Sec. 110-66. - Definitions.

The following words, terms and phrases, when used in this article, and in all contracts or agreements entered into pursuant to this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a potential customer or authorized agent of a potential customer.

Application means the written instrument by which a developer or a customer applies for reclaimed water service of any sort.

Approving authority means the board of county commissioners or its designated representative.

Board of review means the members of the board of county commissioners or its designated committee.

Connection charge means the charge established by the county for making the actual physical connection to the reclaimed water system.

Construction connection charge means a charge, payable to the county, for a developer's utilization of oversized facilities paid for by other parties, including the county.

Construction cost means the cost to a developer, less the county's oversizing costs, if any, described in this article, for the design and construction of all facilities as required to serve the developer's property and to connect to the county's reclaimed water or sanitary sewer system.

Consulting engineers means the engineer or engineering firm or corporation responsible for professional engineering services provided for an assignment.

Cooling water means the water discharge from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall contain no polluting substances which would produce BOD or SS each in excess of ten parts per million by weight or toxic substances as limited in this Code or other polluting substances which may be limited in this article.

County means the governing body of the unincorporated areas of the county.

County administrator means the county administrator or the county administrator's designee.

Cross connection means a physical connection or arrangement which could allow the movement of fluids between the potable water system and any other piping system, such as the reclaimed water system.

Curbstop means the valve installed at the point where the customer's reuse system or plumbing connects to the reclaimed water or potable water service lateral, respectively.

Customer or consumer means any person furnished reclaimed water service by the county. A retail customer shall refer to the owner of the property served.

Developer means any person developing a property for resale, rental or lease, at or to which sewage disposal or reclaimed water service is to be rendered by the county, and who shall have the legal right to negotiate for such service. Where applicable, any person applying for the extension of reclaimed water mains, sewers or force mains in order to serve a certain property.

Development means any proposed change in land use which alters the demands for water, wastewater or reclaimed water services.

Director means the assistant county administrator for the utilities services branch of the county or his designee.

Discontinuation of service means cessation of reclaimed water service or an appropriate method to ensure that no service can be received.

Distribution mains means those mains installed within individual streets, developments or subdivisions which deliver reclaimed water from the transmission mains to the customer's service connection.

Domestic user means any user of reclaimed water not classified as an industrial user.

Dual check device means a device composed of two single independently active checkvalves.

Effluent means sewage, water or other liquid, after some degree of treatment, flowing out of any treatment device or facility.

Guarantee deposit means the amount placed with the county by each customer as security for payment of the reclaimed water or sewer bill.

Impact fee means a charge for the proposed usage of the county's facilities, based on the average daily sewage flow in gallons per day, paid by a developer or a customer for utilizing portions of the county's sanitary sewer system held in a special fund to be utilized in accordance with regulations adopted by the county establishing such fees.

Industrial user means any user of reclaimed water identified in the Standard Industrial Classification Manual of the United States Office of Management and Budget, as amended and supplemented, including but not limited to the following divisions:

(1)

Division A: agriculture, forestry and fishing.

(2)

Division B: mining.

(3)

Division D: manufacturing.

(4)

Division E: transportation, communications, electric, gas and sanitary service.

(5)

Division I: services.

A user in the division listed may be excluded if it is determined that the user will introduce primarily segregated domestic waste or wastes from sanitary conveniences.

Influent means sewage, raw or partly treated, flowing into any sewage treatment device, pumping station or related facilities.

Main sewer line means the major gravity sewer line in any specific development to which one or more lateral sewers may be tributary.

Meter measurement means the act of or result of determining the quantity of reclaimed water supplied or being discharged by a user and determined by an instrument or device used for such measurements and approved by the director.

Municipality means any city, town or village, wholly or partly within the county.

Operation and maintenance means the process and act of keeping all facilities for supplying reclaimed water in normal operation and in a good state of repair, including the replacement of such facilities when necessary.

Planned extension means future reclaimed water or sewer extensions scheduled by the county with special provisions for payments therefor.

Plumbing means all pipes, fittings and appurtenances on the property owner's side of the property line or outside easement areas. This includes the property owner's extension from all service laterals up to and including the house plumbing.

Point of connection means a point of entry given by the county to a customer/developer for the customer's/developer's point of utility connection into the county's collection or transmission system; the point at which the customer/developer receives service.

PVC pipe means polyvinyl chloride pipe.

Reclaimed water means domestic wastewater that has received at least secondary treatment, filtration and high level disinfection, as defined by the state department of environmental protection, and treatment, as required by policy of the public facilities element of the county comprehensive plan, and that is reused after flowing out of a wastewater treatment facility.

Reclaimed water distribution system means facilities consisting of but not limited to distribution mains, valves and appurtenances used to distribute reclaimed water to customers.

Reclaimed water facilities means all facilities required for the production, storage, transmission, distribution and use of reclaimed water.

Reclaimed water master plan means a plan adopted and revised as necessary by the board of county commissioners showing the following:

(1)

A general description of the storage, pumping and transmission facilities planned for supply of reclaimed water to reclaimed water distribution systems and to users of reclaimed water.

(2)

Designated areas of the county within which construction of reclaimed water distribution systems shall be required in new developments.

(3)

Standards and procedures for connecting to the county system when service becomes available.

(4)

The ultimate reclaimed water disposal capacity of areas of the county accessible by the reclaimed water transmission and distribution facilities.

Reclaimed water service connection means the reclaimed water connection from the county system to the point of delivery to the customer. For a residential customer, this is the downstream side of the curbstop at the customer's property line. For a nonresidential customer, the actual point of delivery may be at a location other than the property line, to be determined by the county.

Reuse means the deliberate application of reclaimed water in compliance with the state department of environmental protection for a beneficial purpose.

Reuse system means those facilities located downstream of the service connection for the purpose of practicing reuse.

Service area means those unincorporated areas of the county designated by separate resolution of the board of county commissioners which are serviced by a regional or subregional wastewater treatment facility owned or operated, in whole or in part, by the county, where development is required to connect to the regional or subregional facility, unless otherwise provided in this article or within the designating resolution.

Service commitment means the county's intent to provide service to a particular development or facility as expressed by the county's approval on a permit request to the state department of environmental protection.

Service commitment fee means that fee established by the county for providing service commitments to developers in accordance with this article.

Service lateral means the connection extending from the point of connection to the sanitary sewer, water or reclaimed water main in the street or easement to a customer's plumbing.

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such infiltration as may be present; often referred to as wastewater.

Sewage disposal service means the service provided by the county for the disposal of sewage, including transmission, treatment and effluent disposal.

Sewage disposal service charge or sewer charge means the charge established for the disposal of sewage based upon volume discharged to the sewer or water consumption.

Sewer or collection sewer means the gravity flow sloping pipe facility installed in public streets, rights-of-way and easements for the collection and transmission of sewage.

Sewer system of the city means the sanitary sewer collection system within the corporate limits of a city that is operated by or on behalf of the county.

Surcharge means that part of the sewer, water or reclaimed water service charge which shall be applied to cover added, extraordinary operation and maintenance costs.

System means the entire reclaimed water system of the county and all treatment and disposal facilities and pipelines owned or operated by the county and all systems connected thereto.

Testing means the analysis of samples of reclaimed water.

Toxic substance means any substance, whether gaseous, liquid or solid, which constitutes a hazard to human beings or animals or inhibits aquatic life or creates a hazard to recreation.

Transmission mains means those mains used to supply reclaimed water from the wastewater treatment plant or pumping station to the reclaimed water distribution mains.

Turf facility means any facility which has ten or more acres of landscaped area such as golf courses, parks, school grounds and cemeteries.

Unpolluted water means water discharged in its original state or water discharged which, after use for any purpose, is at least equal chemically, physically, thermally and biologically to the water from its original source; i.e., potable water, groundwater, river water and stream water.

User means any person or premises receiving reclaimed water or waste disposal services.

User charge means charges assigned to each user which defray a proportionate share of the cost of operation and maintenance of the reclaimed water or sewage system; often referred to as reclaimed water or sewage disposal service charge.

Wastewater means a term interchangeable with sewage.

(Ord. No. 93-16, § 1, 5-18-93)

Cross reference— Definitions generally, § 1-2.

Sec. 110-67. - Purpose and intent.

The board of county commissioners has determined that the use of reclaimed water is necessary and is in the best interests of the citizens of the county. The purpose of this article is to provide for the use of reclaimed water in areas of the county accessible to the reclaimed water systems. It is intended that this article will accomplish the following objectives:

(1)

Provide for the construction of reclaimed water distribution systems;

(2)

Provide for the safe and beneficial use of reclaimed water; and

(3)

Protect the environment and the state's limited potable water supply.

(Ord. No. 93-16, § 2(A), 5-18-93)

Sec. 110-68. - Jurisdiction.

Unless otherwise provided, this article shall apply only to unincorporated areas of the county where the county provides or plans to provide wastewater service in accordance with the county comprehensive plan adopted in section 78-1.

(Ord. No. 93-16, § 2(C), 5-18-93)

Sec. 110-69. - Administration.

This article shall be administered by the county administrator. The county administrator is responsible for the development and promulgation of the necessary rules and regulations for the administration and enforcement of this article.

(Ord. No. 93-16, § 2(B), 5-18-93)

Sec. 110-70. - Sources of reclaimed water.

The source of reclaimed water shall be county wastewater treatment plants or other acceptable sources as determined by the county which provide reclaimed water meeting the requirements of this article and all applicable rules of the state department of environmental protection and other regulatory bodies having jurisdiction.

(Ord. No. 93-16, § 2(E), 5-18-93)

Sec. 110-71. - Availability of service.

(a)

The existence of a reclaimed water main adjacent to or near the premises of an applicant for the service does not necessarily mean that service is available to that location. The county utilities services branch shall have the right to determine availability.

(b)

No taps will be made to reclaimed water mains unless specifically approved by the director. Service in areas where only transmission mains exist will require installation of a distribution main.

(c)

No payment of any costs, submittal of any petition or any other act to receive reclaimed water service shall guarantee such service. The county shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of reclaimed water, lack of payment of required fees or for any other reason which, in the judgment of the director, will cause the extension not to be to the benefit of the county.

(Ord. No. 93-16, § 2(F), 5-18-93)

Sec. 110-72. - Priorities for extending service.

Extensions to the reclaimed water systems intended to connect users shall proceed with the following priorities:

(1)

Major volume users adjacent to the existing system (direct connections).

(2)

Small lot users adjacent to the system.

(3)

Major volume users in critical water quality areas.

(4)

Small lot users in critical water quality areas.

(5)

Major volume users elsewhere.

(Ord. No. 93-16, § 2(G), 5-18-93)

Sec. 110-73. - Application for service.

(a)

Each application requesting the county to provide reclaimed water service to the property identified in that application shall be made to the county administrator by the property owner or an authorized representative of the property owner.

(b)

If service is determined to be available, the applicant shall be notified of such determination and any conditions of service. If service is not available, the applicant shall be so notified.

(c)

Before an application for reclaimed water service will be approved, the customer must have a suitable irrigation system in compliance with the design standards and restrictions described in this article.

(d)

The county may require irrigation meters for any reclaimed water customer.

(e)

Acceptance by the applicant of the conditions of service shall constitute a contract between the applicant and the county which shall bind the applicant to pay for the services rendered at the rates and charges prescribed by the county and to comply with all applicable rules and regulations, including those of the county and the state department of environmental protection.

(f)

A list of applicable rules, regulations and design standards shall be provided to the applicant at the time of application.

(Ord. No. 93-16, § 2(H), 5-18-93)

Sec. 110-74. - Construction of new facilities.

(a)

All reclaimed water facilities shall be designed and constructed in accordance with applicable state and county policies, standards and specifications, including the county cross connection control program.

(b)

Each new development within the areas so identified in the reclaimed water master plan shall include a reclaimed water distribution system as a condition of wastewater service, provided construction of the reclaimed water distribution system is deemed to be in the best interest of the county as determined by the county administrator.

(c)

The developer shall construct the reclaimed water distribution system and all facilities necessary to extend county transmission mains from the stipulated point of connection to the development. Provisions may be made to utilize ground/potable water until such time that the county is capable of supplying reclaimed water.

(d)

The county may require the developer to oversize all or any portion of the reclaimed water facilities to be constructed by the developer. Construction costs associated with any such oversizing shall be borne by the county, in accordance with the applicable county oversizing policy.

(e)

All new turf facilities shall be developed utilizing reclaimed water for irrigation purposes where feasible. All existing turf facilities are encouraged to use or convert to reclaimed water in a timely fashion, where feasible.

(f)

New industries and other heavy water users with a large water demand shall evaluate the feasibility of utilizing reclaimed water.

(Ord. No. 93-16, § 2(I), 5-18-93)

Sec. 110-75. - Reimbursement of distribution system and transmission main construction costs.

(a)

Reimbursements for oversizing of reclaimed water transmission mains shall be made in accordance with county policy regarding oversizing of water and wastewater facilities.

(b)

All terms concerning the reimbursement of construction costs to the developer shall be contained in a written agreement executed by the developer and the county prior to any reimbursement.

(Ord. No. 93-16, § 2(J), 5-18-93)

Sec. 110-76. - Use of reclaimed water.

(a)

All uses of reclaimed water shall be in accordance with applicable rules of the state department of environmental protection and other regulatory bodies having jurisdiction.

(b)

All reuse by the customer shall be voluntary. The county administrator may require effluent take-back agreements with developers where additional wastewater treatment plant effluent disposal capacity is required as a condition of wastewater service.

(c)

The county will monitor reclaimed water connections so as not to exceed the capacity of the system or the disposal site. It is the intent of the county to maximize the use of reclaimed water and to provide service to as many customers as practical. At times, it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any section of this article to the contrary, the county makes no representation as to the availability or implementation of reclaimed water service within the county. Furthermore, nothing in this article shall be construed to create a debt or general obligation of the county or a pledge of the full faith and credit or taxing power of the county.

(d)

The county reserves the right to temporarily discontinue service to any portion of or to the entire reclaimed water system as deemed necessary by the director.

(e)

The county reserves the right to establish reclaimed water supply schedules.

(f)

The county may discontinue reclaimed water service to any customer due to a violation of this article, nonpayment of bills, for tampering with any service, for plumbing cross connections with another water source or for any reason that may be detrimental to the system. The county has the right to cease service until the condition is corrected and all costs due the county are paid. These costs may include delinquent billings, connection charges and payment for any damage caused to the system. Should discontinued service be turned on without authorization, the utilities services branch shall remove the service and make an additional charge as established by the county. Such discontinuance of service may occur without prior written notice.

(g)

A customer whose service has been discontinued may resume reclaimed water service by payment of past due amounts and a reconnection fee; provided, however, when service has been discontinued for violation of the policies and regulations relating to the use of the reclaimed water system, service will not be reconnected until the county receives, in its opinion, reasonable and sufficient guarantee that the violation will not reoccur.

(Ord. No. 93-16, § 2(K), 5-18-93)

Sec. 110-77. - Design standards.

(a)

The irrigation system to be provided by the customer under this article will consist of an underground system with permanently placed sprinkle devices or belowground hose bibs contained in a meter box lockable with a five-point bolt. The locked meter box cover shall be labeled "Reclaimed water" and shall be painted purple.

(b)

Prior to connection to the county's reclaimed water system, a belowground dual check device shall be installed by the county on the potable water line to each property receiving reclaimed water service. The dual check device shall be installed on the customer's side of the potable water curbstop. Maintenance of the dual check device shall be the responsibility of the customer.

(c)

Newly installed reclaimed water distribution mains shall be color coded purple.

(d)

Newly installed reclaimed water service laterals shall be color coded purple.

(e)

A polyethylene marking tape shall be installed continuously in the backfill along the length of all newly installed reclaimed water transmission mains and distribution mains according to the following:

(1)

The reclaimed water main's tape shall have a purple color throughout. The color shall be fade resistant and shall be printed on one side in black letters as follows, and there shall be a maximum of 12 inches between printed phrases:

(2)

The polyethylene tape shall meet the requirements of ASTM D 1248, type I, class A, grade E-1, for polyethylene plastics, molding and extrusion materials and shall have a minimum nominal thickness of 0.004 inches (four mils), a minimum tensile strength of 1,750 psi and a minimum elongation of 250 percent.

(3)

The tape shall be placed in the trench backfill, with the printed side up, one foot above the center of the top of the pipe.

(f)

The reclaimed water connection shall be at least ten feet center-to-center from any potable water meter. In unusual circumstances, with prior approval of the director, the service location may be less than ten feet but shall not be closer than five feet from any potable water meter.

(g)

At all times, a minimum horizontal center-to-center distance of five feet and a minimum horizontal surface-to-surface distance of three feet shall be maintained between reclaimed water lines and potable water lines, sewers or force mains.

(h)

At all times, a minimum vertical distance of one foot, six inches, shall be maintained between the outside surfaces of reclaimed water lines and potable water lines, sewers or force mains.

(i)

Inability to satisfy the minimum horizontal or vertical separations described in subsection (h) of this section will require the reclaimed water line to be installed in a steel casing pipe or to be encased in concrete.

(j)

Valve box covers, other than those required for locked underground hose bib access, shall be labeled "reuse." The valve box shall be mounted in a concrete pad. A three-inch bronze disc labeled "reuse" and describing the size, type and number of turns to open the valve shall be anchored in the concrete pad.

(k)

On newly developed property, reclaimed water service laterals shall be installed on the opposite side of the lot of the potable water service lateral.

(l)

All service laterals shall terminate in a belowground meter box provided by the county with a lockable valve provided by the developer or customer. Connection of the customer's reuse system to the service lateral shall occur in this meter box.

(m)

For retrofit of existing structures/irrigation systems, the county shall be responsible for construction of reuse distribution systems to the point of connection with the customer's internal distribution system. After the system is placed into service, the maintenance of the system shall follow section 110-82

(Ord. No. 93-16, § 2(L), 5-18-93)

Sec. 110-78. - Restrictions.

(a)

Unless expressly authorized in writing by the county administrator, no individual or organization shall tamper with, work on or in any way alter or damage any county reclaimed water facility. Tampering with or working on shall include 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 with the system. The offending person shall be liable for the cost attributable to the correction of such tampering, including attorney's fees. The county may commence an action for appropriate legal or equitable relief in a court of competent jurisdiction to enforce this section. However, payment for correcting damage to the system shall not relieve the offending person from other civil or criminal penalties which may be applicable.

(b)

Whenever a private service valve requires repair, the customer shall request the county to make all necessary adjustments to the county's curbstop (valve).

(c)

The county shall prohibit the use of potable water for irrigation through second meters on property where reclaimed water distribution facilities are within 100 feet.

(d)

The county shall prohibit the installation of new irrigation wells or the rehabilitation of existing irrigation wells where reclaimed water distribution facilities are within 100 feet of the proposed or existing wells.

(e)

The county shall not provide reclaimed water service where shallow wells are used as a source of potable water or where buffer zone requirements as required by the state department of environmental protection cannot be maintained.

(f)

The county shall prohibit the installation of shallow wells intended for use as potable water within 75 feet of reuse sites.

(g)

A person using a single-family service connection is prohibited from injecting any chemicals into the reclaimed water system. Other users wishing to use chemical injection into the reclaimed water system shall be required to install an approved cross connection control assembly on the reclaimed water service connection.

(h)

No party shall cause or allow his reclaimed water system to have any cross connections between two or more water supplies, any illegal connections or tie-ins or any discharge of reclaimed water into the public sewer system.

(i)

No party shall let or rent to any other party or property any part of the reclaimed water system or use of the reclaimed water system in any manner or for any purpose other than described in the agreements and documents governing the reclaimed water system usage and executed by the user of the reclaimed water and the county.

(j)

Temporary irrigation systems will not be considered for connection.

(k)

Irrigation systems shall not include devices, aboveground faucets or other connections that could permit the reclaimed water to be used for any purpose other than irrigation, unless such uses and systems have been approved in writing by the director.

(Ord. No. 93-16, § 2(M), 5-18-93)

Sec. 110-79. - Inspections.

(a)

In order to ascertain and ensure compliance with this article and related regulations, the county reserves the right to inspect, secure and disconnect any and all devices wherever located which connect to or control any discharge from a reclaimed water distribution system.

(1)

Inspections made by the county where there is reasonable cause to believe that this article or any related regulation is being violated shall be at such times and with such frequency as the county deems necessary to establish whether or not this article or any related regulation is being or has been violated.

(2)

Inspections made by the county without reasonable cause to believe that this article or any related regulation is being violated shall be conducted only during normal working hours.

(b)

Upon the proper execution of an application for reclaimed water service, the customer is thereby deemed to have consented to entry by the county upon the property described in the application for the purpose of conducting any inspection permitted pursuant to this article and waives the right to receive any further notice from the county of inspections conducted pursuant to this article.

(c)

The denial of access to an authorized agent or employee of the county to any property receiving reclaimed water service for the purpose of conducting any inspection permitted under this article shall constitute a violation of this article and shall be grounds for immediate discontinuance of reclaimed water service by the county to the premises.

(Ord. No. 93-16, § 2(N), 5-18-93)

Sec. 110-80. - Ownership.

(a)

All reclaimed water distribution systems and transmission mains constructed by a developer in public rights-of-way shall be conveyed to the county in accordance with existing county subdivision regulations regarding acceptance and bonding requirements for water and wastewater improvement facilities.

(b)

The county shall accept the reclaimed water distribution system and transmission mains constructed by the developer, provided the county determines that the developer's facilities meet all of the following conditions:

(1)

The facilities were constructed to county standards.

(2)

The facilities are in good working condition.

(3)

The facilities are either in a public right-of-way or in a county-approved utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of any reuse system component. No obstruction of whatever kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without the written permission of the director.

(4)

The engineer of record has certified that the facilities were designed and constructed in accordance with sound engineering practices and all applicable standards.

(Ord. No. 93-16, § 2(O), 5-18-93)

Sec. 110-81. - User rates and service charges.

The board of county commissioners may establish appropriate fees or charges for connection to and use of reclaimed water.

(Ord. No. 93-16, § 2(P), 5-18-93)

Sec. 110-82. - Maintenance.

(a)

The property owner and customer shall be responsible for the maintenance of all irrigation lines and appurtenances on the property served by the county under this article. The county reserves the right to disconnect the service to any property that does not maintain the system. In addition, should the customer require reclaimed water at different pressures or different quality or in any way different from that normally supplied by the county, he shall be responsible for the necessary devices to make these adjustments and obtain approval from the director.

(b)

The county shall make a reasonable effort to inspect and keep its facilities in good repair, but assumes no liability for any damage caused by the system that is beyond the control of normal maintenance or due to situations not previously reported to the utilities services branch. This shall include damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the system, faulty operation of fire protection facilities or other reasons.

(c)

All facilities that have been accepted by the county shall become the property of the county and will be operated and maintained by the county. No person shall perform any work or be reimbursed for any work or in connection with any work on the system unless written authorization from the county is received prior to the work being accomplished.

(Ord. No. 93-16, § 2(Q), 5-18-93)

Sec. 110-83. - Emergency acts.

(a)

The county administrator may interrupt the delivery of reclaimed water to any property for or upon which a violation of this article or any related regulation has occurred. Any such interruption shall continue until such time deemed appropriate by the county administrator for resumption of service to the property.

(b)

The county administrator may take whatever emergency action he deems necessary and appropriate to protect persons or property from any injury, loss or damage which may reasonably be expected to result from each specific violation of this article or of any related regulation. The customer shall be responsible for all costs incurred by the county for any emergency measures performed by or at the request of the county as a result of such a violation attributed to the customer's reuse system or operation thereof.

(Ord. No. 93-16, § 2(R), 5-18-93)

Secs. 110-84—110-105. - Reserved.