Ordinance 011-2019ORDINANCE NO. 011 -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.
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
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 20-5 1) 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
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
connecting to a wastewater system anywhere in the unincorporated County operated by KW Resort
Utilities Corp., Florida Keys Aqueduct Authority, or Key Largo Wastewater Treatment District, in
order to standardize differing policies among the three utilities regarding policies for connection to
the wastewater systems; and
WHEREAS, after fifteen years, and given changes and improvements in engineering, it is
time to revise, standardize, and harmonize the connection policies.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
Section 1. Articles III and IV of Chapter 20 of the Monroe County Code is repealed in
its entirety as replaced with the following:
See.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/berth shall mean a slip, dock or berth bordered by a seawall, or a fixed
or floating pier used for mooring or docking boats, houseboats, barges, or other types
of floating modules or vessels used for or capable of being used for residential or
non-residential use at a marina facility or on private waterways.
Building 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 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.
Owner means the record owner of any premises, or any person claiming by or
through the owner.
Premises means any and all real property and tangible personal property affixed to
the real property served or capable of being served by a wastewater utility operating
within unincorporated Monroe County.
(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.
(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
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.
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(b) The publicly owned or investor -owned sewerage system must notify the owner of
the property of the availability of the central sewerage system.
(c) No less than one year prior to the date the sewerage system will become available,
the publicly owned or investor -owned sewerage system shall 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
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 the
connection of the premises to the utility's wastewater system.
(f) In the event the county or the utility 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
as replaced with the following:
Sec. 20-76 Definitions and General Rules.
(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
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-way.
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
substances, including but not limited to:
• Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar, plastics,
wood or sawdust, unground 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
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requires unusual provisions, alteration or expense to accommodate such
material.
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
by the utility's engineer.
(b) Transfer of ownership of a compatible system constructed by private property owner:
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 charge, a
permanent easement for the compatible system. Facilities outside the permanent
easement shall remain the responsibility of the private property owner.
Sec.20-77 Applicability.
(a) This policy applies to all publicly owned and investor -owned wastewater utilities in
the unincorporated areas of the county.
(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 their 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 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 II of this Code.
(c) User to demonstrate system as free of deleterious discharges and excessive I&I:
Before a wastewater collection system can be connected to the utility's system, the
user shall demonstrate to the satisfaction of the utility that the collection system is
M
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.
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.
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17"' day of April, 2019.
o
Mayor Sylvia J. Murphy
Yes
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A Mayor Pro Tern Danny Kolhage
Yes
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$ Commissioner Heather Carruthers
Yes
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Commissioner Michelle Coldiron
Yes
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Commissioner David Rice Yes
KEVIN MADOK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Sylvia J. Murphy
�4IONAOE COUNTY ATTORNEY
�! APP OVER IS TTRJui'//
Published Weekly
aik-ILL . Fl*rid,2,
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JASON KOLER who
on oath, says that he is PUBLISHER of
the WEEKLY NEWSPAPERS, a weekly
newspaper published in Marathon, in
Monroe County, Florida: that the
att;Ached copy of advertisement was
publrsh4 in said newspaper in the
issues of: (date(s) of publication)
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MON =111M M-111111110"
VFW
at Marathon, in said Monroe County,
2S,
In said Monroe County, Florida, once
each week (on Thursday) and has been
the post office in Marathon, In Monroe
next preceding the first publication of
affiant further says that he has neither
paid nor promised any person, firm, or
•
�orpbration any discount, rebate,
securing this advertisement for
-UAQ-d
afficia-l-A--dyerti sgrnent5.
CHARL", UF HRUSKA
My CWWSS()i% # GG 221835
EXPIRES'
,,03!finer l, 2022
Bonded Thru �4of 4n C Undetwaters
MONROE COUNTY A17ORNEY
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Pine Key -No Name Key -Little, Middle & Big Torch
P.O. Box 431639
305-872-0106 Fax- 305-515-2939
STATE OF FLORIDA
COUNTY Of
Big Pine Key, FIL 33043
RECEIVED
MONROE COUNTY ATTORNEY
Before the undersigned authority persoina!ly appeared Steve Estes, who on oath says that he is the
Publisher for the News -Barometer, a weekly newspaper published each Friday in Big Pine Key,
Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
of.
was published in said newspaper in the issue(s) of -
March 29, 2019
Affiant further says that the News -Barometer is a weekly newspaper published in Big Pine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, 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 she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur-
pose of securing this advertisement for publication in said newspaper.
ignature of Affiant
rn subscribed before me this5th day of April 2019
Signature of Notary Printed Nae of Notary
Expires v. V-
Personally Known Produced Identification
Type of Identification Produced
My COMMISSION # GG 160760
EXPIRES: November 15: 2021
B(,n,jed Thro Notary PO4C UACIMMO
A� teyi n Madok, CPA
Y � � Clerk of the Circuit Court& Comptroller—Moniroe County, Florida
April 30, 2019
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It Mav Concern,
Attached is an electronic copy of Ordinance No. 011-2019 revising Articles III (connections
of on-site sewage disposal system to central sewerage system), IV (connection to 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on April 17, 2019. Should you have anv questions,please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by.•Pamela G. Hancock, D.C.
cc: County Administrator
County Attorney
K. Wilson
BOCC
File
KEY'i WEST MARATHON PLANT TVON KEY PK/RO�TH BUILDING
5010 Whitehead Street 3117 Overseas IHlighwvay 33320,0verseas Highway 50 iHligh,Point Road
KeyWest,Floridla 33040, Marathon,Florida 33050 Plantation Key,Florida 330,70, Plantation Key,FUorida 33070
3015-2'94-46411 305-2301-60,27 3015-352-71145 305-352-71145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
April 30, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011-2019, which was filed in this office on April 30,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us
From: ords2municode.com
To: Pete rs-Kajteri ne2 mon roecou ntv-fl.a ov; Hall CvnthiaC monroecounty-fl.gov; Pam Hancock;Schemper-
Emily2 Mon roeCounty-FL.Gov
Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 19 Update 1
Date: Wednesday,May 01,2019 9:07:48 AM
Attachments: ATT00001.bin
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Ordinance No. 012-2019 17/2019 4/26/2019 PDF
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