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Ordinance 028-2003 Marine Resources ORDINANCE NO. 028 2003 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS CREATING SECS. 15.5-33 THROUGH 15.5-38, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR A UNIFORM WASTEWATER CONNECTION POLICY FOR UNINCORPORATED AREAS WITHIN MONROE COUNTY, BY SUPPLEMENTING SECS. 15.5-20 THROUGH 15.32, MONROE COUNTY CODE, CONCERNING REQUIRED CONNECTION TO AVAILABLE SEWERAGE SYSTEMS AS DEFINED THEREIN, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF SECTIONS FOUND INCONSISTENT WITH THIS REVISION, AND PROVIDING FOR AN EFFECTIVE DATE. 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 sewerage system within the unincorporated area of Monroe County; and 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 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 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: Section 1. Sections 15.5-33-15.5-38, Monroe County Code, are hereby created to read as follows: Sec. 15.5-33: Title. Unincorporated Monroe County Uniform Wastewater Connection Standard Sec. 15.5-34: Purpose. This Standard serves to supplement Sections 15.5-20 through 32 of the Monroe County Code. Ord SWMP ConnectionPolicy Rev030613,071503_080603 08/06/034:44 PM Marine Resources Sec. 15.5-35: Applicability. This policy applies to all 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 (FKAA), the Key Largo Wastewater Treatment District (KLWTD), and Key West Resort Utility (KWRU). A. The goal of this policy is to have every residential and commercial user of a system treated equitably to the greatest extent possible: 1. in the Utilities' provision of wastewater facilities in the public right-of- way; and 2. in the wastewater components that are required to be provided by the user on his/her private property. Sec. 15.5-36: Definitions. B. Compatible system: A compatible system shall be a vacuum system (or other collection system provided by the utility within the public right-of-way), or a sewage force main, if the utility has a force main with adequate capacity. Note larger concentrated flows may require connection to a utility-provided force main within the public right-of-way. 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 by gravity, pressure, or vacuum. D. Equivalent Dwelling Unit (EDU): For purposes of this Ordinance, 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. E. Hydrostatic Test. F. Pipelines: All private gravity sewers shall be tested for leakage prior to connection to the Utility. 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. H. Testing Equipment Accuracy: Plus or minus 112 gallon of water leakage under specified conditions. I. Maximum Allowable Leakage: 0.16 gallon per hour per inch diameter per 100 feet. J. Hydrostatic Head: i. 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 Rev0306 13.071 503.080603 08106/034:44 PM 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 (1/1): Infiltration and Inflow (1&1) is the introduction of storm water run-off, groundwater or other sources of uncontaminated water into a sanitary sewer system. The introduction of 1&1 is prohibited by Chapter 62 of the Florida Administrative code. All sewer collection systems shall be demonstrated to be free of 1&1 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. O. Ownership of system constructed by private property owner: Where reasonable permanent and temporary easements are granted by the private 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. 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. 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. C. Larger concentrated flows may best be accommodated by connection of an upgraded existing or new pump station to a wastewater force main provided by the utility within the public right-of-way rather than connection to the vacuum 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 properties that may be connected to it. D. Pump Stations 1. For existing wastewater pump stations: a. The user shall upgrade, at his/her 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 ConnectionPolicy Rev030613_071503.080603 08/06/034:44 PM 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 EDUs which in total has/have an cumulative estimated wastewater flow of less than 1,000 gallons per day: 1. The utility shall provide a means of connection within the public right- of-way, whether by vacuum pit or other, that abuts the property and that can be accessed via a gravity system; or 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 utility design standards. F. There are two options available for a private property or contiguous properties under one ownership with multiple dwelling units, such as mobile home parks, apartments, condominium associations, etc. which cumulatively has an estimated 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 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. 2. Where reasonable permanent and temporary easements are granted by the private property owner, the utility may, at its discretion, provide facilities within the granted easements, or at the utility's discretion may accept facilities constructed by the private property owner for operation and maintenance. The utility is encouraged to meet with the property owner and his engineer to review the options that are available. 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 all 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 ConnectionPoIicy Rev030613.071503.080603 08/061034:44 PM 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 (1/1), in accordance with industry and utility standards. If the system is not free of excessive 1/1, 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. 15.5-38: Conflicts with other laws or 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 2. Severability. If any section, subsection, sentence, clause or prOVISion of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 3. Repeal of inconsistent ordinance or resolutions. All Ordinances or Resolutions or parts of Ordinances or Resolutions in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. Effective date. This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and will take effect upon notice of receipt by that agency. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 15 day of July. 2003. Mayor Spehar . Mayor Pro Tem Nelson /';->'CpmJl!i,SSioner McCoy /f,:;:,"':'/C;;j; Wmi~9:~er Neugent t/~, i' :!,~,' ~mmj5s}ooer Rice 4!! /. ',:~~, ~~~.. . . ) ,> ~l- ti-.", .,' ,.,,' "~~~;::~A1iN)ff~JS6LHAGE, Clerk '~.. ',,:~;~:>;./ By'"'~Q.~~ Deputy Clerk Yes Yes Yes Yes Yes jordWWconnectGG r-> -" c:::;lI _ BOARD OF COUNTY COMMISSIO~R& ~ ';, OF MON~O COUNl!c fLO~I A ~ :; ~ 0 ~ ... / /7. ..") C;").." 'JjU . (')Co r- 0; ~ B oC"). Y (""~~ ~ -;0 Mayor/Chairperson ~(-,r ':.1' I;:! "'-4:t: .. ~ ::-- .:Y'" \D 0 ~ Cl .' ---::J r- r"'; ,....., :~" MONROE COUNTY ATTORN~ \.D ~RM: ROBER ' OLFE D~~lIi~.Sjlrr!F~Y ATTORNEY Ord SWMP ConnectionPolicy Rev030613.071503.080603 08/06103 4:44 PM CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 August 19, 2003 Department of State, Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, Florida 32399-0250 Certified Mail Receipt #7002 2030 0001 26688153 Dear Ms, Cloud: Please be advised that at a Regular Meeting in formal session on July 15,2003 the Board of County Commissioners of Monroe County adopted Ordinance No. 028-2003 creating Sees. 15.5-33 through 15,5-38, Monroe County Code, in order to provide for a Uniform Wastewater Connection Policy for unincorporated areas within Monroe County, by supplementing Sees. 15,5-20 through 15,32, Monroe County Code, concerning required connection to available sewerage systems as defined therein, providing for inclusion in the Code of Ordinances, 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, Very truly yours, Danny L. Kolhage Clerk of Court and ex-officio Clerk to the Board of County Commissioners B~ {!. MJ~ Isabel C. DeSantis, Deputy Clerk Cc: Municipal Code Corporation, Certified Mail Receipt #7002 2030 0001 2668 8146 Monroe County Commission County Attorney Growth Management Director Finance ~.dv SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X GRACIE PENTON3 Agent ■ Print your name and address on the reverse -T j E=kIT S TATIEsssee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. • D. Is delivery address different from item 1? El Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Department of State Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 3. Se ice Type Tallahassee, Florida 32399-0250 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. era #O -+d' 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number • • • - ( • fransfer t`-wise ice label) € ,,=7 0 Q 2 2[13 Q Q Q 1 26 6$ $1, • • RS Form 38114 August 2001 Domestic Return Receipt 102595-02-M-1540 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 4j (Domestic,Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms .A ru Postage $ \ 0 Certified Fee -�f 1 D i G cc,.?) C� Pps"tmark Q 1 Return Reclept Fee 1 Heie 0 (Endorsement Required) / \ �, Restricted Delivery Fee ( 0,,c\ `� m (Endorsement Required) \S _ ram, ruTotal PosiQj@PASS• at Bureau of rim4nistrative Code E3 Sent To The Collins Building ram- 'Street,Apt. IZT-Wesf-Gaines Street, suite L43 - Li orPOBoxtieatJha ,ee-,--F-6or a---32-392a-f3r50- jp, CitSfat IP+4 • PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY _ ■ Complete items 1,2,and 3.Also complete A. Si.•at �e( `gym 4 if Restricted Delivery is desired. 7L4i ' Gr/I�„t„ L Agent • i int your name and address on the reverse 7 ( � . —� r that can return the card to you. ved by(Printed N e) 0r-Qa Delivery At • Attach this card to the back of the mailpiece, �, fLJyi or on the front if space permits. �[�.� f (f 41D. Is delivery address different from item 1 El10/13 1. Article Addressed to: If YES,enter delivery address below: ❑ No Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 3. ;ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise . ❑ Insured Mail ❑ C.O.D. • CAI##oa d-a0o3 I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7002 2030 0001 2668 8146 PS Fbrm:381:1,;August 2001 i i Domestic Return Receipt 102595-02-M-1540 ! i U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come 3' OFFIC hitEL ,, Postage $ -0 +/ 46/ r (i Certified Fee J <2UORstum Reciept Fee Postmark (Endorsement Required) / (9o� / 'I� Restricted Delivery Fee / m (Endorsement Required) tl Total Postage&Fee-, R, :: • - Corporation - - - - - o Sent To P. O. Box 2235 r-• Street,Apt No.; ltdiahassee;'FL 32318-2235 • or PO Box No. City,State,ZIP+4 ,yY D t- d oo 5 11- PS Form 3800,June 2002 See Reverse for Instructions ' 1 STATE OF FLORIDA DEPARTMENT OF STATE JEB BUSH Governor GLENDA E. HOOD Secretary of State August 29, 2003 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: 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. s~~ Liz Cloud Program Administrator LC/mp r-.:t ..:l c::3 .'1 0 0 c:::> - c..o.J r- % .l> en ", :::0 ....,:z: fT1 Or-Z .." 0 r'Il:x-< f ." C')'. r- oo. +:'" ~ C:-A :z?'o :tlllo ::0 -i ("') r- :Jl: -<:--f::J:: J""l"1 :,,:::> c:? ,-;-> c- o )".;0. N /,' &:'" '~ BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.tl.us E-Mail: DivElections@mail.dos.state.fl.us Email Confirmation Page 1 of2 MUftiCi , C,O Municipal Code Corporation intQJ8Jrmmic::.Qde .com P,O. Box 2235 Tallahassee, FL 32316-2235 Monroe County,FL Code of Ordinances - 1979(11270) Supplement 82 Recorded: 8/28/200312:32:14 PM We have received the following material through Hard Copy. Document Adoption Description Ordinance No. 7/15/20~ Amending The Provisions of Wastewater Services and Facilities in 027-2003 Monroe County, Florida. Ordinance No. 7/15/2003 Creating Sections 15.5-33 through 15,5-38, in order to provide for a 028-2003 Uniform Wastewater Connection Policy for Unincorporated Area within Monroe County, Ordinance No. 8/20/2003 Amending sec. 13.5-5(D) park hours 032-2003 Tired of receiving your acknowledgements by mail? Send us your email addressattl!f()~~IrlUnicode.com. You can submit your ordinances via email tOQrds@mlJ!1i~_ode.com. New Why not place your ordinances on-line in between supplements. Ask us about our newest service, NOW (New Ordinances on the Web). Are 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: dist@municode.com ontact n ormation Ph: 850-576-3172 Fax; 850-575-8852 Email info@municode.com :ol ~ ~ ~ ;e-. .}); t;;t -,., ~~~~~ ~.::Jt::~ !:J ~ <::)_r- ~~. - ""r) ~~ = --~.._-- .." ~ ~ .:0 .l:.- ~ S> Pi ~ C) \.() ,?,:, ".'I http://intranet.municode.com/BIS/Recording/acknowledgePrint.asp?jobid= 15134&print=tr... 9/1 0/2003 Page 1 of 2 Belle Desantis From: To: Sent: Subject: <info@municode.com> <idesantis@monroe-clerk,com> Monday, November 17, 2003 4:19 PM Acknowledgment of material received ~~.com Municipal Code Corporation P,Q, Box 2235 Tallahassee, FL 32316-2235 850-576-3171 Monroe County, FL Code of Ordinances - 1979(11270) Supplement 82 Recorded: 8/28/2003 12:32:14 PM We have received the following material through Hard Copy. Document Adoption Description Ordinance 7/15/2003 Amending The Provisions of Wastewater No. 027- Services and Facilities in Monroe County, 2003 Florida. Ordinance 7/15/2003 Creating Sections 15.5-33 through 15.5-38, No. 028- in order to provide for a Uniform Wastewater 2003 Connection Policy for Unincorporated Area within Monroe County. Ordinance 8/20/2003 Amending sec. 13.5-5(0) park hours No. 032- 2003 Ordinance 8/20/2003 Amending chap. 5.5 boats, docks and No. 033- waterways 2003 Ordinance 6/18/2003 Amending Sec. 9.5-268(Existing Residential No. 026- Dwellings)to permit residential structures 2003 legally established before January 4, 1996 to be considered as legal residential structures. Ordinance 7/15/2003 Amending Land Development Regulations, No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating 11/18/2003