AGENDA MEMORANDUM

 

 

Meeting Date:           June 13, 2011

 

From:                          Darel W. Craine, Deputy Director, Environmental Services

 

Subject:                      First reading of an Oordinance creating an Alternative Water Supply Program

 

 

Staff Recommendation:

Staff recommends approval of the Alternative Water Supply Program..

 

 

 

Analysis:

The consumptive use permit issued by Saint Johns River Water Management District which allows the City of Leesburg to utilize ground water and other sources of water to provide water supply to its water utility customers requires that the city to adopt a program and regulations for the provision and use of water emanating from alternative sources.  To serve It is in the best interests of the public health and welfare, that the City needs to adopts such a program, both to fulfill the requirements of its consumptive use permit, and to encourage the conservation of water as a valuable and scarce resource.

 

 

 

Options:

1.  Adopt the ordinance

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impactnone  ???

There is no fiscal impact on the Water fund.

 

 

Submission Date and Time:    6/22/2011 5:58 PM6/3/2011 7:12 AM6/2/2011 5:25 PM5/31/2011 4:46 PM____

 

Department:  Environmental Services__

Prepared by:  _Darel Craine_                     

Attachments:         Yes__x__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_x__  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. _______JB___________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO.                                    

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, CREATING SECTION 22 – 155 IN CHAPTER 22, ARTICLE IV OF THE CODE OF ORDINANCES, PERTAINING TO ALTERNATIVE WATER SUPPLIES; PROVIDING DEFINITIONS; CREATING AN ALTERNATIVE WATER SUPPLY PROGRAM;  PROVIDING FOR FEES AND CHARGES FOR THE USE OF ALTERNATIVE WATER SUPPLIES; ESTABLISHING PROCEDURES AND REGULATIONS GOVERNING THE ALTERNATIVE WATER SUPPLY PROGRAM; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, the Consumptive Use Permit which allows the City of Leesburg to utilize groundwater and other sources of water to provide for a public water supply to its water utility customers requires that the City adopt a program and regulations for the provision and use of water emanating from alternative water sources, and

 

            WHEREAS, it is in the best interests of the public health and welfare that the City adopt such a program, both to fulfill the requirements of its Consumptive Use Permit, and to encourage the conservation of water as a valuable and scarce resource, and

 

            WHEREAS, the City Commission has determined that the provisions of this Ordinance are necessary and desirable for the purposes expressed above,

 

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I. 

 

The City Commission of the City of Leesburg, Florida, hereby creates §22 – 155 in Chapter 22, Article IV of its Code of Ordinances, to read as set forth below:

 

Section 22 – 155.        Alternative Water Supply Program

 

            A.        Purpose. The purpose of this Ordinance is to establish an Alternative Water Supply Program and establish regulations, procedures and fees associated with this program.  This also includes providing definitions; establishing authority and enforcement; compliance; and an effective date for the implementation of the program.

 

            B.         Definitions.   The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Alternative Water Supply: means salt water; brackish surface and groundwater; surface water captured predominantly during wet-weather flows; sources made available through the addition of new storage capacity for surface or groundwater; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as nontraditional for a water supply planning region in the applicable regional water supply plan.

 

Augmentation Water: means water from an additional source, such as, stormwater retention ponds, surface water, brackish water, groundwater or from an approved wetland and blended with the final effluent of a City wastewater treatment plant

 

Backflow device: means either a dual check device composed of two single independently active check valves, as described in the American Water Works Association Standard C506-78 (R83), and the American Society of Sanitary Engineering Standard 1024, and/or a reduced pressure principle device, as described in the American Water Works Association Standard C506-78 (R83), and/or the American Society of Sanitary Engineering Standard 1013. 

 

Billing: means the charge made for alternative water supply service. The charge shall be included on the monthly utility bill. 

 

Charges: means those charges set by the City Commission for costs of providing service, pursuant to this ordinance. 

 

Cross connection: refers to any physical connection or arrangement which would allow the movement of contaminants or fluids between any non-potable water system, such as the alternative water supply system, and a potable water system. 

 

Customer: means the actual user of the alternative water supply system. 

 

DEP: means the Florida Department of Environmental Protection, or its successor in function. 

 

Department:  means the Environmental Services department of the City or its successor in function. 

 

Development:  means a material change in the use or character of the land, including but not limited to the placement of any structure or substantial alteration on the land. 

 

Director:  means the Director of the Environmental Services Department of the City or successor in title. 

 

Discontinuation of service:  means cessation of a service by physical separation from the system's service lines to ensure that no service can be received. 

 

PE:  means polyethylene. 

 

Public eating, drinking, bathing facility:  means water fountains, picnic tables, swimming pools, spas, and food service facilities, such as tables and beverage counters that are open to and provide service for the public. 

 

PVC:  means polyvinyl chloride. 

 

Reclaimed water:  means treated effluent from a City wastewater treatment plant supplied through the reclaimed water distribution system. 

 

Reclaimed water reuse system:  means those reclaimed water mains, lines, fittings, valves and appurtenances installed in public rights-of-way or utility easements, which are owned by the City. 

 

Service valve: means the manually operated valve which controls total reclaimed water flow to the customer's property located at the point where the alternative water supply service line crosses the property line. 

 

Well:  means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of groundwater. 

 

            C.         Integration of Alternative Water Supply.   This ordinance establishes that the City's existing utility will be expanded to include alternative water supply services, if feasible, and allocates responsibilities for facilities owned by the City.

 

            D.        Program Created.     There is hereby created an alternative water supply and reclaimed water reuse program for the City. The purposes of the program are to utilize highly treated reclaimed wastewater and other alternative water supply sources within the City for environmentally suitable purposes and to conserve groundwater supplies for future generations by minimizing the use of potable water from groundwater sources by appropriate uses of alternative water supplies. The City has elected to create an alternative water supply program in order to reduce demand on the potable water system through reuse/disposal of highly treated reclaimed water by land application or other suitable purposes.

 

            E.        Compliance With State Regulations.          The construction, maintenance and use of the alternative water supply system shall be in accordance with the provisions of F.A.C. 62-610, as amended, or any successor or replacement regulations pertaining to alternative water supply systems. If any of the provisions of that chapter are more restrictive than the provisions of this code, the applicable provisions of F.A.C. 62-610 shall prevail.

 

F.         Promulgation of Regulations.         The City Manager or designee shall have the power to promulgate procedures and regulations with respect to the following matters, which procedures and regulations shall become effective upon a resolution approving such procedures and regulations being adopted by the City Commission:

 

            (1)        Application procedures, forms and requirements, and allowable uses other than irrigation. All uses must be in accordance with applicable State of Florida  regulations.

 

            (2)        Installation requirements, including specification of acceptable materials, devices and regulations to prevent backflow or cross connections with other systems.

 

            (3)        Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water, including procedures for inspection of the customer's system.

 

            (4)        Procedures for the orderly expansion of the alternative water supply system.

 

            (5)        Procedures and regulations for the efficient operation of the alternative water supply system.

           

            G. Restrictions on Use of Alternative Water Supply.        No person shall construct, operate, maintain or allow to remain present on property owned or controlled by him any device or system which is connected to or which controls a device or system connected to the City's alternative water supply system and which is not in compliance with all provisions of this ordinance, and applicable State of Florida regulations related to alternative water, and with all procedures and regulations promulgated pursuant to this section. Alternative water shall not be directed or piped into any residence or commercial building. The City is authorized to enter upon any property where a non – complying device or system is located and to remove such device or system, or secure it so that it can no longer be utilized in violation of this ordinance or applicable State regulations. The person who owns or controls the property upon which such a non-complying device or system is found shall be liable to the City for the amount by which the costs associated with the securing and/or removal of the non-complying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the non-complying device or system is located, which shall take priority as of the date a notice of such lien is recorded in the Public Records of Lake County, Florida. .

 

            H.        Discontinuance of Service Authorized.     Any customer whose alternative water supply system is in violation of any City or State of Florida ordinance, regulation or procedure shall be subject to immediate discontinuance of alternative water supply service. The City shall disconnect alternative water supply service to any user due to tampering with any service, for the presence of plumbing cross connections with any other water source, nonpayment of bills, or for any other reason which is deemed by the City to be detrimental to the system. The City shall disconnect service until the condition is corrected and all costs due the City are paid. These costs shall include delinquent billings, disconnection and reconnection charges, and payment for any damage caused to the system. At no time during the period of disconnection shall the monthly service charges be abated. Should service be turned on without authorization, the City  shall remove the service and the violator shall be subject to section 22 – 213 of this Code. The City shall have the authority to lien the real property of any user for nonpayment, by filing a notice of such lien in the Public Records of Lake County, Florida; and if the nonpayment continues for a period of three months following the recording of the lien, the City shall have the right to foreclose the lien. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution.

 

            I.          Existing Wells.          Upon being connected to the City's alternative water supply system, any existing wells on the subject property shall not continue to be used for irrigation and shall be disconnected from the irrigation system.

 

            J.          Easements.    . This provision shall not be construed to entitle any person to cross the property of another to make such connections. All connections and associated infrastructure shall be placed within duly dedicated public easements or within private easements as to which the customer has the legal right to utilize the easement for this purpose.

 

            K.        Fees and Charges.                Any user of the alternative water supply system shall pay to have the alternative water supply system and connection installed. Once the service is connected, the user shall pay a minimum monthly availability charge and a usage charge. These charges will be set by resolution of the City Commission, and are on file in the City Clerk's office.

 

            2.         Bills for alternative water supply service shall be rendered as a part of the regular City bill for utility services.

 

            3.         For purposes of this section, an alternative water availability charge is a charge established by the City Commission for the availability of alternative water supply service provided by the City to a property. Alternative water supply service is deemed available to a property if an alternative water meter is located at the property regardless of whether the property is actively receiving alternative water supply service. The charge shall be billed in the City utility bill of the consumer for those accounts which are actively receiving alternative water supply service and in a utility bill to the owner of the property for those properties not actively receiving alternative water supply service.

 

            L.         Location of City Facilities. No facilities will be installed under the provisions outlined in this ordinance nor will any such facilities be  accepted by the City for maintenance, unless they are located wholly within a dedicated public right-of-way or dedicated public easement. Any new easement shall be adequately sized as approved by the Utility Director to accommodate construction and maintenance of any alternative water supply system component. No obstruction of whatever kind shall be planned, built or otherwise created within the limits of the easement or right-of-way without written permission of the Utility Director.

            M         Ownership of System.          All alternative water facilities and appurtenances within dedicated public easements, when constructed or accepted by the City shall become and remain the property of the City. No person shall, by construction of facilities accepted by the City, acquire any interest or right in any of these facilities or any portion of such facilities, other than the privilege of having their property connected for alternative water service in accordance with this ordinance.


            N.        Right to Refuse Service.       The City shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of alternative water, lack of payment of required service charge, or for any other reason which, in the judgment of the Director (as constrained by the provisions of this or any other applicable City ordinance), will cause the extension not to be to the benefit of the City.

 

            O.        Interruption of Service.        The City reserves the right to discontinue service temporarily to any portion of, or the entire, alternative water supply system as deemed necessary by the Environmental Services Director.

 

            The Environmental Services Director shall have the authority to establish schedules to control the use of the water reuse system in order to reduce maximum pressure demands on the system and to regulate usage of reused water to balance with supply and storage availability.

 

            P.         Cross Connections.   Prior to connecting a user to the alternative water supply system, the public potable water supply shall be protected by installation, at the user's expense, of an approved cross connection control assembly.

 

            Q.        Unauthorized Work on System.      No person, unless expressly authorized by the Environmental Services Director or his designee, shall tamper with, work on, or in any way alter or damage any City alternative water facility. Tampering or work shall include but is not limited to opening or closing of valves, or causing of any water to flow from the system. No unauthorized person shall cut into or make any connection with the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal expenses; but payment of or correcting of such damage shall not relieve the offending person from civil or criminal penalties the City or a court of law may impose for a violation of a City ordinance.

 

The service valve located between the alternative water customer's irrigation system and the City's distribution system may be operated by the customer only when his private valve, required on the customer's premises, requires repair.


            R.         Inspections.   To ensure that all provisions of City ordinances, regulations and procedures are being observed, the City reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the alternative water.

 

            (1)   Inspections without cause to believe that an ordinance or regulation is being violated shall be at reasonable times and shall not exceed a reasonable frequency.

 

            (2)   Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated.

 

            (3)        Each customer of alternative water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection and any right to refuse entry. Failure of the City to obtain such a written waiver shall not affect the right of the City to proceed pursuant to subsections (1) and (2) of this section.

 

            (4)        Refusing to permit an authorized City agent or employee to enter onto the premises for the purpose of inspecting the customer's alternative water supply system pursuant to this section shall constitute a violation of this section and shall be grounds for immediate discontinuance of the alternative water supply service by the City to the subject premises.

 

            S.         New Subdivisions.    The following provisions shall govern installation of alternative water supplies in new subdivisions:

 

            1.         Minimum service requirements.   

 

            (a)   All new subdivisions located within the existing City Utility Service Area shall construct alternative water mains to provide irrigation and other non-potable service to all lots based on the projected amount of property to be irrigated, as well as other potential non-potable uses, including common elements. Alternative water supply service including required back flow prevention devices and taps shall be installed for each lot, with a minimum service tap size of three-fourths inch in diameter. Actual service tap size and potential sharing of service lines shall be reviewed and approved. These improvements shall be completed and in place regardless of whether City alternative water is available to the project at the time of development. At such time as City alternative water is available each lot and other property to which a tap was required shall accept City alternative water supply service.

 

            (b)   Site development plans for all new development on previously vacant property where the City alternative water lines adjoin the property shall show irrigation systems connected to alternative water mains where available. Where such service is not currently available, site plans shall show irrigation systems which shall be configured for ultimate connection to alternative water mains by locating pumps or potable water system connections adjacent to the right-of-way or other planned alternative water main location.

 

            (c)   Alternative Water Supply Systems shall be required within all subdivisions receiving final plat approval after the date which is 60 days following the effective date of this Ordinance.

 

            2.         Existing Landscape Irrigation System.  Existing landscape irrigation system located within the City shall accept City alternative water supply service when available as follows:

 

            (a)        If the existing irrigation system on such property is using City potable water for irrigation the property shall connect to the City's alternative water supply service when available.

 

            (b)        If the existing irrigation system on such property is using a private well located on the property or lake water for irrigation then such property shall connect to the City's alternative water supply service when available.

 

            (c)        No new irrigation system for landscaping use shall be allowed in the City unless it connects to the City's alternative water lines if such lines are available to the property seeking irrigation.

 

            3.         System design.  The layout of alternative water supply systems shall comply with the following design criteria and the adopted standard utility details of the City: 

 

            4.         General standards.  Design and installation practices, materials and methods shall conform with requirements for potable water systems, except where specifically modified by policies or details adopted for the alternative water supply system. 

 

            5.         Main size.  Mains shall be sized based on the anticipated demand for alternative water use based on land use, soil characteristics and potential non-irrigation use. Minimum main size shall be six inches in diameter. 

 

            6.         Extension of lines to project boundaries.  Alternative water mains shall be designed to stub out to the project boundaries to serve adjacent unserved properties. This shall include mains in all rights-of-way, across the entire project frontage on existing roads without existing mains, and to the property boundary via easement when no other access is available to unserved properties. 

 

            7.         Color coding of alternative water appurtenances.  All alternative water supply materials shall be color coded purple from the manufacturer.

 

            8.         Availability.  Availability shall mean the City having sufficient capacity to provide service to a subject property and the alternative water lines being physically located within 120 feet of the subject property. 

SECTION II.

 

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION III.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION IV.

 

Headings in this Ordinance are for informational purposes only and shall not be utilized or referred to for any purpose in the interpretation of this Ordinance.

 

SECTION V.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

            PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                   day of                                     , 2011.

 

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

 

 

Attest:                                                                        

            CITY CLERK