Chapter 32 - REGULATION OF RECLAIMED WATER USE

Sec. 31A.26. - Penalties. Chapter 33 - ALCOHOLIC BEVERAGES Chapter 32 - REGULATION OF RECLAIMED WATER USE[1]

Footnotes: --- (1) ---

Editor's note— Prior to the reenactment of ch. 32 by an ordinance adopted May 6, 2002, Doc. #020506702, ch. 32, "Insurance and Insurance Agents," was repealed in its entirety by the city council on April 5, 1982, Doc. #16901.

Sec. 32.1. - General Provisions.

1.

Purpose and Intent.

(a)

The City has deemed the use of reclaimed water for specific purposes is necessary to conserve the limited potable water supplies and other natural water sources, to enhance the local environment, and is in the best interest of its citizens and customers. This Chapter sets forth uniform requirements for users of the publicly owned reclaimed water system in order for the City to comply with all applicable state and federal laws.

(b)

The purpose of this Chapter is to provide guidelines for the delivery and use of reclaimed water, including service connections, backflow prevention and cross-connection control programs, in order to protect the health and safety of citizens in Central Florida.

(c)

The objectives of this Chapter are:

(1)

To encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications, such as irrigation;

(2)

To protect both the public potable water supply and the public reclaimed water supply from possible contamination at the point of the user's service connection to these water systems due to backflow or back-siphonage;

(3)

To establish the minimum requirements for users of the reclaimed water system and the various related programs to achieve compliance with all state and federal laws; and

(4)

To protect the health and safety of the community and users of the potable water system by promoting proper use and operation of the reclaimed water system.

2.

Authority.

(a)

The City has the primary responsibility for the prevention of contaminants/substances from entering the public potable water system from unapproved sources as provided in the Federal Safe Drinking Water Act of 1974 and subsequent amendments; the Florida Safe Drinking Water Act (F.S. 403.850 et seq.); and the requirements set forth by the Florida Department of Environmental Protection in Chapter 62-555, F.A.C. and Chapter 62-610, F.A.C.

(b)

The City is responsible for maintaining the integrity of the reclaimed water system and enforcement of the regulations and requirements set forth by the Florida Department of Environmental Protection in Chapter 62-610, F.A.C.

3.

Administration.

(a)

Except as otherwise provided herein, the Director of Public Works and the Director of Permitting Services, or their designee, shall administer, implement and enforce the provisions of this Chapter. Any powers granted to, or duties that are imposed upon the designated directors, may be delegated to other City personnel or designees.

(b)

The City Council may designate the Orlando Utilities Commission, or other contract operator, to administer the reclaimed water program, in whole or in part.

(c)

No statement in this Chapter shall be construed as preventing any special agreement or arrangement between the City and any user, subject to special payment; provided, however, that at no time would the City violate any State and Federal laws or requirements.

(d)

Contrary to any provision or section of this Chapter notwithstanding, the City reserves the absolute right to deny or condition new service connections to the reclaimed water system; or to modify the operating and maintenance requirements for existing service connections where such requirements or conditions may no longer be in the best interests of the City or the general public, or may cause the City to violate any applicable State and Federal law.

4.

Applicability.

(a)

This Chapter shall apply to all users of the City's reclaimed water system, and all applicants for service connections to the City's reclaimed water system.

(b)

This Chapter shall provide for monitoring, compliance and enforcement activities, establish administrative procedures, set fees for users and service connections for the equitable distribution of costs for the reclaimed water system, and delineate minimum design criteria and operation and maintenance requirements.

5.

Abbreviations.

(a)

The abbreviations, when used in this Chapter, shall have the following designated meanings: EXPAND (1) AWWA American Water Works Association (2) CFR Code of Federal Regulations (3) EPA U.S. Environmental Protection Agency (4) F.A.C. Florida Administrative Code (5) FDEP Florida Department of Environmental Protection (6) FDH Florida Department of Health (7) F.S. Florida Statutes (8) gpd gallons per day (9) mg/l milligrams per liter (10) MGD million gallons per day (11) NOV Notice of Violation (12) OUC Orlando Utilities Commission (13) PSI Pounds Per Square Inch (14) PVC Polyvinyl Chloride (15) USC United States Code (16) WEF Water Environment Federation (17) WRF Water Reclamation Facility

(b)

Abbreviations not otherwise defined herein shall be adopted by reference as defined in the current edition of Title 40 of the Code of Federal Regulations, Chapter 62 of the Florida Administrative Code, applicable building codes, and the technical manuals published by the American Water Works Association, the Water Environment Federation, the American Society of Testing Materials, U.S. Environmental Protection Agency and the Florida Department of Environmental Protection.

6.

Definitions.

(a)

Unless the context indicates otherwise, the following words, terms and phrases, as used in this Chapter, shall have the following meanings.

(1)

Administrative Action. An enforcement action, allowed by the City's legal authority, which is taken without the involvement of a court.

(2)

Air Gap. An unobstructed, vertical, physical separation through the free atmosphere sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. It is physically defined as a distance equal to twice the diameter of the supply side pipe diameter, but never less than one (1) inch.

(3)

Applicant. An owner, or authorized representative of the owner, of any land requesting reclaimed water service.

(4)

Application Rate. The amount or rate of use for reclaimed water, measured in inches per week, based upon the prevailing soil and hydrogeological conditions for a specific parcel, site or location.

(5)

Atmospheric Vacuum Breaker. An assembly which prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in the water system. The assembly is designed for use without static line pressure and consists of a float check, check seat and air inlet port. A shut off valve immediately upstream may be an integral part of the assembly.

(6)

Authorized or Responsible Representative of the User.

(i)

The president, secretary, treasurer, or a vice-president of the corporation in charge of the principal business function, or any other person who performs similar policy or decision-making functions for the corporation, company or entity; or

(ii)

If the user is a partnership or sole proprietorship, the authorized representative shall be a general partner or proprietor, respectively.

(iii)

If the user is a Federal, State, or local governmental facility, the authorized representative shall be a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(iv)

The individuals described in paragraphs (i) through (iii), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility using reclaimed water or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director of Public Works.

(7)

Availability. Availability shall mean that a reclaimed water distribution main is contiguous to or within 100 feet of a residential property line, or within 1,000 feet of a nonresidential property line or development, or areas where the City or the developer plans to install the distribution system in the near future. The existence of a reclaimed water system main in the service area does not guarantee service to any parcel or property owner. Service is subject to review and approval by the Director of Public Works and shall be based upon the best interests of the City and the general public.

(8)

Backflow. The unintentional flow of water or other liquids, mixture or substances, under positive or reduced pressure from any source, into the distribution pipes of a potable water or reclaimed water supply.

(9)

Backflow Prevention Device or Preventor. An approved device that allows water to pass through in only one direction.

(10)

Back-Pressure. A condition in which a customer's system pressure is greater than the supply pressure in the public potable or reclaimed water supply system.

(11)

Back-Siphonage. The flow of water or other liquids, mixtures or substances into the supply system from any source due to the sudden reduction of pressure in the potable water or reclaimed water supply system.

(12)

Billing. The charge or cost for reclaimed water service. The charge may be made by separate invoice or in conjunction with other assessments made by the City, or its designated representative, on the monthly utility bill.

(13)

Certification. Assurances from the owner, user or licensed professional that attest to the proper design, construction, operation and maintenance of the reclaimed water system, and compliance with all applicable requirements or regulations.

(14)

City. The City of Orlando, Florida, a municipal corporation, or where appropriate, the term may also be used as a designation for any duly authorized official or employee of the City. The City is the permitted owner of the public reclaimed water system.

(15)

City Council. The City Council of the City of Orlando, Florida.

(16)

Commercial Property. A parcel of land that is zoned for nonresidential uses in the retail or wholesale trade, or where the owner currently is engaged in business activities for profit.

(17)

Common Reclaimed Water Service Line. A main or lateral that provides reclaimed water to a development, subdivision or neighborhood as defined in the City Code; and which is shared jointly by individual parcels or users within said areas.

(18)

Compliance Order. An administrative order directing a noncompliant user to achieve or to restore compliance by a date specified in the order.

(19)

Compliance Schedule. A schedule of required remedial activities (also called milestones) necessary for a user to achieve compliance with all reuse program requirements. A compliance schedule may be set forth in a permit, consent order or other enforcement documents.

(20)

Connection Fee. The charge or fee assessed by the City, or its designated representative, to cover the costs of connecting the customer (user) to the reclaimed water system.

(21)

Cross Connection. Any type of physical arrangement or joining or linking of conduits that allows, directly or indirectly, a potential transfer of water or other fluids between the reclaimed water system and the potable water, sanitary or other fluid conveyance system.

(22)

Cross Connection Control Program. A program designed to prevent cross connections and to preserve the integrity of both the potable water and reclaimed water systems.

(23)

Customer. The actual user of the reclaimed water; that is, any person, firm, corporation, governmental or private entity, or property receiving or using reclaimed water from the City's reuse (reclaimed water) system and whose name appears on the monthly utility statement. Refer to user.

(24)

Customer's Potable or Reclaimed Water System. The potable or reclaimed water system and facilities beyond the point of delivery, which conveys potable or reclaimed water from the supply source to the customer's point of use.

(25)

Department of Public Works. The Department of Public Works of the City.

(26)

Developer. An owner, or agent of the owner, in the process of the commercial utilization of any land, including subdivisions, who shall have the legal right to negotiate for municipal sewer and reclaimed water service.

(27)

Director of Permitting Services. The City's administrative official in charge of the Office of Permitting Services or his designee, authorized deputy, agent, or representative.

(28)

Director of Public Works. The City's administrative official in charge of the Public Works Department, including all of its Bureaus, or his designee, authorized deputy, agent, representative, or third party or contract operator.

(29)

Disconnection of Service. An interruption of service from the reclaimed water system, either at the request of the customer or at the direction of the Director of Public Works. Interruption of service shall be accomplished by closing the curb stop control valve and/or a physical break or separation between the service line and the system belonging to or being used by the customer.

(30)

Distribution Mains. The pipes that supply potable or reclaimed water from the transmission lines to the service lines.

(31)

Domestic Consumption. The use of potable water for personal use within a residence. Personal uses can be described generally as those that are in direct contact with human needs. Uses can be, but are not limited to, the following: bathing, drinking, cooking and cleaning.

(32)

Double Check Valve Assembly. An assembly of two (2) independently operating, internally loaded check valves, either spring loaded or internally weighted, with tightly closing, resilient seated shut-off valves on each side of the check valves, plus properly located resilient seated test cocks for testing of each check valve.

(33)

Dual Check. An assembly with two (2) spring actuated, independently operating check valves, which may be fitted with shut-off valves and test cocks. This device is generally employed immediately downstream of the water meter to act as a containment device.

(34)

Dual Distribution System. A two component water distribution system designed to serve an area. One component delivers potable water. The other component delivers reclaimed water for non-potable uses. The two components parallel each other and serve the same property or parcels. No interconnections shall exist between the two distribution systems, and the integrity of each component shall be carefully monitored.

(35)

Dwelling (unit), Multiple. A building designed and used exclusively as a domicile (residence) for two (2) or more families.

(36)

Dwelling (unit), Single Family. A detached building designed and used exclusively as a domicile (residence) by one family. Also designated as "unit".

(37)

Fire Protection System. A system of piping and appurtenances designed for and in compliance with fire protection standards. The installation may include one or more supply points and may use reclaimed water as a supply source.

(38)

Groundwater. Water below the land surface in the zone of saturation where water is at or above atmospheric pressure.

(39)

Health Hazard. An actual or potential threat of contamination to the public or customer's potable water system to such a degree that a danger to health exists.

(40)

Hose Bib Vacuum Breaker. A device which is permanently attached to a hose bib and acts as an atmospheric vacuum breaker.

(41)

Industrial Facility(ties). A commercial/industrial development or activity that manufactures a product, provides a service, or stores, handles, processes or distributes goods and services.

(42)

Inspection. Cross-connection control assessment and evaluation of all fixtures and conduits that are connected to the customer's reclaimed water system within the property and any structure(s).

(43)

Irrigation System for Reclaimed Water. An underground system with permanently placed sprinkler devices, or hose bibs contained in locked valve boxes with appropriate signage. Also, the Director of Public Works or designee may approve any conventional system that is typically employed for a particular type of agricultural application, or any other system necessary for a nonresidential application.

(44)

Meter. A device used for measurement of the volume of reclaimed water that is used, consumed or delivered to an individual customer or group of customers within a specific area.

(45)

Municipal. Publicly owned facilities. Refer to City of Orlando.

(46)

Nonpotable Water. All water, other than potable water, including reclaimed water.

(47)

Notice of Violation. A document from the City notifying a user that it has violated reuse requirements. Generally used when the violation is relatively minor and the violation is expected to be corrected within a short period of time.

(48)

Office of Permitting Services. The office in the City that issues permits to users for construction or installation of reclaimed water systems; and is responsible for inspections of said facilities for general compliance with applicable regulations, building codes, engineering or technical standards and the construction documents.

(49)

Orlando Utilities Commission (OUC). A municipal utility owned by the City and authorized in 1923 by the state legislature to provide electrical power and potable water service. OUC may establish rates for such services with approval of the City Council; and may be designated as the third party operator for the City's reclaimed water distribution system.

(50)

Parcel. A lot, premises or property that is recorded in a plat book or the public records, or described by deed on file in an Official Records Book, and is assessed by the Lake, Orange or Seminole County Property Appraiser's Office for real estate tax purposes.

(51)

Permit. A document issued by FDEP to the City in accordance with Chapter 62-610, F.A.C., for the construction and operation of a reuse facility/utility. Conditions in the FDEP permits include the requirements for backflow prevention devices, location and maintenance standards, cross connection control program and operation of the reclaimed water system. Also, a document issued by the City's Office of Permitting Services to property owners or users which authorizes them to connect to the City's reclaimed water system.

(52)

Permittee. The person or entity which has been issued a permit by the City for connection to, or construction of, the reclaimed water system. The term "permittee" shall be functionally synonymous with the terms "owner". The term shall extend to a permit "applicant" for purposes to the extent that this Chapter imposes duties with respect to the construction, operation, maintenance, or monitoring of reuse facilities or service connections, and for reporting to or securing permits from the City. Ultimate responsibility lies with the owner of the property. Nevertheless, the City Code creates joint and severable liability for those responsible for violations.

(53)

Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes Federal, State, and local governmental entities.

(54)

Point of Delivery. The terminal end of service for the public potable or reclaimed water system, generally construed as the discharge side of the service meter or the user's property line. The City shall relinquish any responsibility, liability, jurisdiction and sanitary control over the potable or reclaimed water at the point of delivery to the property owner or user.

(55)

Potable Water. Water from any source which has been approved for human consumption by the Florida Department of Health or the Florida Department of Environmental Protection.

(56)

Potable or Public Water Supply Well. A well constructed for the purpose of supplying potable water to a public water system as defined in Chapter 62-550.200, F.A.C. or in Chapter 64E-8, F.A.C.

(57)

Potable Water Service Connection. The terminal end of the public potable water system where the water supplier relinquishes jurisdiction and sanitary control to the customer or user. The potable water service connection shall be considered the point of delivery for the customer's water system and shall be the downstream end of the service meter.

(58)

Pressure Reducing Valve. A valve designed to reduce the system pressure to a preset downstream value, regardless of the system demand or flows, to relieve stress on the system components downstream of the valve.

(59)

Pressure Relief Valve. A valve designed to automatically open when the pressure exceeds a preset value in the system in order to relieve stress in the potable or reclaimed water system, or a closed component connected to said system(s).

(60)

Pressure Sustaining Valve. A valve designed to accurately maintain a constant, preset upstream pressure, regardless of variable potential or system demand.

(61)

Pressure Vacuum Breaker. An assembly consisting of one (1) or two (2) independently operating, internally loaded check valves and an independently operating loaded air inlet valve on the discharge side of the check valve with a tightly closing resilient seated shut-off valve on each end of the assembly and properly located test cocks for testing each check valve.

(62)

Property Owner. The title holder of record for the premises or parcel of land that is to be served or proposed to be served with a municipal reclaimed water service.

(63)

Public Access Area. An area that is intended to be accessible to the general public, such as golf courses, cemeteries, parks, landscape areas, hotels, motels, and highway medians. Public access areas include private property that is not open to the public at large, but is intended for frequent use by many persons. Public access areas also include residential dwellings. Presence of authorized farm personnel or authorized treatment plant, utilities system, or reuse system personnel does not constitute public access.

(64)

Pump Station or Booster Pump Station. A structure housing pumps and their appurtenances which conveys reclaimed water or boosts the operating pressure in the distribution system.

(65)

Rates. Charges set by the City to recover all or a portion of the costs of construction, operation and maintenance of the reclaimed water system.

(66)

Reclaimed Water. The highly treated effluent from the City's WRFs, which complies with the requirements established by FDEP in Chapter 62-610, F.A.C. and is used for beneficial purposes.

(67)

Reclaimed Water Distribution System. A network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more WRFs to one or more users of reclaimed water terminating at the customer's reclaimed water connection or meter.

(68)

Reclaimed Water Pipe. A structure or device used to convey, distribute and deliver reclaimed water.

(69)

Reclaimed Water Purveyor. The operator of the reclaimed water system. City of Orlando, or a third party operator as designated by the City Council, shall be the purveyor of the reclaimed water supply.

(70)

Reclaimed Water Service Connection. The point where the City's reclaimed water distribution system is connected to the property owner's or user's reclaimed water system, generally at the property line or the outlet of the reclaimed water meter.

(71)

Reclaimed Water Standards Manual. The manual adopted by the City Council which sets forth the requirements and the standards for construction or installation of the property owner's or user's reclaimed water or irrigation system, including all equipment, components and appurtenances, and the connection to the City's reclaimed water distribution system.

(72)

Reduced Pressure Backflow Preventor. An assembly consisting of two (2) independently operating, approved check valves together with an automatic hydraulic operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. Tightly closing resilient seated shut-off valves are installed on each side of the check valves with properly located test cocks for the testing of the check valves and the relief valve.

(73)

Residential Property. Land limited by zoning classifications for construction of housing or dwelling units.

(74)

Restricted Access. Where access to the reuse site by the general public is controlled and that access to the reuse site by the public is infrequent. Such sites will be accessible only to authorized operators and designated personnel.

(75)

Reuse. The deliberate application of reclaimed water, in compliance with FDEP and City regulations, for a beneficial purpose.

(76)

Reuse Authority. A utility, municipality, cooperative, authority, or other entity which obtains reclaimed water from two or more utilities, municipalities, or other entities and develops and operates a reclaimed water distribution system for the distribution of reclaimed water to one or more users of reclaimed water.

(77)

Service Area. The area of land that is, or will be, served by the reclaimed water system.

(78)

Service Charge. The rate or fee assessed by the City, or designee, for rendering a specific service.

(79)

Service Line. The pipe that connects the distribution line to the customer's system for the delivery of potable or reclaimed water.

(80)

Service Meter. A device for the measurement of potable or reclaimed water delivered to a customer's system for use that may be used for billing purposes.

(81)

Shall is mandatory. May is permissive or discretionary.

(82)

Significant Violation. A violation of this Ordinance which, in the opinion of the City, remains uncorrected for thirty (30) days after notification of noncompliance, or which is part of a pattern of noncompliance, or, which involves failure to accurately report noncompliance, or, which resulted or results in the City exercising its emergency authority under this or any related Chapter of the City Code.

(83)

Standard Methods for the Examination of Water and Wastewater (Standard Methods), current edition. Reference of analytical protocols and sample collection procedures as published jointly by the American Public Health Association, Water Environment Federation, and American Water Works Association.

(84)

Standard Plumbing Code. The Standard Plumbing Code as published by the Southern Building Code Congress International, Inc., latest edition, and adopted by reference by the City.

(85)

State. State of Florida.

(86)

Subsurface Application System. A network of small diameter, porous or perforated pipes installed horizontally at depth generally less than twelve (12) inches for the purpose of releasing reclaimed water at or near the root zone of the vegetated cover. The release of reclaimed water is below the ground surface.

(87)

Third Party or Contract Operator. An entity or system operator other than the City that has been designated and approved by the City Council to provide services, such as to distribute reclaimed water to the general public, to operate and maintain the reclaimed water distribution system and to collect payment from users for the service.

(88)

Transmission Lines. The pipes used to convey reclaimed water from the WRF to the distribution mains.

(89)

Unrestricted Access. Access to the reuse site by the general public is uncontrolled or that the site is frequently used by humans. An area having unrestricted access is a "public access area" as defined in Rule 62-610.200(44), F.A.C.

(90)

User. An individual, corporation, governmental or private entity, business, or other establishment that receives and uses, or has contracted to receive and use, reclaimed water from the public reclaimed water distribution system, and who shall be assessed a fee by the City, or designee, for such service. Refer to customer.

(91)

Valve. A device that is installed to manually or automatically control the amount and direction of flow.

(92)

Valve or Meter Box. A concrete, metal or PVC box and cover that is set over the service meter or shut-off valve for access and to protect the appurtenance.

(93)

Water Purveyor. The owner and operator of the public potable water supply, such as OUC or Orange County Utilities.

(94)

Water Quality Standards. The numerical and narrative criteria to define the quality of the reclaimed water.

(95)

Water Reclamation Facility (WRF). That portion of the publicly owned wastewater system, which is designed to provide treatment of domestic and industrial wastes and to produce reclaimed water for reuse.

(96)

Water Service Connection. The point of connection between the public potable water distribution system and the property owner's or user's potable water system. Generally, the connection is considered to be the outlet end of the service meter beyond the point of delivery for the user's system.

(97)

Water Service Installation. The establishment of a new point of delivery, reuse of an existing point of delivery for a new or different customer, or the modification of an existing point of delivery from the potable water system for any customer or user.

Terms not otherwise defined herein shall be adopted by reference as defined in the current edition of Title 40 of the Code of Federal Regulations, Chapter 62 of the Florida Administrative Code, technical manuals of practice published by ASTM, AWWA and WEF; applicable building codes; and Guidance Manuals published by EPA and FDEP.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.2. - Responsibilities.

1.

City of Orlando.

(a)

The City's responsibility for the reclaimed water system shall begin at the WRF and shall end at the point of delivery to the user's reclaimed water system.

(b)

The Director of Public Works shall be responsible for implementation, operation and maintenance of the reclaimed water systems which have been constructed by the City, or those facilities dedicated by the developer or property owner to the City and accepted by the City for said use.

(c)

The Director of Public Works shall approve the design and installation of the reclaimed water system, including, but not limited to, the size, route, materials of construction, type of backflow prevention and size of the transmission and distribution systems.

(d)

The Director of Public Works shall operate and administer the cross-connection control program for the reclaimed water system in accordance with the guidelines set forth by FDEP in Chapter 62-555, F.A.C. and Chapter 62-610, F.A.C.

(e)

The Director of Public Works shall establish the guidelines and requirements for service connections, backflow prevention assemblies, the cross-connection control program, facility inspections and testing of facilities.

(f)

The City shall execute Agreements for the Delivery and Use of Reclaimed Water with nonresidential users and multi-family customers, which consume more than an average of 25,000 gallons per day in any consecutive thirty (30) day period.

(g)

The Director of Public Works shall conduct regularly scheduled compliance inspections of backflow prevention assemblies and reclaimed water systems for cross-connections. The City may designate OUC, or other third party operator, as the agency responsible for inspection of the user's backflow prevention assembly.

(h)

The City shall maintain reclaimed water service meters and shall establish procedures to calibrate the service meters.

(i)

The City shall provide and review applications for reclaimed water service.

(j)

The Director of Public Works shall be responsible for the following activities that are associated with extension of the reclaimed water system:

(1)

Establish priorities for extending reclaimed water service;

(2)

Evaluate the technical and economic feasibility of extending the water reuse system or providing service to a user;

(3)

Establish reclaimed water or reuse service areas and boundaries;

(4)

Prepare preliminary capital, operating and maintenance cost projections for the reclaimed water system; and

(5)

Evaluate and recommend a rate or fee structure for the reclaimed water service.

2.

User or Property Owner.

(a)

The property owner's or user's responsibility starts at the point of delivery and includes the property owner's or user's entire reclaimed water system.

(b)

The property owner or user shall comply with the provisions of this Chapter and other applicable requirements for reclaimed water use as set forth by state and federal regulatory authorities with competent jurisdiction.

(c)

No person shall connect to, operate, maintain or allow to remain any connection to the potable water system, for any purpose, on the City's side of the backflow prevention assembly. No such connections shall be permitted without the prior written approval from the Director of Public Works. Such an installation shall require an additional backflow prevention assembly and shall be approved by the Director of Public Works prior to installation.

(d)

The property owner or user shall protect the user's private reclaimed water system against actual or potential cross-connection, backflow or back-siphonage, as required by the Standard Plumbing Code, this Chapter, and other applicable state and federal regulations. The property owner or user shall be responsible for the elimination of all cross-connections on the user's premises.

(e)

Upon written notification from the Director of Public Works, the property owner or user shall obtain a permit for installation of the mandatory backflow prevention device for the new or existing potable water service connection. The property owner or user shall be responsible for the costs for the installation of the backflow prevention device that serves their premises as provided in this Chapter. Once installed, all residential backflow prevention assemblies shall become the property of the water purveyor in accordance with the City Code.

(f)

Nonresidential property owners or users shall be responsible for having the backflow prevention assembly and the reclaimed water system tested and certified in accordance with the provisions as set forth in this Chapter.

(g)

Residential property owners and users shall have the backflow prevention device tested and certified annually in accordance with the provisions as set forth in this Chapter.

(h)

The property owner or user shall be responsible for the proper operation and maintenance of their reclaimed water system and the backflow prevention assembly. Failure to properly maintain the reclaimed water system shall be construed as just cause for the Director of Public Works to discontinue service until such time as the necessary maintenance has been performed to the satisfaction of the Director of Public Works.

(i)

The property owner or user shall submit inspection reports or monitoring data in a timely manner as required by the Director of Public Works pursuant to the provisions set forth in this Chapter. The property owner or user shall retain records and copies of the test reports and certifications for the backflow prevention assembly and reclaimed water system as set forth herein.

(j)

The property owner or user, upon discovery of backflow conditions or cross-connections, shall promptly take all steps necessary to confirm and prevent the persistence of backflow conditions or further contamination due to cross-connections. The property owner or user shall promptly inform the Director of Public Works of any cross-connections which are found in their reclaimed water system.

(k)

The property owner or user, by accepting, and continuing to accept, reclaimed water service, agrees to the provisions set forth in this Chapter, including the user rates, payment of fees, and other charges, as adopted by the City Council and incorporated herein, or as they may be amended from time to time.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.3. - Reclaimed Water Sources and Availability.

1.

Sources.

(a)

The City's water reclamation facilities, or other acceptable sources as determined by the Director of Public Works, shall be the sole sources of reclaimed water for the reclaimed water system.

(b)

The City's water reclamation facilities only produce a finite quantity of reclaimed water, which can fluctuate on a daily basis. Other acceptable sources may be accessed by the City to supplement the reclaimed water supply, if deemed by the Director of Public Works to be in the best interests of the City and the general public.

2.

Availability of Reclaimed Water.

(a)

If reclaimed water is deemed available by the Director of Public Works, then the property owner shall be required to connect to the municipal reclaimed water system within the time frame established by the Director of Public Works and in accordance with the requirements set forth in the City Code.

(b)

If reclaimed water is deemed available to a property owner or user by the Director of Public Works, then groundwater from onsite wells, water from lakes or other surface waters, or potable water from a central supplier shall not be used by the property owner or user for irrigation of lawns, trees or other landscape areas.

(c)

If reclaimed water is available to a property owner or user, existing irrigation systems shall be connected to the City's reclaimed water system following notification of availability from the Director of Public Works. New or expanded irrigation systems shall be connected following installation.

(d)

The City shall carefully monitor the number of service connections to the reclaimed water system and the extent of commitments for reclaimed water services to users with individual Agreements for the Delivery and Use of Reclaimed Water. These efforts by the City are made to provide a consistent and dependable supply of reclaimed water to users.

(e)

Unless stated otherwise in the Agreements for Delivery and Use of Reclaimed Water, the City does not guarantee the availability of reclaimed water or service. Use of reclaimed water may be limited or service may be temporarily discontinued due to extreme conditions or extenuating circumstance beyond the control of the City.

(f)

The City shall have the right to establish the schedule, frequency and hours of use (duration) for delivery and use of reclaimed water by a user. The City reserves the right to limit the total volume and flow rate(s) of reclaimed water available to a property or user on either a daily, periodic or cumulative basis.

(g)

The City will maintain a pressure in the reclaimed water system which is adequate for the satisfactory operation of standard irrigation systems or devices. Property owners or users may install facilities, at their sole expense, to provide lower or higher system pressures as long as these facilities do not adversely affect the operation of the City's reclaimed water system. These facilities shall be approved by the Director of Public Works prior to commencement of construction.

3.

Restrictions on Alternative Water Sources.

(a)

The only source of reclaimed water within the City's designated reuse service areas for a property owner's or user's reclaimed water system shall be the City of Orlando reclaimed water system. Other water sources for existing irrigation systems, or other water supply systems designated as part of the user's reclaimed water system, shall be disconnected permanently by the user.

(b)

Under no circumstances shall the public potable water supply be connected to a property owner's or user's irrigation or reclaimed water system and used as an alternative water source for said system.

(c)

Dual or temporary connections of wells to residential irrigation systems shall be prohibited. Unless otherwise allowed in the Agreement for the Delivery and Use of Reclaimed Water, nonresidential reclaimed water systems shall not have dual or temporary connections to alternative water supplies (sources) or supplemental groundwater wells.

(d)

Not withstanding any other provision set forth herein, the Director of Public Works may exempt dual or temporary connections with alternative water sources, such as natural surface waters, groundwater or artificial surface impoundments. The exemption shall be considered and applied on a case-by-case basis, and may be restricted to specific properties (or parts thereof), time periods or conditions. The Agreement for the Delivery and Use of Reclaimed Water for nonresidential property owners or users may be modified by the City to include the approved exemption. The Director of Public Works shall consider, but may not be limited to, the following factors in making a determination for the exemption:

(1)

Historical, current and anticipated demand, flow rates and availability of reclaimed water;

(2)

Specific conditions in the user's permits;

(3)

Demonstrated need for a dual or temporary connection;

(4)

Possible detrimental impacts on the surface water or impoundment;

(5)

Capability of the user's reclaimed water system or parcel to utilize water from alternate sources;

(6)

Potential for cross-connections; and

(7)

Other factors deemed relevant by the Director of Public Works.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.4. - Regulation of Service Extension.

1.

Intent.

(a)

The intent of this section shall be to establish general regulations facilitating the coordination and orderly expansion of the City's reclaimed water system.

(b)

Compliance with this Chapter and other applicable portions of the City Code, shall be a condition precedent for extension and continuation of reclaimed water service.

2.

Initiation of Projects.

(a)

Depending on the size, cost and feasibility, an extension of the City's reclaimed water system may be initiated by action of the City Council or by the Director of Public Works, utilizing the factors established by the City Council.

(b)

To obtain reclaimed water service for a dwelling or development, property owners, including developers, shall extend reclaimed water service lines as necessary to the closest available point of connection as determined by the Director of Public Works.

(c)

The City may, at its discretion, participate in the cost of oversizing the reclaimed water mains or system that are constructed by developer to accommodate future development within the reuse service area.

3.

Application by Developers. The developer shall provide a comprehensive report on the scope and purpose of the desired extension of the reclaimed water system (service). The developer (applicant) shall submit plans and specifications, FDEP and other relevant permit applications, and other pertinent information as required by the Director of Public Works.

4.

Project Authorization.

(a)

Reclaimed water service extensions to serve developments and which are to be constructed at no cost to the City shall be deemed authorized to proceed upon approval of the project plans and specifications by the Director of Public Works and upon issuance of such permits and payment of fees and other charges as may be required by this Chapter or by act of the City Council, and such other requirements as imposed by law.

(b)

All reclaimed water service extensions requiring the use of municipal funds shall be approved by the Director of Public Works and, as appropriate, by the City Council.

5.

Design.

(a)

Plans and specifications shall be in conformance with City standards and shall show the seal of a professional engineer registered in the State. The Director of Public Works shall approve all plans and specifications prior to commencement of construction for the proposed extensions or modifications to the reclaimed water system which will be connected to the public reclaimed water system.

(b)

For extensions not designed and constructed by the City, one reproducible set of plans showing the completed work, as built, together with an affidavit of periodic and final inspections signed and sealed by a professional engineer, registered in the State of Florida, certifying that the work as constructed complies with City standards, shall be submitted to the Director of Permitting Services prior to granting final approval of the work and facilities. This process shall be done in accordance with the provisions of Chapter 65 of the City Land Development Code.

6.

Location and Installation.

(a)

The reclaimed water system and appurtenances shall be extended and located only in public rights-of-way, or in easements acceptable to the City. Reclaimed water booster pump stations and related appurtenances shall be constructed only on appropriately sized tracts of land dedicated to the City.

(b)

For new subdivisions, reclaimed water system extensions shall be installed only in public rights-of-way or easements where the finished grade has been established and approved by the Director of Public Works. Actual interconnection of a new extension with the City's existing reclaimed water system shall be prevented by placing a temporary bulkhead in the connecting lines, until the new extension has been fully cleaned and inspected and all other conditions for extension of the service have received the approval of the Director of Permitting Services.

7.

Extension of Service Outside the Corporate Limits.

(a)

The municipal reclaimed water system may be extended beyond the City's corporate limits at the discretion of the Director of Public Works, or upon approval of the City Council, to provide reclaimed water service to parcels within the City's designated reuse service areas. The City reserves the right to require annexation, or the execution and recording of a reasonable document to annex at such time as the property becomes contiguous to any in-City parcel, as a prerequisite for the delivery of reclaimed water.

(b)

Property owners or users outside of the City's corporate limits that are connected to the municipal reclaimed water system shall comply with and abide by the provisions set forth in this Chapter.

8.

Termination of Service Lines. The service line from the City's reclaimed water system shall terminate at the back of the street curb or, in the case of an uncurbed street, alley or utilities easement, at the property line of the user or owner. The property owner or user shall be responsible, at their sole expense, for extension of the service line to the private irrigation or reclaimed water system.

9.

Ownership. The ownership of any reclaimed water system extension and related appurtenances laid within a public right-of-way or easement and connected to the City's reclaimed water system, in accordance with this Chapter, shall at all times remain with the City, unless the City determines that the extension is part of a private system. Private system extensions shall remain the property of the property owner up to the point of connection with the City's reclaimed water system.

10.

Easement Dedications. The property owner shall dedicate land or shall grant a perpetual easement to the City for transmission and distribution facilities as necessary to provide reclaimed water service to the development or property.

11.

City's Rights Reserved.

(a)

No agreement to extend the reclaimed water system under the provisions of this Chapter shall restrict the City's right to make subsequent extensions or connections thereto.

(b)

The City shall reserve the right, at all times, to refuse or limit extension of reclaimed water service when such proposed extension is:

(1)

Economically unfeasible;

(2)

Detrimental to the public reclaimed water system;

(3)

Noncompliant with the policies, rules and regulations set forth by federal or state agencies, this Chapter or with other duly adopted City ordinances; or

(4)

Any other reason whereby such extension would not benefit, or may be inimical to, the best interests of the City or the public in general.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.5. - General Reclaimed Water System Requirements.

1.

General Conditions.

(a)

The City shall be the sole provider of reclaimed water within the City's designated reuse service area(s), unless other provisions have been included in the Agreement for the Delivery and Use of Reclaimed Water and approved by City Council.

(b)

If there is a conflict between the rules and regulations of the City, or this Chapter, and any applicable federal or state regulations, then the strictest regulation or statute shall apply.

(c)

Provisions of this Chapter shall be interpreted as the minimum standards necessary for the protection of public health, safety and general welfare for the delivery and use of reclaimed water within the City's designated reuse service areas.

(d)

Any device or system that is connected to the City's reclaimed water system shall comply with all provisions of this Chapter. The property owner or user shall remove, replace or repair any non-complying device at their sole expense.

(e)

No person shall tamper, alter, extend, modify, replace with non-approved equipment or components, or connect to the reclaimed water system without prior written approval from the Director of Public Works.

(f)

No person shall obtain, receive or use reclaimed water without an approved and proper application for reclaimed water service or an approved and fully executed Agreement for the Delivery and Use of Reclaimed Water.

(g)

Irrigation systems shall be designed not to waste reclaimed water and in accordance with standards established by the Association of Landscape Architects and the Florida Turf Grass Association. Closed-circuit, in-ground irrigation systems shall have a programmable controller or timer. The Director of Public Works may require a property owner or user to install a soil moisture or rain sensor for the irrigation (reclaimed water) system.

(h)

Irrigation and reclaimed water systems shall be constructed in accordance with the provisions of Chapter 62-610, F.A.C., the Reclaimed Water Standards Manual and this Chapter. All PVC components of the reclaimed water system shall be color coded with Pantone Purple 522C.

(i)

Hose bibbs for the reclaimed water system shall be placed in a lockable service box adjacent to the reclaimed water service meter and near the front property line. A warning sign shall be placed on the said lockable service box.

(j)

Warning signs shall be placed in conspicuous locations by nonresidential and multifamily property owners or users, at their sole expense, as required by Florida Statutes and the regulations set forth in Chapter 62-610, F.A.C. Developers shall place warning signs at each entrance to the subdivision, along roadway medians, and in common areas. All signage, including the text, location and installation, shall be approved by the Director of Public Works, and shall comply with the City Code, Chapter 62-610, F.A.C., the Reclaimed Water Standards Manual and provisions set forth in this Chapter.

(k)

The Director of Public Works may require property owners or users to tag or label individual components of the private reclaimed water system. Tags and labels, including text and installation, shall be approved by the Director of Public Works in accordance with Chapter 62-610, F.A.C., the Reclaimed Water Standards Manual and provisions set forth in this Chapter.

2.

Right of Entry and Accessibility.

(a)

The Director of Public Works shall have the right to enter the premises of any user receiving reclaimed water to determine whether the user is complying with all requirements set forth in this Chapter and any order issued hereunder. Users shall allow the Director of Public Works ready access to all parts of the premises for the purposes of inspecting the user's reclaimed water system and appurtenances, sampling, records examination and copying, and the performance of any additional duties related to the operation and maintenance of the reclaimed water system and enforcement of this Chapter.

(b)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Public Works shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(c)

The Director of Public Works shall have the right to set up on the user's property, or require installation of such devices, or to perform specific tests, as are necessary to determine the presence of cross connections, interconnections or backflow conditions.

(d)

Any temporary or permanent obstruction to safe and easy access to the service meter or the facility to be inspected shall be promptly removed by the user, at the written or verbal request of the Director of Public Works, and shall not be replaced. The costs of providing such clear access shall be borne solely by the user. Unreasonable delays in allowing the Director of Public Works access to the user's premises shall be a violation of this Chapter. The Director of Public Works shall have the right to remove obstructions and recover the costs from the user if emergency conditions are deemed to exist by the Director of Public Works.

(e)

For residential users or property owners, consent for access shall be obtained from a person eighteen (18) years of age or older that is responsible for the premises. Refusal to provide such access or information requested by the Director of Public Works shall be deemed as evidence of conditions being present that are in violation of this Chapter.

(f)

If the Director of Public Works has been refused or denied access by the user or property owner to inspect the potable water system, irrigation system or reclaimed water system, or to collect samples from these systems to verify compliance, then the Director of Public Works, upon notification to the user or property owner, may discontinue reclaimed water service to the premises.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.6. - Service Connections.

1.

General Requirements.

(a)

Owners of any developed residential, nonresidential or agricultural parcel, including roadway medians and common areas within the City's designated reuse service areas at their sole cost, shall be required to connect their irrigation systems to the reclaimed water system, whenever such service becomes available.

(b)

Reclaimed water service shall be construed to be reasonably available if the City's reclaimed water system is within a distance of one hundred (100) feet of the property line for parcels zoned residential; or within one thousand (1,000) feet of parcels or developments with nonresidential zoning designations.

(c)

The owner of a parcel shall connect to the reclaimed water system within ninety (90) days of receiving written notification from the Director of Public Works. The property owner or user may request an extension of time from the Director of Public Works to connect to the municipal reclaimed water system.

(d)

Developers with new developments within the City's permitted reuse service areas that submit a permit application to the Office of Permitting Services following adoption of this Chapter by the City Council shall include reclaimed water distribution mains and service lines for each lot or parcel, any roadway medians and common areas. Any permit application that was submitted to the Office of Permitting Services prior to the adoption of this Chapter by the City Council and is declared incomplete, rejected or resubmitted to the said office shall comply with all of the requirements set forth herein. The reclaimed water distribution mains and service lines shall be installed by the developer as part of the infrastructure requirements and at no cost to the City. The distribution system for the development shall be connected to the reclaimed water system when service becomes available.

(e)

A common reclaimed water service line for a development, subdivision or neighborhood may be allowed with prior written approval from the Director of Public Works. A reclaimed water service connection, including shut-off valves and service meter, shall be installed for each individual parcel within the development, subdivision or neighborhood.

(f)

The reclaimed water service connection and service meter shall be located on the opposite side of the lot or parcel from the potable water service connection in order to provide adequate separation for the two services and to prevent cross-connections.

(g)

The reclaimed water purveyor shall provide and install the service meter for residential property owner or users.

(h)

All reclaimed water service connections shall be made by a plumber or utility contractor that is licensed in the State of Florida, and shall be inspected by the Director of Permitting Services prior to the delivery of reclaimed water.

(i)

All reclaimed water service connections shall be made in accordance with this Chapter and the Reclaimed Water Standards Manual. The service connections shall remain the property of the City. At a minimum, the service connection shall include a shut-off valve and service meter.

2.

Service Meters.

(a)

The Director of Public Works shall require residential property owners or users to install a City approved service meter for reclaimed water service. The service meter shall be installed by the Director of Public Works.

(b)

Nonresidential property owners or users shall be required to install a City approved individual reclaimed water service meter, unless the Director of Public Works has given prior written approval for installation of a master service meter.

(c)

The Director of Public Works may require any property owner or user to acquire the reclaimed water service meter from the Director of Public Works and shall pay an appropriate service charge. The reclaimed water service meter shall remain the property of the Director of Public Works or the water purveyor.

(d)

Unless expressly authorized otherwise by the Director of Public Works, reclaimed water service meters shall be installed in an approved meter box at the property line which abuts the right-of-way for the street.

(e)

Following installation, reclaimed water service meters shall be inspected, tested and approved by the Director of Public Works prior to being placed in service.

(f)

Nonresidential property owners or users shall have the reclaimed water service meter calibrated in accordance with the schedule as determined by the Director of Public Works.

(g)

Nonresidential facilities or users that occupy a single structure or development with common areas may install a master meter for reclaimed water service.

(h)

A master meter installation may be the preferred method of providing reclaimed water service for multi-family dwellings, such as condominiums and apartments. If a property with a master service meter is partitioned and sold, then each parcel shall install a separate individual reclaimed water service meter.

(i)

A master service meter shall be installed by the developer for new subdivisions, any new phase of a development, or for common landscape areas. The primary purposes for the master service meter shall include leak detection and cross connection control. The master service meter shall be installed in accordance with the Reclaimed Water Standards Manual and the provisions set forth in this Chapter. The master service meter shall be provided and installed at the sole expense of the developer.

(j)

The type of master service meter and location for its installation shall be approved by the Director of Public Works prior to commencement of any work. The master service meter shall be dedicated to the City following installation and acceptance by the Director of Public Works. The master service meter shall be inspected and approved by the Director of Public Works prior to being placed into service.

3.

Permits. The developer, property owner or user shall obtain all necessary building/plumbing permits and shall complete an application for service for each service connection to the City's reclaimed water system.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.7. - Backflow Prevention Assemblies.

1.

Requirements.

(a)

General.

(1)

All property owners or users requesting reclaimed water service shall install an approved backflow prevention assembly on the potable water lines serving their parcel in accordance with the Reclaimed Water Standards Manual, requirements of the water purveyor and the provisions set forth in this Chapter.

(2)

Nonresidential property owners or users shall install a backflow prevention assembly for the reclaimed water service connection, if any of the following conditions exist:

(i)

Hazardous materials or wastes are located or are present on-site,

(ii)

Reclaimed water is utilized as a supply source for a production process, cooling tower or washwater,

(iii)

Fertilization facilities are connected to the irrigation system, or

(iv)

High potential for cross-connections.

(v)

Such other conditions that may affect the public health, safety or welfare as determined by the Director of Public Works.

(b)

New Facilities. The design and installation of the approved backflow prevention assembly shall be shown on the construction plans and described in the specifications. These documents shall be submitted to the Office of Permitting Services or other agency with competent jurisdiction and the Director of Public Works for review as part of the building permit application. The backflow prevention assembly shall comply with the design requirements set forth in the Reclaimed Water Standards Manual and this Chapter.

(c)

Existing Facilities for Nonresidential Properties.

(1)

The Director of Public Works shall inspect the property or facility to determine the type of backflow prevention assembly to be used for the reclaimed water service and the location for said installation.

(2)

The water purveyor shall inspect the property or facility to determine the type and location for the backflow prevention assembly.

(3)

The property owner or user shall submit the construction plans and specifications for the backflow prevention assembly as part of the building permit application.

2.

Minimum Design Standards.

(a)

The backflow prevention device shall be manufactured in full conformance with the standards established by the American Water Works Association (AWWA) and shall comply with the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCHR) set forth in the current edition of the Manual of Cross-Connection Control. A certificate of approval shall be issued by an approved testing laboratory certifying full compliance with the AWWA standards and FCCHR specifications. Backflow prevention assemblies subject to back pressure or back-siphonage shall be fully tested and shall be certified by a state certified backflow prevention specialist.

(b)

Backflow prevention assemblies shall be installed above grade with two sample (test) ports located on top of the device. All alternative types of backflow prevention assemblies, or modifications to devices in compliance with the minimum standards set forth above shall be approved in writing by the Director of Public Works prior to installation.

(c)

The Director of Public Works, or designee, shall be the sole judge of product quality and conformity to applicable standards for all backflow prevention assemblies that are installed for the purpose of protecting the potable water system or the City's reclaimed water system.

3.

Installation.

(a)

The backflow prevention device shall be installed in accordance with the specifications set forth in the Reclaimed Water Standards Manual, the manufacturer's installation procedures, applicable building/plumbing codes and the provisions set forth in this Chapter.

(b)

A building/plumbing permit from the Office of Permitting Services or other agency with jurisdiction shall be required for installation of a backflow prevention device on the potable water service.

(c)

The backflow prevention device shall be installed by a certified backflow prevention specialist. The property owner or user shall retain a copy of the installation manifest.

(d)

The water purveyor shall provide and install the backflow prevention assembly for residential property owners or users. The water purveyor is authorized to assess a reasonable fee to recover the costs for this service.

(e)

The property owner or user shall notify the Director of Public Works following installation of the backflow prevention assembly for their respective potable water service. The property owner or user shall provide the following, but not limited to, information: name of the property owner or user; service address, date of installation, description of the device, including size, manufacturer, model number and serial number, water meter number, utility account number, and such other information as may be required by the Director of Public Works.

4.

Testing and Certification.

(a)

Backflow prevention assemblies shall be inspected and tested immediately following installation, and periodically thereafter on a regular basis as determined by the Director of Public Works, or at least annually, by a state certified backflow prevention specialist.

(b)

The water purveyor shall be responsible for performing the routine periodic inspections and testing of the backflow prevention assemblies for residential parcels and users. A certified written inspection report shall be prepared and retained by the Director of Public Works. Upon request, a copy of the certified written report shall be provided to the property owner or user by the Director of Public Works.

(c)

Nonresidential property owners or users shall be responsible for inspection and testing of the backflow prevention assemblies. The certified written inspection and testing report by the backflow prevention specialist shall be submitted to the Director of Public Works within fifteen (15) days after the inspection and testing of the backflow prevention assembly.

(d)

In those instances where the Director of Public Works deems the potential for cross-connections or backflow conditions to be great enough, the property owner or user may be required to perform more frequent inspections and testing of the backflow prevention assembly.

(e)

Failure by the property owner or user to perform, or allow to have performed, the annual testing and certification of the backflow prevention assembly may result in discontinuation of reclaimed water service by the Director of Public Works.

(f)

The cost for inspection and testing of the backflow prevention assembly shall be recovered through a service fee in accordance with Section 32.13 of this Chapter. The service fee shall be placed on the property owner's or user's monthly utility billing statement. Failure to promptly pay the service fee may be cause for discontinuance of reclaimed water service by the Director of Public Works.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.8. - Cross-Connection Control Program.

1.

Policy.

(a)

The Director of Public Works shall have authority to establish the guidelines, protocols and requirements for the cross-connection control program.

(b)

In order to safeguard the quality and integrity of the potable water supply, a reclaimed water service connection shall not be made or maintained where actual or potential cross connections may exist, unless the property owner or user can satisfactorily demonstrate compliance with the rules or requirements of FDH and FDEP.

(c)

The property owner or user shall be responsible for verifying proper connections with the reclaimed water system, supervision of reclaimed water use and implementing measures to minimize and to prevent cross-connections or bypass.

(d)

All cross connections are in violation of this Chapter and shall be disconnected immediately upon discovery by the property owner or user. All costs for such disconnection or corrective action shall be paid by the property owner or user prior to restoration of reclaimed water service.

(e)

Reclaimed water service shall be denied until the mandatory backflow prevention and cross-connection control measures have been provided by the user to the satisfaction of the Director of Public Works.

2.

Prohibitions.

(a)

A property owner or user shall be prohibited from obtaining reclaimed water service by connecting to another property owner's or user's reclaimed water system or alternative source of water.

(b)

Cross-connections or interconnections between the potable water supply and the reclaimed water system shall be strictly prohibited.

(c)

The return of reclaimed water by the property owner or user to the City's reclaimed water system following delivery to the parcel is prohibited in accordance with Chapter 62-610, F.A.C.

(d)

Reclaimed water shall not enter a dwelling unit or any structure containing a dwelling unit, except as allowed in Chapter 62-610, F.A.C.

(e)

Reclaimed water shall not be used for toilet flushing, wash or clean-up water, make-up water, fire protection, dust control or aesthetic purposes, such as decorative pools or fountains, without the prior written approval of the Director of Public Works. Such stated uses shall be done in accordance with Chapter 62-610, F.A.C., the Reclaimed Water Standards Manual, and this Chapter.

(f)

Above-ground hose bibbs that are connected to the reclaimed water system are prohibited. The Director of Public Works may approve alternative installations, such as a lock-box with special connectors, for hose bibbs or outlets for nonresidential and multifamily property owners or users in accordance with Chapter 62-610, F.A.C.

(g)

By-pass arrangements, jumper connections, removable sections, swivel or changeable devices, and any other temporary or permanent devices through which backflow or back-siphonage could occur, shall be considered a cross connection, and as such, are prohibited.

(h)

The property owner or user shall not install, or allow to be installed, a by-pass around any backflow prevention assembly, unless a backflow prevention assembly of the same type is placed on the by-pass. Property owners or users that cannot shut down operations or isolate facilities for testing or repair of backflow prevention assemblies must supply additional backflow prevention devices, as necessary, to allow the requisite testing or repair(s) to take place.

3.

Requirements.

(a)

New Service. The private reclaimed water system for each individual parcel shall be inspected and tested for cross connections by a state certified specialist, and the requirements for backflow prevention shall be satisfied, prior to installation of the service connection to the City's reclaimed water system and delivery of reclaimed water. The property owner, user, developer or builder shall submit to the Director of Public Works an inspection report certifying compliance of the private reclaimed water system and the backflow prevention assembly with the provisions of this Chapter.

(b)

Existing Facilities.

(1)

The Director of Public Works may establish guidelines that are in the best interests of the City and the general public for the evaluation of any existing private reclaimed water system.

(2)

Requirements for backflow prevention and the evaluation of the private reclaimed water system shall be satisfied by the property owner or user prior to installation of the reclaimed water service connection and the delivery of reclaimed water to the parcel.

(3)

The Director of Public Works may require nonresidential and multifamily property owners or users to identify and implement measures to prevent cross-connections and bypass. The Director of Public Works may require nonresidential and multifamily property owners or users to submit a cross-connection control plan.

(4)

The Director of Public Works may require a nonresidential property owner or user to submit a certification statement, signed and sealed by a professional engineer that is registered in the State of Florida, attesting that the private reclaimed water system, including backflow prevention devices, has been properly evaluated and tested and is in compliance with the provisions of this Chapter and applicable federal and state regulations.

(5)

The water purveyor shall test and inspect the backflow prevention assemblies at least once per year for residential property owners or users; and periodically shall perform a general inspection of the private reclaimed water system for cross-connections, bypasses and illegal connections or uses.

(c)

Testing and Inspection.

(1)

Nonresidential and multifamily property owners or users with the potential for having cross-connections shall be inspected and evaluated at intervals as reasonably determined by the Director of Public Works. The results of these inspections, testing and evaluations of the private reclaimed water system shall be certified, by a state certified backflow prevention specialist prior to submittal to the Director of Public Works.

(2)

Upon request, results of inspections and testing of the private reclaimed water system and backflow prevention assembly that are performed by the Director of Public Works may be provided to the property owner, user or authorized representative.

(3)

Any corrective action shall be accomplished at the sole expense of the property owner or user, and within the period of time as reasonably determined by the Director of Public Works. Corrective action shall be done in accordance with the Reclaimed Water Standards Manual, applicable building/plumbing codes, manufacturer's instructions, Chapter 62-610, F.A.C., this Chapter and the regulations set forth by the state and federal agencies with appropriate jurisdiction.

(4)

Fees for testing and inspection of backflow prevention assemblies and the reclaimed water system shall be in accordance with the rates adopted by the City Council and as set forth in Section 32.13 of this Chapter.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.9. - Agreements.

1.

Requirements.

(a)

Commercial, industrial, agricultural, multifamily and other non-individual residential users that consume in excess of 25,000 gpd shall enter into an Agreement for the Delivery and Use of Reclaimed Water. Prior to execution of said agreement, the user shall complete an application for reclaimed water system as set forth in Section 32.10 of this Chapter.

(b)

Individual residential property owners or users shall apply for reclaimed water service as set forth in Section 32.10 of this Chapter.

(c)

All agreements shall be approved by the City Council prior to the delivery of reclaimed water.

2.

Contents. An Agreement for the Delivery and Use of Reclaimed Water shall contain, the following provisions:

(a)

Duration or term;

(b)

City responsibilities and services;

(c)

User responsibilities, including frequency of use and other irrigation times;

(d)

Delivery of reclaimed water under adverse conditions;

(e)

Rates and fees;

(f)

Notification requirements and procedures;

(g)

Inspections;

(h)

Transferability;

(i)

Indemnification;

(j)

Severability;

(k)

Legal description of the property;

(l)

Operating and Maintenance Procedures;

(m)

Schedule of flow quantities and application rates;

(n)

Certifications and signatures; and

(o)

Such other provisions as reasonably required by the Director of Public Works.

3.

Transfer or Assignment.

(a)

The City may assign its rights and obligations, in whole or in part, under an Agreement for the Delivery and Use of Reclaimed Water to an entity which shall assume such rights and obligations.

(b)

An Agreement for the Delivery and Use of Reclaimed Water shall not be transferable by the current user or property owner to another user or property owner without receiving prior approval from the Director of Public Works and completion of an application for reclaimed water service by the proposed assignee and acceptance by the City, and in no case shall the right to receive reclaimed water be transferable to the property other than that for which it was originally approved by the City.

(c)

If major modifications are proposed by the current or new property owner or user to the Agreement for the Delivery and Use of Reclaimed Water as a condition for the transfer or assignment to another user or property owner, then the modified Agreement shall be approved by the City as a new Agreement for the Delivery and Use of Reclaimed Water.

4.

Revocation. An Agreement for the Delivery and Use of Reclaimed Water may be revoked by the Director of Public Works for the following reasons:

(a)

Violation(s) or continued violations of the provisions as set forth in this Chapter the applicable Florida Statutes or Florida Administrative Code, or the Agreement for the Delivery and Use of Reclaimed Water;

(b)

Endangerment of public health and safety, such as possible contamination of the potable water supply;

(c)

Failure to implement a cross-connection control program;

(d)

Failure to eliminate cross-connections;

(e)

Intentional installation of a by-pass or cross connection;

(f)

Failure to correct deficiencies in the backflow prevention assembly or the reclaimed water system;

(g)

Tampering with the backflow prevention device;

(h)

Failure to perform the requisite routine inspections and testing of the backflow prevention assemblies or reclaimed water system;

(i)

Falsifying test results;

(j)

Failure to meet compliance schedules or to comply with consent decrees; or

(k)

Failure to pay fines or penalties;

(l)

Failure to pay any fee as set forth in this Chapter; and

(m)

Such other reasons as may be determined by the Director of Public Works.

5.

Extraordinary Arrangements.

(a)

Nothing in this Chapter shall be construed to prevent the City Council from entering into any agreement with any user of the reclaimed water system upon such terms and conditions as the City may prescribe.

(b)

The City Council shall have the sole authority to modify rates and fees in any Agreement for the Delivering and Use of Reclaimed Water in order to provide reclaimed water service to major commercial users or a complex of such users.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.10. - Application for Reclaimed Water Service.

1.

General Requirements.

(a)

All property owners, developers and users of the reclaimed water system shall submit an application for reclaimed water service to the Director of Public Works prior to connection.

(b)

Commercial, industrial, agricultural, multifamily and other non-individual residential users shall execute an Agreement for the Delivery and Use of Reclaimed Water as set forth in Section 32.09 of this Chapter.

(c)

Any violation of the terms and conditions in the Agreement for the Delivery and Use of Reclaimed Water or the application for reclaimed water service shall be deemed a violation of this Chapter. The user shall be subject to the enforcement responses and penalties set forth in Section 32.12 of this Chapter.

2.

Service Classifications. Users shall be classified as residential, multifamily, agricultural, institutional and commercial/industrial as defined in Section 32.13. Properties with four (4) or less dwelling units shall be classified as residential.

3.

Application Requirements.

(a)

The Director of Public Works shall require all non-individual residential property owners or users to submit, and keep current, the following, but not limited to, information as part of the application for, and continuation of, reclaimed water service:

(1)

Property owner's name, address and telephone number;

(2)

Description of activities and facilities on the property;

(3)

Proposed or existing layout of irrigation systems and other facilities, such as cooling towers for which reclaimed water is being requested;

(4)

Property survey, site plan, legal description and property address;

(5)

Cross-connection control plan;

(6)

Individual(s) responsible for the cross-connection control program;

(7)

Current and future schedule of flow volumes, and requested and proposed application or usage rate;

(8)

Frequency of use and duration;

(9)

If applicable, process flow schematics;

(10)

Operating and maintenance procedures, and routine facility inspections;

(11)

Back-flow prevention plan; and

(12)

Any other information as may be deemed necessary by the Director of Public Works to evaluate the application for service.

(b)

Residential users shall provide, at a minimum, the following information to obtain a building/plumbing permit from the Office of Permitting Services or other agency with jurisdiction in order to connect to the reclaimed water system:

(1)

Proposed or existing layout of irrigation system;

(2)

Property survey with legal description;

(3)

Installation detail for the backflow prevention assembly; and

(4)

Any other information as may be deemed necessary by the Director of Public Works to evaluate the application for service.

(c)

Incomplete or inaccurate applications shall be returned to the applicant;

(d)

Completion and submittal of an application for reclaimed water service does not relieve the property owner or user from the responsibility to obtain all other necessary permits and approvals for the construction or installation of the irrigation or reclaimed water systems.

4.

Signatories and Certification. All applications shall be signed by the property owner, user or their authorized representative, and shall contain the following certification:

"I certify under penalty of law that this application and related supporting documents were prepared by me or under my direct supervision; and to the best of my knowledge and belief, the information is true, accurate and complete. I am aware there are penalties for submitting false information, including denial of reclaimed water service, fines and other penalties for knowing violations".

5.

Application Decisions. The Director of Public Works shall evaluate the application for reclaimed water service, and any information provided by the property owner or user in support of said application. The Director of Public Works may request the property owner or user to provide additional information in order to evaluate the application for reclaimed water service. The property owner or user shall submit, in a timely manner, a written response to the request for information from the Director of Public Works.

6.

Application Denial. The Director of Public Works may deny the application for reclaimed water service for any of the following reasons:

(a)

Incomplete, unsigned or qualified application;

(b)

Failure to respond to a request for additional information in a timely manner;

(c)

Submittal of false, inaccurate or misleading information;

(d)

Inadequate cross-connection control plan;

(e)

Inadequate backflow prevention measures;

(f)

Deficiencies in the reclaimed water irrigation system or inadequate measures to protect the reclaimed water system;

(g)

Failure to submit an initial inspection report for the backflow prevention assembly by a state certified backflow prevention specialist;

(h)

Failure to pay previous amounts due for potable water or wastewater services provided to the said applicant; or

(i)

In the opinion of the Director of Public Works, the service connection would be detrimental to the potable water, reclaimed water or wastewater systems.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.11. - Reporting Requirements and Record Retention.

1.

Periodic Certification Reports.

(a)

Nonresidential property owners or users shall submit, at a frequency determined by the Director of Public Works, but at least once per year, a report certifying that the backflow prevention assemblies have been tested by a certified backflow prevention specialist and that the reclaimed water system has been evaluated for bypass installations and cross-connections.

(b)

Nonresidential property owners or users that consume more than 25,000 gpd of reclaimed water on an average annual daily basis shall submit a periodic certification report on the operation, maintenance and integrity of their reclaimed water system and related facilities. The certification report shall bear the signature and seal of a professional engineer who is registered in the State of Florida.

(c)

If a nonresidential property owner or user monitors the potable or reclaimed water system, the results of all monitoring events shall be included in the periodic certification report.

(d)

The periodic certification report shall be submitted to the Director of Public Works in the format so designated for that purpose and in accordance with the date specified by the Director of Public Works or as set forth in the Agreement for the Delivery and Use of Reclaimed Water.

2.

Notification Reports.

(a)

Changed Conditions.

(1)

A nonresidential property owner or user shall notify the Director of Public Works of any planned significant changes or modifications to the property owner's or user's operations or reclaimed water system, which might alter or change the duration or frequency of use, or volume of reclaimed water. Notification of the planned changes shall be submitted to the Director of Public Works for written approval at least ninety (90) days prior to implementation of the planned changes.

(2)

The Agreement for the Delivery and Use of Reclaimed Water shall be revised to include any significant changes in the property owner's or user's reclaimed water system or operations whenever any of the following, but may not be limited to, conditions are exceeded:

(i)

Monthly average daily flows greater than twenty percent (20%) of the historic monthly average daily flow, or

(ii)

An increase of greater than thirty percent (30%) in the duration or frequency of usage.

(b)

Potential Problems.

(1)

In case of a nonroutine, episodic incident or operation that may jeopardize the integrity of the potable or reclaimed water system, the property owner or user shall immediately telephone and notify the Director of Public Works of said incident. This notification shall include, if known, the location, type, duration and frequency of the incident, the volume of reclaimed water involved in the incident, and corrective actions taken by the property owner or user.

(2)

Within three (3) days following the incident, the property owner or user shall, unless waived by the Director of Public Works, submit a detailed written report describing the cause(s) of the incident and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the property owner or user of any expense or liability for damage to the potable or reclaimed water system, the environment, or to any person or property, which may have been incurred as a result of the incident; nor any fines, penalties, or other enforcement response which may be imposed by the Director of Public Works in accordance with the provisions of this Chapter.

(3)

Nonresidential users shall post a notice on a bulletin board or other prominent places advising employees whom to call and the procedures to follow in the event an incident occurs. Nonresidential users shall conduct training for employees in the operation and maintenance of the reclaimed water system to prevent the occurrence of an incident.

3.

Sampling and Analysis.

(a)

Sampling and analysis may be required by the Director of Public Works to evaluate a private reclaimed water system for cross-connections. Samples shall be representative of the property owner's or user's potable or reclaimed water systems. Monitoring and flow measurement equipment shall be properly operated, cleaned, and maintained in good working order at all times. Sampling and analysis shall be conducted at the sole expense of the property owner or user.

(b)

The Director of Public Works may require any nonresidential user or property owner with a reclaimed water service connection to install, at their expense, suitable flow measurement and monitoring facilities to demonstrate the integrity and proper operation of the potable and reclaimed water systems. Such facilities shall be located for safe and easy access and shall be installed to allow for proper sample collection and inspection of the potable or reclaimed water systems.

(c)

Measurements, tests and analysis of the water shall be performed in accordance with 40 CFR 136, Chapter 62-160, F.A.C. and Chapter 62-550, F.A.C., as amended. Sampling shall be carried out in such a manner as to reflect the impact or effect the constituents may have on the potable and reclaimed water system, and to determine the existence of hazards to health, safety and welfare.

(d)

If the references cited herein do not contain applicable analytical protocols for the constituents in question, the analysis shall be performed in accordance with generally accepted procedures approved by EPA, FDEP or ASTM. The property owner or user shall give written notice to the Director of Public Works of the analytical protocols used to demonstrate compliance with the provisions of this Chapter.

(e)

Direct costs incurred by the Director of Public Works for sample collection and laboratory analysis, adjusted to reflect administrative, legal and other indirect costs, necessary for implementation and enforcement of the provisions of this Chapter may be charged to the respective property owner or user. All self-monitoring costs shall be borne solely by the property owner or user.

4.

Submittal Date. Written reports shall be deemed to have been submitted on the date received by the Director of Public Works. The date of receipt of the report shall govern for any report submitted in any manner.

5.

Record Retention.

(a)

Any person, property owner or user subject to the reporting requirements of this Chapter shall retain and make available for inspection and copying by the Director of Public Works in Orange County, Florida, any record, report, information or data obtained pursuant to any monitoring activities required by this Chapter.

(b)

Records shall be retained and preserved by the property owner or user for a period of at least three (3) years. This period shall be automatically extended for the duration of any unresolved administrative action or litigation concerning the property owner or user and the City; or where the property owner or user has received written notification from the Director of Public Works of a longer retention period; or until all enforcement activities have concluded; or until the time period of limitations has expired with respect to any and all appeals.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.12. - Enforcement Response.

1.

General.

(a)

Any person, property owner or user found to be in violation of any provision of this Chapter, any approved written policies and procedures, any orders, rules, regulations, or the Agreement for the Delivery and Use of Reclaimed Water issued hereunder, shall be delivered a written notice by the Director of Public Works, or designee, that states the nature of the violation and a deadline for satisfactory correction of the violation. Any such written notice shall be delivered to the address on the application submitted previously to the City under Section 32.10, and that address shall be presumed to be valid for purposes set out in this Section 32.12.

(b)

The remedies provided in this Chapter shall not be exclusive, and the City may seek whatever other remedies of any type are authorized by Florida Statutes, federal law or City Code, against any person, property owner or user in violation.

(c)

Notwithstanding any other penalty or enforcement response as set forth in this Chapter, any person, property owner or user who violates any provision of this Chapter, also, shall be subject to the provisions of Section 1.08 of the City Code.

2.

Discontinuation or Termination of Service.

(a)

The Director of Public Works shall have the authority to discontinue or terminate reclaimed water service.

(b)

Failure to comply with the provisions of the Cross Connection Program of this Chapter shall be deemed noncompliance. As such, reclaimed water service to the premises or parcel shall be subject to disconnection until such conditions or system defects have been corrected by the user in accordance with the requirements set forth in this Chapter, and approved by the Director of Public Works. The user shall pay all applicable service charges and penalties prior to restoration of reclaimed water service.

(c)

The user or property owner shall receive written notification of any violation of the provisions set forth in this Chapter. If the violation does not create an emergency situation, the user or property owner shall be given fifteen (15) days to correct the stated deficiencies. If the problems are not corrected within the allotted time period, or the user or property owner fails to respond to the Notice of Violation or compliance order, the Director of Public Works may discontinue reclaimed water service.

(d)

Discontinuance or termination of reclaimed water service shall not relieve the user or the property owner of any civil liability or from criminal or ordinance violations, or payment of any amounts for reclaimed water previously supplied to the said property owner or user.

(e)

The user or the property owner shall be liable and shall reimburse the City for all costs involved to correct the violations and for damages to the public potable or reclaimed water systems as the result of the said property owner's or user's violations.

(f)

Reclaimed water service shall be restored at the discretion of the Director of Public Works and in accordance with the provisions set forth in this Chapter. The Director of Public Works may require a property owner or user to provide reasonable and sufficient guarantees or assurances that the violation(s) will not recur, or if discontinuance was for reasons other than enforcement, that all requirements in this Chapter have been met.

(g)

If reclaimed water service is discontinued or terminated for any reason for more than thirty (30) consecutive days, then the property owner or user shall have the reclaimed water system tested and recertified by a state-certified specialist for backflow prevention and cross-connections prior to reinstatement of service. The property owner or user shall provide certification to the Director of Public Works prior to restoration of service.

3.

Emergency Situations. The Director of Public Works or water purveyor shall be authorized to take immediate action, including discontinuance or disconnection of service, without prior notice to the property owner, in response to the following, emergency situations that endanger, or threaten to endanger, the potable or reclaimed water systems, or the public health, safety and welfare:

(a)

The public potable water supply is in imminent danger or an emergency situation exists with either the potable or reclaimed water systems;

(b)

Backflow or siphonage conditions;

(c)

Cross-connections;

(d)

Unapproved use(s) of reclaimed water posing an immediate danger to public health or safety;

(e)

Hazardous situations where contaminants are in the process of, or suspected of, entering the potable or reclaimed water system;

(f)

Continued or persistent violations of this Chapter, or intentional or deliberate installation of a bypass or cross-connection with the knowledge of the property owner or user; or

(g)

Such other situations as determined by the Director of Public Works.

4.

Notice of Violation. Any person, property owner or user who has violated any provision of this Chapter, the Agreement for the Delivery and Use of Reclaimed Water, or order issued hereunder, may be sent a written Notice of Violation by the Director of Public Works, either in person or by certified mail with return receipt requested. Within five (5) days of the receipt of this notice, the property owner or user shall either submit a plan and schedule for the satisfactory correction of the violation, or satisfactorily correct the violation. Submission of this corrective action plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director of Public Works to take any action, including emergency suspension of reclaimed water service, or any other enforcement response, without first issuing a Notice of Violation.

5.

Show Cause Hearing. The Director of Public Works may order a person, property owner or user, who has violated any provision of the Chapter, the Agreement for the Delivery and Use of Reclaimed Water or any order issued hereunder, to appear before the Director of Public Works, and show cause why the proposed enforcement action should not be taken. Notice shall be served on the property owner or user, at least ten (10) days prior to the hearing, which specifies the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the property owner or user show cause why the proposed enforcement action should not be taken. Notice may be served on any authorized representative of the property owner or user. A show cause hearing shall not preclude, or be a prerequisite for, taking any other action against the property owner or user.

6.

Compliance Orders. The Director of Public Works may include a compliance order in the Notice of Violation that requires the person, property owner or user to come into compliance within a specified period of time. If compliance is not achieved within the time period provided, the Director of Public Works may discontinue or terminate reclaimed water service. The compliance order also may contain other requirements to address the violation(s), including, but not limited to, monitoring and management practices to minimize cross-connections, backflow conditions or the possibility of contamination of the potable or reclaimed water systems.

7.

Fines and Penalties.

(a)

When the Director of Public Works finds that a person, property owner or user has violated, or continues to violate, any provision of this Chapter, the Agreement for the Delivery and Use of Reclaimed Water, or order issued hereunder, the Director of Public Works may fine such party in an amount not to exceed five hundred dollars ($500.00) per violation. Such fines shall be assessed on a per violation, per day basis during the period of the violation.

(b)

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month until fully paid. A levy may be sought by the City against the user's property for unpaid fees, charges, fines, and penalties.

(c)

Users desiring to dispute such fines must file a written request for the Director of Public Works to reconsider the fine within fifteen (15) calendar days of receipt of notice of the fine. Where a request has merit, the Director of Public Works may convene a hearing on the matter. The Director of Public works may add the costs of preparing administrative enforcement actions, such as the Notice of Violation, to the fine.

(d)

Issuance of an administrative fine shall not preclude, or be a prerequisite for, taking any other action against the user.

8.

Criminal Prosecution.

(a)

Any person, property owner or user who willfully or negligently introduces any substance into the public potable or reclaimed water system which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor in accordance with Section 1.08 of the City Code. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

(b)

Any person, property owner or user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, the Agreement for the Delivery and Use of Reclaimed Water, or any order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required under this Chapter shall, upon conviction, be guilty of a misdemeanor and shall be punishable pursuant to Section 1.08 of the City Code.

9.

Remedies Nonexclusive. The remedies provided in this Chapter are not exclusive. The Director of Public Works may take any, all, or any combination of these actions against a noncompliant person, property owner or user, as the circumstances may warrant.

10.

Liability Insurance. The Director of Public Works may decline to provide reclaimed water service to any non-individual residential or nonresidential property owner or user who has failed to comply with any provision of this Chapter, the Agreement for Delivery and Use of Reclaimed Water, any order issued hereunder, or any other standard or requirement, unless the property owner or user first submits proof that it has obtained financial assurances in an amount and form acceptable to the City sufficient to restore or repair damage to either the potable or reclaimed water system caused by the operation of the non-individual residential or nonresidential property owner or user's reclaimed water system.

11.

Public Nuisances. A violation of any provision of this Chapter, the Agreement for the Delivery and Use of Reclaimed Water, any order issued hereunder, or any applicable state and federal requirement for reclaimed water service is hereby declared a public nuisance and shall be corrected or abated in accordance with the requirements set forth by the Director of Public Works. Any person(s) creating a public nuisance shall be subject to the provisions of this Chapter, governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said public nuisance.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.13. - User Service Rates, Fees and Billing Procedures.

1.

Intent and Purpose. The intent of this section shall be to establish user service rates, fees, applicable charges and billing procedures for the purpose of recovering costs incurred by the City for providing reclaimed water service as part of the effort to conserve water resources and extending the reclaimed water system to users within the designated reuse service area. The fees shall be computed on the basis of the volume of reclaimed water used and the size of the facilities and in approximate proportion to the benefits received by respective property owners or users.

2.

Authority.

(a)

The City Council shall have the exclusive authority, after publication of notice and public hearings in accordance with Florida Statutes, to establish user service rates, fees and other applicable charges for reclaimed water service; and to provide terms and conditions for the payment and collection of such fees and charges, including late payment interest, fees and charges.

(b)

The City shall reserve the right at all times to levy and to impose fees or other charges for reclaimed water service and for enforcement of the provisions as prescribed by this Chapter for such service on any real property which benefits from said utilities that are owned and operated by the City.

3.

Exemptions. Except as may be expressly authorized by City Council in the Agreement for Delivery and Use of Reclaimed Water or pre-existing contracts between the property owner or user and the City, no property owner or user shall be exempt by virtue of ownership from payment of the user service or service connection fees as prescribed by this Chapter.

4.

User Service Classifications. Uniform service classifications for users of the reclaimed water system are hereby established as follows:

(a)

Residential, Single Family. All residential structures, including mobile homes, containing one dwelling unit that are not connected in any manner to a commercial establishment.

(b)

Residential, Multi-Families. All residential structures containing two or more dwelling units and includes, but not limited to, duplexes, triplexes, quadraplexes, condominiums, apartments, mobile homes parks and travel trailer parks, may be served with either an individual or a master meter.

(c)

Agricultural. Nonresidential operations and properties involved in food production, golf courses, landscaping, plant nurseries or similar operations; and that are required to install an individual service connection and have an individual or master meter.

(d)

Commercial. Non-residential structures and properties that include, but are not limited to, rooming houses, hotels/motels, camp grounds, retail and wholesale sales operations, office buildings, shopping centers, warehouses, bakeries, vending operations, laundries, retirement, assisted living or nursing homes, restaurants, and other related service operations; and that are required to install an individual service connection and have either an individual or master meter.

(e)

Industrial. Nonresidential structures and property that serve as manufacturing, production, chemical, food processing, and similar types of operations or facilities; and that are required to install an individual service connection and have an individual or master meter.

(f)

Institutional. Nonresidential structures and property that include, but not limited to, hospitals, schools, universities, churches, public parks or recreational areas, prisons, government agencies or facilities, or municipalities; and that are required to install an individual service connection and have an individual or master meter.

(g)

Unmetered. Property owners or users with reclaimed water service that do not have a flow measurement device. Receiving reclaimed water service without a flow measurement device shall require prior written approval from the Director of Public Works.

(h)

Wholesale Service. Municipalities, other political subdivisions or very large agricultural, commercial, industrial or institutional users that receive reclaimed water in accordance with an Agreement for the Delivery and Use of Reclaimed Water. Municipalities and other political subdivisions may be allowed to resell the reclaimed water to those customers within their jurisdiction not otherwise served by an already existing agreement with the City.

5.

User Service Rates and Fees. The uniform schedule of user service rates and fees, as adopted by the City Council for reclaimed water service, including bulk water sales to other public or private utilities, is hereby established as follows:

(a)

Retail rate*

$0.81 per thousand gallons of metered reclaimed water usage

(b)

Bulk rate, pressure service**

$0.69 per thousand gallons of metered reclaimed water usage

(c)

Bulk rate, pressure service, interruptible***

RESERVED

(d)

Bulk rate, no pressure service****

RESERVED

(e)

Bulk rate, no pressure service, interruptible*****

RESERVED

(f)

Wholesale rate

Wholesale rates shall be determined on an individual basis and shall be included in an agreement for service as approved by City Council.

(g)

Backflow prevention inspection $35 per inspection event. All service classifications shall be inspected at least annually.

(h)

Reclaimed water meter installation charges

Installation charges for reclaimed water irrigation meters shall be identical to the then current charge established by the Orlando Utilities Commission for installation of potable water irrigation meters. The Orlando Utilities Commission may charge an administrative fee in addition to the meter installation charge.

*"Retail" customers shall include all service classifications, other than wholesale, with reclaimed water meters less than 2" in size

**"Bulk, pressure required" customers shall include all service classifications, other than wholesale, with reclaimed water meters 2" and greater in size that utilize the City reclaimed water system pressure to pressurize their irrigation system

***"Bulk, pressure required, interruptible" customers shall include all service classifications, other than wholesale, with reclaimed water meters 2" and greater in size that utilize the City reclaimed water system pressure to pressurize their irrigation system. The term "interruptible" means that the customer has available a qualified backup water source for irrigation, approved by the City, such as a well or stormwater pond and would agree to use the backup water source(s) upon direction by the City during a reclaimed water shortage due to demand or for other reasons.

****"Bulk, no pressure" customers shall include all service classifications, other than wholesale, with reclaimed water meters 2" and greater in size that do not utilize the City reclaimed water system pressure to pressurize their irrigation system, either through discharge to a holding pond or through the onsite application of pressure through a mechanical device.

*****"Bulk, no pressure, interruptible" customers shall include all service classifications, other than wholesale, with reclaimed water meters 2" and greater in size that do not utilize the City reclaimed water system pressure to pressurize their irrigation system, either through discharge to a holding pond or through the onsite application of pressure through a mechanical device. The term "interruptible" means that the customer has available a qualified backup water source for irrigation, approved by the City, such as a well or stormwater pond and would agree to use the backup water source(s) upon direction by the City during a reclaimed water shortage due to demand or for other reasons.

6.

Accounts, Billing and Payment Procedures. The Director of Public Works shall include all reclaimed water service charges and related fees on the monthly utility billing statement as prescribed in this Chapter. Payment in full of the charges and fees, as prescribed herein by the property owner or user shall be required prior to connection to the City's reclaimed water system, except as follows: (RESERVED)

7.

Discontinuance of Service for Nonpayment.

(a)

The Director of Public Works may discontinue reclaimed water service to any user or property owner for non-payment of, but not limited to, charges for reclaimed, potable or waste water service, reconnection or restoration of service, assessments, penalties, damages, or other outstanding fees.

(b)

If a user or property owner restores reclaimed water service that has been discontinued for nonpayment without authorization, then the Director of Public Works shall terminate reclaimed water service and shall remove the reclaimed water service connection. The user or property owner shall pay all charges related to termination of service and removal of the service connection in accordance with this Chapter.

(Ord. of 5-6-2002, Doc. #020506702; Ord. of 12-2-2002, § 1, Doc. #021202701)

Sec. 32.14. - Miscellaneous Provisions.

1.

Required Water Connection. Except as may be expressly authorized otherwise by the Director of Public Works, the City's reclaimed water system shall not be extended to serve any parcel or structure, unless such property or structure is properly connected to a municipal or centralized private potable water system.

2.

Customer User Participation. Where the City has denied the extension of the reclaimed water system, the City may subsequently authorize such extension and may assess up to one hundred (100) percent of the cost of such improvements upon the abutting real estate by Ordinance that has been published and adopted as provided by law; or whenever the owners of fifty-one (51) percent of the front footage of the above real estate shall petition for such improvement; such assessment shall be in accordance with Chapter II of Chapter 8 of the Charter of the City.

3.

Voluntary Payment. Where the City decides against extending the reclaimed water system, the owner(s) of the property to be benefited may voluntarily agree to pay in part or in full, the amount necessary for the extension of the reclaimed water system. Upon recommendation of the Public Works Director, the City Council may authorize an extension based on what is commonly called the "pioneer method" wherein the pioneer applicant desirous of service extends or provides the City with funds sufficient to cover the cost of the extension of reclaimed water service, less such portion of the cost, if any, which the City may elect to absorb. At such time, not to exceed a period of ten (10) years from completion of the extension, as additional users avail themselves of the service provided by the pioneer extension, then the pioneer applicant shall receive from the City the pro-rata amount of the total cost which the City collects from the new user for extension of the reclaimed water system, not to exceed the amount originally paid by the pioneer applicant, less the normal charge for the extension of the pioneer applicant's service connection. Where the City has contributed to the pioneer extension, the amounts received from additional users shall be divided between the City and the pioneer on a proportionate basis determined by the size of the City's and the pioneer's respective contributions. Where utilized, details relating to implementation of the pioneer method shall be set forth in a written instrument executed by the pioneer applicant and the City.

4.

Future Regulations. Users of the reclaimed water system shall observe and comply with any and all present and future federal, State and local laws, rules, regulations, requirements, ordinances, orders, mandatory guidelines and procedures which apply or pertain to the cross-connection control program and the reclaimed water system.

5.

Applicable Regulations and Limitations. State requirements and limitations on reclaimed water and reuse shall apply in any case where they are more stringent than Federal requirements and limitations, or those set forth in any Agreement for the Delivery and Use of Reclaimed Water or permit, the Reclaimed Water Standards Manual and this Chapter.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.15. - Conflict.

All parts of the City Code and resolutions, that are inconsistent or conflict with any part of this Chapter, are hereby repealed to the extent of such conflict or inconsistency.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.16. - Severability.

If any court of competent jurisdiction invalidates any provision of this Chapter, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 32.17. - Right of Revision.

The City reserves the right to establish more stringent standards, limitations or requirements by ordinance, in the Agreement for the Delivery and Use of Reclaimed Water or permit conditions, or in the Reclaimed Water Standards Manual, for reclaimed water service, connections to the reclaimed water system, or any resultant uses of reclaimed water, as allowed by State or federal regulatory agencies, and in accordance with applicable regulations and statutes.

All affected parties are assumed to know and to comply with all State and federal rules, requirements, and guidelines including, but not limited to, the development, promulgation, and application of such regulations, the appropriate use of reclaimed water, monitoring and reporting requirements, and enforcement response.

(Ord. of 5-6-2002, Doc. #020506702)

Sec. 31A.26. - Penalties. Chapter 33 - ALCOHOLIC BEVERAGES