Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
January 20, 2000
No X
Division: Growth Management
Department: Marine Resources
AGENDA ITEM WORDING: Public hearing to consider adoption of an Ordinance amending Section 15.5-18,
Monroe County Code revising language concerning the identification and elimination of cesspools and unknown
on-site sewage treatment and disposal systems.
ITEM BACKGROUND: Section 15.5-18 requires that property owners of cesspools and unknown on-site sewage
treatment and disposal systems have 30 days to respond to letters of notification from the Florida Department of
Health (DOH). DOH staff is concerned that this period of time is insufficient to allow property owners to solicit and
enter into a contract with a certified septic tank contractor, plumber or professional engineer for preparation and
filing of the required application and supporting materials. In addition, with the adoption of new standards for on-
site wastewater treatment and disposal systems, Section 15.5-18 (a)(3) is no longer applicable since any existing
systems will be unable to meet the new standards. The proposed revisions to Section 15.5-18 address both ofthese
Issues.
PREVIOUS RELEVANT BOARD ACTION: The BOCC approved advertising the proposed Ordinance
amending Section 15.5-18, Monroe County Code on December 9, 1999.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
APPROVED BY: County Attorney X
DIVISION DIRECTOR APPROVAL:
Timoth
esources
N/A
rowth Management
DOCUMENTATION: Included
X
To follow
DISPOSITION:
Agenda Item #:
Z,~3
ORDINANCE NO. 2000
AN ORDINANCE AMENDING SECTION 15.5-18, MONROE
COUNTY CODE; MODIFYING EXISTING LANGUAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on July 22, 1999, the Monroe County Board of County
Commissioners adopted Ordinance 031-1999 repealing Chapter 15.5, Monroe
County Code ("MCC"), and creating a new Chapter 15.5, MCC, for the
identification and elimination of cesspools in the unincorporated area of the
County; and,
WHEREAS, the Florida Department of Health staff has identified to the
County staff a need to provide sufficient time for property owners to enter into
contracts with contractors or engineers when responding to the notification of
the Monroe County Health Department ("MCHD") as provided in Section 15.5-
18; and,
WHEREAS, the Florida Legislature has adopted new standards for
wastewater treatment in Monroe County in 1999, which will be implemented
through rule making by the Florida Department of Health; and,
WHEREAS, the new wastewater treatment standards make existing
Section 15.5-18 (b)(3) irrelevant and its continued retention in the Monroe
County Code will only cause confusion and delays for property owners trying to
comply with the notification requirements of Section 15.5-18; and,
WHEREAS, County staff has prepared revisions to Section 15.5-18 (b),
MCC, that add thirty (30) additional days to the compliance period to allow
property owners to enter into these contracts for the installation of a new MCHD
approved on-site sewage treatment and disposal system (OSTDS) and delete
provisions allowing the property owner the option to request an inspection to
determine whether or not his existing OSTDS complies with Florida Department
of Health standards;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Existing Section 15.5-18 (b)(2) is hereby amended to read as
follows (new language is underlined and deleted language is shown with
itrik9t/;;1rgwgf;J):
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(2) If the property owner has a cesspool or unpermitted OSTDS,
he shall m~k& ~R :;applis~tisR fer iRtt::all~tisR sf a RS'.\' O~TC~
submit to the MCHD a copy of his executed contract, with a
professional engineer registered in the State of Florida, for
the installation of a new MCHD approved OSTDS. The
executed contract shall require the professional engineer to
submit an application for the installation of a new OSTDS
accompanied by the appropriate fees to the MCHD within
thirty (30) days of the date of the execution of the contract.
The property owner shall have one hundred eighty (180)
days from the date the OSTDS permit is issued to install the
new OSTDS and submit a completed application to MCHD
for an OSTDS operating permit. The one hundred eighty
(180) day period may be extended if an OSTDS variance is
granted as provided for under the Florida Administrative
Code.
Section 2. Existing Section 15-18 (b )(3) is hereby deleted as follows
(deleted language is shown with ttrik&tf;;JrsllllS~):
(~) If tf;;JQ pr:SP&RY S'.'.'R&r it RSt tllllrs '.vf;;J&t~Qr sr RSt tf;;J& O~TC~
SR f;;Jit prsp&rty ms&tt SlIlIrrsRt miRimllllm tt~Rg~r;dt, f;;Je tf;;J~1I
r&'1l1l1&tt tf;;JQ MCHO sr ~~ MCHC ::apprs\,&g iRtpe~tisR &Rtity
ts iRtP&Gt ~r:lg &'J~llIlI~t& itE Qsmpli~R~& '.~.'itf;;J g&p~rtmQRt sf
f;;J&~ltf;;J Et~Rg~r;dE. f\.ft&r tf;;J& iREPQ~tisR, tR& MCHC E~~II
m~k& sn& sf tf;;J& fslls\\'iRS g&tsrmiR~tisnE:
(~) If tR& O~TC~ iE get&rmiR&g ts b& ::a Q&EEPSsl sr it
gSeE r:lst me&t miRimllllm Et~r:lg::ar;dt, tRQ prsp&rty
S'.'.'R&r ER~II b& r:&'1l1l1ir:eg ts ElIlIbmit ::aR ~ppli~::atis~ fsr
iRtt~lI~tis~ sf ::a ~&'.AJ sr lIlIPsr~g&g O~TCS
:iil~~smp~Ri&g by ::apprspri~te f&&E l/.'itRiR tRirty (~O)
g~YE sf re~eipt sf Rsti~~::atisR by MCCH ~Rg ssmply
'.AJitR tf;;J& prs\'iEisRE sf ~&QtisR 15.5 1 S (b )(2) fGr
irltt~lI~tisR sf ~ R&'.\' sr lIlIPsr::aggg OSTCS; sr,
(b) If t~& Q~TCS iE g&tQr:miR&g ts me&t miRimllllm
tt::a~g::argE, t~& MCHO 1/.'i11 iEtllll& ::aR ~Rrlllll::al sp&~tir:lS
p&rmit '.vitf;;JiR Eixty (eO) g::aYE sf tR9 ggt&rmiR~tisR.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
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Section 5. 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 shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
Section 6. 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.
Section 7. The Clerk of the Board is hereby directed to forward a copy of
this Ordinance to Municipal Code Corporation for incorporation into the Monroe
County Code of Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 20th day of
January, AD, 2000.
Mayor Shirley Freeman
Commissioner George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
BY
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