Chapter 751 - WASTEWATER SYSTEM IMPROVEMENT PROGRAM

Sec. 750.103. - JEA Industrial Pretreatment Regulations adopted. Chapter 752 - JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM Chapter 751 - WASTEWATER SYSTEM IMPROVEMENT PROGRAM[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2016-490-E, § 8, amended the Code by renaming Ch. 751.

Sec. 751.101. - Declaration of legislative intent and public policy.

The Council finds and declares that connections to central water and wastewater treatment systems and the elimination of on-site treatment and disposal systems promote the environment and the health, safety and general welfare of the inhabitants of the City and the water quality of the St. Johns River. Due to the high cost of construction of these systems, when centralized wastewater systems are made available connections must be mandatory. It is further declared that areas having the greatest need for services will take priority over other areas for available funding of centralized water and wastewater treatment systems. Priority areas will be determined by the Director of Public Works after consulting with the Director of Duval County Health Department. Centralized water and/or wastewater service will not be provided to the priority areas unless at least 70 percent of the property owners signify their desire for the system by signing a letter of intent which will include access for the construction, connection and maintenance of the system to be installed to serve the priority area property. It is further declared that the costs of constructing wastewater collection lines and water distribution lines to priority areas are to be borne by all taxpayers since the problems are City-wide. Upon notice of availability and within the timeframes established by the Chapter, all property owners will be required to connect to an available wastewater facility and will be charged a monthly service usage charge upon connection or a Readiness to Serve Charge if no timely connection is made. It is further declared that any existing Water and Sewer Enterprise Fund, managed and controlled by JEA, which is being financed by current JEA or City utility customers should not be used to rectify Priority Area problems without reimbursement.

(Ord. 87-485-660, § 1; Ord. 91-992-399, § 1; Ord. 93-138-148, § 56; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.102. - Definitions.

When used in this Chapter, unless the context otherwise clearly indicates a different meaning, the following terms shall have the meaning contained below:

(a)

Available shall have the same meaning as F.S. § 381.0065(2)(a), to mean that the JEA wastewater system is capable of being connected with the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and

(1)

For a residential subdivision lot, a single-family residence, or an establishment, any of which has an estimated wastewater flow of 1,000 gallons per day or less, a gravity wastewater line to maintain gravity flow from the property's drain to the wastewater line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum wastewater collection, exists in a public easement or right-of-way that abuts the property line of the lot, residence, or establishment.

(2)

For an establishment with an estimated wastewater flow exceeding 1,000 gallons per day, a wastewater line, force main, or lift station exists in a public easement or right-of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing rights-of-way or easements.

(3)

For proposed residential subdivisions with more than 50 lots, for proposed commercial subdivisions with more than five lots, and for areas zoned or used for an industrial or manufacturing purpose or its equivalent, a wastewater system exists within one-fourth mile of the development as measured and accessed via existing easements or rights-of-way.

(4)

For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a wastewater system exists within 500 feet of an establishment's wastewater system stub-out as measured and accessed via existing rights-of-way or easements.

(b)

Criteria factors means a prescribed listing of criteria to be applied to the Priority Area List to determine priority of providing service pursuant to Section 751.107.

(c)

VP Water/Wastewater-JEA means the person directing the water and wastewater distribution and collection systems for JEA, or his director, manager, agent or representative.

(d)

EPB means the Environmental Protection Board.

(e)

Priority Area List means the most current list of priority areas pursuant to Section 751.106.

(f)

Sanitary nuisance shall have the meaning given in F.S. § 386.01, and as further defined and interpreted in the criteria factors specified herein.

(g)

Septic tank system has the same meaning as provided in Section 64E-6, Florida Administrative Code.

(h)

Priority Area means a subdivision or neighborhood which scores the highest from evaluation of the criteria factors specified in Section 751.107.

(i)

Wastewater lines means any of the publicly owned regional wastewater system and connections, fittings, collection and pumps including force mains and gravity flow lines.

(j)

Water lines means any part of the publicly owned water system together with all connections, fittings, valves and pipes.

(Ord. 87-485-660, § 1; Ord. 91-992-399, § 1; Ord. 93-138-148, § 57; Ord. 94-903-552, § 61; Ord. 97-229-E, § 28; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.103. - Water/Wastewater System Fund, establishment of.

The previously established Septic Tank Superfund shall be renamed to be known as the Water/Wastewater System Fund (known as the WWS Fund). All WWS Fund monies collected and received from various sources, as specified in Section 751.104, are to be used to provide water and/or wastewater service to Priority Areas.

(Ord. 87-485-660, § 1; Ord. 91-992-399, § 1; Ord. 2000-119-E, § 1; Ord. 2016-490-E, § 8)

Sec. 751.104. - Sources of funding.

The WWS Fund may acquire monies from the Environmental Protection Fund, federal or State grant funds, monies that may be appropriated from revenue bonds, Readiness to Serve Charges collected pursuant to Section 751.111, and any other monies appropriated by Council. All monies from the Readiness to Serve Charges collected pursuant to Section 751.111 shall be deposited into the WWS Fund and used in accordance with Section 751.103.

(Ord. 87-485-660, § 1; Ord. 2016-490-E, § 8)

Sec. 751.105. - Administration of WWS Fund.

The Director of Finance is authorized and directed to make disbursements from the WWS Fund upon the written recommendation of the Director of the Public Works for the sole purpose of providing water or wastewater service to Priority Areas which are presently served or will be served by JEA in priority as determined in accordance with the criteria factors pursuant to Section 751.107.

(Ord. 87-485-660, § 1; Ord. 91-992-399, § 1; Ord. 93-138-148, § 58; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.106. - Priority Area List.

The Director of the Public Works Department shall be responsible for assembling and maintaining a prioritized listing of Priority Areas (Priority Area List) based upon the criteria factors specified herein, after consulting with the Director of the Duval County Health Department. The Priority Area List shall be submitted to City Council for its review as part of the annual budget process. The Priority Area List shall be updated at least annually. The Priority Area List shall be promulgated and shall be made available to the public in the Office of the Director of the Neighborhoods Department.

(Ord. 87-485-660, § 1; Ord. 93-138-148, § 59; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.107. - Criteria factors.

Priority of providing wastewater lines or water lines with the use of WWS Funds to a subdivision or neighborhood shall be determined by Director of the Public Works in consultation with the VP Water/Wastewater-JEA and the Director of the Duval County Health Department, or designee, in accordance with the following criteria factors developed by the Director of the Public Works Department after consulting with the VP Water/Wastewater-JEA and the Director Duval County Health Department, or designee, and the Chief of the Environmental Quality Division. The criteria factors developed shall include:

Health Criteria

1A.

Number of septic tank system repair permits issued in the area.

1B.

Age of septic tank system.

2.

Average lot size in the area.

3.

Soil potential in the area.

4.

Seasonal highwater table in the area.

5.

Threat to potable water in the area.

6.

Sanitary conditions in the area.

7.

Proximity of the area to any surface water body.

8.

Potential for flooding in the area.

Environmental Criteria

9.

Proximity to surface waters (% of lots within a 150M buffer).

10.

Impaired tributary exceedance factor.

Community Considerations

11.

Development prior to 1968.

12.

Median home value.

13.

Existence of centralized water system (partial or lacking).

14.

Elimination of future proliferation of on-site septic systems.

15.

Off-site economic development opportunities.

Priority Areas with the highest overall scores from the application of the Criteria Factors shall be given the highest priority for the provision of water and wastewater service and the use of available WWS Funds. Subdivisions or neighborhoods that achieve a higher score than others, but require funding in excess of available WWS Funds, may be replaced by the next highest scored subdivision or community on the Priority Areas List. The Director of Public Works has the authority to direct the phasing of subdivisions or neighborhoods within the listed Priority Areas without concern of the criterion score to allow for entire systems to be constructed due to efficiencies and economic feasibility.

(Ord. 87-485-660, § 1; Ord. 93-138-148, § 60; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.108. - Provision of wastewater service to Priority Areas.

(a)

When the Director of Public Works, in consultation with the VP Water/Wastewater-JEA and the Director of the Duval County Health Department have ranked the Priority Areas in accordance with Section 751.107 and sufficient WWS Funds are available, the VP Water/Wastewater-JEA shall notify the property owners in the Priority Areas having the highest priority of the eligibility for funding of wastewater infrastructure in their community. When at least 70 percent of the property owners in the Priority Area have agreed to have service provided to their area and each of those property owners has signed a letter of intent and access agreement, the Director of Public Works and the VP Water/Wastewater-JEA shall prepare and implement a plan for providing wastewater lines to the Priority Area or a phase of the Priority Area in accordance with Chapter 122, Part 6. If the highest Priority Area community does not achieve the 70 percent community participation within six months of notice by the City, that Priority Area community will not receive WWS Funds and will not be eligible for WWS Funding as provided in the Chapter and will be required to wait five years to qualify for WWS Funding again, even if the community continues to achieve the highest priority score.

(Ord. 87-485-660, § 1; Ord. 91-992-399, § 1; Ord. 93-138-148, § 61; Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Sec. 751.109. - Variances.

Variances to the procedure for the provision of service to a Priority Areas established by this Chapter may be granted as provided in Section 360.111.

(Ord. 87-485-660, § 1; Ord. 2000-119-E, § 1; Ord. 2000-119-E, § 1; Ord. 2016-490-E, § 8)

Sec. 751.110. - Appeals.

Appeals shall be heard as prescribed in Part 4, Chapter 360.

(Ord. 87-485-660, § 1)

Sec. 751.111. - Mandatory notification.

Requirements for the connections to existing onsite wastewater treatment and disposal systems to central wastewater systems shall be mandatory as provided for in Section 381.00655, Florida Statutes:

(a)

Wastewater system extensions where construction of the wastewater system was completed before October 1, 2016.

(1)

The owner of a septic tank system shall connect, at the owner's expense (excluding WWS Fund funded projects), to a JEA wastewater system wherein construction of the wastewater system was completed before October 1, 2016, within 365 days after written notification by JEA that the system is Available for connection. JEA must notify the owner of the septic tank of the availability of the central wastewater system and that the owner is required to connect to the wastewater system within one year of the notice of availability. For subdivisions or neighborhoods that do not qualify for the use of the WWS funds, the Owner of Record shall be required to pay all connection costs to the available wastewater system. Nothing in this Section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October, 1, 2016.

(2)

Monthly Readiness to Serve Charge. If a property is not connected to an available wastewater system within the noticed period of time pursuant to subsection 751.111(b)(1), a monthly Readiness to Serve Charge shall commence the day following the expiration of the notice period and will be billed to the Owner(s) of Record of the Subject Property. Once the Owner of Record connects the Subject Property, the monthly Readiness to Serve Charge will expire and the Subject Property will begin being billed current JEA rates and charges for the service.

(3)

If the Owner(s) of Record of a septic tank system that properly deferred connection prior to October 1, 2016, has failed and the Duval County Health Department will not issue a permit for repair, the owner must connect to the JEA available publicly owned or investor-owned wastewater system within 90 days after notification, by the Duval County Health Department, that the permit will not be issued.

(4)

The City shall continue to honor any deferrals by Owner(s) of Record that properly documented and recorded a connection deferral prior to October 1, 2016.

(b)

Wastewater system extensions where system construction is completed on or after October 1, 2016.

(1)

Mandatory connections. Property having a septic tank system ("Subject Property") must be connected, at the owner's expense (excluding WWS Fund funded projects), to JEA's wastewater system wherein construction has been completed on or after October 1, 2016 ("central wastewater system") within 365 days after written notification by JEA, as provided in subsection (i) below, that the central wastewater system is available to the Subject Property for connection.

(i)

Notification prior to availability. No less than one year prior to the date the central wastewater system will become Available to the Subject Property, JEA shall notify all owners of the Subject Property at the time of notice as reflected in the Duval County Clerk of Court official records ("Owner(s) of Record") of the anticipated availability of the central wastewater system and shall also inform the Owner(s) of Record that the Subject Property must be connected to the central wastewater system within one year of the actual availability. For purposes of this Chapter, the "Owner(s) of Record" shall always be the Owner(s) of Record at the time of a given notification.

(ii)

Notification upon availability; Recordation. JEA shall notify the Owner(s) of Record of the Subject Property, in writing, at the time the central wastewater system becomes available to the Subject Property for connection, that the Subject Property must be connected to the central wastewater system and that there exists a legally enforceable obligation to connect. A copy of such notification to the Owner(s) of Record shall be recorded by JEA in the Duval County Clerk of the Court official records and shall be subsequently binding upon all future owners of the Subject Property.

(2)

Payment of Connection Charges. For subdivisions or neighborhoods that do not qualify for the use of the WWS funds, the Owner(s) of Record, of the Subject Property, or, in the event of transfer of title to the property, their successors in interest, who are required to connect to the central wastewater system, shall have the option of prepaying the amortized value of the required utility connection charges in equal monthly installments over a period of time determined by JEA, based upon wastewater system costs. Nothing in this Section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October 1, 2016. The City shall use WWS Funds to pay connection charges for connections within qualified and selected Priority Area projects.

(3)

Monthly Readiness to Serve Charge. If a property is not connected to an Available wastewater system within the noticed period of time pursuant to subsection 751.111(b)(1), a monthly Readiness to Serve charge shall commence the day following the expiration of the notice period and will be billed to the Owner(s) of Record of the Subject Property. Once the Owner of Record connects the Subject Property, the monthly Readiness to Serve Charge will expire and the Subject Property will begin being billed current JEA rates and charges for the service.

(Ord. 2000-119-E, § 1; Ord. 2010-307-E, § 1; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Editor's note— Ord. 2016-490-E, § 8, repealed former § 751.111, and renumbered former §§ 751.112 as a new § 751.111. Former § 751.111 pertained to reimbursement of Water and Sewer Enterprise Fund, and derived from Ord. 87-485-660, Ord. 94-903-552, and Ord. 2000-119-E.

Sec. 751.112. - Enforcement.

This Chapter shall be enforced by the Environmental and Compliance Department and Environmental Protection Board pursuant to the provisions of Chapter 360, Part 4 and rules promulgated pursuant thereto.

(Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2016-490-E, § 8)

Editor's note— Ord. 2016-490-E, § 8, renumbered former §§ 751.114 as a new § 751.112. See editor's note, § 751.111.

Sec. 751.113. - Assessment and recovery of civil penalties.

Civil penalties provided for in Section 751.113 may be assessed by the administrative process in Chapter 360, Part 4 and rules promulgated pursuant thereto or, in the alternative, by judicial process in a civil action filed in the name of the City in a court of competent jurisdiction. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit in the WWS Fund established by Section 751.103. An administratively assessed civil penalty under this Section and Chapter 360, Part 4, may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorneys fees and costs, including appellate fees and costs in actions where the City is successful in recovering civil penalties.

(Ord. 2000-119-E, § 1; Ord. 2016-490-E, § 8)

Editor's note— Ord. 2016-490-E, § 8, amended the Code by repealing former § 751.113, and renumbering former § 751.115—756.117 as new § 751.113—751.115. Former § 751.113 pertained to penalties, and derived from Ord. 2000-119-E.

Sec. 751.114. - Other relief.

In addition to any penalties assessed and collected under this Chapter, the City, through the Office of General Counsel, may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce this Chapter or administrative orders issued pursuant to this Chapter and Chapter 360, Part 4 which may include, but not be limited to, the City's ability to lien the Subject Properties that do not pay the Readiness to Serve Charge as provided for in this Chapter.

(Ord. 2000-119-E, § 1; Ord. 2016-490-E, § 8)

Note— Former § 751.116. See editor's note, § 751.113.

Sec. 751.115. - Interpretation.

Whenever the titles "Director of Public Works," "Director of Duval County Health Department," or "VP Water/Wastewater-JEA" as the person directing the water and wastewater distribution systems for JEA, are used in this Chapter, those titles include the deputies, division chiefs, agents, representatives or designees of each respective director.

(Ord. 2000-119-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2016-490-E, § 8)

Note— Former § 751.117. See editor's note, § 751.113.

Sec. 750.103. - JEA Industrial Pretreatment Regulations adopted. Chapter 752 - JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM