Sec. 134-26. - Title and citation.

This article shall be known as and may be cited as "The Collier County Reclaimed Water System Ordinance."

(Ord. No. 98-37, § 1)

Sec 134-27. - Findings.

The board of county commissioners hereby makes the following findings:

(a)

That Florida Administrative Code, Rule 62-610.491(C) requires that all reuse water systems establish a reuse ordinance to detect and prevent occurrences that may be detrimental to the reuse system or to the environment.

(b)

That the Collier County Water-Sewer District reclaimed water system meets the criteria of a slow rate land application system with public access as defined by Florida Administrative Code, Rule 62-610.450.

(c)

That the establishment and maintenance of a reclaimed water system article is a condition of the county's wastewater operating permits issued by the Florida Department of Environmental Protection to the Collier County Water-Sewer District.

(d)

The provisions of this article shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience.

(Ord. No. 98-37, § 2)

Sec. 134-28. - Intent.

It is the intent of the county to make reclaimed water available for irrigation and other authorized uses in certain areas of the county where the board of county commissioners determines that the construction of a reclaimed water distribution system is desired or requested by customers and that application is practical and economical. The reclaimed water distribution system shall be constructed to provide service to designated areas as determined by the wastewater master plan and as approved by the board of county commissioners.

(Ord. No. 98-37, § 3)

Sec. 134-29. - Definitions.

For purposes of this article, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary.

Approved backflow preventer shall mean a mechanical assembly that has been approved to prevent backflow and back-siphonage to the county's potable water system as now defined in county Ordinance No. 97-33.

County shall mean Collier County, a political subdivision of the State of Florida, and where the context requires or warrants, shall be limited to the Collier County Water-Sewer District.

Cross-connection shall mean any physical connection or arrangement either directly or indirectly which would allow the movement of fluids between the county's public water system and any other piping system such as the county's reuse water system.

Customer shall mean a homeowners association, condominium association or other association with legal authority to make binding determinations on behalf of the association, its members, its unit owners, or the shareholders of such association, or an owner of developed property.

Distribution mains shall mean those conduits designed to be used, or actually used to supply reuse water to service lines from transmission mains.

Division shall mean the Collier County Public Works Division.

Public works administrator (also referred to as administrator) shall mean the individual responsible for the activities of the county public works division.

Reclaimed water shall mean wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, as secondary treatment and high level disinfection prior to entering the reclaimed water system.

Reclaimed water rate shall mean the rate in dollars and cents established by ordinance by the board of county commissioners.

Reuse shall mean the deliberate application or usage of reclaimed water.

Transmission mains shall mean those conduits designed to be used, or actually used to supply reuse water from a reclamation facility to distribution mains.

Wastewater director shall mean the individual responsible for the technical and operational activities of the county wastewater department.

Water director shall mean the individual responsible for the technical and operation activities of the county water department.

(Ord. No. 98-37, § 4)

Sec. 134-30. - Availability of service.

The term "available" means that an operational reclaimed water distribution main is located within 200 feet of the property to be serviced or, in the alternative, that it is cost effective for the county to extend a reclaimed water distribution main to within 200 feet of the subject property. Availability and cost effectiveness shall be determined by the wastewater director.

(Ord. No. 98-37, § 5)

Sec. 134-31. - Connection to system.

(a)

General. Customers in designated service areas may connect to the reclaimed water system when service is available and upon approval of a properly submitted application, and compliance with all county requirements and Florida Administrative Code, Rule 62-610, as amended. Connection to the system is voluntary. When service is available, all customers that connect to the reclaimed water system will be charged the monthly reclaimed water rate that has been established by ordinance.

(b)

Hose bibb connections. Above ground hose bibb connections shall not be present. Any hose bibb (spigot or other hand operated connection) shall comply with Florida Administrative Code, Rule 62-610.469(2), as amended, and be inspected and authorized by the county public works division.

(Ord. No. 98-37, § 6)

Sec. 134-32. - Authority to adopt rates, fees and charges.

The board of county commissioners may by resolution establish rates, fees and charges for the reclaimed water system and to provide terms and conditions for the payment and collection of same. Pursuant to the authority of Section 403.064, Florida Statutes, the county shall have the power to allocate the costs of the reclaimed water system in a reasonable manner and to recover all or a portion of such costs in the rates established.

(Ord. No. 98-37, § 7)

Sec. 134-33. - Discontinuing service by county.

The county may discontinue reclaimed water service to any customer due to violation of any provision of this article, county regulations, non-compliance with Florida Administrative Code, Rule 62-610, non-payment of bills, for tampering with any service, for cross-connection with any other water source, or for any reason that may be detrimental to the system or to the environment.

The county has the right to cease service until the condition is corrected and all costs due to the county have been paid. These costs may include past due bills and penalties, connection charges, payment for any damage caused to the system, together with any charges established on the basis of the expenses incurred in the disconnection and restoration of service, which shall be non-discriminatory in its application. Should discontinued service be turned on without authorization, the division shall remove the service and make such additional charges as are established by resolution or ordinance, or as incurred.

(Ord. No. 98-37, § 8)

Sec. 134-34. - Service interruption.

(a)

The county may temporarily discontinue service to any portion of or the entire reclaimed water system as deemed necessary by the administrator or designee, or as required by the Florida Department of Environmental Protection Regulations, as amended.

(b)

During dry weather events, the reuse water demand may exceed the county's reclaimed water facilities capabilities. During these events, all reclaimed water customers shall receive an equal percentage (%) of the agreed upon allotment. The administrator or designee shall determine the actual percentage.

(Ord. No. 98-37, § 9)

Sec. 134-35. - Service application requirements.

(a)

No connection to the county reclaimed water system shall be permitted without an executed written reuse agreement or application for that service.

(b)

Approval from the Florida Department of Environmental Protection shall precede any connection to the reclaimed water system.

(c)

The application form shall provide that the customer consents to the entry by the county upon the property described in said application, for the purpose of conducting all inspections permitted or required by the article and waiving all rights to receive further notice from the county of inspections conducted pursuant to this article, and indemnifies the county, its agents and employees from all claims, damages, judgments and expenses (including attorney fees) incurred by the county as a direct result of the use or discharge of reclaimed water by the customer in violation of any of the terms of this article or applicable laws, rules on regulations.

(d)

The county shall inspect each property prior to connection to the reclaimed water system. The inspection will include, but not be limited to, the following:

(1)

A review of the information in the completed application for service form.

(2)

A review of all applicable construction specifications.

(3)

A cross-connection review.

(4)

Such other matters, as the administrator deems applicable.

(e)

No connection shall be permitted until the customer has an approved backflow protection device on the potable connection and the device complies with county Ordinance No. 97-33, as amended or superseded.

(f)

All appurtenances and connections to the reclaimed water system shall be inspected by the division prior to the use of reclaimed water.

(Ord. No. 98-37, § 10)

Sec. 134-36. - Meter requirements.

Reclaimed water shall be supplied only through metered connections. The developer shall determine the size and type required for each service and shall submit verifying data to the division. All meters two inches in size and smaller shall be installed by the county. All meters larger than two inches in size shall be installed by the developer after such installation is approved by the county.

(Ord. No. 98-37, § 11)

Sec. 134-37. - Cross-connection control.

(a)

On all properties where reclaimed water service is provided, the public or private water supply shall be protected by an approved backflow protection device as specified in county Ordinance No. 97-33. No cross-connection shall be permitted. All backflow protection devices and material installed for cross-connection control shall be approved by the county water director, as amended or superseded.

(b)

To determine the presence of any potential hazards to the potable water system, the county shall have the right to enter upon the premises of any customer receiving reclaimed water.

(c)

In the event a cross-connection is found on the property being provided reclaimed water service, the public works division shall have the authority to immediately and summarily discontinue reclaimed water service to said property without any notice. Before resuming service, the customer shall make such corrections as may be required by the administrator and have the service re-inspected to ensure compliance with county Ordinance No. 97-33, as amended or superseded.

(Ord. No. 98-37, § 12)

Sec. 134-38. - Construction specifications.

All reuse water connections shall meet the following specifications:

(1)

Prior to connection, all requirements of Florida Administrative Code, Rule 62-610, as then amended, shall be met.

(2)

All reclaimed water service assemblies and appurtenances shall be a minimum of 12″ above final finished grade (or pad) to a maximum of 30″ as measured from the lowest point of the assembly and a minimum side distance of three feet from any wall, fixed aperture, or landscaping.

(3)

Reclaimed water assemblies shall not be installed above final finished grade in any type of vault unless such vault is constructed to allow at least 30% of its side walls to be open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size as to permit any water to freely pass through the openings to the outside.

(4)

Fire hydrants shall not be installed on mains constructed within the county.

(5)

All pipes shall comply with county utility standards Ordinance No. 97-17, as amended or superseded, and shall be the color of pantone purple 522c and be marked with metallic tape that reads "Reclaimed Water".

(6)

All improvements shall require a construction permit and shall be constructed by a licensed contractor.

(7)

Three sets of plans and specifications shall be submitted with the permit application.

(8)

Mains shall be a minimum four inches in diameter.

(9)

Service lines shall be as required by the property serviced, but shall in no case be less that one inch in diameter. Sizes of service lines required by the applicant are subject to approval by the water director.

(10)

Mains in the public right-of-way shall be located at uniform distance from the curb with locations and separation distances per Division construction specifications and Florida Department of Environmental Protection, Rule 62-610, as then amended.

(11)

If reclaimed water mains are to be conveyed to the county, the customer shall submit such documents as are normally required for the dedication of public facilities as specified in county Ordinance No. 97-17, as amended or superseded.

(Ord. No. 98-37, § 13)

Sec. 134-39. - Maintenance by customer.

The property owner and/or customer shall be responsible for the maintenance of all irrigation lines and appurtenances on their property beyond point of delivery. The county may disconnect the service to any property in the event any part of the irrigation system and appurtenances are not being maintained as required by ordinance. In addition, should the customer require reclaimed water at different pressures, different quality, or in any way different from that which is normally supplied by the county, they shall be responsible for the necessary devices for making these adjustments and obtaining approval from the public works division.

(Ord. No. 98-37, § 14)

Sec. 134-40. - County maintenance.

(a)

All facilities that have been accepted by the county shall thereby become the property of the county and will be operated and maintained by the county. No person shall perform any work, nor be reimbursed for any work on the system, without written authorization from the public works division prior to the work being commenced.

(b)

The county shall make every 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 public works division. These situations shall include, but are not limited to, damage due to the breakage of pipes, poor water quality due to unauthorized or illegal introduction of foreign material into the system, or other reasons.

(Ord. No. 98-37, § 15)

Sec. 134-41. - Chemical injections prohibited.

All service connections are prohibited from adding chemicals to the irrigation system after being connected to the reclaimed water system. Any users wishing to add chemicals upstream of the point of delivery to the irrigation system shall prior thereto be required to install an approved backflow protection device on the reclaimed water service connection.

(Ord. No. 98-37, § 16)

Sec. 134-42. - Public easement.

No facilities will be installed and accepted by the county for maintenance unless the facilities are in a dedicated public right-of-way or county utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of all reclaimed water system components. No obstruction of any kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without prior written authorization for same from the public works administrator.

(Ord. No. 98-37, § 17)

Sec. 134-43. - Ownership by county.

All reclaimed water facilities and appurtenances within dedicated county utility easement, when constructed or accepted by the county, shall thereby become the property of the county. No person shall, by payment of any charges provided herein or by causing any construction of facilities accepted by the county, acquire any interest or right in any of these facilities or in any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this article, as amended or superseded.

(Ord. No. 98-37, § 18)

Sec. 134-44. - Inspections.

(a)

In order to ascertain and insure compliance with the provisions of this article and all regulations relating to reclaimed water, the county shall have the right to inspect, secure and disconnect all facilities and devices wherever located which connect to or control any discharge from the reclaimed water distribution system.

(b)

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

(Ord. No. 98-37, § 19)

Sec. 134-45. - Liability and indemnity.

(a)

The county shall not be liable for any damages caused by the use of reclaimed water provided the reclaimed water has been treated by the department to the levels required by applicable federal, state and local laws and regulations for irrigation of lands with public access.

(b)

The county shall not be liable for any damages caused by a failure to deliver or supply reclaimed water.

(Ord. No. 98-37, § 21)

Sec. 134-46. - Easement dedications.

This applicant shall dedicate land or perpetual easements on land for reclaimed water transmission and distribution facilities as required to provide the reclaimed water service.

(Ord. No. 98-37, § 21)

Sec. 134-47. - Permits.

The applicant shall obtain and fulfill at its expense all the necessary permits, licenses, conditions and approvals for the initial construction and operation of the on-site reclaimed water irrigation facilities.

(Ord. No. 98-37, § 22)

Sec. 134-48. - Customer's on-site reuse system.

(a)

The applicant shall, at its expense, construct all necessary on-site reuse facilities such as pipes, storage facilities, and spray or sprinkler facilities for the reuse of reclaimed water. The applicant shall, at its expense, construct all necessary transmission mains, repump stations and appurtenant improvements for transmitting reclaimed water from the county transmission system to the applicant's site.

(b)

Customer may apportion its monthly charges paid to the Collier County Water/Sewer District (CCWSD) for reclaimed irrigation service to its internal users either by equal apportionment, by installation of submeters, or otherwise, provided the apportionment is fair and not unreasonably discriminatory, and is limited to recovery of the customer's actual direct costs in obtaining the respective irrigation service from the district and, in turn, providing same to the internal users, including the customer's administrative and capital costs directly related thereto. Provision of irrigation service to internal users as described in this subsection (limited to direct costs pass-through) does not constitute sale or disposition of reclaimed irrigation service. Upon an internal user's written request for same, the customer shall, at no cost to the internal user, provide to that requesting internal user, documentation to prove the customer's above-described actual direct costs, including a written explanation of the basis utilized by the customer to allocate those costs to that internal user for that service. Such written proof and explanation shall be provided to the respective requesting internal user not later than five business days after receipt by the customer of that user's written request for same.

(Ord. No. 98-37, § 23; Ord. No. 99-35, § 1, 5-11-99)

Secs. 134-49, 13-50. - Reserved.