Chapter 752 - JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM

Sec. 751.115. - Interpretation. Chapter 754 - STORMWATER MANAGEMENT UTILITY CODE Chapter 752 - JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM

Sec. 752.100. - Short title.

This Chapter shall be known and may be cited as the Jacksonville Reuse of Reclaimed Water Program.

(Ord. 2006-395-E, § 1)

Sec. 752.101. - Purpose and declaration of public policy.

The purpose of this Chapter is to encourage and support the expansion of reclaimed water systems throughout Duval County; to encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications; to curtail the discharge of treated effluent from wastewater treatment plants to surface waters, such as the St. Johns River; and to protect the health and safety of the community and users of the potable water system by promoting proper use and operation of a reclaimed water system.

The Council declares as a matter of public policy that encouraging and promoting water conservation and the reuse of reclaimed water are local objectives and are considered to be in the public interest. This Chapter furthers the City's comprehensive planning objective of requiring the reuse of reclaimed water in priority water resource caution areas where it is economically feasible to do so.

(Ord. 2006-395-E, § 1)

Sec. 752.102. - Jurisdiction.

This Chapter applies within the General Service District, and not to the Second, Third, Fourth and Fifth Urban Service Districts.

(Ord. 2006-395-E, § 1; Ord. 2009-360-E, § 2)

Sec. 752.103. - Definitions.

The following words and phrases, when used in this Chapter, shall have the meanings ascribed to there as follows:

Applicant shall mean a potential customer or developer or an authorized agent of a potential customer or developer.

Customer shall mean the actual user of reclaimed water.

Developer has the meaning provided in s. 655.105(l), Ord. Code.

Development orders has the meaning provided in s. 655.105(m), Ord. Code.

ERC means equivalent residential connection, that is, 350 gallons per day.

Potable water shall mean any water that, according to applicable standards, is safe for human consumption.

Reclaimed water shall have the meaning provided in Rule 62-610.200(46), Fla. Admin. Code.

Reclaimed water distribution system shall mean facilities consisting of distribution mains, valves and appurtenances used to distribute reclaimed water to customers.

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

(Ord. 2006-395-E, § 1)

Sec. 752.104. - Connection required.

(a)

Where reclaimed water service is available, the owner of every lot or parcel of land within Duval County developed for residential, public, commercial office, industrial, warehousing or multifamily use shall connect the premises or cause the premises to be connected with the reclaimed water distribution system. The reclaimed water distribution system is deemed available to the owner, tenant or occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place containing such system; and, where the distance from the reclaimed water distribution system and the property line is less than or equal to the distances set out in Table 1, below. Once connected to the reclaimed water distribution system, the use of potable water for the onsite irrigation system, or for commercial or industrial purposes where potable quality water is unnecessary, is prohibited unless the reclaimed water supply becomes unavailable or is inadequate, or unless otherwise authorized by the St. Johns River Water Management District pursuant to Part II of Chapter 373, Fla. Stat.

Table 1.

EXPAND Irrigation Demand Development (gallons per day) Max. Distance from the Development Property Line to the Reclaimed Water Facility (feet) <25,000 150 25,000—50,000 300 50,100—100,000 600 >100,000 1,350

(b)

Reclaimed water use shall be a condition of all development orders granted on or after the effective date of this Chapter, provided that service is available as set forth in this Section.

(1)

Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one inch per week for the irrigable area of the property. The irrigation rate equals 3,900 gallons per day per acre of irrigable area.

(2)

For new development of regional impact projects, reclaimed water shall be considered available if the reclaimed water facilities are located within a reclaimed water service area as delineated in the reclaimed water service provider's wastewater treatment permit issued by the Florida Department of Environmental Protection, and if adequate capacity exists in the reclaimed water facilities to service the development, as determined by the reclaimed water service provider.

(3)

For all other proposed development projects, reclaimed water service shall be considered available if the reclaimed water facilities are located at a distance specified in Table 2, below, at the time water and wastewater service becomes available, and if adequate capacity exists in the reclaimed water facilities to service the applicant's property, as determined by the reclaimed water service provider.

Table 2

EXPAND Gallons per day ERC Max. Distance from the Development Property Line to the Reclaimed Water Facility In Feet <25,000 71 250 25,000—50,000 72—142 500 50,001—100,000 143—286 1,000 100,001—175,000 287—500 2,000 >175,000 >500 4,000

(4)

The distances in Table 1 and 2 shall be measured along a road right-of-way or an accessible utility easement accommodating public utilities.

(5)

In new developments where reclaimed water is available, the use of potable water or on-site wells for irrigation is prohibited unless otherwise authorized by the St. Johns River Water Management District pursuant to F.S. Ch. 373, Pt. II.

(6)

Notwithstanding the above availability requirements, officially designated affordable housing developments approved by the City are exempt from complying with this article; however, such exempt developments are encouraged to use reclaimed water, if available.

(7)

Existing developments desiring reclaimed water shall be responsible for designing, permitting and constructing the required reclaimed water facilities at their expense, unless the reclaimed water provider otherwise agrees. Reclaimed water service to such developments shall be subject to the existence of adequate capacity in the reclaimed water provider's facilities, as determined by the provider.

(Ord. 2006-395-E, § 1)

Sec. 752.105. - Rates and charges.

Unless the reclaimed water provider determines that free service is appropriate as the primary and most cost effective effluent disposal method, no free reclaimed water service shall be furnished or rendered to a person or to the City, State or a public agency or instrumentality. The reclaimed water provider shall establish appropriate fees and charges, including connection fees, that it will charge for the use of reclaimed water. Such fees may include a tap fee and a fee for installing a backflow prevention device on each potable water service. A meter fee may be charged for metered connections.

(Ord. 2006-395-E, § 1)

Sec. 752.106. - Design and construction of new reclaimed water facilities.

(a)

All reclaimed water facilities shall be designed and constructed according to applicable State and Duval County policies, standards and specifications including, but not limited to reclaimed water provider's standards and specifications.

(b)

Unless otherwise provided by the reclaimed water provider:

(1)

The applicant shall design, permit and construct, at the applicant's expense, the off-site reclaimed water mains, valves and accessories necessary to extend the provider's reclaimed water service to the development according to the criteria in Tables 1 and 2; and,

(2)

The applicant shall design, permit and construct at the applicant's expense, the reclaimed water distribution system to provide reclaimed water service to individual customers within the development.

(c)

The foregoing shall not be construed as preventing any special agreement or arrangement between reclaimed water provider and any user, subject to special payment; provided, however that at no time would the provider be in violation of any State or federal laws or requirements.

(Ord. 2006-395-E, § 1)

Sec. 752.107. - Use of reclaimed water.

(a)

All uses of reclaimed water shall be in accordance with applicable rules of the Florida Department of Environmental Protection and other regulatory agencies having jurisdiction.

(b)

Unless the reclaimed water provider otherwise agrees, each customer shall be solely responsible for maintaining the customer's reclaimed water system in good working condition. A customer's failure to maintain the reclaimed water system in good working condition shall be grounds for enforcement including discontinuance of reclaimed water and potable water service to the customer's premises until the reclaimed water system is restored to good working condition.

(c)

Cross connections between reclaimed water facilities and potable water facilities are prohibited. The presence of a cross connection on a customer's property shall constitute a violation of this Chapter and shall be grounds for immediate discontinuance of either the potable or reclaimed water service to the customer's premises.

(d)

Reclaimed water providers shall monitor reclaimed water connections on their systems so as not to exceed the capacity of the system. While it is the intent of the Council that utilities and industries that produce reclaimed water shall maximize the reuse of reclaimed water, Council recognizes that, at times, it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any provision of this Chapter, neither the City nor any provider of reclaimed water makes any representation about the continuing availability or implementation of reclaimed water service within Duval County. Furthermore, nothing in this Chapter shall be constructed to create a debt or general obligation of either the City or any reclaimed water provider, or a pledge of the full faith and credit or taxing power of the City or the rate setting authority of any utility.

(Ord. 2006-395-E, § 1)

Sec. 752.108. - Prohibition against unauthorized work on reclaimed water facilities.

Unless expressly authorized in writing by the reclaimed water system owner, no individual or organization shall tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering with or working on a reclaimed water facility includes, 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 to the system. In addition to any penalties, the offending person shall be liable for the cost of all charges attributable to correcting such tampering, including attorney's fees.

(Ord. 2006-395-E, § 1)

Sec. 752.109. - Inspections.

To ascertain and ensure compliance with the provisions of this Chapter and related regulations, the reclaimed water provider, the Environmental Quality Division, the Duval County Health Department, and the Florida Department of Environmental Protection may inspect, secure and/or disconnect any and all devices wherever located that connect to or control any discharge from reclaimed water facilities. Inspections may be made by authorized personnel at such times and with such frequency as their sponsor agencies deem necessary.

(Ord. 2006-395-E, § 1)

Sec. 752.110. - Ownership.

All reclaimed water distribution systems and facilities constructed by an applicant in public easements or rights-of-way shall be conveyed to the reclaimed water provider for operations and maintenance according to existing City and reclaimed water provider policies for acceptance of water and wastewater facilities. If the reclaimed water distribution systems and facilities have to be conveyed to other agencies authorized by law to distribute reclaimed water, then the conveyance shall be in accordance with existing policies of such agencies for acceptance of water and wastewater facilities.

(Ord. 2006-395-E, § 1)

Sec. 752.111. - Discontinuance of service.

Each reclaimed water provider shall establish service rules describing the grounds for discontinuing reclaimed water service to customers. Such rules shall state that violations of this Chapter are among the grounds for discontinuing service. Any interruption in service shall continue until such time as deemed appropriate by the reclaimed water provider for resuming service to the customer's property.

(Ord. 2006-395-E, § 1)

Sec. 752.112. - Annual notification by utilities providing reclaimed water.

Utilities providing reclaimed water shall annually notify their reclaimed water customers that they are receiving such service.

(Ord. 2006-395-E, § 1)

Sec. 752.113. - Penalties.

A violation of this Chapter shall be a Class D offense. Additionally this Chapter may be enforced by whatever remedies in law or in equity are available, which remedies shall include without limitation injunctive relief and/or processing violations through the code enforcement process.

(Ord. 2006-395-E, § 1)

Sec. 752.114. - Appeals of availability determinations.

Applicants aggrieved by determinations of reclaimed water availability may appeal such decisions as provided in the reclaimed water provider's service agreement, rules, or otherwise as provided by law. If upon appeal to reclaimed water provider the applicant is dissatisfied with the decision, further appeal may be had to the Circuit Court under common law certiorari.

(Ord. 2006-395-E, § 1)

Sec. 752.115. - Relationship to other laws.

No part of this Chapter shall be construed in a manner that conflicts with the exclusive authority of the Florida Department of Environmental Protection and the St. Johns River Water Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt. II. The use of reclaimed water from the reclaimed water distribution system shall not be required where the use of a lower quality source or a different source of reclaimed water is authorized in a consumptive use permit granted by the St. Johns River Water Management District.

(Ord. 2006-395-E, § 1)

Sec. 751.115. - Interpretation. Chapter 754 - STORMWATER MANAGEMENT UTILITY CODE