Item N8 N.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: N.8
Agenda Item Summary #5334
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Approval to advertise public hearing regarding adoption of
ordinance revising Chapter 20, Articles III, IV, and V of the Monroe County Code, dealing with
mandatory connection and connection standards for properties located within wastewater systems in
unincorporated Monroe County.
ITEM BACKGROUND: On June 18, 1999, Governor Jeb Bush signed into law Chapter Law 99-
395, Laws of Florida, which set Monroe County on the path to establishing a central wastewater
system by (a) establishing maximum acceptable nutrient levels for sewage treatment facilities and
onsite sewage treatment and disposal systems, (b) requiring property owners to cease discharges by
July 1, 2010 (later extended to December 31, 2015 by F.S. 381.0065(4)(1)), and (c) authorizing all
local governments with the Florida Keys area of critical state concern to adopt ordinances requiring
connection to a central sewerage system within 30 days of notice of availability. In response to Ch.
99-396, in January 2000 and July 2002, the Board of County Commissioners (BOCC) adopted two
"mandatory connection" ordinances, requiring all properties to connect to their respective
wastewater systems within 30 days following notice of availability: Ordnance No. 04-2000
(applicable to all utilities) and Ordinance No. 017-2002 (specifically applicable to Florida Keys
Aqueduct Authority). These ordinances became Article III and IV in Chapter 20 (Sewage and
Sewage Disposal) of the Monroe County Code.
In January 2003, the BOCC heard from numerous individuals complaining about inconsistent or
unclear connection requirements among the various utilities and in different geographic areas of the
unincorporated County. In response, in July 2003, the BOCC adopted Ordinance No. 028-2003, a
Uniform Wastewater Connection Standard for all properties (residential and commercial) applicable
to any wastewater system anywhere in the unincorporated County operated by any of the three
wastewater utilities in that area: Florida Keys Aqueduct Authority, KW Resort Utilities, and Key
Largo. This ordinance was codified as Article V in Chapter 20 of the Monroe County Code,
consisting of sections 20-102 through 20-106.
All three ordinances were adopted at the inception of the unincorporated County's wastewater
program. Wastewater engineering has evolved over 15 years. Moreover, staff wishes to eliminate
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N.8
some redundancies between the three ordinances and address an issue raised during recent litigation.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to advertise.
DOCUMENTATION:
Ordinance WW connection standards
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Advertising costs
Current Year Portion:
Budgeted: Yes Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
Cost of advertising
REVIEWED BY:
Cynthia Hall Completed 03/05/2019 5:20 PM
Bob Shillinger Completed 03/05/2019 5:43 PM
Budget and Finance Completed 03/06/2019 8:11 AM
Maria Slavik Completed 03/06/2019 8:18 AM
Kathy Peters Completed 03/06/2019 8:44 AM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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ORDINANCE NO. -2018
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REVISING ARTICLES III (CONNECTIONS OF ON-
SITE SEWAGE DISPOSAL SYSTEM TO CENTRAL SEWERAGE
SYSTEM), IV (CONNECTION OF SEWAGE DISPOSAL; SYSTEMS TO
FACILITIES OF FLORIDA KEYS AQUEDUCT AUTHORITY) AND V
(WASTEWATER CONNECTION STANDARDS) OF CHAPTER 20 OF THE
MONROE COUNTY CODE, SEWAGE AND SEWAGE DISPOSAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING AND AN
EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL INCONSISTENT
ORDINANCES; AND PROVIDING FOR INCORPORATION IN THE
MONROE COUNTY CODE.
WHEREAS, Section 125.01(1)(t) provides that the Board of County Commissioners has
the power and authority to adopt ordinances and resolutions necessary for the exercise of its 0
powers and
WHEREAS, on June 18, 1999, Governor Jeb Bush signed into law Chapter Law 99-395,
Laws of Florida, which, as applied to Monroe County in particular, set Monroe County on the path
to establishing a central wastewater system by establishing maximum acceptable nutrient levels
for sewage treatment facilities and onsite sewage treatment and disposal systems, requiring
property owners to cease discharges by July 1, 2010 (later extended to December 31, 2015 by F.S.
381.0065(4)(1)), and authorizing all local governments with the Florida Keys area of critical state
concern to adopt an ordinance requiring connection to a central sewerage system within 30 days of >
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notice of availability; and
WHEREAS, on January 19, 2000, in response to Ch. 99-395, the Monroe County Board
of County Commissioners (BOCC) adopted Monroe County Ordinance No. 04-2000
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subsequently codified as Article III, Chapter 20 (sections 20-50 and 20-51) of the Monroe County
Code, requiring connection to a central wastewater system within 30 days of notice of availability
of service,pursuant to Ch. 99-395, § 4, Laws of Florida; and r-
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WHEREAS, on July 17, 2002, the BOCC adopted Monroe County Ordinance No. 017-
2002, subsequently codified as Article IV, Chapter 20 (sections 20-76 through 20-79, inclusive) of
the Monroe County Code, requiring connection of properties to a wastewater system operated by
Florida Keys Aqueduct Authority (only)upon availability; and
as
WHEREAS, on July 15, 2003, the BOCC adopted Monroe County Ordinance No. 028-
2003, subsequently codified as Article V, Chapter 20 (sections 20-102 through 20-106, inclusive)
of the Monroe County Code, setting a uniform wastewater connection standard for all properties 0
connecting to a wastewater system anywhere in the unincorporated County operated by KW
Resort Utilities Corp., Florida Keys Aqueduct Authority, or Key Largo Wastewater Treatment
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District, in order to standardize differing policies among the three utilities regarding policies for
connection to the wastewater systems; and
WHEREAS, after fifteen years, and given changes and improvements in engineering, it is
time to revise, standardize, and harmonize the connection policies.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
Section 1. Articles III and IV of Chapter 20 of the Monroe County Code is repealed in
its entirety as replaced with the following:
Sec. 20-50 Definitions, T
(a) The following words, terms and phrases, when used in this article, shall have
the meaning ascribed to them in this section, except when the context indicates U)
otherwise.
Boat slip/dock/berth shall mean 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 a marina facility or on private waterways. 0
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Building shall mean any premises or structure, either temporary or permanent, built
for the suport, shelter or enclosure of persons, chattels or property of any kind, or
any other improvement, use or structure that create or increase the potential 0
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demand on water or wastewater and/or reclaimed or reuse water operated by any
wastewater utility within unincorporated Monroe County. The term shall also
include trailers, mobile homes, boat slips/docks/berth, and any vehicle serving in
any way in the function of a building. The term does not include temporary 0
construction sheds or trailers erected to assist in construction and maintained during
the term of a building permit.
Owner means the record owner of any premises, or any person claiming by or
through the owner.
Premises means any and all real property and tangible personal property affixed to
the real property served or capable of being served by a wastewater utility r-
operating within unincorporated Monroe County_ 2
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(b) Terms used but not defined in this article shall have the meanings ascribed 0
to them in Section 381.0065 and 381.00065, F.S., unless the context
requires otherwise.
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Sec. 20-51 Mandatory Connection.
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(a) The owner of an improved parcel of land shall, at the owner's expense, must
connect the plumbing system of the improvement (including, in the case of an
existing on-site sewage treatment and disposal system, the decommissioning E
any such on-site sewage treatment and disposal system and connection of the
collection facilities served thereby to the wastewater system) to an available
publicly owned or investor-owned sewerage system within 30 days after written
notification by the owner of the publicly owned or investor-owned sewerage
system that the system is available for connection, or as otherwise provided by
law.
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(b) The publicly owned or investor-owned sewerage system must notify the owner
of the property of the availability of the central sewerage system.
(c) No less than one year prior to the date the sewerage system will become
available, the publicly owned or investor-owned sewerage system shall notifysystem shall notify
the affected owner of the anticipated availability of the sewerage system and
shall also notify the owner that the owner will be required to connect to the
sewerage system within 30 days of the actual availability_
(d) All connections shall be consistent with and governed by the utility's agreement
for services with the owner, the utility's construction and connection standards, U)
and all other applicable rules and regulations governing water and wastewater
and the provision thereof.
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(e) 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 0
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installation of the on-site wastewater facilities necessary to effectuate the
connection of the premises to the authority's wastewater system.
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(f) In the event the county or the authority is required to seek a writ or order, or 0
otherwise litigate any action compelling connection, all costs of such action24
experienced by the county and/or the authority, including attorney fees and
court costs, may be assessed to the owner.
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Section 2. Article V of Chapter 20 of the Monroe County Code is repealed in itsCL
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entirety as replaced with the following: <
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Sec. 20-76 Definitions and General Rules.
(a) Definitions. The following words, terms and phrases, when used in this article, shall 2
have the meanings ascribed to them in this subsection, except where the context r-
clearly indicates a different meaning:
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Compatible system means a vacuum system (or other collection system provided by 0
the utility within the public right-of-way), or a sewage force main, if the utility has
a force main with adequate capacity. Note larger concentrated flows may require
connection to a utility-provided force main within the public right-of--way.
Connection means the point where an individual or multiple EDUs are connected to
the utility's central collection system. E
Equivalent dwelling unit (EDU): for purposes of this division, one EDU is
assumed to generate a sewage flow of 167 gallons per day, and a recreational E
vehicle (RV)unit is assumed to generate a sewage flow of 75 gallons per day. One
EDU is equivalent to one equivalent residential connection (ERC) as defined by
some utilities.
Infiltration and inflow (I&I) means the introduction of stormwater run-off,
groundwater or other sources of uncontaminated water into a sanitary sewer
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system. The introduction of I&I is prohibited by F.A.C. Ch. 62. All sewer
collection systems shall be demonstrated to be free of I&I using one of the test
methods cited under the definition of industry and utility standard or by an
alternative test method approved by the utility's engineer.
(b) Other provisions.
(1) Hydrostatic head.
a. At least six feet above maximum estimated groundwater level in section being
tested. 2
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b. No less than six feet above inside top of highest section of pipe in test section.
c. Pumping stations shall be designed with a standard receptacle for connecting U,
portable power generating equipment.
d. Multiple pumps shall be provided with capacity such that, with any unit out of
service, the remaining units will have capacity to handle the peak hourly
flow. a
e. Force main leakage tests shall be performed in a manner acceptable to the
utility's engineers._
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(2) Hydrostatic test.
a. Pipelines. All private gravity sewers shall be tested for leakage prior to
connection to the utility.
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b. Testing periods. All testing for acceptance shall be performed at periods of
lowest tide. Testing shall be performed only during the six-hour period of
the lowest tide period of each day (once per day). The utility shall CL
determine this six-hour period each day.
c. Testing equipment accuracy. Accuracy for testing equipment shall be plus or
minus one-half gallon of water leakage under specified conditions.
d. Maximum allowable leakage. The maximum allowable leakage shall be 0.16 2
gallon per hour per inch diameter per 100 feet. r_
(3) Ownership of system constructed by private property owner. Where reasonable
permanent and temporary easements are granted by the private property r_
owner, the utility may take over the facilities within the permanent
easement for ownership and for operation and maintenance. Facilities
outside the permanent easement shall remain the responsibility of the
private property owner.
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Sec. 20-77 Applicability. E
(a) This policy applies to all publicly owned and investor-owned wastewater utilities in
the unincorporated areas of the county financially supported by the board of county
commissioners, including the Florida Keys Aqueduct Authority (FKAA), the Key
Largo Wastewater Treatment District (KLWTD), and Key West Resort Utility
KWRU .
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(b) The goal of this policy is to have every residential and commercial user of a system
treated equitably to the greatest extent possible:
(1) In the utilities' provision of wastewater facilities in the public right-of-way;
and
(2) In the wastewater components that are required to be provided by the user on
his private property.
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Sec. 20-78 Residential and Commercial Users
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(a) Utility facility availability. Every user, either residential or commercial, shall have °'
utility facilities made available to him for connection of his system in the public right-of-
way, abutting his property.
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(b) New wastewater systems. New wastewater systems or extensions generally will be
vacuum systems, that the Monroe County Sanitary Wastewater Master Plan identifies as
the most economical for systems of 200 to 300 users or greater in the county_
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(c) Larger concentrated flows. Larger concentrated flows may best be accommodated by
connection of an upgraded existing or new pump station to a wastewater force main >
Provided by the utility within the public right-of-way rather than connection to the vacuum m
main. The decisions as to such improvements will be made by the utility based principally
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on cost efficiency in consideration of expense to both the utility and properties that may be >
connected to it.
(d) Pump stations. The following provisions shall apply to pump stations: U)
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(1) For existing wastewater pump stations, the user shall upgrade, at his cost, the
pump station to industry and utility standards so that the station is able to discharge 2
the design flow to the wastewater to the collection system. r_
(2) For new wastewater pump stations, the user shall provide, at his cost, the new
pump station that complies with industry and utility standards. 0
(3) Once installed or ungraded, the user may own and operate the pump station, or
may turn it over to the utility, free of charge, for ownership and for operation and
maintenance, if the utility policy permits. The utility is encouraged to adopt such a
policy if one does not exist. Generally, the gravity wastewater collection system
upstream of the pump station shall remain the responsibility of the owner. ..
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(e) Private property, properties under one ownership. For private property or contiguous E
properties under one ownership with one or more EDUs that in total has a cumulative
estimated wastewater flow of less than 1,000 gallons per dam
(1) The utility shall provide a means of connection within the public right-of-way,
whether by vacuum pit or other, that abuts the property and that can be accessed via
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a sewer line running from the improvement on the property to the point of
connection. The owner, at his own cost, is responsible for connection of the sewer
line to the utility's point of connection in the right-of-way. All attributes of the
sewer line, including but not limited to any laterals running from the building to the
property line, must be consistent with and compatible with the utility's minimum
design standards.
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(f) Two options for private or contiguous properties under one ownership with multiple
dwelling units. There are two options available for a private property or contiguous
properties under one ownership with multiple dwelling units, such as mobile home parks, U)
apartments, condominium associations, etc., that cumulatively has an estimated sewage
flow exceeding 1,000 _alb lons per day and that is currently served by on-site wastewater
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systems (septic or unknown) or that is currently served by existing wastewater as
infrastructure and a wastewater treatment plant:
(1) The utility may providea connection to the utility system at the public right-of- 0
way line for the property owner to extend a collection system onto his property_
The collection system shall be compatible with the utility system and shall meet
minimum utility design standards, or
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(2) Where reasonable permanent and temporary easements are granted by the
private property owner, the utility may, at its discretion,provide facilities within
the granted easements, or at the utility's discretion may accept facilities constructed
by the private property owner for operation and maintenance. 0
The utility is encouraged to meet with the property owner and his engineer to
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review the options that are available. CL
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(g) New developments or existing developments constructing new collection system '0
(including subdivisions). The developer shall construct the collection system to industry
and utility standards and turn over the facilities within public rights-of-way, or within
acceptable permanent and temporary easements granted by the developer, free of char_ ge, to r_
the utility for ownership and for operation and maintenance. The wastewater
improvements, and all local and state permitting that may be required, shall be coordinated
with the county's development review process as defined in part II of this Code. 0
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(h) User to demonstrate system as free of I&I. Before a wastewater collection system can
be connected to the utility's system, the user shall demonstrate to the satisfaction of the
utility that the collection system is free of excessive infiltration and inflow(I&I), in
accordance with industry and utility standards. If the system is not free of excessive I&I,
the system shall be brought up to industry and utility standards before connection to the 0
utility system. All other components of the wastewater system must meet industry and
utility standards. E
Sec. 20-79: Conflicts with other laws and regulations.
In the case of a conflict between this Unincorporated Monroe County Wastewater
Connection Standard and any state or federal law or administrative rule or regulation, the
provisions of state or federal law or administrative rule or relation shall control.
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Section 3. This ordinance shall be filed in the Office of Secretary of State for the State
of Florida and shall become effective as provided by law.
Section 4. All ordinances inconsistent with this ordinance are hereby repealed to the .�
extent of the conflict.
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Section 5. Should any provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any
part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances. 0
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Section 6. The provisions of this Ordinance shall be included and incorporated in the
Monroe County, Florida, Code of Ordinances, as an addition thereto, and shall be appropriately
renumbered to conform to the uniform marking system of the code. 0
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2019.
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Mayor Sylvia J. Murphy >
Mayor Pro Tem Danny Kolhage CL
Commissioner Heather Carruthers <
Commissioner Michelle Coldiron U)
Commissioner David Rice E
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
as
BY
Mayor David Rice
(SEAL)
ATTEST:
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KEVIN MADOK, CLERK
By:
Deputy Clerk
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