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7764-07 ORDINANCE NO. 7764-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO POTABLE WATER AND RECLAIMED WATER; AMENDING CODE OF ORDINANCES, ADDING DIVISION 4, WELL MITIGATION AS FOLLOWS: SECTION 32.171, ADDING WELL MITIGATION PURPOSE; SECTION 32.172, ADDING DEFINITIONS; SECTION 32.173, ADDING PROVISION ON PRIVATE WELLS; SECTION 32.174, ADDING PROVISION ON MITIGATION OF CLAIMS; AMENDING SECTION 32.352, ADDING, ENHANCING AND RENUMBERING DEFINITIONS; AMENDING SECTION 32.354, ENHANCING TITLE; AMENDING SECTION 32.355, TO PROVIDE FOR EXTRATERRITORIAL SERVICE FOR NONRESIDENTIAL LARGE VOLUME USERS AND MINOR CONTENT UPDATE; AMENDING SECTION 32.373, MINOR CONTENT UPDATE; AMENDING SECTION 32.374, UPDATING REQUIREMENTS; AMENDING SECTION 32.378, MINOR CONTENT UPDATE; AMENDING SECTION 32.380, MINOR CONTENT UPDATE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA. Section 1. Chapter 32, Division IV, Code of Ordinances, is amended to add Division 4, to read as follows: Division 4. Well Mitiaation Sec.32.171 Purpose The purpose of this section is to protect the public health, safety and welfare of the citizens of the City of Clearwater usinQ private wells from increased levels of chlorides resultinQ from the city's production of water pursuant to the city's water use permit by assurinQ that the city can provide water of sufficient quantity and quality in an environmentally acceptable manner. and to ensure that everyone whose well may be influenced, is provided access to potable water for consumptive usaQe. and to potable or reclaimed water for irriQation usaQe. Sec. 32.172 Definitions For the purposes of this section. certain abbreviations. terms. phrases. words and their derivatives shall have the followinQ meaninQs: Ordinance No. 7764-07 ill Aquifer means a aeoloaic formation. aroup of formations, or a part of a formation capable of yieldina a sianificant amount of aroundwater to wells. sprinas or surface water. (2) Domestic well shall mean those wells that are intended to supply water for human consumption. Wells shall be connected to a buildina utilized as a residence. commercial operation or industry. (3) Irriqation well shall mean those wells that supply water solely for irriaation purposes. (4) Mitiqation means the remedy offered to affected well owners for unavoidable impacts to their well or wells. (5) Non-permitted well shall mean any well that has been constructed without a water use permit or a well construction permit issued by a reaulatorv aaency. (6) Permitted well shall mean a well that has been issued a water use permit or a well construction permit from a reaulatorv aaency. This includes. but is not limited to. those permits issued by the Southwest Florida Water Manaaement District. the Department of Environmental Protection and the City. (7) Potable water means water suitable for drinkina that has been treated and/or disinfected by a system that is reaulated by the Safe Drinkina Water Act. (8) Private well shall mean a well that is owned by a person or entity other than aovernmental aaency and supplies water for any use. These uses may include. but are not limited to. household. business, industrial or irriaation. (9) Safe Drinkinq Water Act means the federal reaulations. includina the reaulations and parameters as they may be amended from time to time. which set the Quality standards for potable water. (10) Service area shall mean the area that is served potable water by the City of Clearwater public utilities department. This area encompasses those customers within the City of Clearwater city limits as well as customers in certain unincorporated areas of Pinellas 2 Ordinance No. 7764-07 County. This area may be amended from time to time by amendment to the city and county interlocal service agreement. Sec. 32.173 Private wells Owners of private wells. which have observed an increase in chloride concentrations exceeding a total of 250 mg/l. as a result of pumping well water with higher chloride concentrations at city-owned production wells. shall be offered connection to the city water system that includes connection fees and costs paid by the utilities department. Sec. 32.174 Mitigation of Claims The public utilities department shall establish procedures to monitor and investigate claims asserting an impact to a private well owner. If it is determined that a well owner's claim is valid and the city has impacted the well owner's well water Qualitv. the city would mitigate with the impacted owner. Mitigation would include the following depending on the type of well owner. Mitigation for existing Domestic Well Owners When it can be shown and verified through investigation of monitoring data by the city that a domestic well, with or without a water use permit, exceeds ~chloride concentration of 250 mg/l as a result of pumping well water with higher chloride concentrations at city-owned production wells. the well-owner will be offered a connection to the city's potable water system. at no cost to the owner. within 15 business days of receiving the complaint. As part of mitigation. the city would also reQuire access to properly plug and abandon the domestic well from further use. No new private well or wells may be constructed on the property. Mitiaation for existina Irriaation Well Owners When it can be shown and verified through investigation of monitoring data by the city that an irrigation well, with or without a water use permit, exceeds ~chloride concentration of 400 mg/l as a result of pumping well water with higher chloride concentrations at city-owned production wells. the well-owner will be offered a connection to either the city's reclaimed or potable water systems. at no cost to the owner. within 15 business days of receiving the complaint. As part of mitigation. the city would also reQuire access to properly plug and abandon the irrigation well from further use. No new private well or wells may be constructed on the propertv. Section 2. Sec. 32.352. Code of Ordinances, City of Clearwater, is amended to read as follows. 3 Ordinance No. 7764-07 Sec. 32.352. Definitions. * * * * * ff.l Bulk Rate User shall mean the actual non-residential user of reclaimed water inside or outside the city limits that has an aQreement for a specified reclaimed water rate. QL~Cross connection shall mean any physical connection or arrangement which could allow the movement of fluids between the potable water system and any other piping system, such as reclaimed water. ~fJt-Customer shall mean the actual user of reclaimed water. ~~Department shall mean the public works department of the city. @Lf51-Director shall mean the public works administrator public utilities director or his/her designee. !.1.L~Distribution main shall mean a conduit used to supply reclaimed water to a service line from a transmission line. @Lf7}-Duplex means a two family dwelling as defined in section 35.11. ~fSt-Dwelling unit means a building or portion thereof providing independent living facilities for one family including provisions for living, sleeping and complete kitchen facilities. f1QltQ1-FAC shall mean the Florida Administrative Code. i.1.1l(10) Hose bibb means a special connection installed and provided by the city at certain points of delivery of reclaimed water that will enable the customer to attach a hose with a customized adaptor to use reclaimed water for non-potable purposes. @(11) Industrial/commercial reclaimed water use means reclaimed water that is used by the customer for non-potable purposes other than irrigation and other residential type applications. The director shall determine industrial/commercial reclaimed water use applications, which shall be metered. 4 Ordinance No. 7764-07 (13) InterruDtible Service means reclaimed water can be periodicallv stopped due to operational and/or seasonal fluctuations in supplies needed to meet demands. 00(12) Master control valve shall mean the city-installed and maintained manually operated valve which controls the total reclaimed water flow to the customer's property. f19l(13) Meter shall mean a flow measuring device to monitor the total reclaimed water flow to the customer's property. @(14) Multi-family means a detached building designed for four or more dwelling units. f1ll(15) Non-potable water shall mean water that is not intended for drinking or culinary purposes. (1ID(16) Pervious area means the total property area of a customer, in acres, less the impervious area as computed for stormwater management utility billing purposes, rounded to the nearest tenth of an acre. !1ID.(17) Point of delivery or service connection means the terminal end of a service line from the public reclaimed water system at the downstream end of the meter set, hose bib--bibb or other device installed and maintained by the city. @(18) Potable water means water that does not contain objectionable pollution, contamination, minerals or infection and that is considered satisfactory for domestic consumption; in short, suitable for drinking purposes. ,(gll(1 Q) Property owner shall mean the owner of property receiving reclaimed water service. (22) (20) PVC pipe shall mean polyvinyl chloride pipe. (23)(21) Reclaimed water shall mean water that has received advanced waste treatment with high level disinfection pursuant to Chapter 17-610, FAC. (24) (22) Service line shall mean that conduit to convey reclaimed water from the distribution main to the customer's property line. @(23) Shutoff valve means a required, manually operated valve provided, installed and maintained by the customer 5 Ordinance No. 7764-07 downstream from the point of delivery that controls the reclaimed water flow to the customer's own system using reclaimed water. (26) (24) Single-family means a detached building or portion thereof designed for one dwelling unit. @(25) Transmission main shall mean a conduit that conveys reclaimed water from the treatment plant to a booster pumping station or a trunk main. (28) (26) Triplex means a three-family dwelling as defined in section 35.11. (Ord. No. 5324-93,9 1,2-18-93; Ord. No. 5325-93, 92,3-17-94; Ord. No. 5940- 95,94,12-7-95; Ord. No. 6220-98, 91,1-15-98; Ord. No. 7321-04, 9 1,12-16- 04) * * * * * Section 3. Sec. 32.354. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.354. Residential S!ervice inside city. Reclaimed water service shall be available for properties located within the boundaries of the city which comply with the provisions for such service as set forth in this article. Reclaimed water shall be available to properties within the city as the distribution system is extended and reclaimed water becomes available. (Ord. No. 5324-93,9 1,2-18-93) Section 4. Sec. 32.355. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.355. Service outside city; annexation required. Except as provided below for nonresidentiallarQe volume users. reclaimed Reclaimed water service may be provided to property located outside of the city which is subject to an agreement to annex whenever annexation is permitted by law, which agreement shall be recorded in the public records and which shall constitute an application to annex the property. However, properties inside the city shall have the first priority. All applications for service outside the city shall be reviewed by the director, who shall approve such service only if an adequate supply of treated ':.'astewaterreclaimed water is available to meet the needs in 6 Ordinance No. 7764-07 the city. The director shall review and technically approve all service line sizes and all other necessary design components. Service outside City. bulk rate user. Reclaimed water may be provided to non-residential. larae volume customers outside the city. without annexation, throuah a connection, which is charaed either the metered rate or a neaotiated bulk rate fee. The customer is responsible to make the connection to the valve provided bv the city. The valve location will be mutuallv aareed upon between the customer and the city. All connections will reauire a meter. The customer is to pay for the meter and installation bv the citv. All applications for service outside the city shall be reviewed bv the director. who shall approve such service onlv if an adeauate supplv of reclaimed water is available to meet the needs in the city. The director shall review and technicallv approve all service line sizes and all other necessary desian components. The customer is responsible for coordinatina with the potable water provider to obtain the appropriate backflow prevention on the potable water system servina the property. The city may interrupt or terminate service as deemed appropriate for the safety and welfare of the public and/or to meet operational and seasonal demands. (Ord. No. 5324-93, ~ 1, 2-18-93) Section 5. Sec. 32.373. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.373. Customer responsibility. * * * * * (4) All customers connecting to the reclaimed system for air conditioning system coolant water shall be required to have a potable water system backup in place, including proper backflow protection. Additionally, all customers proposing to use reclaimed water in industrial applications, including cooling towers, must provide certification by an engineer that this usage is in compliance with Florida Department of Environmental RegulationProtection Rules, Chapter 62-610, Reuse of Reclaimed Water and Land Application. (Ord. No. 5324-93, ~ 1,2-18-93; Ord. No. 5940-95, ~ 9,12-7-95; Ord. No. 6220- 98, ~ 14,1-15-98; Ord. No. 6692-01, ~ 2,3-1-01) Section 6. Sec. 32.374. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.374. Meter requirements. 7 Ordinance No. 7764-07 (1) The city will normally require reclaimed water meters for all customers usina reclaimed water. rosidential reclaimed v:ater customers and open space recreational facilities. (2) Appropriately sized meters shall be required for all commercial, industrial, bulk and multi-family dwelling unit uses as determined by the director. (3) Reclaimed water meters are not normally required for golf courses with existing agreements with the city for the supply of reclaimed water. These agreements are subject to renegotiation for cost increases for reclaimed water.:. and golf courses may be required to meter. (4) Bulk rate users are reQuired to pay for meter and installation costs. (Ord. No. 5324-93, S 1,2-18-93; Ord. No. 6220-98, S 15, 1-15-98; Ord. No. 6587- 00, S 3,10-19-00; Ord. No. 6692-01, S 1,3-1-01; Ord. No. 7321-04, S 2,12-16- 04) Section 7. Sec. 32.378. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.378. Shallow potable wells. (1) The city shall not provide reclaimed water service where shallow wells, the existence of which is known by the city, are a source of potable water and where buffer zone requirements of the Florida Department of Environmental Regulation Protection cannot be maintained. * * * * * Section 8. Sec. 32.380. Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.380. Availability charge. The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Upon application f-or and connection to the reclaimed water system, the availability charge shall cease. Properties with existing irrigation wells shall not be charged for availability as long as the irrigation well remains active. The burden of proof is on the property owner to verify that an irrigation well is active and the director shall make the final determination. 8 Ordinance No. 7764-07 (Ord. No. 5940-95, 9 11, 12-7-95; Ord. No. 6382-99, 9 1, 3-4-99) Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 9 December 14, 2006 January 18, 2007 ~j(~ far - Fr nk V. Hibbard Mayor Attest: Ordinance No. 7764-07