Item S4 S.4
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.���` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: S.4
Agenda Item Summary #7509
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance creating a
new Section 20-80 of the Monroe County Code, requiring property owners to remedy deleterious
discharges and infiltration and inflow to all wastewater systems in the unincorporated County.
ITEM BACKGROUND: The term "deleterious discharge" is currently defined in Chapter 20 of
the Monroe County Code (Sewers and Sewage Disposal) to mean the addition of substances such as
fats, grease and paint residue into the public sewer system, e.g., by pouring them into a property's
toilets or directly into drainpipes. The term "infiltration and inflow (I&I)" is currently defined in
Chapter 20 to mean the introduction of excess stormwater, groundwater and cooling water into the
sewer system. Currently, Chapter 20 requires a user to demonstrate that a property's collection
system is free of deleterious discharges and I&I at the first time that the property is being connected
to the sewer system, but does not contain any provisions that require a property owner to continue to
make sure that discharges and I&I are not introduced to the system.
In order to address a growing problem, local wastewater utilities have asked the County to add
provisions that would create an obligation for existing property owners to refrain from introducing
either type of substance into the sewer system. The proposed ordinance creates that obligation,
authorizes all of the wastewater utilities to issue correction notices to the property owners, authorizes
the utilities to do the work to correct the problem if the property owner does not take action, and sets
up an administrative appeal process for the property owner to be conducted by the wastewater utility.
The ordinance is only applicable to owners connected to a sewer system in the unincorporated
County.
PREVIOUS RELEVANT BOCC ACTION:
10/21/20 (Q7) BOCC scheduled a public hearing to be held 11/17/20 in Key West, FL at 1:30
P.M. or as soon thereafter as may be heard.
CONTRACT/AGREEMENT CHANGES:
N/A
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S.4
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Wastewater intrusion 2020 draft ordinance 10.1.2020
Notice of Intention to Consider Adoption of County Ordnance re: deleterious discharges and
infiltration WW systems in FK BOCC 11/17/20 (10/22/20)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A—not a contract
Total Cost to County: Advertising costs
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
Cost of advertising
REVIEWED BY:
Cynthia Hall Completed 11/02/2020 8:15 PM
Kevin Wilson Completed 11/03/2020 7:08 AM
Bob Shillinger Completed 11/03/2020 10:14 AM
Purchasing Completed 11/03/2020 10:16 AM
Budget and Finance Completed 11/03/2020 10:18 AM
Maria Slavik Completed 11/03/2020 10:19 AM
Liz Yongue Completed 11/03/2020 10:35 AM
Board of County Commissioners Pending 11/17/2020 9:00 AM
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S.4.a
ORDINANCE NO. -2020
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CREATING A NEW SECTION 20-80 OF THE MONROE COUNTY
CODE; REQUIRING PROPERTY OWNERS TO REMEDY ANY
DELETERIOUS DISCHARGES OR INFILTRATION AND INFLOW _
IN WASTEWATER SYSTEMS; PROVIDING FOR CONFLICTS
AND CODIFICATION; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.01(1)(t), Florida Statutes, 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, Article V of Chapter 20 of the Monroe County Code sets uniform
wastewater connection standards 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 policies across
the three utilities regarding policies for connection to the wastewater systems; and
WHEREAS, the term "deleterious discharge" is defined in Section 20-76 of the Monroe
County Code to mean any discharge of harmful substances into sewers, including but not limited 0
to paint residues, oils, grease, and toxic, noxious or malodorous substances; and
WHEREAS, the term "infiltration and inflow" is defined in Section 20-76 of the Monroe
County Code to mean "introduction of any unpolluted stormwater, surface water, groundwater,
roof runoff, interior or exterior footing or basement floor drainage, subsurface drainage, or 2
cooling water into a sanitary sewer system. The introduction of I&I is prohibited by F.A.C. Ch. 2
62, All sewer collection systems shall be demonstrated to be free of I&I using one of the test 9
methods cited under the definition of industry and utility standard or by an alternative test
method approved by the utility's engineer"; and
WHEREAS, Section 20-78(c) of the Monroe County Code states that new users must
demonstrate that the collection system for their properties are free of deleterious discharges and
excessive infiltration and inflow, but does not address existing users; and
WHEREAS, the County and the wastewater utilities wish to add a provision to clarify
that existing wastewater utility users also must keep their collection systems free of deleterious C
discharges as well as infiltration and inflow;
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S.4.a
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. A new Section 20-80 shall be added to the Monroe County Code, to read as
follows:
Sec. 20-80. -Infiltration and inflow and deleterious discharges to sewer prohibited.
(a) It shall be unlawful for a person to allow or to cause infiltration or inflow (I&I) or
deleterious discharges to enter a sewer system from private property.
(b) Property owners must clean, maintain and repair sewer laterals serving their property
sufficiently to keep the laterals in operable conditions at all times. Maintenance under
this section includes repairing a defect in a lateral that allows the introduction of =�
infiltration and inflow (I&I) and ensuring that deleterious discharges are not introduced
into the central wastewater system.
(c) If a utility determines that deleterious discharges or I&I are entering the sewer system
from private property, it shall provide a written correction notice to the property owner, s
by certified mail, return receipt requested, specifying the deficiencies to be corrected c.
and the deadline by which to complete the required corrective actions. The notice shall
specify the street address of the real property upon which the discharge or I&I is
occurring; the name of the owner of the real property; and shall state that the owner, or
someone on his behalf, must correct the deficiencies within thirty (30) days of the date
of the notice. If the deficiency is not corrected within 30 days, the utility may proceed
to do the work and assess the costs thereof against the real property. For purpose of this
article, the names and address of property owners shall be deemed those appearing on
the latest tax rolls of the county. The owner shall provide the utility's authorized
representative with access for inspections of the property's sewer line so as to determine
compliance with the notice.
(d) Upon receipt of the notice, the property owner may seek an administrative hearing with
the utility at which the owner or his agent may present evidence to rebut the 2
determination of the utility or to negotiate terms of the repair. The property owner must 2
request the administrative hearing in writing within fifteen (15) days of the date of they
notice. The request for an administrative hearing must be sent to the director by
certified mail, return receipt requested. Failure to timely request the administrative
hearing shall waive the property owner's right to the hearing.
(e) The administrative hearing shall be conducted by the utility within fifteen (15) days of
the postmarked date of the request, unless both parties agree to an extension. The utility
director (or his designee) shall hear and receive evidence from the property owner. The E
director (or designee) shall issue an order within ten (10) days of the date of the hearing-
(1) In the event the director determines that there is no discharge or I&I, the
property owner shall not be required to take the corrective action.
(2) If an order is issued with a finding of deleterious discharge or I&I, and if the
owner fails to stop the deleterious discharges or fails correct the I&I, or both,
within ten (10) days after issuance of the order, the utility may request that the
County institute code compliance proceedings against the property owner as
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S.4.a
provided in Chapter 162 of the Florida Statutes and Chapter 8 of the Monroe
County Code of Ordinances.
(3) Violation of this section will be punishable, upon conviction, by a fine not to
exceed $500.00 per day or by imprisonment in the county jail not to exceed 60
days, or by both such fine and imprisonment pursuant to the provisions of F.S. §
125.69. If a violation is continued, each day of violation shall constitute a
separate offense. -�
(4) The County or the utility, or both, may also take any other lawful actions to
remedy the situation.
(f) Additional remedies for noncompliance with this section include, but are not limited to:
(1) Injunctive relief. Whenever a user is in violation of the provisions of this article
or an order issued hereunder, the County or the utility, or both, may petition the
Circuit Court for issuance of a restraining order or a preliminary or permanent
injunction to restrain the activities in question or compel repairs.
(2) Public nuisance. Any violation of this article, or of an order issued herein, is s
c.
hereby declared to be a public nuisance and shall be corrected or abated as
directed by the wastewater utility.
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Section 2. This ordinance shall be filed in the Office of the Secretary of State for the State
of Florida and shall become effective as provided by law.
Section 3. All ordinances inconsistent with this Ordinance are hereby repealed to the extent 0
of the conflict.
Section 4. Should any provision of this Ordinance be declared by a court of competent N
jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any N
part thereof, other than the part declared to be invalid. If this Ordinance or any provision therefore
shall be held to be inapplicable to any person,property or circumstances, such holding shall not 2
affect its applicability to any other person,property, or circumstances.
Section 5. The provisions of this Ordinance shall be included and incorporated in the Code
of Ordinances for Monroe County, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to confirm to the uniform marking of the system of the Code.
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S.4.a
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of November 2020.
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy -
ATTEST: BOARD OF COUNTY COMMISSIONERS OF v
Kevin Madok, Clerk of Circuit Court and Ex- MONROE COUNTY, FLORIDA
Officio Clerk to the Board of County
Commissioners
By: Deputy Clerk By: Mayor_ N
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S.4.b
NOTICE OF INTENTION TO CONSIDER
ca
ADOPTION OF COUNTY ORDINANCE
S
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 17, 2020 at y
1:30 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman
Avenue, Key West, 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 o
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CREATING A NEW SECTION 20-80 OF THE MONROE
COUNTY CODE; REQUIRING PROPERTY OWNERS TO
REMEDY ANY DELETERIOUS DISCHARGES OR
INFILTRATION AND INFLOW IN WASTEWATER
SYSTEMS; PROVIDING FOR CONFLICTS AND
CODIFICATION; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. .
The public can participate in the November 17, 2020 meeting of the Board of County
Commissioners of Monroe County, FL via Communication Media Technology ("CMT") using a
Zoom Webinar platform by following the detailed instructions below. The public is strongly
encouraged to watch the meeting on Monroe County's MCTV on Comcast Channel 76, AT&T UVerse
Channel 99 or on the County's web portal @ htip://monroecountyfl.igm2.com/Citizens/Default.aWx. Simply
select the "Watch Live"banner to view the live meeting with live closed captioning on an integrated page that
includes the agenda and agenda backup.
If a citizen has a Roku device,they can search for and add "MCTV"to their personal lineup. Monroe County's e
"MCTV"is also provided via the Monroe County mobile apps for 10S and Android and through our streaming
web portal ghjLtps://monr e-fl.vod.castLis.tv/vod/?Iive=chl&nav=live. r-
Citizens can listen to audio only from their phone by dialing (646) 518-9805 or (669) 900-6833 and, when 0
prompted, enter the Webinar ID# 929 7515 9065 followed by the#key. eat
The public can comment during the live Public Hearing either by phoning in or by connecting to the live
Zoom webinar link using the following instructions:
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a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, 0
when prompted, enter the Webinar ID# 929 7515 9065 followed by the #key, then
*9 to "Raise your hand" to be recognized by the Zoom webinar host.
b) To comment on an item using the live Zoom webinar link: Open this live Zoom
webinar link @ hqp://www.monroecogpty-fl.!,2�ov/BoccMeetingNovl7 (that also e
appears in both the published Agenda and Agenda Packet). When prompted, enter
your email address and name to join the webinar. When the Mayor calls for speakers e
on the item(s)you wish to comment on, or when the Board is nearing your item(s) as �.
the meeting progresses, select the "Raised Hand' feature that appears at the bottom
of the Zoom webinar screen to be recognized by the Zoom webinar host.
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S.4.b
The Zoom webinar host will request the item 4 you wish to speak on and enable your participation when the U
Mayor calls for public speakers on your item. To report problems with the broadcast or participation in
the Zoom webinar,please call(305) 872-8831. U-
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any Ch
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.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office, by phoning(305) 292-4441, 13
between the hours of 8:30 a.m. - 5:00 p.m. prior to the scheduled meeting; if you are hearing or voice C
impaired, call "711': Live Closed Captioning is available via our web portal @ 'a
http://monroecountyfl.igm2.com/Citizens/Default.aWx for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 22nd day of October, 2020.
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida a�
Publication dates:
KW Citizen (Wed) 10/28/20—Account# 143331 (BOCC)
Keys Weekly(Th) 10/29/20 -Account#2074 (BOCC)
News Barometer (Fr) 10/30/20 -Account#NB007 (BOCC)
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