ~Rt~ of the offer. tht3 tie cna extens~an. '1h~ paragrapti'tlpf c partrrs~nt rna to ~tQ ar m~Jt~ ri t3~id 3 rtDi Authorize t118 owraar o the ~e ~ a~P~tmnnt may approve only . {~ 7ha t~vi~iecu atsy ~'° nut ;ate, Swags lre~tment and gispcsaJ sYs;e (s3 7t~s focal Mort ~ •I} or ~y air Provis+on of taya io the cams r, $Y~cm ~@ 4f tl to j~ptt trt ry otw;th~tanairtg: rim m$Y 1~~ trot ar •tr t~rrrit~,a fey tf'~e a+mrrraf the onsJte Qt: treatment t:rsa d~posai sYsiattt may lee Ash ~thaul tntAraa I its wed uxter th;~ ~ctiAn t>y an inv~StcP-owr~,ed Sa'arr~rp e care the ~;~4 6Y~tam ~carna r ~vA1im~ a ~I. aver ti period of Gme net to exceed ~ ye~t~ fram fin Grp. Th$ tat~i pavAtr3a~ t~ , ;~k est~i~ Q,y~~ t~se owner Ras gsmogst~ted i; fizanciai ine ~rter~ rses taorth, It}aGrt3a. atyq •lrtxr)CtAt ng '~'~ ~~ getemtirts-~on ~~ take Into account ~} ~ Pu~iir~y trwned or tmr.t •arrred ttfi~ulCCrtaCni a3TIt'i3rtd~~y p~tt@ ~{.~ ~~'~ ~!. WFitl tt10 ~-'~royal 0f tntr ~P3n~At, iV~iV$ the tG trig qua i9 pstAdio ! satds cxrrtstd ~i°n !t ~ ~'tQnrtinrrs that suds Connat:.(on is nat teary,-$. 2, cti. ~3-1~7. ~~ • rnqulrtd Sp '7.'1`R . ~RnR 7A ~~.~Gf ~ ~ z~j ~ ~`~#ir ~~ $Y: f~'x~pat ~'dat3.6:2 A A i-etsctl ~~artmenz ~~ ~ ~~rY.,x ~a~.s~ ~ . {1) t j t'ro'ts t~tepa {~} Tht3 at ~' agt~'+oan asarrai t'~T~ha ~f l~dard$ o- i (~} To be fa} 8e of t ~ ; ~ls} F~sss a ~ftawledga t tl;~}'i'Tsn dr {~ r'.ries ~c l~i;uttrset~ t ~~ Arty fx m git(o~~ ~inua io ~Nis#ory: ;'4~8.t;t;4 ~ The ttep~ e t ~~.ts5b t :(t} fin pr 3 p;trfnerst 3iartts. arnt ~Poeation ~ fts gait ~t Lhw cart section. ~k t~rrirac the atrxr ~.~ .i4•!... V•f.~Q~. ~ :C~. . ~ N . • ~ . .. ~ ~ . .~ • '~' . ~ . • _ ~ • ~, ' ~ • .U .. • .. ~ .. N 'O . .. .`NL . U ~. K ' C O " .. .. C. ... .N; . ~• • ~~ . q CJ U U P r~ • a1. aNi W•N~ O ~ ~O y ~ ~ V ~ ~ ,~. ~~a..,ap.:~b a ,,,r •.~ o-•>,a~q.5o•N to ~ ~ ~ ~ . q~" U p^ y"O O C1 ~ ' O r • .' N y+ ++ L3. O q 17 m • .•5 • o•~ ° G ~+" ® ~ m"q'c~;~owa5 • ,ty a 'g a. ~ ~ ~ p • a° ai ~.q G ~ q a '. ~... • a ~ . ~ • cs ~jOw ~. v T /mar ~p N ~ ~ ^ ' r ~q ~ . ..+ .q aQ rno ~ ~ n^ ~ m •N F .~ o C w 0 ° ' •. r q a p a ~'. OE'~....~..`.~.4... • .-+ ~ Cpl ~.~.i ~ 61 ~ ~ • U •^ ..... • +~•~ •;~ U C. ~ vi N . p ~a G r5 cy ~ O A w C 'p ~' y A l p o w w a ' • a o~ ~ pow ° 0.~. ' ~ o ei p v .u ~ p° o c*o~ "' 'G wo~~~ ~ ° b ~ •O a •~ ~, •8 ~ w r. ~. ~ 3 ~ ~ •ty o j . a~ a ~ ~ °'•n •~ a. °w • ~, 'b _a ~ ~ Q'O a N ~ C ~ ~ W ~ ~ N q E hLy- •q ~ ~ ~ . O O UU N ~ Oa ~ o ' ~ • i U it ~7 . qa~~ q.z, ~.5~• .. • . ~ .~ .... .~s,e t~lc.' ..~•s•~ts•. w~ll~ ~:~s~.~~. tanks • ~~;~~:~• .. .. . ;From Page 8.7 ., ~~ .. costs, plus tnko over the month- ly water and sewer bills .they Tfi'e're OtZZy goltla. to have a limited have never had before an a sep- amount Of taxpayer motley atld .TEf1 . tic system. •. Delaney noted., he was . at~u•``'motzey. hVe will not •be able to do all.ahe ,working the eeact numbers out. : "A .lot of it is the debate be- .nelg'hbO1'hODfZS that may•Ot' may not want tiveen tho JEA'and the ttzxl:ny- ' ~ tO hDOk .u ~ • ,ere,,' he said. ' ' '• Solving the problem - bylay- • ., ~ .. •. • . ing new. water and' sewer lines '. ~~. • , . to'every area that needs it, plus , getting ..,all ••the properties ~ •' .Mayor John Delaney . hooked up to the lines -would cost $400 million to $500:mi1• • • lion,`Delaney,.staffers .said.:Be-• d~tri~t,,, ~ •• • . JP;A, also will be covered. cause'that.cost is 'prohibitive,,: •"•We~ wanted you to know we "We need fuII discIosure," the even•:beyond„the city's bonding haven't been stonewalling," De- mayor said. ability, the response likely will'•lancy said,'.~adding, "We• have, One. member of . the, public be:gradual and'some'tanks.will: never had along-terms plan for, who attended the meeting also remain, Delaney said,' .~.. '•" • ' , • the county."~; '= had' words of :encouragement :."'We're only,. going to have' a ~ Council members present yes- for Delaney -though time will limited: ~ amount .- of . •ta4puyer, .terday = Jim'Overton, Alberta ,tell if. his optimism tivas war. zrioney:•and JEA••money," :he .,Hipps, King Holzendorf and Su-• ranted.. said.•;'We. will sot be able to do' zanne Jenlcina -were pleased "Even, your retired 'people all.the•neighborhoods that may :with the new plan: would be happy to pay some of or may not want.to hook up.":••. •'•~ "I'm very;,very encouraged by the 'cost," said ,Hoyt ;Gurley • But .environmental.' concerns the' tone of this meeting and who .lives on Huzelhurst Drive and state law. won't allow:.the ivhere"we're going," .Overton off ,the Hart Bridge. "They city'to miss mocha ,Already, the said, • . ~ . don't want something for noth- Duvnl County Health Depaz•t- :. '.'It's never ~ been about who ing." • meat does not grant repair per- gets it first;"' HoIzcadorf said. In addition . to nailing. down mits•.to people with oinks' ~vho "It's about solving the prob- the funding sources, work is on= live • in areas 'with city sewer Tem." going, in °prioritizing tho prob- lines available. •. 'Jenkins, whose district in- lem neighborhoods using a list .:And; if the proposed policy is eludes Glynlea, along-standing of eight new'criteria developed as tough as Delaney is promis- problem area, wandered if city by the health department:' •;:•:. ' ng,' city officials also should officials could require a tank in- 'The factors are .whether •'an !tart . enforcing a ',state' ' la~v specBon when a home is sold: • area has septic. tank failures.- vhich says' people who live in Jenkins said hooking up to city city ~ code holds that ,five such areas where•:'new sewer lines sewer could:be•seen as an in- failures equals; a •~nuisance ue placed. have only one year centive by new; homeowners; b'e- neighborhood =the • size ''and o.hook up,.whether their tanks, cause it.raises property values. ",density of •a Iot where a tank is; u•e failing or not.'.•,;••' ' `'~i •:,a.. •: Berry • said that ,approach the soil conditions; how high •Up to.this• poiat,.utilities have' could work essily if the council, the • tires water, ~.table~ is;.,the' iot been • sending; out 'the;'offi; approved an; ordinance requir,- threat to public. or,priyate wells ial Totters to .residents trigger- . ing it.:,•.: ~~ ~ . , ... for drinking,water~•.the sanitary ng • t}ie„ one-year ::,time, limit •. Hipps said the new plan wt~, conditions,. or measured levels rhea a aew'line was laid; • said needed to "get us out of, some- ' of bacteria in water ~ .samples; ;atherine .• Berry, .• chief legal thing of a holding pattern," and the area's proximity to the, Sk' ounsel for • the .Health Depart- she wanted •. to see the finished . Johns River or its • tributaries; lent. ~ •' ' ; ,~'.,:. ~' :. .. • proposal ....,by. . Thanlrsgiving, and whether :the .area ,is• flood Lack 'of ~ eziforcement' was the 'when she plans ~ to hold a dis- prone.'::., ' ': ,;,:..,. ; ~ ' eason~ the; letters weren't seat; tiict meeting' ~ in' .one of the' • - ut that will :change, .Delaney city's, worst sanitary nuisances - .'•~~, . •• •~ I •I • owed. .:: _..• - ••~,... : •; arcas;~°••the. Pernecia/Johnniei .~.-~ ;: KE`~•~Up~}10ffEfld.•.~•.: •~~'i "We have'got to•move•into'ea= Circle neighborhood. . '` ~ `'~pEC eleihisNews rA a;n..-•: ~ ircement mode," ,Delaney said. Delariey promised the • pro . - y : • .. ~~ 9 • ,- We're going to ,have to get posed reform package, would be. ,...•, .. ~ Hugh. We.•can't avoid that" • • finished by then, and would in- •~ Delaney .called 'the meeting elude all the bottom-line costv.a . O ~sterday, in part as an update resident•could e."rpect to pay. In- , ~ ., ~. ; Odessa, Inwood ::~ ur.'council members who' far ceatives to heels: up and funding,: ~ .~: ~ •,.7errace/Freeman Road~area ~ 'Yesirs•havo'been asking for city, alternatives;.: such as low-inter- ' • . sand Atlantic Highlands. ~ ::: '. .action on problem areas, known . est ,loans. that, could be avail- .• Lary uisances,• in their gable over~'•10'~years from the ° ~' "' ~'SE~TIC 11~!®ES `~'~"' ;'The~Dwal County Health';; Department developed this •' '' • list of neighborhoods with ~+ _':• :,':failing septic.tanks. After ,': ' ' `morn study of other criteria;', : ,' •_ some.ot them will 68 targeted. ; ~~fornew•city sewer, systems':.!.,'. '-~ '.-under a pending proposal "';.: ':.from Mayor John Delaney.•.:• '• ••~ '.;.The. nelghborhoods'are:::• ~~:• 0 Southside Estatos, in ari' .. • , ~•area bordered by Atlantic, ~ .;:; ; ~.:,:Southslde and Forest . ,boulevards. ~ '•• • • ' ®.Oakhaven;~ bordered by: •~', ' ~• ~~the Arlington River, Fottsburg : '~ ::.Creek,'Beach Boulevard and., ; Llttle Pottsburg, Creek.;: - ,~ ~ •.;'.:~'. "'.. ~ Eggleston,Heights,•••:~•.;~~ 'bo de d'b ' ' ' ' r re y Merrill Road,• ... • ''Townsend Boulevard, •;••'; •.~;: •' "Arlington Expressway and the' , "' ^ :H .Point t-a Vlsta, bordered,;' ~~ by San Jose Boulevard,. Rod ;•• 1 , "'Bud Lane; St Johns River ~.. . •. . : '. ,.and Eutaw Placo. ~;'• _ ,~ ; • '• ~H Hood.L'anding'tl,"'~'•" '' bordered by•Julington'Creek,'" ' ~~ SL Augustlne.Road and • • ~ • Oldfield Creek...:' :` .•. .•.. • 0. Scott Mill Hitl, bordered •%' ~..by Interstate 295, St. Johns:.; • : .River, Old River,Road and •.•.; • .; 'San Jose Boulevard. • ;' ;',' >~ Lake Forest, bordered by 'the Trout River, Ribault River,, • •`Moncrief Creek and Lem . . .~ •~Tumer Road: .' ' -' '' . ' •': ®Beverly Hills;.bbrdered by ~ '. ;:.Ribault River,,Restlawn Drive; . • ' , : ;; ~ Palmdale Street, Oriole .:';'.'; ' ••. "+ • ••Street;.Edgevrood•Avenue~ ~;`,! • ;,a • ::. Westand~Lem:Tumer Road.;.:~; ' ;t • • "' `~ ~m;RiJervlew,'bordored.by:•i~:~ ~ t ' "Ribault`Avenue; Basset,Road.;. ::: •,~and.the, Ribault~$Iver'~=;%t•:•,:'r. + ' • ~ z ~. •:~91.Murray Hill, bordered tiy. . c ': ,.Cassatt Avenue, Cardinal':; :.~ : • i ;.; ;.Boulovard,;Blanding.;.,.,; ; ~ . • ,~ ,' ;eoulevard.and Kingsbury.:•..:•;.. •:~ Street;~:;:Yar.~:a:,:;:,:,.:;.:: "`~' 0 Champion Forest ' • ~•~ •~~" ~ ; o , ,'bordered byOId Middleburg '•. r . ' .'Road, 103rd ,Street,` lambing •. ' • r . • Road and No,Rcad.:~: r,'.::,:.: :' n u B au l ©n b . s e c erc Gard Pl s, y . ;• Glynlea, !_akeshore, Oakwood "Villa Estates,~:.•;:-~:':•••I•; Piirnecia/Johnnie~Circle •:~ ; •~•~ •••~ . .;fc , , „Westtield; Murray Hill'A;.:' °•; ~ .Biltmore C, Klnard,'Lincoln . , • :''Villas, Northlako,.Tho Cape; ' ;'^Rivecview, Royal ;Terrace,' f .. ~: i;7.t:. iY?. t7~;~.jst ^,r~'"J~rj',. `iti7~ -~. .,'~,,h.f.`:z ;'- .i,,, ..:' ~i,~ 7Y •~i,~;i7 ~7 i' ., .:j , 1 ... < <...:~,~,.::.•..r.:'...i. .. ..:~.:~ •t.. a tic~~.tai~ks~ ~~~~~~resld.en~s~~~~o~f-•a • . . ,~-ett~m .~. .. z p . . . ~ to~ ®hn .~s •:~tal ~f®r~: health ®f ::the..s• . ~ s :.. ome`•say:it's ~a half-•billion''`dollar'problem. Once the ~JEA puts down lines, it will cost F~xing•it will;take political courage homeowners•about•$6,000 to hook up to them. because'the solution will ,make many; ~ •• paying that bill, then a monthly water and .people angry. ~ ~. r; ~~'~ :; ~::~ ' ':•~'' :'•.:: ~° • ~'~ ~ . • •' •.•• ,.sewer bill, won't sit well with a lot of ,people, But solve.it we'must: The ~-~, . •~ but'.it's a bullet that must be bitten. ' • health of Jacksonville's:, . • '~~ ®~~~~~~ ~'~~• ; ~~ isn't one where we'are going•to make. •• greatest natural•asset.=,-.the ~~•~ everybody happy," Delaney said yesterday., , St. Johris•River:-~.is at~'.~:.;.: ~ •. The Delaney administration and the JEA. are .stake. ;:~:::;r;`'.i,:,• ~....-'_.:•..• ;;.,~.-. tag {~ develop a compromise where city, • We',ve•kngwn.for~years:~:::;~ ~`: .. that failing septic tanks:,'are',; ~•' taxpayers, the JEA and the homeowners .:_ creating health~and: `• ~,:~ '?•~'•:,• •' ~•would share the•costs of the hookups in low- .~. environmental hazards;that~ •, income neighborhoods, especially for senior •. . contribute directly,•to;'tlie?;,;.:" ~~.'•'citizens:on fixed•incomes. .~•~. '••••' deterioration ~of the. river: • .Trying to' figure ,out 'how to balance those And for years'we,'ve'done ,• ~~ • • contributions is the tricky' part. Mousa and .. little about it. ~ '::.•' ::~•~ ~ Littlepage • . `~Delaney'said~they hope~to have ,the plan ' Give Mayor John'Dela~iey' ;',Times•Union : ~ ' ~~`.• `:columnist completed' in ~two.months. • ~ ' •:;... . credit: xe lias;inade ~.:~.'''>~~ ` °~, . ~ .. ''Once ,that is done, the'question will be protectiri~,~~the'St:.Joktns' a~::~~~'..;;~~::' • •~"•; : ::~• ~:`•'whether to make~the hookups mandatory. ' top priority•arid is moving forward with a plan.,,. 't0'systematically address'this critical. issue. • ~Th•e D.elaney.•administration and the . At a'meeting yesterday;'Delaney and his ••• ~- : ;,,,. '• • ., y.ag , . •~~~:~ :~, :.:-:~'; JE~1 are;t in to develo a • staff and staff•from•other•cit encies . .... ... , >y g P.. outlined what's~being'done:'Listening carefully "~~compromise .where'Clty taxpayers, the ,and adding input were City Council members '. ~ J,~~ • and the homeowners ,would Suzanne Jenkins, Jim' Overton;'Alberta Hipps,•'.•- and King Holzendorf Their.interest is keen ; ~•" • share the ,.costs ~Of (sewer) hookups ~ In • because the.districts•they •represent.have:an ... low-income neighborhoods... ,abundance of''septic'tanks , . ~ ,' .; ~. .•~` "'' ' ~ Sam 112ousa; atop Delaney aide, described' In neighborloods where failing septic tanks '. . 'efforts to develop objective 'criteria fore;. •: ' `are ~~~g health and environmental hazards; determining what areas ,have' large numbers of .there can. be, only one answer: Yes.. •'. ' 'failing septic tanks 'and .then `taking into `~ • State law.already provides a mechanism to ': consideration factors such as soil ~types,•; ~ •'. ~ ;':: require homeowners •to hook up to city water, 'proximity to the river•and lot sizes to•set • '• and sewer lines within one year after they ' :priorities for action:':?:; :' ; ~ .; •. ?: ` • ` • •~ ~ have received notice the lines are ready,. That , ~e• cost to hook`up~all of Duval County to ,law has never•been enforced in ~'acksonville, •. • JEA water and•sewer'lines would be between.',, .'partly because, no one has been willing to take •.$400 million~and $500 million,'Mousa'said. ~' ~~ on the battle: •'• • .'• .• ~ ' •~ , That'kind~ of money.is~.'t• just lying around ,. :, -Enforcement, of course, will be key to solving • unused.-=,it's being given, away to ,rich , ~•' • ' this,problem: • • ~~ ~ ~ ' . ' 'corporations; liut~that's another story,.= thus .' This approach might not be politically •' 'the need for the priority.`list.~•~.'.•;::,:. •',~••.. ~ • ° popular, but~it's the right thing to~ do for . • :But then comes•the'political:problem.•. • •' •••': ,j Jacksonville and for the~St. Johns River. ;• .. • ;: ,;~.: ':J. .•. fi~t»r~ :~n~r~~- ci~~~t~ .. MEMO To: Mayor Suzanne Shaughnessy City Commissioners From: David E. Thompson Subject: Communication with the State Department of Health Date: July 28, 1999 On Tuesday, July 27, 1999, I spoke with Mr. Terry Shipley, Environmental Health Supervisor at the local office of the State Department of Health. I explained our current situation relative to requiring connections to our sewerage system, and he confirmed that we were progressing according to the state law. Mr. Shipley stated that the law has been interpreted that the Utility (Atlantic Beach in this case) is required to provide a 365 day notice to the property owners advising them that sewer is available and that are required to connect within the 365 days. The property owners are then obligated to connect to the system within the 365 days. Mr. Shipley said that in 26 years of this work, he is not aware of anyone being "grandfathered" or exempted from this requirement. Mr. Shipley stated that when septic tank permits are authorized by the Department of Health, the applicant signs a statement that they understand that if a sewerage system becomes available, they are required to connect to the sewerage system regardless of whether their current septic tank is working properly or failing. If the homeowner's system is failing, then they must connect within 90 days. Where sewerage systems are available, the Department of Health does not issue any permits for septic tanks. He stated that one of the problems that his department has to deal with is septic systems that are on small lots, especially when there are wells being utilized. He stated that this combination often creates health hazards for the area. Areas prone to flooding also create public health problems in communities. Relative to the question "Does a properly functioning septic tank in an ideal setting pollute the environment?", Mr. Shipley stated that he does not know if the Department of Health has taken a specific position on the issue. Mr. Shipley said that the Department Health typically enforces the connection requirements in areas where the septic tanks are failing. He said that in areas where the sewerage systems become available, the Department of Health leaves enforcement of the connection requirement up to the Utility. On the enforcement issue, Mr. Shipley referred me to Ms. Kathleen Barry, the attorney for the Department of Health in the Jacksonville Office. Ms. Barry advised that the utility (Atlantic Beach) has the authority to enforce the state law. Since the utility is owned by the City, she believes that the City can enforce the law. ,, - .~ ~ ~ r 313~Pb1 _ ... HUC~-l~~'~9y`16 : 09 ANN C. JFN$EN A~tiorney at haw .935 North 1~Sxd Street Boat Oi$ce Banc 50457 3ack4om~fue Beach, ~7orida 322A0-0457 Tc7ephone (904) ?46-231)0 k'acsmm~le 1901) ?f36-9960 ORAN~UM A,A-.TE: August 2, 1999 "VIA F.A,X TO: David E. Thompson, City IV~anager Ciry of Atlantic Beach k'ROM: Alan C. Jensen, P.sq., City Attamey RE: Amy General Opinion on Sewer Connections In regard to the above matter, the following is a proposed foam of the question to be submitted to the Attorney General, for review and consideration by the City Commission: UESTION: Is the City of Atlantic Beach required to enforce homeowner hooka to Ci sewerage system by virtue of Sec. 381.00655, Florida Statutes? pl p ty ownexl matters in amswedng this question: ease consider the following (l) The CitJ' owns the sewerage system and homeowners have bean provided with writtent notice that the system is available for connection. The system has been available for anywhere from two (2) years to approximately ten (10) years in different antes of the City, (2) No speci£tc health hazard has been identified and the Florida is not interested in enforcement ~ Atlantic Beach. Aepartment of Health (3) In the past, ,local elected officials made . having to connect to the Ci pznnuses tO ~ homeowners about not ty system until their septic systems fail. .please contact me immediately if you need any further information in regard to the above question. ACl'lsky Sew ,~,tu~ d,g~'k Gr= o~2F?t~ Sec. 68. Oath of office. Every off cer and employee of the city shall, before entering upon the duties of his office, ' take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: ' . "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States. and of the State of Florida, that I will, in all respects, observe the ~ ,provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of ~ ,~~ (Ord. No. 28-93-3, § 1, 8-23-93) State law reference-Oaths required of persons on payroll, F.S. 876.05. ALAN C. JF.~TSEN Attorney at Law 935 North Third Street Post Office Boa 50457 Jac)<sonville Beach, Florida 32240-0457 Telephone (904) Z46-2500 August 4, 1999 The Honorable Robert A. Butterworth Office of the Attorney General. Opinions Section The Capitol Tallahassee, FL 32399-1050 Re: Opinion on Sewer Connections Dear Mr. Butterworth: Facsimile (904).?~t6-9960 I am the City Attorney for Atlantic Beach, Florida, and have been requested to seek a legal opinion from your office on the following question: Is the City of Atlantic Beach required to enforce homeowner hookup to City owned sewerage system by virtue of Sec. 381.00655, Florida Statutes? Please consider the following matters in answering this question: (1) The City owns the sewerage system and homeowners have been provided with written notice that the system is available for connection. The system has been available for anywhere from two (2) years to approximately ten (10) years in different areas of the City. (2) No specific health hazard has been identified and the Florida Department of Health is not interested in enforcement in Atlantic Beach. (3) In the past, local elected officials made promises. to affected homeowners about not having to connect to the City system until their septic systems fail. (4) Local elected officials take the following oath of office: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of City Commissioner." The Honorable Robert A. Butterworth August 4, 1999 Page 2 If there are any questions or if you need further clarification or information regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, City ACJ/sky C. Cc: Mayor and City Commissioners David E. Thompson, City Manager Maureen King, City Clerk