HomeMy WebLinkAbout1989 ORDINANCE NO. 1989
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 28 OF THE CITY CODE OF SANFORD
TO CREATE A RECLAIMED WATER REUSE SYSTEM FOR THE
CITY OF SANFORD, SAID ORDINANCE ESTABLISHING THE
PURPOSE, PROVIDING FOR PROMULGATION AND ENFORCE-
MENT OF RECLAIMED WATER SERVICE PROCEDURES AND
REGULATIONS; RECLAIMED WATER SYSTEM CHARGES AND
FEES; UNAUTHORIZED WORK ON RECLAIMED WATER
SYSTEM; RECLAIMED WATER DELINQUENT ACCOUNTS;
INSPECTION; MANDATORY CONNECTION TO CITY POTABLE
WATER SERVICE; SEVERABILITY; CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, it iS ecologically beneficial to reduce and ulti-
mately eliminate discharge of treated wastewater into Lake Monroe
and the St. Johns River, and
WHEREAS, the City of Sanford 201 Facilities Plan estab-
lishes that disposition of reclaimed water shall be by irriga-
tion of public and privately owned lands in and around the City of
Sanford, and
WHEREAS, the use of reclaimed water for irrigation will
substantially reduce the utilization of increasingly scarce ground
water supplies to accomplish irrigation and other uses not
requiring potable water, and
WHEREAS, reclaimed water contains considerable nutrients
beneficial to lawns and vegetation, and
WHEREAS, the City Commission of the CITY OF SANFORD finds
that it is in the best interest of the citizens of Sanford that the
City create a Reclaimed Water Reuse System.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That the title of Chapter 28 shall be amended
to read as follows: Water, Sewers and sewage disposal, and
Reclaimed Water Reuse.
SECTION 2: That the Table of Contents of Chapter 28 shall
be amended to include a new Article VII. Titled Reclaimed Water
Reuse Program.
SECTION 3: That the Sanford City Code is hereby amended
by adding a section, to be numbered 28 152, said section to
read as follows:
Section 28 - 152. PURPOSE.
The purpose of this Article is to create a
reclaimed water reuse program for City of Sanford.
The purposes of the Reclaimed Water Reuse Program
are to: utilize highly treated reclaimed
wastewater within the City of Sanford for environ-
mentally suitable purposes; to conserve groundwater
supplies for future generations by minimizing the
use of potable water from groundwater sources by
appropriate uses of reclaimed water; and to enhance
the quality of surface water bodies in the Sanford
vicinity by reducing discharge of reclaimed water
to these water bodies to a minimum, as permitted
for wet weather discharge by Florida Department of
Environmental Regulation.
The City of Sanford has elected to create a
Reclaimed Water Reuse Program in order to
reuse/dispose of highly treated reclaimed water by
land application (irrigation) instead of discharge
to Lake Monroe. To achieve necessary reuse, a
distribution system for reclaimed water is being
created within major portions of the existing muni-
cipal limits of the City. Funding for construction
of the distribution system will be by a combination
of utility bond funds and Florida Department of
Environmental Regulation grant monies. All cost
effective avenues for reuse will be utilized to
handle existing reclaimed water flows. Reclaimed
water flows resulting from new developments within
the City shall be addressed in accordance with City
Development Regulations (Section P), whereby
developers/owners of new facilities shall qenera~ly
be required to extend reclaimed water service mains
as necessary to provide for reclaimed water reuse
within their development at least up to the level
of new wastewater flow to be generated. To
encourage early commencement of reclaimed water
reuse by existing City utilities customers, the
City Commission may, by resolution, temporarily
amend or suspend various elements of the fee struc-
ture established in this section to encourage con
nection to the reclaimed water system.
SECTION 4. That the Sanford City Code is hereby amended by
adding a section, to be numbered 28-152.1, said section to read
as follows:
SECTION 28-152.1. PROMULGATION AND ENFORCEMENT OF
RECLAIMED WATER SERVICE PROCEDURES AND REGULATIONS.
(a) The City Manager shall have the power to pro-
mulgate procedures and regulations with
respect to the following matters, which proce-
dures and regulations shall become effective
upon a resolution approving same being adopted
by City Commission.
(1) Application procedures, forms, and
requirements, and allowable uses other
than irrigation. All uses must be in
accordance with applicable DER Regula-
tions.
(2) Installation requirements including spe-
cification of acceptable materials, devi-
ces and regulations to prevent backflow
or cross-connections with other systems.
(3) Procedures for enforcement of the ordi-
nances and regulations pertaining to
reclaimed water including procedures for
inspection of the customer's system.
(4)Procedures for the orderly expansion of
the reclaimed water system.
(5) Procedures and regulations for the effi-
cient 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 regulations regarding
the following matters which regulations shall
become effective at the time of promulgation
without the need for City Commission approval:
(1) The time(s) of day or night during which
the reclaimed water may be used by custo-
mers.
(2) The maximum rate of use of the reclaimed
water.
(c) No persons shall construct, operate, maintain
or allow to remain present on property owned
or controlled by him, any device or system
which is connected to or which controls a
device or system connected to the City's
reclaimed water system and which is not in
compliance with all provisions of DER Regula-
tions and this Code related to reclaimed water
and with all procedures and regulations pro-
mulgated pursuant to this section. Reclaimed
water shall not be directed or piped into any
residence or building used as a dwelling unit.
The person who owns or controls the property
upon which such a non-complying device or
system is found shall be liable to the City
for the amount by which the costs associated
with the securing and/or removal of the non-
complying 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 non-complying
device or system is located.
(d) Any customer whose reclaimed water system is
in violation of any City ordinance, regulation
or procedure shall be subject to immediate
discontinuance of reclaimed water service as
provided in Section 28-151.5. Such discon-
tinuance of service shall not relieve any per-
son of liability for civil actions or for
criminal or municipal ordinance violation pro-
secution.
SECTION 5. That the Sanford City Code is hereby amended by
adding a section to be numbered, 28,152.2, said section to read as
follows:
SECTION 28.152.2 RECLAIMED WATER SYSTEM CHARGES
AND FEES.
Customer charge: monthly charge $3.25/month
Consumption charge: $0.05 per 1000 gallons
The City Manager may waive meter installation
requirements if reclaimed water supplies and system
pressure do not appear to be potentially adversely
affected by the proposed flow rate and consumption.
If conditions subsequently change, meter installa-
tion may be directed by City Manager. Universal
meter installation is desirable to allow monitoring
of actual reclaimed water consumption by different
customers, and in different parts of the City.
Reclaimed Water Connection Fee:
Tap Fee,
Reclaimed Water Meter Set and
Service Size Back Flow Device
3/4" $161.00
1" $222.00
1½" $418.00
Actual costs will be charged for reclaimed water
tap, meter set and potable water back-flow pre-
vention device installations larger than 1½".
There will be no charge for discontinuation of
reclaimed water service however such discon-
tinuation will not relieve the subscriber of any
amounts then due for connection fees or monthly
service.
There will be a service resumption fee payable for
resumption of service, either in the case of prior
termination at the request of the subscriber or
termination by the City for failure to comply with
applicable rules and regulations. This fee will be
in addition to any charges past due. The service
resumption fee shall be: $25.00 to cover the cost
of actual service resumption as well as on-site
system inspection by a designated City inspector.
If the request for service resumption follows
determination of service for violation of an ordi-
nance on regulation, service shall not be recon-
nected until the Utility Director receives adequate
assurance that the previous violation will not
reoccur.
Bills for reclaimed water service shall be rendered
as a part of the regular City bill for utility and
garbage service.
SECTION 6. That the Sanford City Code is hereby amended by
adding a section to be numbered, 28-152.3, said section to read as
follows:
SECTION 28.152.3 UNAUTHORIZED WORK ON RECLAIMED
WATER SYSTEM
(a) 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. No unauthorized
person shall cut into or make any connection
with 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 correcting of
such damage shall not relieve the offending
person from civil or criminal penalties the
City or a court of law may impose for a viola-
tion of City ordinance.
(b) The service valve located between the
reclaimed water customer's irrigation system
and the City's distribution system may be
operated by the customer only when his private
valve, required on the customer's premises,
requires repair.
SECTION 7. That the Sanford City Code is hereby amended by
adding a section, to be numbered, 28-152.4, said section to
read as follows:
SECTION 28-152.4. RECLAIMED WATER; DELINQUENT ACCOUNTS.
(a) A customer's monthly account for service as
provided in Section 28-152 shall be considered
delinquent when any portion of such bill
remains unpaid twenty-one (21) days after the
date the billing is mailed to the customer's
address as appearing on the reclaimed water
application or when applicable other address
subsequently supplied by the customer.
(b) All other charges, including connection, and
reconnection fees, if not paid in full within
twenty-one (21) days after the date the billing
is mailed to the customer's record address
shall be considered delinquent.
(c) Failure to promptly pay any amounts owed the
City that have become delinquent shall result
in discontinuance of reclaimed water service
as provided in Section 28-152.
(d) The City Manager or his designee upon applica-
tion and showing of good cause by the customer
can extend the due date and arrange for a
revised payment schedule. Failure to tender
required payment on or before the date spe-
cified in such a revised schedule shall
constitute delinquency.
SECTION 8. That the Sanford City Code is hereby amended by
adding a section, to be numbered, 28-152.5, said section to read
as follows:
SECTION 28-152.5. INSPECTION.
(a) To insure that all provisions of the City
ordinances 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.
(1) Inspections 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 fre-
quency 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 therby waives any
other written notice for such inspection.
Failure of the City to obtain such a written
waiver shall not affect 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 customer's reclaimed
water system pursuant to this section of the
Code shall constitute a violation of this sec-
tion of the City Code and shall be grounds for
immediate discontinuance of the reclaimed
water service by the City to the subject pre-
mises.
SECTION 9. That the City of Sanford Code is hereby
amended adding a section, to be numbered 28-152.6, said section to
read as follows:
SECTION 28-152o6. MANDATORY CONNECTION TO CITY POTABLE
WATER SERVICE.
All developed properties located within the City,
and within 75-feet of a City potable water line
shall be required to connect to this potable
water line and become water customers of the City
of Sanford. Any existing wells on the subject
property shall not continue to be utilized for
drinking water purposes, and shall be discon-
nected from the potable water system of the
structure which is served by City water. This
use of potable City water, where available within
75-feet of a property, is required in order to
facilitate and optimize the City Reclaimed Water
Irrigation System.
SECTION 10. If any section or portion of a section of this
ordinance proves to be invalid, unlawful or unconstitutional, it
shall not be held to impair the validity, force or effect of any
other section or part of this Ordinance.
SECTION ll. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby revoked.
SECTION 12. That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 12th day of December ,
A.D. 1988.
MAYOR~ '~'~
ATTEST:
th, City of Sanford, Florida
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that the foregoing is a true and
correct copy of Ordinance No. 1989, PASSED and ADOPTED by the
City Commission of the City of Sanford, Florida, on the 12th day
of December, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Sanford, Florida, this 13th day of
December~ 1988.
~~~~of~e
City of Sanford, Florida