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Item S3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2002 Division: County Attorney AGENDA ITEM WORDING: Public hearing on an Ordinance relating to the provision of wastewater services, facilities, and programs by FKAA in all areas where FKAA has wastewater jurisdiction in Monroe County. This Ordinance is requested by the FKAA. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: ' Adoption of Ordinance 004-2000, which provided that the owner of an on -site sewage treatment and disposal system must connect to a sewerage system within 30 days of notification from the owner of the sewerage system that the system is available; authorizing payment of connection fees over a 3 year period, or over a 5 year period if certain hardship conditions are met; providing for penalties. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: BOCC to hold a public hearing. TOTAL COST: BUDGETED: Yes ❑ No ❑ COST TO COUNTY: APPROVED BY: County Attorney ■ OMB/Purchasing 0 Risk Management ❑ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ❑ To Follow ❑ Not Required ❑ AGENDA ITEM # r-5u NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, July 17, 2002 at 3:00 PM at the Harvey Government Center - Truman School, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE RELATING TO THE PROVISION OF WASTEWATER SERVICES, FACILITIES, AND PROGRAMS BY THE FLORIDA KEYS AQUEDUCT AUTHORITY; REQUIRING CONNECTION TO FLORIDA KEYS AQUEDUCT WASTEWATER FACILITIES WHEN. ,AVAILABLE; PROVIDING FOR DEFINITION OF "ONSITE SEWAGE TREATMENT DISPOSAL SYSTEMS" AND OTHER DEFINITIONS; PROVIDING FOR AND AMENDING ORDINANCE NO. 04-2000 TO Be EFFECTIVE IN ALL AREAS WITHIN MONROE COUNTY IN WHICH THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AUTHORIZED TO PROVIDE WASTEWATER SERVICES, FACILITIES AND PROGRAMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 2nd day of July, 2002. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County (SEAL) Commissioners of Monroe County, Florida Publication dates Reporter 7/5 - 12 Keynoter 7/6 - 13 Citizen 7/7 - 14 ORDINANCE NO. - 2002 AN ORDINANCE RELATING TO THE PROVISION OF WASTEWATER SERVICES, FACILITIES, AND PROGRAMS BY THE FLORIDA KEYS AQUEDUCT AUTHORITY; REQUIRING CONNECTION TO FLORIDA KEYS AQUEDUCT WASTEWATER FACILITIES WHEN AVAILABLE; PROVIDING FOR DEFINITION OF "ONSITE SEWAGE TREATMENT DISPOSAL SYSTEMS" AND OTHER DEFINITIONS; PROVIDING FOR AND AMENDING ORDINANCE NO. 04-2000 TO BE EFFECTIVE IN ALL AREAS WITHIN MONROE COUNTY IN WHICH THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AUTHORIZED TO PROVIDE WASTEWATER SERVICES, FACILITIES AND PROGRAMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Authority" means the Florida Keys Aqueduct Authority. "Available" as applied to a governmentally owned sewerage system owned by the Authority, means that the governmentally owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and, unless determined otherwise by a court of competent jurisdiction: (1) For a residential subdivision lot, a single-family residence, or non- residential establishment or Building, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection, exists in a public easement or right-of-way that abuts or is within 250 feet the property line of the lot, residence, establishment or Building; (2) For any residential or non-residential establishment, Building or development with an estimated combined sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station exists in a public easement or right-of- way that abuts the property line of the establishment, Building or development, is within 500 feet of the property line thereof as accessed via existing right-of-way or easements; (3) For proposed residential subdivisions with more than 50 lots, for proposed non-residential subdivisions with more than 5 lots, and for areas zoned or used for an industrial manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the property line of the development or Building as measured and accessed via existing easement or right-of-way; or, (4) For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within 500 feet of such establishment's, Building's or development's sewer stub -out or property line as measured and accessed via existing right-of-way or easements; "Blackwater" means that part of domestic sewage carried off by toilets, urinals, and kitchen drains. "Boat Slip/Dock/Berth" means a slip, dock or berth bordered by a seawall, or a fixed or floating pier used for mooring or docking boats, houseboats, barges, or other types of floating modules or vessels used for or capable of being used for residential, or non-residential use at either marina facilities or on private waterways. "Building" means any Premises or structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the water, wastewater and/or reclaimed water utility system operated by the Authority. This term includes trailers, mobile homes, Boat Slip/Dock/Berth, or any vehicle serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. "Building Permit" means an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. The term "Building Permit" also includes tie -down permits or other similar authorizations for those structures or Buildings, such as a mobile home or a Boat Slip/Dock/Berth, that does not otherwise require a Building Permit in order to be occupied. "Domestic Sewage" means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a residence or establishment. "Graywater" means that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste. "Onsite Sewage Treatment and Disposal System" means a system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a closing tank; a solids or effluent pump; a waterless, incinerating, or organic waste -composting toilet; a sanitary pit privy that is installed or proposed to be installed beyond the Building on land of the owner or on other land to which the owner has the legal right to install a system; and package sewage treatment facilities, including those facilities that are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal. As used in this definition the reference to "package sewage treatment facilities" shall include any wastewater treatment facility permitted for operation by the Florida Department of Environmental Protection, or its successor in function. "Ordinance" means this Florida Keys Aqueduct Authority Wastewater Facilities Use Ordinance. "Owner" means a Person who is the record Owner of any Premises, or any Person claiming by through or under such Person. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Premises" means any and all real property and tangible personal property affixed to real property served or capable of being served by the Authority. SECTION 2. INTERPRETATION; CONSTRUCTION. , , , (A) Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. (B) The adoption of this Ordinance is done at the request of the Authority in furtherance of an Interlocal Agreement between the County and the Authority. SECTION 3. AUTHORITY AND PURPOSE. (A) Pursuant to Section 4, Chapter 99-395, Laws of Florida, the County is expressly authorized to enact certain provisions of this Ordinance: (1) requiring connection to Authority wastewater facilities and (2) providing for the use of certain definitions relating to on -site sewage treatment and disposal systems. (B) Pursuant to Chapter 76-441, Laws of Florida, as amended, the Authority has exclusive jurisdiction over the administration, maintenance, development and provision of wastewater services within certain incorporated and unincorporated areas of Monroe County; the adoption of this Ordinance has been requested and pre - approved by the Authority. SECTION 4. CONNECTION TO AUTHORITY FACILITIES; FINDINGS. It is hereby ascertained, determined, and declared that: (A) The Florida Legislature has identified the Florida Keys as an area of critical state concern; pollution and questionable water quality resulting from the absence of adequate wastewater treatment throughout the Florida Keys is a threat to the environment and the health, safety and welfare of landowners and Persons inhabiting the Florida Keys. (B) The Florida Legislature has charged the Authority with the responsibility to plan and provide for water and sewer systems within the Florida Keys and to enforce the use of its wastewater facilities whenever and wherever they are accessible. (C) The Florida Legislature has empowered the Authority to both prohibit the use of and mandate the use of wastewater facilities within the Florida Keys. (D) The Florida Legislature has authorized the County to enact local legislation that: (1) requires connection to a central sewerage system within specified time periods; and (2) provides a definition of on -site sewage treatment and disposal systems that does not exclude package sewage treatment facilities even if facilities are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal. (E) The Authority has embarked upon the creation of a wastewater system to equitably, ecologically and economically manage wastewater and improve water quality in the Florida Keys. The presence of the Authority's wastewater facilities will enhance and benefit the environment and the health, safety -and general welfare of landowners and Persons inhabiting the Florida Keys. (F) Mandatory connection to the Authority's wastewater facilities is fundamental to the successful financing, creation and operation of the Authority's wastewater systems. mandatory connection to a governmental utility system and the subsequent charges flowing therefrom have long been held to be a proper exercise of the governmental power to regulate and protect the welfare of the public. SECTION S. MANDATORY CONNECTION TO AUTHORITY FACILITIES. (A) The Owner of an improved parcel of land or Premises shall, at the Owner's expense, connect any On -Site Sewage Treatment and Disposal System (including decommissioning any such On -Site Sewage Treatment and Disposal System and connection of the collection facilities served thereby to the Authority's wastewater system) and or a Building's plumbing to the Authority's wastewater system upon written notification that the Authority's wastewater facilities are available for connection. Connection shall occur within thirty (30) days of notice of availability of services, or as otherwise provided by law. (B) No less than one (1) year prior to the date the Authority's wastewater system is expected to become available, the Authority shall be responsible for notifying the affected Owners of the anticipated availability of such wastewater facilities and such Owners shall be required to connect, at their expense, to the Authority's wastewater facilities within thirty (30) days of actual availability, or as otherwise may be provided by law. Failure to timely provide such notice or failure of any individual Owner to timely receive such notice shall not serve as a bar to enforcement of mandatory connection by the Authority. (C) All connections shall be consistent with and governed by the Authority's agreement for service provisions and all other applicable Authority rules and regulations relating to water and wastewater and the provision thereof. (D) In the event an Owner fails or refuses to timely connect the Premises any On -Site Disposal System and/or a Building to the Authority wastewater facilities within the time prescribed herein, or by state and/or local rules and regulations, the Authority may seek and employ any legally available remedy to cause the installation of the on -site wastewater facilities necessary to effectuate the connection of the Premises to the Authority's wastewater system. (E) In the event the County or the Authority is required to seek a writ or order, or otherwise litigate any action compelling connection, all costs of such action experienced by the County and or the Authority, including attorney fees and court costs, may be assessed to the Owner. SECTION 6. AMENDMENT TO ORDINANCE 04-2000. Section 6 of Ordinance 004-2000 is hereby supplemented to add the following: Notwithstanding any provision herein or in the Code of Monroe County to the contrary, the provisions of this Ordinance shall be deemed to be effective as to the Florida Keys Aqueduct Authority, and wastewater systems or facilities owned by thq Florida Keys Aqueduct Authority, in all areas of Monroe County in which the Florida Keys Aqueduct Authority is authorized by law to provide wastewater services and facilities. SECTION 7. ENFORCEMENT. Violations of this Ordinance maybe prosecuted before the Code Enforcement Special Master (or Board) as authorized by Chapter 63, Article I, Monroe County Code, and Chapter 162, Part I, Florida Statutes, by a notice to appear issued under Chapter 53, Article II, and Chapter 162, Part II, and Section 125.69(2), Florida Statutes, or Chapter 76-435, Laws of Florida, by prosecution as a second degree misdemeanor pursuant to Section 125.69(1), Florida Statutes, or by any other method authorized by law for assuring compliance with the terms of this Ordinance including suits for injunctive relief. SECTION 8. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 9. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of Monroe County and the Florida Keys, shall be liberally construed to effect the purposes hereof. SECTION 10. APPLICABILITY; INCLUSION IN CODE. (A) Notwithstanding any provision otherwise in the Code, this Ordinance shall be effective in any area of Monroe County, Florida, that the Authority is authorized or empowered by law to provide wastewater services and facilities. (B) The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND APPROVED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of July, 2002. Mayor McCoy Mayor Pro Tern Spehar Commissioner Nelson Commissioner Neugent Commissioner Jimenez (SEAL) Attest: DANNY L.KOLHAGE, Clerk By Deputy Clerk JdordFKAAhookup7.2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson APPROVED AS TO FORM i. jLEAGA SER © Z