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Item P1 P.1 G 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 April 17, 2019 Agenda Item Number: P.1 Agenda Item Summary #5350 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider adoption of an 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 Packet Pg. 2595 P.1 some redundancies between the three ordinances and address an issue raised during recent litigation. PREVIOUS RELEVANT BOCC ACTION: 3/21/19 (N-8) BOCC scheduled a public hearing for April 17, 2019 in Marathon, FL at 3:00 P.M. or as soon thereafter as may be heard. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: Draft ordinance 4.1.2019 a Notice of Intention to Consider Adoption of County Ordinance re: wastewater mandatory connections and standards (Includes POPs: Keys Weekly) Ordinance 004-2000 Ordinance 017-2002 Ordinance 28-2003 Memo WW Ordinance 4.1.2019 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: No fiscal impact. REVIEWED BY: Packet Pg. 2596 P.1 Cynthia Hall Completed 04/01/2019 12:13 PM Bob Shillinger Completed 04/01/2019 3:10 PM Budget and Finance Completed 04/01/2019 3:23 PM Maria Slavik Completed 04/01/2019 3:26 PM Kathy Peters Completed 04/01/2019 4:44 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 2597 P.1.a ORDINANCE NO. -2019 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. a 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 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 within the Florida Keys area of critical state concern to adopt an ordinance requiring connection to a central sewerage system within 30 days of notice of availability; and x 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, 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 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 0 0 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 as E connecting to a wastewater system anywhere in the unincorporated County operated by KW Resort 0 Utilities Corp., Florida Keys Aqueduct Authority, or Key Largo Wastewater Treatment 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. 1 Packet Pg. 2598 P.1.a 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, (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 otherwise. Boat slip/dock/herth shall mean a slip, dock or berth bordered by a seawall, or a fixed U) 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, o�private waterways. Buildia shall mean 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 that create or increase the potential 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 n any way in the - function of a building. The term does not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. ° as 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 Ca the real property served or capable of being served by a wastewater utility operating within unincorporated Monroe County. 7 (b) Terms used but not defined in this article shall have the meanings ascribed to them in Section 381.0065 and 381.00065, F.S., unless the context requires otherwise. Sec. 20-51 Mandatory Connection. 0 (a) The owner of an improved parcel of land shall, at the owner's expense, connect the plumbing system of the improvement to an available publicly owned or investor- owned sewerage system within 30 days after written notification by the owner of the E publicly owned or investor-owned sewerage system that the system is available for connection, or as otherwise provided by law. The owner of an existing on-site sewage treatment and disposal system shall also be responsible for decommissioning any such on-site sewage treatment and disposal system immediately after connection to the available publicly owned or investor-owned sewerage system. (b) The publicly owned or investor-owned sewerage system must notify must notify the owner of the property of the availability of the central sewerage system. 2 Packet Pg. 2599 P.1.a (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 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, and all other applicable rules and regulations governing water and wastewater and the provision thereof. (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 utility's wastewater system within the time U) prescribed herein, or by state and/or local rules and regulations, the County or utility may seek and employ any legally available remedy to cause or effectuate they connection of the premises to the utility's wastewater system. (f) In the event the county or the utili . 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 utility, including attorney fees and court costs, may be assessed to the owner. Section 2. Article V of Chapter 20 of the Monroe County Code is repealed in its entirety 0 as replaced with the following: 0 CL CL Sec. 20-76 Definitions and General Rules. a (a) Definitions. The following words, terms and phrases,when used in this article, shall have the meanings ascribed to them in this subsection, except where the context g clearly indicates a different meaning: Compatible system means wastewater collection infrastructure on private property that meets current design requirements established by the utility and is compatible for connection with the available collection system provided by the utility within the public right-of-wad as Connection means the point where an individual or multiple EDUs are connected to the utility's central collection system. Deleterious discharge means any discharge into public sewers of harmful 0 substances, including but not limited to: • Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar, plastics, wood or sawdust, un grog and _garbage, whole blood, paunch manure, hair and fleshings, entrails,feathers,bones, slops,paint residues,bulk solids, fats, oils (plant or petroleum based), or grease. • Any toxic, noxious, or malodorous substance which is capable of causing objectionable odors, public nuisance, hazard to life or any condition which requires unusual provisions, alteration or expense to accommodate such material. 3 Packet Pg. 2600 P.1.a 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 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 any unpolluted stormwater, surface water, groundwater,roof runoff,interior or exterior footing or basement floor drainage, subsurface drainage, or cooling water into a sanitary sewer 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 U) by the utility's engineer._ (b) Transfer of ownership of a compatible system constructed by privateproperty owner: s If the utility and private property owner agree that the utility will take over ownership of any compatible system constructed on private property, including operation and maintenance, the private property owner shall grant the utility, free of char _ge, as permanent easement for the compatible system. Facilities outside the permanent easement shall remain the responsibility of the private property owner. E Sec. 20-77 Applicability. 0 4- 0 (a) This policy applies to all publicly owned and investor-owned wastewater utilities in the CL unincorporated areas of the county. C (b) The goal of this policy is to have every residential and commercial user of a system treated equitably to the extent possible. Sec. 20-78 Connection Standards. (a) Utility facility availability. Every user, either residential or commercial, shall have utility facilities made available to them in the public right-of-way, abutting their property, for connection by a compatible system. (b) New developments or existing developments constructing new collection system (including subdivisions). The developer shall construct the collection system to industry 0 and utility standards and turn over the facilities within public rights-of-way, free of charge, to 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 11 of this Code. E (c) User to demonstrate system as free of deleterious discharges and excessive IM: 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 deleterious discharges and excessive I&I, in accordance with industry and utility standards. If the system is not free of deleterious discharges and excessive I&I, the system shall be brought up to industry and utility standards before connection to the utility system. All other components of the wastewater system must meet industry and utility standards. 4 Packet Pg. 2601 P.1.a 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 regulation shall control. 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. U) 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. 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 4- PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0 CL Florida at a regular meeting held on the day of , 2019. CL a Mayor Sylvia J. Murphy Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner Michelle Coldiron Commissioner David Rice w BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY E 0 Mayor Sylvia J. Murphy (SEAL) ATTEST: E KEVIN MADOK, CLERK By: Deputy Clerk 5 Packet Pg. 2602 P.1.b NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 17, 2019 at 3:00 U) P.M., or as soon thereaer as may be heard,in the Marathon Government Center, 2798 Overseas E ft Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: 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 0 FACILITIES OF FLORIDA KEYS AQUEDUCT AUTHORITY) AND V (WASTEWATER CONNECTION STANDARDS) OF CHAPTER 20 OF THE MONROE COUNTY CODE, SEWAGE AND SEWAGE DISPOSAL; E 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 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 such hearings or meetings, 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. 0 �s ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to 0 participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, r- between the hours of 8:30 a.m. -5:00 p.m., no later than five(5) calendar days prior to the scheduled meeting; 0 if you are hearing or voice impaired, call"711': Live Closed Captioning is available via our web portal @ htta monroecountVfl.i(m2.com for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 21 day of March, 2019. r- U KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: 0 KW Citizen (Wed) 3/27/19—Account#143346(Wastewater) Keys Weekly(Th) 3/28/19 -Account#4219 (Wastewater) 0 z News Barometer (Fr) 3/29/19 -Account#NB030 (Wastewater) Packet Pg. 2603 P.1.b NQ"rEp �� o ,�%� KEYS CON i SEwAG 046,s' k�°'s, WEEK 5 A� DISP AL,,' OM c� FOR suEILIT , NOT ICE,lS i tEREBY PROVIDING FOR FILING � U) GIVEN LQ wCNO�i'rT iAY AND AN EFFECTIVE-DATE;:, CONCERN that on sprit ' ' PROVIDING FOR REPEAL ' 17 2fYi*at 3 00 F�M.;or as OF ALE.INCONSISTENT Published meekly CvCi soontherea erasna ncORDINANCES AND _ Marathon,Conroe County,Florida heard �ntheta+iarat n PROVIDING FOR GouerrvtiontCen�er, INCORP RAT ON tNTt-tk y U)2r9s ouu s aSd it hway ;. MON AOE COUNTY CODE 1 � PROOF OF 1 f arath6W'onroe,courityp Pursuanttosecti6n, IL. F1oiri ri RoaCd'of ' . 2860105,FI"orida statutes, rn Co piGyr mi signers of notice is given that if a i' ONSROE COUNTY ATTORNEY � rr�na "66un=t`;Florida, U) STATE OF FLORIDA antendstoconsiderthe � p sd cisio rrrad�ap'peat � any decision a�oade,kry the � �� F adopt&otrofthe°followi�+ Board with,respect to any Cl ar y g�Tdinan e rn t r,cdnsider d at such Before the undersigned authority A OR9� 4 NCERY h�arin�sorrneetin�e, U) TEE E C LINTY he will need a record o personally appeared JASON KOL R who � /ARDoF:CoUPNTy1 the proceedings,and on oath, says that he is Pk1 LISF E of c ; 'sto ERs that,for such purpose, 'REvts ARTIC Es tit: he nray,need to ensure � the WEEKLY NEWSPAPERS, a weekly '(CON��IIOAiSt>FO - � that a�+erbatlmlkordof newspaper published in Marathon, in SITE SE A', E,blSPOSAt� the:proceedings is made, p sYsrrE To cEWT9�d�ti which record includesthe Conroe County, Florida: that the ' sEwER GESYSTE testimony and evidence, I I C N,NECTIE3 of upon which,the pp al attached Copy of advertisement was ' s6WdE DIs 656 XL; to be based. � published in said newspaper in the SYSTEMS'" WF ILITits � ADA ASSISTANCE:If � OFF R16AKEys You area person w'ith issues of:(date(s)of publication) AQUEDUCTAi1THORITY)„/-, E a disability who needs No t4 S ER< special accommodations r CONNECTION in ordee to participate,in � S r iE3�S3 F this proceeding,please CW�X R 2t3&F rtPiE contact the County � Administrator's Office,by U) phoning(305)292-4441, � between the hours of8: 0 Affiant further says that the said WEEKLY a.m.-5:00 p.m.,no later ISanewspaper ublish d thanfive(5)calendar days 1. NEWSPAPERS prior to the scheduled 0 at Marathon, in said Monroe County, neetin§jf you are hearing or voice unpaired, � Florida,and that the said newspaper has call`°211".Dive Closed heretofore been Continuous) u lishe o rwebportavaitarsie/ 0 y p csNar weir pesrtai 0 http:fl In said Monroe County Florida, once monroecountyfLigm2. the each week (on Thursday) and has been MonroeCounty' Board,o y} Monroe County' Board of qualified aS a Second CIaSS mail a er at CoUritycommissioners. 0 C3aited at Frey west,-Fiorida, the post office in Marathon, In Monroe tN�s,2`,day,of March,20M � Count , Florida,for period of one year ottheCi�[7OCourt, 0 Y p y o�the Cir�isit Court, � o next preceding the first publication €�f a�deK offcio�terk�f, th,i3,oard of County 0 the attached copy of advertisement.The comrnrss��ne sofNionroe � Copnt�Ftr� affiant further says that he has neitherif paid nor promised .any person, firm), car ar A 01 corporation any discount, rebate, rye i 0 , commission or refund for the purpose of _. U securing this advertisement for publication in the said newspaper(s)and that The Weekly News apers is in full coF Nance with Chapter 0 of the Florida State Statutes on Leas) and Official Advertisemen1s. Savor to and u scri before :this day f 1 _ ( . CHARL077E HRUSKA EXPIRES:SO,Piuinber 1,2022 Bonded Thru NdotK.,r Nluotir,Unde `ers Notary Packet Pg. 2604 P.1.c FILED FOR RECORD Commissioner Nora Williams 00 JAN 27 PM 3; 1 7 ORDINANCE NO 04 -2000 C ANOOLWtHE BOARD OF COUNTY COMMISSIONERS OF MONROE �- .PROVIDING FOR DEFINITIONS; PROVIDING THAT THE OWNER O - 4(kk.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 TWO YEAR PERIOD, OR OVER A FIVE YEAR PERIOD IF CERTAIN HARDSHIP CONDITIONS ARE MET; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE U) 0 cm BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 Section 1. Definitions. (a) Avoiiobie as applied to a publicly owned or investor-owned sewerage system 0 means that the publicly owned or investor-owned sewerage system is capable of being, o connected to the plumbing of an establishment or residence, is not under a Department of a Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and: 1. For a residential subdivision lot, a single-family residence, or an .� establishment, 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 the property line of the lot, residence, or establishment. 2. For an establishment with an estimated 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 of the establishment or is within 50 feet of the property line of the establishment as accessed via existing right-of-way or easements. Packet Pg. 2605 P.1.c 3. For proposed residential subdivisions with more than 50 lots, for proposed commercial 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 development as measured and accessed via existing easements or right-of-way. 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 an U) establishment's or residence's sewer stub-out as measured and accessed via existing right- of-way or easements. (b) Blockwater means that part of domestic sewage carried off by toilets, urinals, and kitchen drains. (c) Domestic sewage means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from 0 4- appurtenances at a residence or establishment. (d) Graywater means that part of domestic sewage that is not blackwater, including ° waste from the bath, lavatory, laundry, and sink, except kitchen sink waste. (e) 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 dosing tank; `d 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. Section 2. Connection of existing on-site sewage treatment and disposals systems to central sewerage system. 2 Packet Pg. 2606 P.1.c (a) The owner of an onsite sewage treatment and disposal system must connect the system or the building's plumbing 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. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system . No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned 3 sewerage system shall notify the affected owner of the onsite sewage treatment and disposal U) system 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 4- availability. The owner shall have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the 0 4- date of the initial notification of anticipated availability. (b) Subsequent to the effective date of this ordinance, the County Commission may, a subject to approval of the FKAA, adopt a resolution providing that the owner of an onsite sewage treatment and disposal system may pay any connection fees charged by an investor-owned sewerage system in monthly installments - without interest - over a period of time not to exceed CD CD five years from the date the sewerage system becomes available if the County determines that the owner has demonstrated financial hardship. The resolution must contain, at a minimum, the following: 1. The designation of the County employee(s) or officer(s) empowered to .. make the hardship determination; and 2. The criteria for making the determination which take into account the owner's net worth, income, and financial needs. Section 3. Penalties. 3 Packet Pg. 2607 P.1.c Violations of this ordinance may be prosecuted before the Code Enforcement Special Master (or Board) as authorized by Chap. 6.3, Art. I, Monroe County Code, and Chap. 162, Part I, FS, by a notice to appear issued under Chap. 6.3, Art. II, and Chap. 162, Part II, and Sec. 125.69(2), FS, or Chap. 76-435, Laws of Florida, by prosecution as a second degree misdemeanor pursuant to Sec. 125.69(1), FS, or by any other method authorized by law for assuring compliance with the terms of this ordinance including suits for injunctive relief. Section 4. If any section, subsection, sentence, clause or provision of this ordinance is 3 3 held invalid, the remainder of this ordinance shall not be affected by such invalidity. U) Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. 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 0 4- shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. This ordinance shall take effect immediately upon receipt of official notice a from the Office of the Secretary of State of the State of Florida that this ordinance has been filed 2 with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of January 2000. yes Mayor Shirley Freeman — Commissioner Wilhelmina Harvey yes --~ ommissioner George Neugent yes—. C'ommissioner Mary Kay Reich No •Comr ijssioner Nora Williams yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONR E COUNTY, FLORIDA y �n�4BY puty erk Mayor/Chairman jordiusewerW APPROVED AS TO FORM AN LEGAL S FFI CY, 8 R RT OL E DATE /Z 4 Packet Pg. 2608 P.1.c NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 19, 2000, at 3:00 PM at the Harvey 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 OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR DEFINITIONS; PROVIDING 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 U) AVAILABLE; AUTHORIZING PAYMENT OF CONNECTION FEES OVER A TWO YEAR PERIOD, OR OVER A FIVE YEAR PERIOD IF CERTAIN HARDSHIP CONDITIONS ARE MET; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE 0 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 1 Oth day of December, 1999. 2 DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication dates Key West Citizen 12/31/99 & 1/7/00 Keynoter 1/1/00 & 1/8/00 Reporter 12/30/99 & 1/6/00 Packet Pg. 2609 P.1.c KE)%EST T - ITIZEN 3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-076E Published Daily Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of - _ LO In the Court,was-publishedin-said-newspaper in the issues of of 0 a © — Affiant further says that the Key West Citizen is a newspaper published in a ?Wesf in r= rn said Monroe County, Florida and that the said newspaper has here n n continuously published in said Monroe County, Florida each day (except Stir ciays vd -n has been entered as second-class mail matter at the post office in Key ,in said = CL Monroe County, Florida, for a period of 1 year next preceeding the first ' tia rof r= the attached copy of advertisement; and affiant further says that he has ne" aia6r c� promised any person, firm or corporation any discount, rebate, commissioner r manor© 0 the purpose of securing this advertisement for publics ' n in the s e spaper. 2 IF Signature o giant �y Sworn and subscribed before me this (a/-4day of 4014W 2000 otary Public E.Ceie� >\ �SSIONF•. s g o GOB oei 11,2 rOi �o O 9. Expires: Oct. 11, 2002 N Utajy.S&V Personally Known x Produced Identification =.o-. #CC782584 o Type of Identification Produced 9'•.T,0 nded�N�.',oQ s��6p .Pain-Insv�;: t!11 IIINO\\\\ Packet Pg. 2610 P.1.c NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January, 19, 2000 at 3:00 PM at the Harvey Center-Tru- man School, 1200 Truman Avenue, Monroe County, Florida. The Board of County Commissioners of Monroe County intends to consider the adop- lion of the following County ordi- nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, PROVIDING FOR DEFINITIONS; PROVIDING THAT THE OWNER e) OF AN ON-SITE SEWAGE TREAT- MENT AND DISPOSAL SYSTEM MUST CONNECT TO A SEWER- AGE SYSTEM WITHIN 30 DAYS OF NOTIFICATION FROM THE OWN- ER OF THE SEWERAGE SYSTEM "0 THAT THE SYSTEM IS AVAILABLE; 0 AUTHORIZING PAYMENT OF CONNECTION FEES OVER A TWO YEAR PERIOD OR OVER A FIVE YEAR PERIOD IF CERTAIN HARD- 2 SHIP CONDITIONS ARE MET; C PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; 91 PROVIDING FOR THE REPEAL OF CL C ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN- CORPORATION INTO THE MON- ROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING AN EF- FECTIVE DATE. c� Pursuant to Section 286.0105, Flori- da Statutes notice is given that if a person decides to appeal any deci sion made I*the Board with respect to any matter considered at the hear- ing, he will need a record of the pro- ceedings,and that for such purpose, he may need to ensure that a verba- tim record of the proceedings is made,which record includes the evi- dence upon which the appeal is to be based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe � County,Florida. Dated at Key West,Florida,this 10th day of December 1999. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex-officio Clerk of 0 the Board of County Commissioners of Monroe County,Florida. Dec.31 st, 1999&Jan.7,2000 Packet Pg. 2611 TrAC ITIZEN 3420 Northside Drive Key West FI. 33040 Office 305-294-6641 Fax 305-294-076 Published Daily Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, whgon®atho _''? 20 says that he is director of the Advertising Department of the Key West CitizAgAilys T 0 newspaper published in Key West, in Monroe County, Florida; that the attac�ed'�rr�apy vertisement, being a legal notice in the matter of =� ' o �, �Va c_;� Court, was published in said newspaper in tKms oil Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Floridaeach day (except Saturdays) and 0c has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement ; and affiant further says that he has neither paid nor promised any person , firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for public tion in t i ewspaper. Signature of Sworn and subscribed before me this3 day of `�� -�' 1999. ignature of Notary Public t JAN 14 2000 ��`°°°staff RllBr�� SSIONF oeet 11,?oA9•. Expires: Oct. 11. 2002 mot �rS * Personally Known Produced Identification -Z• #CC782583 Q Type of Identification Produced �� e Packet Pg. 2612 P.1.c NOTICE OP INNTLNT1fSN TO CON- SIDER ADOPTION OF COUNTY ORDINANCE - NOTICE IS HEREBY GIVEN TO WHOM.IT MAY CONCERN that on r:ro Wednesday, January 19, 2000 at 3-00 PM at the Harvey Center-Tru- U) > man School, 1200 Truman Avenue, Monroe County, Florida. The Board of County Commissioners of Monroe County intends to consider the adop- sJ tion of the following County ordi- e) nanw. cm AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, ca PROVIDING FOR DEFINITIONS; p PROVIDING THAT THE OWNER OF AN ON-SITE SEWAGE TREAT- 0 MENT AND DISPOSAL SYSTEM MUST CONNECT TO A SEWER- AGE SYSTEM WITHIN 30 DAYS OF NOTIFICATION FROM THE OWN- ER OF THE SEWERAGE SYSTEM C THAT THE SYSTEM IS AVAILABLE; AUTHORIZING PAYMENT OF CL CONNECTION FEES OVER A TWO CL YEAR PERIOD OR OVER A FIVE M YEAR PERIOD IF CERTAIN HARD- cm SHIFT CONDITIONS ARE MET, . FG3llJD1NG FsOFbPEMAfii $„v;,,; R(�WQING FOF , v EITYi,e. PROMIiNG.FOFt THE RE EA.L OF ca ALL ORDINANCES,INCONSISTENT HEREWITH;PROVIDING FOR IN- CORPORATION INTO THE MON- ROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING AN EF- FECTIVE DATE. Pursuant to-13satlorr'2111fd07M, Fbd- ry,ftUn,neWe is pawn#W if a °o rrdla dstddM to dMl1- Sion aw4e by Nte Owed 160 lrNipatrt as he YA need a re00ld of the pto` � WMfrl1g,W4 the1 for w h purpese, he may need to ensure that a verba- tim record of the proceedings is 0 made,which record includes the evi dense upon which the appeal is to be based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West,Florida,this loth day of December 1999. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex-officio Clerk of the Board of County Commissioners- or Monroe County,Fler9dt. Dec.31st,1fMi S Jan.T,2000 Packet Pg. 2613 P.1.c FLORIPA KET3� r o o 4.Zo 0 0 KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared TOM SCHUMAKER who on oath, says that he is PUBLISHER of the U) FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, E in Monroe County, Florida: that the U) attached copy of advertisement was published in said newspaper in the issues •no.9627300 MUST CONNECT TO A SEW will need a record of the pro- of: F date(s) of publication) ERAGE SYSTEM WITHIN 30 coed46,and that,for such pur, L- DAYS OF NOTIFICATION pose, he msy need to ensure NOTICE OFINTENTIO.N TO FROM THE OWNER OF TH# that a verbatim recordd of the CONSIDER ADOPTION OF SEWERAGE SYSTEM THAT prooe�dinnygee is made,which re- 4) December 31, 1999 COUNTY ORDINANCE THE SYSTEM IS AVAILABLE; cord incN+des the testimony and 0 AUTHORIZING PAYMENT evidence upon which the appall r_ NOTICE IS HEREBY GIVEN T CONNECTION FEEB OVER is to be based. WHOM IT-MAY CONCERN-the TWO YEAR PER OR OVE January 8 2000 on W . January 19; A FIVE YEAR PERIOD IF CE CCoopp,�ee��of the sbovs-rsfsrencad� 2000,at 3:00 M at the ary TAIN HARDSHIP CONDITION ordinance are available for re - FOR Truman School, 12 ARE MET; P�R_Q1f1DING FOR Jlery at the various pubic Rbrar- O Truman Avenue, K West, PENALTIES; rrtVY1DING F inInMonroeCoun Florida. Monroe County, -Florida, the SEVERABILITY• PROVIDIN - . �� Affiant further says that the said FLORIDA 1 Board oio� Commission FOR THE REPEAL OF ALL OR Dated at K west,Florida,thisi KEYS KEYNOTER is a newspaper published sider t DINANCES INCONSISTE 10thdayof°�ie�e,r,ber,19s9. intends to consider the ado HEREWITH• PROVIDING F tion of the following County or- INCORPORATION INTO TH DANNY L.KOLHAGE, durance: at Marathon, in said Monroe County, MONROE COUNTY CODE OF Clark of the Circuit Court ORDINANCES; AND PROVID and ex officio Clerk of the Board Florida, and that the said newspaper has AN ORDINANCE OF THE INGANEFFECTIVEDATE. of CountyCommissiarersof r- �p BOARD OF COUNTY COMMIS- heretofore been continuous) published In STONERS OF MONROE COON Pursuant to Section 286.0105, MO^fOeCounty,Florida M y p TY,FLORIDA PROVIDING Florida Statutes,notice is giw Publish said Monroe County wice each DEFINITIONS; PROVIOf G that if a person decides to J December 1999; r Florida,r THAT THE ER OF AN pee I��decision emery e s Key week (on Wednesday and Saturday) and SITE SEWAGE TREATM Board tme� FlondeKeysKeynotx has been entered as a second class mailM»acoxn° ca�tnttwawtn. matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, o rebate, commission or refund for the 3 a Tt E purpose of securing this advertisement for z a m publication in the said newspaper(s) and a . that The Florida Keys Keynoter is in fullm.). r- � o 0 compliance with Chapter 50 of the Florida ate' w State Statutes on Leaal and Officialrq o Adverti :_ sD, C. Sworn o and su nbevt re me this Day of , 2000 (SEAL) /" 14 BEVERLY TRAMER o=W C M EW.Ii/IWW3 c NO.CC$70942 Notary 0/11.n�Kw- I I aAer IA. Packet Pg. 2614 No.9545700 NOTICE OF INTENTION TO CONSIDER THE 7'HE ADOPTION OF A COUNTY ORDINANCE Ynxr(%pperh'cys C'nnuecli°n NOTICE IS HEREBY PQRTER GIVEN TO WHOM IT MAY CONCERN that on Wednesday,January P.O. Box 1197•Tavernier,Florida 33070-1197 19,2000,at 3:00 PM at (305)852-3216 Fax: (305)852-8240 the Harvey Center-Tru- man School,1200 Trum- man Avenue,Key West, Monroe County,Florida, the PROOF OF PUBLICATION Commissioners Commissioners of Mon- roe County,Florida in- tends to consider the STATE OF FLORIDA adoption of the following County ordinance: COUNTY OF MONROE AN ORDINANCE OF U) THE BOARD OF COUN- TY COMMISSIONERS Before the undersigned authority OF MONROE COUNTY, personally appeared DONNA STUTTS, FLORIDA,PROVIDING FOR DEFINITwho on oath, says that she is PUBLISHER PROVIDING TIHATTHE of THE REPORTER, a weekly newspaper OWNEROFANON- SITE SEWAGE TREAT- entitled to publish legal advertising MENTANDDISPOSAL published at Tavernier, Monroe County, SYSTEMMUSTCON- U) NFCT TO A SFWFR- Florida: that the attached copy of AGE SYSTEM WITHIN advertisement, being a LEGAL NOTICE in 30 DAYS OF NOTIFICA- TION FROM THE OWN- said newspaper in the issue of: ER OF THE SEWER- AGE SYSTEM THAT December 30, 1999 & Janua 6 2000 THE SYSTEM IS AVAIL- r ABLE;AUTHORIZING PAYMENT OF CON- NECTION FEES OVER Affiant further says that THE REPORTER ATWO YEAR PERIOD, is a newspaper published at Tavernier, in OR OVER A FIVE YEAR PERIOD CERTAIN 4— said Monroe County, Florida, and that the HARD HI PCONDI- said newspaper has heretofore been TIONS ARE MET;PRO CL - VIDING FOR SEVER- 4 rJ C3 continuously published in the said ABILITY;PROVIDING C a � � C* Monroe County, Florida, each week (on FOR THE REPEAL OFF r= Thursda ALL ORDINANCES IN �.� _'1 y), and has been entered as CONSISTENT HERE-Cl- Co o second class mail matter at the Post WITH;PROVIDING F Office in Tavernier, in said Countyof INCORPORATION •''� Q INTO THE MONROE`-{ e-) � Monroe, Florida, for a period of one year COUNTY CODE OF rWsan-- DINANCES;AND PRRQ�, next preceding the first publication of the VIDING ANEFFECTME �� attached copy of advertisement; and DATE. b ;n�, Pursuant to Section affiant further says that he has neither 2ss.o105,Florida paid nor promised any firm, person, or Statutes,notice is given corporation any discount, rebate, that if a person decides to appeal any decision commission or refund for the purpose of made by the Board with securing this advertisement for respect to any matter considered at the hear- publication in the said newspaper and that ing,he will need a record The Reporter is in full compliance with of the proceedings,and that,for such purChapter 50 of the Florida State Statutes on may need to ensureth tose, o Legal and Official Advertisements. 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-ref- erenced ordinance are Sworn to ands scribed before me this available for review at the 6th Day of January, 2000 various public libraries in Monroe County,Florida. Dated at Key West,this (SEAL) J,.� �� Anna M Hines 10th day of December, * *My Commission CC7159 1999. DANNY L.KOLHAGE, +� ,e Ex es NPCh 3 ,259f Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe Count , Notary PUBLISHED:12/30/99a &116/00 The Reporter Tavernier,FL 33070 Packet Pg. 2615 P.1.c (1) wannp oC jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-,%W January 27, 2000 3 a� Mrs. Liz Cloud, Chief Bureau of Administrative Code& Laws The Elliott Building 401 S Monroe Street � Tallahassee FL 32399-0250 Dear Mrs. Cloud, 4- 0 Enclosed please find certified copies of the following: Ordinance No. 001-2000 Extending the one cent Infrastructure Sales Tax, otherwise due to expire in 2004, through December 31, 2018; Providing that the infrastructure tax proceeds may : be spent on certain capital projects with a life expectancy of five years or more as well as any .2 public purpose;Providing that such extension is only effective if approved by the County Electorate voting in the March 14, 2000 Primary; Providing for notification to the Florida Department of Revenue if the tax is approved by the Electorate; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Ordinance No. 002-2000 Revising Sec. 13.5-3, Higgs Beach County Park Regulations, Providing for a change in park opening hours and allowing residents to have access to beach property after closing hours;Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Ordinance No. 003-2000 Amending Section 3-15(2), Monroe County Code, in order to clarify that animals determined to be adoptable may be kept at the shelter in excess of five days; Providing however that such animals must be neutered and the fee charged to the person adopting the animal or, if animal's owner claims it after five days then the owner will be charged the neutering fee in lieu of the boarding fees; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Packet Pg. 2616 P.1.c Ordinance No. 004-2000 Adoption of an Ordinance providing for definitions; Providing 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 two year period, or over a five year period if certain hardship conditions are met; Providing for penalties;Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners � at a Regular Meeting in formal session on January 19, 2000. Please file for record. U) 3 Danny L. Kolhage Clerk to Circuit Court U, and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancoc � C:Dty Cler 4- 0 Cc: Board of County Commissioners County Administrator 001-2000 County Attorney Growth Management 004-2000 Municipal Code Corporation Public Works 002-2000, 003-2000 Supervisor of Elections 001-2000 File Packet Pg. 2617 P.1.c Z 408 337 273 Z 408 337 272 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No In1Ad1 cebirTeQatWiocGhief Do not use for International Mail(See reverse) Bur@ s tto The Elliott Building U) Municipal Code Corporation streasluP. O. Box 2235ah Street 9-0250 Tallahassee L y a 6-2235 Post orate,state,& P code J � Postage Certified Fee Certified Fee �r1 � Special Delivery F t� Special Deliv ry F e r Restricted Delivery Fee Restricted De ve e�0o un to Return Receipt Showing to rn Return Receipt Sho rc Whom&Date Delivered — Whom&Date Delive a ReW Receipt Showing to Whom, a Retum Receipt Stowing to Wlom, pQ Dab,&Addresseds Ad*= Q Date,&Addressee's Address O TOTAL Postage&Fees a „ 0 TOTAL Postage&Fees 91 ur completed on the reverse side? CO) Postma or Date E �✓ i+Iq.igGG 6e e C Z. T v� 70 —I W 0f� �°�0 CO) LL ea$ l—t►Z,e*Y-p iQ 9. - -20 i Z A m B r ? 0• a 3 m 20;=- i Is your RETURN ADDRESS competed on the reverse .2 17 .a -. Oo tD C1 �0 3 0• O,m 0 to -0v m IDia �yy pI rn N w Q ? gip° CD N 31 C D M'-I '(D W' 1 y cu n a; d" n — A o O Mm o Imo m. 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N m co CDn a y o �0 3'T'1 ' � y o ^v CD o `� m m o tV m m },.i o ko Packet Pg. 2618 0 S m w cO a Na m m y DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office ofthe Secretary HISTORIC PRESERVATION BOARDS Division of Administrative Services Historic Florida Keys Preservation Board Division of Corporations Historic Palm Beach County Preservation Box Division of Cultural Affairs Historic Pensacola Preservation Boai Division of Elections Historic St.Augustine Preservation Bow Division of Historical Resources Historic Tallahassee Preservation Boar Division of Library and Information Services N `� Historic Tarnpa/Hillsborough Cou i Division of Licensing wre c+"— Preservation Boar MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF AR' Katherine Hams Secretary of State DIVISION OF ELECTIONS February 2, 2000 M Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street U, Key West,Florida 33040 Attention: Ruth Ann Jantzen,Deputy Clerk 4- Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of January 27, 2000 and certified copies of Monroe County Ordinance Nos. 01-2000 through 04-2000,which were filed in this office on February 1, 2000. 0. Sincerely, a Liz Cloud, hief Bureau of Administrative Code Cq LC/mp 3 p .za a C) a � A t•=. 7C3 "i .- t^r? C)C") X= rn r- , Es f'rI W I �t BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427 FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@maiLdos.statefl.us Packet Pg. 2619 P.1.c �`YYYYYYYYYYYM d C) e ttt 1 rj' m W) ' S-E Z j i w � � to u CT G+ 7 m a.l � R) C (J.,� 1,n t.:• wry M m (J C• �i Cd '+' C �• •N � � r M 1 M ra ,,.,. •H cu ` ®e merj C � G CJ a 2 J 4a Gi O W m y., V > Q clY'l aI G �_• a a, ui m C. 'O 0-1 G7 ++• G �-' Kn GA f i� '� m G .....x¢ v3 a F '^ r� lq r. -^+ C•l ui �tl • nl 6 in .r c a-... o, nA ., CJ 4fl KA 9 iE a1 'Cl C t A Cf� y O C u•i .C.i C Ots G �o •n Uw.l ct. � r_• a' •' 4� ay Packet Pg. 2620 P.1.d ORDINANCE NO. 017 - 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; U) PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE, U) 0 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 SECTION 1. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: 4- 0 "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 .2 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 Packet Pg. 2621 P.1.d 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 U) 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. U) 0 "'Building" means any Premises or structure, either temporary or permanent, C 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 C 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 2 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, C 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 0 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 Packet Pg. 2622 P.1.d 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. U) "Premises" means any and all real property and tangible personal property affixed to real property served or capable of being served by the Authority. U) 0 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. a 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. Packet Pg. 2623 P.1.d (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 U) 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 5. MANDATORY CONNECTION TO AUTHORITY FACILITIES. (A) The Owner of an improved parcel of land or Premises shall, at the Owner's 2 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. Packet Pg. 2624 P.1.d (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 U) 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 the 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. 4- 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 S. SEVERABILITY. The provisions of this Ordinance are severable; 2 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 Packet Pg. 2625 P.1.d 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. i McCoy Yes ro Tern Spehar Yes ,8 ioner Nelson Yes i§ ion er Neugent Yes .� is ioner Jimenez Yes J/ BOARD OF COUNTY COMMISSIONERS Y L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA c� 0 4- By B y Deputy Clerk 7 Mfyt/Chairperson 0 4- JdordFKAAhookup7.2 91 cv APPROVED AS TO FORM AA LEGA SU I Q w Q y C) ER N. Lt# X V DATE O N ca o Li. N Cw W _J N ZZ o cv Packet Pg. 2626 P.1.e Marine: Resources AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS CREATING SECS. 15.5-33 THROUGH 15.5_38, MONROE COUNTY C©DE, IN ORDER TO PROVIDE FOR A UNIFORM' WASTEWATER C'ONNECTION'. POLICY FOR UNINCORPORATED AREAS WITHIN' MONROE COUNTY, BY SUPPLEMENTING SEC'S. 1.5.5_20 THROUGH 15.32, MONROE COUNTY CODE, CONCERNING REQUIRE ► CONNECTION' TO AVAILABLE SEWERAGE' SYSTEMS AS DEFINED THE'REIN', PROVIDING' FOR INCLUSION IN THE COME OF ORDINANCE'S, PROVIDING FOR SEVE'RABILITY, PROVIDING FOR REPEAL OF SECTIONS FOUND INCONSISTENT WITH THIS REVISION, AND PROVIDING FOR AN � EFFECTIVE DATE'. U) 3 WHEREAS, it is the desire of the Board' of County Commissioners that a fair; equitable, and uniform standard exists for the required connection to any available U) sewerage system within the unincorporated' area of Monroe County; andCD WHEREAS, there are multiple wastewater authorities operating' within the unincorporated area of the County that are, by some means supported through the efforts of the Board of County Commissioners; and WHEREAS, each wastewater authority within the unincorporated area of the County has slightly differing policies requiring connection to an available sewerage system; and WHEREAS, the existing Secs. 15.5-20 through 32 provide substance but not detail' � regarding connection requirements to an available sewerage system, as defined therein; and WHEREAS this Ordinance would provide criteria and greater detail than the 2 connection requirements of Chapter 15.,5 as it would relate to 1. the obligations of the a publicly owned or investor owned sewerage system for providing service at or near a private property boundary and 2. the obligations of a private property owner to provide connection to the sewerage 00 system, and WHEREAS, it is intended that this Ordinance be, as flexible as possible, it may be, modified from time to time as conditions warrant, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: Se ion_1. Sections 15.5- -1.5.5- , Monroe County Code, are hereby created to read as follows. Sec. 15..5- 3: Title. Unincorporated Monroe County Uniform Wastewater Connection Standard Sec. 15.5- 4: Purpose. This Standard serves to supplement Sections 15.5-20 through of the Monroe County Code.. Ord`iW'MP ConnectionPolicy R Q3[i0 13.p71503.p$OG4'3 08l'06A)3 4.44 PM Packet Pg. 2627 Marine Resources Sec. 15.5-3'5: ApplicabillitV. Thiis policy applies to aill publicly owned and investor- owned: wastewater utilities in unincorporated Monroe County financially supported by the Board of County Commissioners, including the Florida Keys Aqueduct Authority (l , the Key Largo Wastewater Treatment District (KLWTD), and Key West Resort Utility (KWRUI). A. The goal of thiis, policy is to have every residential andl commercial user of a system treated equitably to the greatest extent possible: 1. in the Utilities' provision of wastewater, facilities in the publlic rilght-of- way; and 2. in the wastewater components that are required to be provided by the user on his/her private property. U) Sec. 15.5-36: Definitions. B. Compatible system: A compatible system shall be a vacuum system (or other U) collection system provided by the utility within the pubilic right-of-way), or a T sewage force maiin, 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. 0 C. Connection: A connection is defined as, the point where an individual or multiple EDUs are connected to the Utility's central collection system and may be 0 by gravity, pressure, or vacuum. 4- 0 D. Equivalent Dwelfing Unit (EDU),: For purposes of this Ordinance, one E'DU is assumed to generate a sewage flow of 167 galllons per day, and a Recreational Vehicle (RV) unit is assumed to generate a, sewage flow of 7'5 gallons per day. One EDU is eqiuivalent to one Equivalent Residential Connection (ERC) as defined by some utilities. .2 E. Hydrostatk Test. F. Pipelines: All private gravity sewers shall be tested for leakage prior to C� 00 connection to the Utility. N G. All testing for acceptance shall be performed at periods of lowest tide. Testing shall be performed only during the 6-hour period! of the lowest tide period of each day (once per day). The Utility shall' determine this 6-hour period each day. 0 H. Testing: Equipment Accuracy: Plus or minus, 1/2 gallon of water leakage under specified conditions. E 1. Maximum Allowable Leakage: 01.,16 gallon per hour per inch diameter per 100 feet. J. Hydrostatic Head: L At least six feet above maximum estimated groundwater level In section being tested. ii. No, less than six feet above inside top of highest section of pipe in test section. Ord SWMP ConnectionPolicy Rev030613_071503.080603 09/00013 4A4 PM Packet Pg. 2628 Marine Resources, K. Pumping stations shall be designed with a standard receptacle for connecting portable power generating equipment L. 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. M. Force main leakage tests shall be performed in a manner acceptable to the Utility's engineers N. Infiltration and Inflow (I/I): Infiltration and Inflow (W) is, the introduction of storm, water run-off, groundwater or other sources of uncontaminated water into a sanitary sewer system. The introduction of I is prohibited by Chapter 62 of the Florida Administrative code. All sewer collection systems shall be U) 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 S approved by the utility's engineer. 0U) 0., Ownership of system constructed by private property owner: Where 0 reasonable permanent and temporary easements are, granted by the private I- 0 property owner, the utility may take over the facilities within the permanent easement for ownership and for operation and maintenance in accordance with paragraph 10 below., Facilities outside the permanent easement shall remain the responsibility of the private property owner. 0 4- 0 Sec. 15.5-36: General Direction. A. Every user, either residential or commercial, shall have, utility facilities made available to him/her for connection of his system in the public right-of-way, abutting his/her property. .2 B. New wastewater systems or extensions generally will be vacuum systems, which the Monroe County Sanitary Wastewater Master Plan identifies as the most economical for systems of 200 to 300 users or greater in Monroe County. Cv C., Larger concentrated flows, may best be accommodated by connection of an 00 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 main. The decisions as to such improvements will be made by the Utility based principally on cost efficiency in consideration of expense to both the Utility and 0 properties that may be connected to it. E D. Pump Stations 1. For existing wastewater pump stations: a. The user shall! upgrade, at his/heir cost, the pump station to; industry and utility standards so; that the station: is able to discharge the: design flow to the wastewater to the collection system. 2. For new wastewater pump stations: a. The user shall provide, at his cost, the new pump station that complies with industry and utility standards. Ord SWMP ComectionPoficy Rev030613-071503.080603 08/06/03 444 PM Packet Pg. 2629 Marine Resources 3. Once installed: or upgraded, 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. E. For private property or contiguous properties under one ownership with one or. more EDUt s which in total has/have an cumulative estimated wastewater flow of less than 1,0100: gallons per day: 1. The utility shall provide a: means of connection within the public right- U) of-way, whether by vacuum pit or other, that abuts the property and, that can be accessed via a gravity system; or U) 0 CD 2. At the request of the property owner, the utility shall provide a connection to the utility system at the public right-of-way line that abuts the property for the property owner to extend onto his property a collection system that is compatible with the utility system and meets the minimum 0 utility design standards. F. There are two options available for a private property or contiguous properties 'a under one ownership with multiple dwelling units, such as mobile home parks, 12 apartments, condominium associations etc» which: cumulatively has an estimated 0 sewage flow exceeding 1,,000 gallons per day and which is currently served by onsite wastewater systems (septic or unknown) or which is currently served by existing wastewater infrastructure and a wastewater treatment plant: 1. The utility may provide a connection to the utility system at the public .2 Z right-of-way line for the property owner to extend a collection system; onto his/her property. The collection system shall be compatible with the utility system and shall meet minimum utility design standards. C� 00 2. Where reasonable permanent and temporary easements are granted by N 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 .;j The utility is encouraged to meet with the property owner and his engineer to review the options that are available, E G. For new developments or existing developments constructing new collection system (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 charge, to the utility for ownership and for operation and maintenance. The wastewater improvements, and: al:l local and state permitting that may be required, shall be coordinated with the County's development review process as defined in Chapter 9.5, Monroe County Code. Ord SWMP ConnectionPolicy Rc,Y030613.071503.080603 08/06103 4A4 PM Packet Pg. 2630 Marine Resources H. 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 Ifi, the system shall be brought up to industry and utility standards before connection to the ulltiillity system. All other components of the wastewater system must meet industry and utility standards., Sec. 15.5-38: Conflicts with other laws or regullations. In the case of a conflict r- between this Unincorporated Monroe County Wastewater Connection Standard and any U) state or federal, law or administrative rule or regulation the provisions of state or federal law or administrative rule or regulation shall conitrol. U) Section 2. Severabillity. If any section, subsection, sentence, clause or provision of this, 0cm Ordinance is held iinvalid, the remainder of this ordlinance shall not be affected by such invalidity. r_ Section . Repeal of inconsistent ordinance or resolutions., All Ordinances or Resolutions or 0 4- parts of Ordinances or Resolutions in conflict with this, Ordinance are hereby repealed to the extent 0 of said conflict. Section 4. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be 0 included and incorporated' in the Code of Ordinances of the County of Monroe, Florida, as an addition 4- 0 to amendment thereto, and shall Ibe appropriately renumbered to conform, to the uniform numbering 0. system of the Code. 0. M Section 5. Effective date. This Ordinance shall be: filed with, the Office of the Secretary of State of the State of Florida, and willil take effect upon notice of receipt by that agency. .2 PASSED AND ADOPTED by, the Board of County Commissioners, Monroe County, Florida at a, regular meeting of said Board held on the _-15d'ay of july 2003. Mayor Spehar Yes Mayor Pro Tern Nelson .-Yes C� 00 Cprhmistioner McCoy Yes cv op?rnisooner Neug,ent Yes rimis$foher Rice Yes BOARD OF COUNTY COMMISSIO�ER& 0 "OANNY.L,KO LHALF, Clerk OF M!07 L rM U N!!�V E By w By Deputy Clerk Maiyor/Chairperson MONROE COUNTY ATTORNJ�( PP R M : .4 IROBER O'Fly *' jo,rdlWWconnectGG CHI Tp Y ATTORNEY Date Ord SWMP CoruiectionPolicy Rcv030613.071503,080603 08106/03 4:44 PM Packet Pg. 2631 P.1.e w.' '" r. Lou 4. CLERK OF THE CIRCUIT COURT MO'NROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEG" NtkRATHON SUB COURTHOUSE tw ONR, E COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 5(X)W .iTEHEaA D STREET SUITE;101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FI,ORIDA�:3fP40 PLANTATION KEY:FLORIDA 33070 TEL.,(:Illy 211 -W27 TEL.(305)292,3550 TEL.(305)852-7145 FAX(305)289-1 45 FAX(305)295- i3 FAX(305)852,7146 � August 19, 2003 3 Department of State, Bureau of Administrative Code The Collins Building � 167 West Gaines Street, Suite L4 � Tallahassee,, Florida 2399-02 0 Certified Mail Receipt#7002 203 0 1 2668 8153 Dear Ms. Cloud: Please be advised that at a Regular Meeting,in formal session on July 15, 2003 the Board of County Conunissioners of Monroe County adopted Ordinance No. 028-20003 creating Sees. 15.5-33 through 1 . -38, Monroe County Code, in order to provide for a Uniform Wastewater Connection Policy for unincorporated areas within Monroe County, by supplementing Secs. � 1 . -20 through 1 . 2, Monroe County Code, concerning required connection to available sewerage systems as defined therein, providing for inclusion in the Code ofOrdinances, providing � for severability, providing for repeal of Sections found inconsistent with this revision, and providing for an effective date. Attached hereto is a certified copy of the subject Ordinance for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. 00 Very truly yours, � Danny L. IColllage Clerk of Court and e -offlcio Clerk to the Board of County Commissioners 4xa,�, 13y. ' Isabel C. De antis, Deputy Clerk. Cc: Municipal Code Corporation, Certified Mail Receipt #7002 20 t100012668 8146 Monroe County Commission County Attorney Growth Management Director Finance ° Packet Pg. 2632 P.1.e ' 1 1 + , f 1 I + f � , 1 o ' f ■ f 888 f ;v VJ C CD U CD G3 ❑.� c Q —CG m Q; �r•+ •A` 1 a® ~ 1 IL .•r f 00 w �W - 0666 9992 ZQDQ DEQ2 2D0� a) N N � N a) � Q7 ❑ o CV N Q Q � O Z } ,n r m m LO C) •w ] D {} -- �_ E -. f L Z w U Q" c .,. Q '- -oCTI ? wE] a7 a) 2}, a C. ❑ -o ?, c Q; -o -o U) m a3 �' ~ ' o a) r� ro : W a} U aJ j cr ru al Q j 0 ■ O v p E o Cl) � � ) 4-5 0 4- '0 Q Q — cn � o C) (1) 04 N 4- 4WD CE " (D w %+- 9 Q a c� _ + ¢ .•• Q Z a� Co w M 0' Q u- P.1.e r r i r r r , � r , ■ � r r ■ - r r ers; qV 10 r F.Tx 0 CY r �I x r p m , o CL CL i d m � m ■ i ::'- N cc C y.. ci] ��p o � za • � � taE .pt,4 00 a a Q � O 1► �+: �(� cv W� o i C c k ; W Ix W ) 'v] o `C3 r_ F466 9992 2000 0E02 20N. 4] r r U� c � 'm Y � N nj 0 � E 3cc r� C? n N N '� iff C 0 � •. O CL►� N N .� c� x crLU z � 0 U 0. ) Qv) a o � cr- N C u uj Cl C3 CC cr- ■ �' = ru to4.1 0 C3 v C3 N (D �- E o a) CA Cq >CL �-' Cq E '!0 1-- : �E N � T � �0) C 0 0 16. o � (� N co C4 a viZ� 0000 40 0 m CL � Q � � cq N � � � m0 Cif � u G m cv ° -a U- Z, 0- 0 � � � Z 4 �"U LM � �' m eam 03 (DOC G � dmom U micasFm o m o N L) = o- n a � r P.1.e STATE OF FLORIDA DEPARTMENT ENT" OF STATE JEB, BUSH GLElf DA, E. HOOD Governor Secretary of State U) 3 3 August 29, 2003 U) Honorable Danny L,. l .olhage Clerk of the Circuit Court Monroe County 00 Whitehead Street Key West, Florida 33040 0 Attention: Isabel C. De antis, Deputy Clerk 0 Dear Mr.. l olha e: Pursuant to the provisions of Section 125,66, Florida Statutes, this will acknowledge receipt of your letter dated August 19„ 2003 and certified copy of Monroe County : Ordinance No. 028-2003, which was filed in this office on August 21, 2003. °2 Sincerely, w 00 Liz Cloud � Program Administrator LC/n C3 s— e : l TlliJREAU OF ADMINISTRATIVE CODE DIVISION OF ELECTION The Collins Building,Room L43 r 107 W. Gaines street + Tallahassee,Florida 32399-02 0 Te:lephonr: (850)245- 2?0 * Facsimile: (8 0)24 -6282 WWW http://www.dos.state.tl.0 E-Mail;DivElections dos.tia^crFeft us I Packet Pg. 2637 Email Confirmation Page 1 o M, ,un*c' p Cor jQra I'll, t , a 1', C,od e r'p t t on, Municipal Code Corporation info@n-iur-oicc) .c r P.O,. Box 2235 Tallahassee„FL 3231 -22.35 Monroe Count. FL Cede of Or Ordinances - 1979(1,1270) � Supplement 82 Recorded: 812812003 12:32:14 PM We have received the following material thorough Hard Copy . U) 3 3 Docronlentr Aclqptuon Description U) "ti Ordinance No. 7/l5/217 3 Amending The Provisions gal"Wastewater Services and Facilities in as 027.2003 Monroc,County,Florida. � Ordinance No. 7/15/2003 Creating Sections 15.5-33 through 15.5-38,in order to provide for a � 02 -2003 Uniform WastewateTConnection policy for Unincorporated Area within Monroe County, 0 ca Ordinance No. 11/20/2003 Amending sec. 1:3.5-5(D)park hours � 032-2003 Tired of receiving your acknowledgements ledgement by mail? Send us your email address at rinl:fo@mtat icode. o . You can submit your ordinances visa entail to ord:$@m:unicode.com. � " Why not place your ordinances on-line in between supplements. Ask us about our newest service, NOW (New Ordinances on the Web). � ,re you tired of mailing out codes and supplements? Tired of printing additional copies of codes` Let Municipal Code handle the distribution and sales Contact the distribution department at: disf@municode.com r*t .:t ""` ev ' 00 t t u • E http://intratiet.rnuiiicode.com/B[`JFtecordi g 'packno ledgePrint.asp'.jo id l l3 4&print ,t ... Packet Pg. 2638 P,age I o Belle Desanitis From: <info@municode.cor-n> To: <idesanbs@monroe-clerk.corn> Sent: Mondaiy, November 17', 2003 4:19, PM Subject: Acknowledgment of material received Municipal Code Corporation Munloode.com P.0 Box 2235 Tallahassee,FL 32316-2235 850-576-3171 Mo.nrole C001unty, FL tCodle, of U) i I I GI nkc e so - 19 7 In t 82 13 13 Recorded: 812812003 12:32,:14 PM 0 We have received the following material through and Copy., 4- 0 91 91 IDoCu�ment Adopition Description Ordinance 7/15/2003 Amending The Provisions of Wastewater No. 027- Services and Facilities in Monroe, County,, 2003 Florida., .2 Ordinance 7/15 2003 Creating Sections 15.5-33 through 15.5- , No. 028- in: order to provide for a Uniform Wastewater 2003 Connection Policy for Unincorporated Area C� 00 within Monroe County., Ordinance 8/20/2003 Amending sec. 13.5-5,(D), park hours �No. 032- �2003 0 Ordinance 8/20/2003 Amending chap. 5.5 boats, docks and E No. 0 - waterways 2003 Ordinance /18/2003 Amending Sec. 9.5-268(Existing Residential No. 0261- Dwell'ings)to permit residential structures 2003 legally lestabllished before January 4, 1996 to be, considered as legal residential structures. Ordinance 7/15/2003 Amending Land Development Regulations, No. 031- ISec. 9.5-252(Cam)(3)h, (AICUZ) and creating ill Packet Pg. 2639 P.1.f MEMORANDUM Office of the Monroe County Attorney TO: Mayor Murphy, County Commissioners, and Roman Gastesi, County Administrator THROUGH: Bob Shillinger, County Attorney U) FROM: Cynthia L. Hall, Assistant County Attorney DATE: April 1, 2019 U' SUBJECT: Proposed Wastewater Ordinance c� 0 The purpose of this memorandum is to describe the changes in the attached proposed wastewater ordinance. 0 4- 0 Summary The attached ordinance clarifies and simplifies Articles III, IV and V in Chapter 20 of the Monroe County Code of Ordinances (Sewage and Sewage Disposal). Article III contains the County's mandatory 30-day connection requirement. Articles IV and V contain two slightly different sets of wastewater connection standards: one applicable to properties in the Z: unincorporated County as a whole, and one applicable to properties served by Florida Keys Aqueduct Authority. Updating is advisable to reflect current engineering technology. Changes in the Proposed Wastewater Ordinance The attached proposed wastewater ordinance: 1. Retains the mandatory connection provisions with updated language; 2. Combines the two connection standards into a common standard; 3. Introduces one new technical term into the definitions section of the connection standards ordinance ("deleterious discharge") and significantly amends two other technical terms ("compatible system" and "Infiltration and inflow"); and 4. Removes certain technical requirements (hydrostatic heads and hydrostatic tests) from the connection standards that are no longer required. c E Purpose for the Proposed Ordinance The primary reason for adopting the ordinance is to update the terminology used in the original ordinance. The original ordinances were adopted when the wastewater program was just coming into being. Now 18 years after adoption of the first of these ordinances, and as the central wastewater systems are completed, it is appropriate to clean up the codes. This revision reflects terminology and engineering practices actually in place and being used by the wastewater utilities operating in the unincorporated County (FKAA, KWRU, Key Largo Wastewater Treatment District, and Ocean Reef). (This ordinance has been reviewed by all four utilities.) 1 Packet Pg. 2640 P.1.f Additionally, in recent litigation (Delaney v. FKAA and Monroe County), the Circuit Court had some difficulty understanding the standards and expressed concern about the use of one undefined term ("gravity system")in one sub-section within the FKAA-specific connection standard (current MCC Code Section 20-105(e)). This ordinance removes the term so that the connection standard is clear. Background In January 2000, the Board of County Commissioners (BOCC) adopted Ordinance No. 004- 2000, requiring mandatory connection of properties to central wastewater systems within thirty (30) days from notice of availability of central wastewater services. Ordinance No. 004-2000 was enacted in response to State requirements to compel connections set out in Ch. 99-395, Laws U) of Florida(subsequently codified in F.S. 381.0065, 381.0066, and 381.00655). The ordinance was authorized by Section 4 of Ch. 99-395, which provided that any local government within the Florida Keys area of critical state concern may enact an ordinance requiring connection to the central sewerage system within 30 days of notice of service availability. The"mandatory 0 connection" requirement in Ordinance No. 004-2000 was codified in Chapter 20, Article III of the Monroe County Code of Ordinances. Following this, in 2002 and 2003, BOCC enacted ordinances that established connection standards for users of all of the various wastewater utilities in the unincorporated County. These ordinances (Ordinance 017-2002 and 028-2003)were adopted in response to requests by the public for clarification and standardization of connection standards, i.e., clarification regarding who was responsible for paying for infrastructure necessary to connect a property to the central wastewater system. Ordinance No. 017-2002 applied to all utilities in the unincorporated Z: County; Ordinance No. 028-2003 applied specifically to properties serviced by Florida Keys 2 Aqueduct Authority. These two "connection standards" ordinances were subsequently codified in Chapter 20, Articles IV and V of the Monroe County Code of Ordinances. cv Recommendation a� Staff recommends adoption of the ordinance. 0 2 Packet Pg. 2641