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5324-93row ORDINANCE NO. 5324-93 0 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CREATING ARTICLE IX OF CHAPTER 32, CODE OF ORDINANCES, JO ESTABLISH THE CITY'S RECLAIMED WATER SYSTEM UTILITY; MAKING CERTAIN FINDINGS AND DETERMINATIONS; PROVIDING DEFINITIONS; ESTABLISHING A RECLAIMED WATER SYSTEM THAT WILL MAKE TREATED WASTEWATER AVAILABLE FOR IRRIGATION AND OTHER NON-POTABLE PURPOSES IN CERTAIN SECTIONS OF THE CITY; REQUIRING NEW IRRIGATION SYSTEMS TO CONNECT TO THE RECLAIMED SYSTEM WHERE AVAILABLE; DEFINING,TERMS; ESTABLISHING TERMS AND CONDITIONS FOR THE USE OF THE RE- CLAIMED WATER SYSTEM; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 1, Florida Constitution, and Chapter 166, Florida Statutes, the City of Clearwater has all powers of local self-government to perform City functions and render City services in a manner not inconsistent with general or special law, and such power may be exercised by the enactment of city ordinances; and WHEREAS, potable water is a valuable resource which needs to be conserved, particularly in coastal communities such as the City of Clearwater; and WHEREAS, treated wastewater is also a valuable water resource which can safely be used for irrigation and other non-potable purposes, thereby substantially contributing to the conservation of potable water; and WHEREAS, Section 403.064, Florida Statutes, specifically encourages cities to implement reclaimed water programs as a City function; and WHEREAS, the City of Clearwater has determined to establish and construct a City reclaimed water system which will make treated wastewater available in certain areas of the City for irrigation and other non-potable purposes; and WHEREAS, the Clearwater City Commission wishes to establish certain terms and conditions regarding the use of the reclaimed water system; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. Article IX of Chapter 32, Code of Ordinances, consisting of Sections 32.351 through 32.319, is created to read: ARTICLE IX. RECLAIMED WATER SYSTEM. Sec. 32.351. Intent. It is the intent of this article to establish the use of reclaimed water within the City of Clearwater in accordance with all environmental regulations. It is the intent of the City to minimize the use of potable water supplies for nonpotable uses. It is the intent of the City to establish a reclaimed water system for the City's service area in a manner which benefits the community. 53__? ?/ -y3 LAM 0 Sec, 32.352. Definitions. As used in this article: (1) "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. (2) "Department" shall mean the public works department of the City, (3) "Director" shall mean the head of the public works department. (4) "Distribution main" shall mean a conduit used to supply reclaimed water to a service line from a transmission line. (5) "Dual check device" shall mean a device composed of two single independently active check valves. (6) "FAC" shall mean the Florida Administrative Code. (7) "Master control valve" shall mean the manually operated valve which controls total reclaimed water flow to the customer's property. (8) "Meter" shall mean a flow measuring device to monitor the total reclaimed water flow to the customer's property. (9) "PVC pipe" shall mean polyvinyl chloride pipe. (10) "Reclaimed waft shall mean water that has received at least second- ary treatment with high level disinfection pursuant to Chapter 17-610, FAC. (11) "Service line" shall mean that conduit to convey reclaimed water from the distribution main to the customer's property line, (12) "Transmission -main" shall mean a conduit that conveys rec 1 a imed water from the treatment plant to a booster pumping station or a trunk main. 1(13) "Trunk main" shall mean a conduit that conveys reclaimed water from a the booster pumping station or transmission main to a distribution main. Sec. 32.353. Adoption of Chapter 17-610, Florida Administrative Code. The rules and regulations appearing in Chapter 17-610, FAC, as may be amended from time to time, are hereby adopted by reference as though fully set forth within this article and shall apply within the city as an ordinance. In the event of any variation between the provisions of Chapter 17-610, FAC, and the provisions of this article, the more strict provision shall prevail. The violation of a provision of Chapter 17-610, FAC, shall be deemed a violation of this section. 2 t 11 S-.3 V - l3 Sec. 32.354. Service 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. Sec. 32.355. Service Outside City--Annexation Required 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 wastewater is available to meet the needs in the city. The director shall review and technically approve all service line sizes and all other necessary design components. Sec. 32.356. Availability of Service. 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. No taps will be made to reclaimed water trunk mains. Service in areas where only trunk mains exist will require the installation of a distribution main. The availability of reclaimed water shall be determined by the department. Sec. 32.357. Public Easement Requirements. No facilities or appurtenances shall be constructed, installed, or accepted by the city for mainteri,_ince unless they are located in public rights-of-way or public easements suitable for such purpose. Any new easement shal 1 be adequately sized to accommodate the construction, installation, and maintenance of any reclaimed water 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 written permission of the director. Sec. 32.358. Ownership. All reclaimed water facilities and appurtenances, when constructed, installed, or accepted by the city, shall become and remain the property of the city. By constructing or installing facilities or appurtenances accepted by the city, no person shall acquire any interest or right therein other than the privilege of connecting to the reclaimed water system utility and receiving services therefrom. Sec. 32.359. Identification. All pipes and above-ground appurtenances accepted into existing systems shall be adequately identified by color according to which system it is being 3 s3R V-y3 added. Coloration standards shall be as specified by the public works department. Sec. 32.360. Minimum Sized Reclaimed Water Mains. The minimum size of reclaimed water system mains shall be 4 inches in diameter. Sec. 32.361. Extension Approval. Reclaimed water system extensions shall be accepted by the city upon the appropriate approval of the director. Applications to install reclaimed water extensions shall be submitted to the department prior to construction. Sec. 32.362. Right to Refuse Service. No payment of costs, submittal of an application, or other act to receive reclaimed water service shall guarantee such service. The city 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 judgement of the director, applying sound engineering principles, will cause the extension not to be of benefit of the city. Sec. 32.363. Hydrants. Hydrants shall be installed on mains constructed within the city at such locations as deemed appropriate by the director. Sec. 32.364. Extent'of City Maintenance. (1) All facilities and appurtenances that have been accepted by the city shall become the property of the city and will be operated and maintained by the city. No person shall perform any work on, nor be reimbursed for any work on, the system without written authorization of the director prior to commencement of the work. (2) The city shall make a reasonable effort to inspect and keep the facilities and appurtenances 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 reported to or known by the city in sufficient time to cause repairs including, but not limited to, damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of. foreign material into the system, and faulty operation of fire protection facilities. Sec. 32.365. Maintenance by the Customer. The property owner and the customer shall be responsible for the proper maintenance of all irrigation lines and appurtenances downstream of the city's shutoff valve, on property served by the city. The city reserves the right to disconnect service to any property on which an irrigation system is not properly maintained. In addition, should the customer require reclaimed water at 4 .-3.2? different pressures, or different quality, or in any way different from that normally supplied by the city, the customer shall be responsible for the necessary devices to make these adjustments; provided, however, that such devices shall require the prior approval of the director. Sec. 32.366. Delinquent Accounts. Reclaimed water service may be discontinued until a delinquent account is paid in full along with the appropriate connection charges, if any, as provided in Article III. Sec. 32.367. Discontinuing Service--By City. (I) The city may discontinue reclaimed water service to any customer due to an infraction of these procedures and regulations, 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 city has the right to cease service until the condition is corrected and all costs due the city 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 department shall remove the service and make an additional charge as provided by Article III. (2) The provisions of Article III relating to notices, appeals, fees, and penalties shall apply to the discontinuation of reclaimed water service by the city. Sec. 32.368. Discontinuing Service--By Customer. There shall be no fee for discontinuing reclaimed water service. A request to discontinue service must be received by the department at least 2 days prior to discontinuation. All current bills shall be paid by the customer including i a bill for the use during the current billing period prior to discontinuation of service. Sec. 32.369. Service Interruption. (1) The city reserves the right to temporarily discontinue service to any '. portion of, or the entire, reclaimed water system as deemed necessary by the director, (Z) The director shall have the authority to establish schedules which restrict the use of the reclaimed water system at certain times in order to reduce maximum pressure demands on the system and to regulate usage during periods of limited reclaimed water availability. Sec. 32.370. Distribution Main Extension; Use of Potable Water. (I) Upon the extension of the reclaimed water system into residential or commercial areas, all potable water service through lawn ureters shall be discontinued. 5 53.2V-93 At- f (2) The city will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at all times. However, no assurances or guarantees shall be provided to customers or to others regarding the quantity or quality of the water due to circumstances beyond their control. Sec. 32.371. Applications for Reclaimed Water Service. Applications for reclaimed water service shall be filed in the public works department, upon forms to be provided for such purpose. Sec. 32.372. Location. Applications for reclaimed water services within rights-of-way maintained by the city, county or state shall include a dimensional plan showing the desired location of the requested service line relative to the nearest street intersection or identifiable property boundary shown on the plan, as required by the agency which issues the right-of-way construction permit. Sec. 32.373. Service Application Prerequisite--Customer Responsibility. (1) Before an application for reclaimed water service for irrigation purposes will be approved, the customer shall have a suitable irrigation system. The irrigation system provided by the customer shall consist of an underground system with permanently placed sprinkle devices or below ground hose bibs contained in a locked valve box. No system with a cross-connection to the potable water system shall be approved for connection to the reclaimed water system. Temporary systems shall not be approved for connection. The systems shall not include devices, above ground 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. (2) All new irrigation systems constructed in areas where the city has determined to make reclaimed water available shall require a permit and shall be constructed in accordance with the specifications and regulations established by the director. The owner shall provide the city with a schematic drawing of the irrigation system. Sec. 32.374. Meter Requirements. (1) The city shall not require meters for residential reclaimed water customers or golf courses and other open space recreational facilities, but reserves the right to do so by an amendment to this article at a later date. i (2) Appropriately-sized meters shall be required for commercial and industrial uses. (3) All meters for the reclaimed water system shall be installed by the city and shall remain the property of the city after installation. An estimate for the installation cost will be prepared by the director and submitted to the applicant for payment prior to installation. A refund or additional billing will be made after installation to ensure that the applicant pays the actual cost of installation. b 5'3,2 U -2.3 Sec. 32.375, Cross-Connection Control. (1) In all premises where reclaimed water service is provided, the public or private potable water supply shall be protected by an approved cross- connection control 'assembly. All devices and materials for cross-connection control shall be provided and installed by the city, and shall remain the property,of the city. Where any cross-connection is found, it shall be discon- nected. Before reconnection of that service, the public potable water system shall be protected against the possibility of future cross-connections, and additional devices may be required as specified by the director and installed at the customer's expense. (2) To determine the presence of any potential hazards to the public potable water system, the Pinellas County Public Health Unit and the city shall have the right to enter upon the premises of any customer receiving reclaimed water. Each customer of reclaimed water service shall, by application or by use of service, be deemed to have given implied consent to such entry upon the premises. Sec. 32.376. Use of Potable Water for Irrigation Prohibited. No person shall use potable water for irrigation through a new or existing lawn meter on property where reclaimed water distribution facilities are available. Sec. 32.377. Irrigation Wells. No person shall install a new irrigation well to serve property where reclaimed water distribution facilities are available. 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 cannot be maintained. (2) No person shall install a shallow well intended for use as a source s of potable water for property where reclaimed water and potable water connections are available. Sec. 32.379. Chemical Injections. No person shall inject any chemical into a reclaimed water system service connection serving residential property. Other users wishing to use chemical injection into the reclaimed water system shall be required to pay the costs for the city to provide and install an approved cross-connection control assembly on the reclaimed and potable water service connections. 7 .513.2 )' - 93 II , Section 2. Severability It is declared to be the city commission's intent that if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 3, Effective Date. This ordinance shall take effect immediately upon its adoption. PASSED ON FIRST READING AS AMENDED _ February 4, 1993 - PASSED ON SECOND READING AND FINAL READING AND ADOPTED AS AMENDED ATTEST: (F. LF Cyn is E. Goudeau City Clerk Approved as to form and correctness: M.A. Ga rait , l u City Attorney .f . 8 February 18, 1993 Kita barvey Mayor-Commissioner i0