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1989 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