94-O-01
'-'" """""
ORDINANCE NO. 94-0-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA,
BY CREATING ARTICLE X (RECLAIMED WATER REUSE
PROGRAM) ; PROVIDING DEFINITIONS, FOR THE
REQUIRED USE OF THE RECLAIMED WATER SYSTEM,
AND LIMITATIONS ON USE OF RECLAIMED WATER;
PROVIDING FOR RECLAIMED WATER SYSTEMS FOR NEW
SUBDIVISIONS AND EXTENSION OF THE DISTRIBUTION
SYSTEM TO EXISTING DEVELOPMENTS; PROVIDING FOR
OWNERSHIP AND MAINTENANCE OF THE RECLAIMED
WATER SYSTEM, PROHIBITED ACTIVITIES AND ANNUAL
INSPECTIONS, AND INSTALLATION/CONSTRUCTION OF
RECLAIMED WATER IRRIGATION SYSTEMS; PROVIDING
FOR AN APPLICATION FOR RECLAIMED WATER
CONNECTION, RECLAIMED WATER SYSTEM CHARGES AND
FEES, AND RECLAIMED WATER BILLS AND DELINQUENT
ACCOUNTS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. It is ecologically beneficial to reduce and ultimately
eliminate discharge of treated wastewater into the Indian River.
2. The use of reclaimed water for irrigation will
substantially reduce the utilization of increasingly scarce ground
water supplies to accomplish irrigation and other uses not
requiring potable water.
3. Reclaimed water contains considerable nutrients beneficial
to lawns and vegetation.
4. The City Council of the City of Edgewater finds that it is
in the best interest of the citizens of Edgewater that the City
establish a reclaimed water reuse program.
NOW, THEREFORE, BE IT ENACTED by the people of the City of
Edgewater, Florida:
PART A. CREATION OF ARTICLE X (RECLAIMED WATER REUSE PROGRAM)
OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF
ORDINANCES
Article X is added to read as follows:
Article X.
Reclaimed Water Reuse Proqram.
Section 19-123.
Definitions.
For the purposes of this Article, the followinq terms shall
Struck through passages are deleted.
Underlined passages are added.
94-0-01
'-"
....,
have the meaninqs ascribed to them in this section:
Backflow Prevention Device:
the device approved bv the Ci tv' s
Utilities Department which prevents the backflow of any harmful
substance into the City's potable water supply.
City: the City of Edqewater.
Customer: the actual user or potential user of the reclaimed water
system.
Director: the Director of Utilities of the Citv or the Director's
authorized representative.
FDEP: the Florida Department of Environmental Protection.
Reclaimed water or reuse water: treated effluent from the City's
advanced wastewater treatment plant supplied throuqh the reclaimed
water transmission and distribution system.
Section 19-124.
Required use of reclaimed water system.
(a) Connection to the reclaimed water system for sinqle
family residential lots shall be on a voluntary basis except that
existinq irrigation meters shall be disconnected from the potable
water system and reconnected to the reclaimed water system when
reclaimed water becomes available.
(b) Lots or parcels developed after Februarv 7, 1994, may
connect to the reclaimed water system when available prior to the
issuance of a certificate of occupancy.
(c) Reclaimed water shall be deemed available to a lot or
parcel if a reclaimed water distribution pipe with capacity to
serve the site is installed and in service within fifty (50) feet
of any property line of the lot and can be accessed bv a service
line throuqh public riqht-of-way or a recorded utility easement.
Section 19-125.
Limitations on use of reclaimed water.
(a) Use of reclaimed water shall be limited to irriqation of
residential lawns, qolf courses, cemeteries, parks, landscaped
areas, hiqhwav medians and riqhts-of-wav or other uses specifically
approved bv the Director and allowed bv FDEP.
Struck through passages are deleted.
Underlined passages are added.
94-0-01
2
"'-'"
""""
(bl" Since reclaimed water has not received the hiqher deqree
of treatment required for potable water, reclaimed water shall not
be used:
ill To fill swimminq pools, wadinq pools, or hot tubs.
ill For drinkinq or cookinq purposes.
ill For flushinq commodes in private homes.
i!l For direct spravinq on edible crops that will not
be peeled, skinned or cooked.
121 In the sharinq of a reuse line.
iQl For cooling air conditioners.
ill For connectinq to another water service.
(cl Reclaimed water shall not be applied to areas within one
hundred (100 l feet of any public eating, drinkinq or bathinq
facility unless low traiectorv, non-aerosol nozzles are used.
(d I Reclaimed water shall not be applied to impervious
surfaces that allow drainaqe to surface waters.
(e I Reclaimed water may be used for flushing commodes in
industrial and commercial buildinqs, motels, hotels, condominiums,
and apartment buildings where the occupant does not have access to
the buildinq's plumbinq for repairs or modifications.
(fl Edible crops that will be peeled, skinned or cooked may
receive direct contact with reclaimed water.
Section 19-126.
Reclaimed water systems for new subdivisions.
(a l Developers of all subdivisions, except minor subdivisions
as defined in Appendix B of the Code of Ordinances, approved after
Februarv 7, 1994, shall install reclaimed water distribution
systems in the public right-of-wav or recorded utility easements
within the subdivision.
(bl Construction plans and hydraulic calculations for the
required reclaimed water distribution systems shall be submitted to
the utilities Department for approval. The plans and calculations
shall be prepared by a professional engineer licensed in the State
Struck through passages are deleted.
Underlined passages are added.
94-0-01
3
~
.."."
of Florida. If applicable at the time of installation, FDEP
construction permits will be required.
(c) Upon completion by the developer and acceptance by the
Utilities Department, the reclaimed water distribution system
shall become the property of the City.
Section 19-127.
Extension of distribution system to existinq
developments.
( a ) Property owners wi thin an area, communi ty , or street
desirinq reclaimed water service shall submit a petition to the
utilities Department siqned by at least fifty-one percent (51%) of
the property owners in the area requesting service.
(b) The request shall be qranted if the City Council
determines that extension of the system to the area will be cost
effective and feasible.
Section 19-128.
Ownershi~ and maintenance of reclaimed water
system.
(a) The City shall own and maintain all reclaimed water
facilities within the public riqht-of-way and utility easements.
(bl The property owner shall be responsible for maintenance
of the irriqation system on his property from the master control
valve at the property line and shall be responsible for the
prevention of ~onding and runoff from the irrigated area.
Section 19-129.
Prohibited activities and annual inspections.
(al No person shall tamper with, alter, connect to without
the City's approval, operate the valves of
or damaqe the City's
reclaimed water distribution system.
(bl The City may discontinue reclaimed water service to any
customer for tampering with any service, violation of cross-
connection rules or other requlations, or for any other reason that
may be detrimental to the system.
(c) Utilities personnel will conduct inspections of
irriqation systems on initial connection to the reclaimed water
supply and annually thereafter to determine the existence of
Struck through passages are deleted.
Underlined passages are added.
94-0-01
4
...,
......,
illeqal hook-ups, violation of ordinances, or cross connections.
Authorization for these inspections will be qiven by the applicant
in conjunction with the application for reclaimed water. Refusinq
to permit such an inspection shall be qrounds for immediate
discontinuance of the reclaimed water service by the City to the
subiect premises.
Section 19-130.
Installation/construction of reclaimed water
irrigation systems.
(a) Wells connected to existing irrigation systems shall be
disconnected and pluqqed by a licensed well driller prior to
connection to the reclaimed water system or upon approval of the
Director a reduced pressure zone backflow prevention device may be
installed.
(b) Existing irriqation systems shall be disconnected from
potable water systems prior to connection to the reclaimed water
system.
A backflow prevention device shall be installed on the
potable water supply by a certified technician at the expense of
the customer prior to connection to the reclaimed water system. At
a minimum, private homes will be retrofitted with a double check
valve that can be field tested for proper operation as a means of
protectinq the City's potable water supply. As determined by the
Director, additional safequards may be required to protect the
City's potable water supply. Testing of the backflow prevention
device will be done annually by the City's certified backflow
technician at the same time the annual reinspection of the
customer's irriqation system occurs.
(c) Any commercial / industr ial buildinq or hotel, motel,
condominium or apartment buildinq desirinq to use reclaimed water
for flushinq commodes will be required to have a backflow device
that is commensurate with the degree of hazard associated with
their business as determined by the Director.
(d) Installation, operation, maintenance, and annual
Struck through passages are deleted.
Underlined passages are added.
94-0-01
5
.,...,.
...."
inspections of backflow ?revention devices shall be in accordance
with Section 19-27 of this Chapter.
(e) Irriqation lines may be installed either in-qround or
above-qround except in the case of multi-family residential
customers where in-qround lines are required.
(1) In-qround systems shall be connected to the supply
source at the reclaimed water box usinq approved plumbing devices
to prevent breakaqe at the connection point. Where possible there
shall be a minimum of five (5) feet horizontal separation of the
reclaimed water line from the potable water line. If less than a
five (5) foot separation is possible, the potable water line will
be sleeved to a distance necessary to achieve five (5) feet from
the nearest section of the reclaimed water line.
(2) For above-qround irriqation lines, a "quick
disconnect" device will be installed in the reclaimed water box.
To prevent inadvertent use for drinkinq, no above-qround spigots
shall be installed.
(f) Performance of the irrigation system will be contingent
u?on the flow and pressure provided by the City reclaimed water
supply pipe.
The customer is responsible for sizing and zoning
irriqation lines to achieve maximum efficiency of the system.
(q) Special "quick disconnect" hose connections will be
?rovided by the utilities Department with the connection to in-
qround hose bibs.
(h) City control valve boxes and boxes for in-ground hose
bibs shall be labeled "Reclaimed Water". The boxes shall be of the
size and desiqn required by the Utilities Department.
(i) All pipes and above qround appurtenances for reclaimed
water systems to be dedicated to the City shall be identified by
color or permanent labelinq. All pipes shall be purple or shall be
marked with adhesive backed tape attached to the pipe.
Struck through passages are deleted.
Underlined passages are added.
94-0-01
6
W' ~
Section 19-131. Application for reclaimed water connection.
Application for connection to the reclaimed water system shall
be made to the utilities Department on the form provided for that
purpose.
Connection and inspection fees as established by
resolution of the City Council shall accompany the a?plication.
Section 19-132.
Reclaimed water system charqes and fees.
(a) A monthly residential customer charge shall be
established by resolution of the City Council.
(b) A residential reclaimed water connection fee shall be
established by resolution of the City Council for installations of
one (1) inch or less. Actual costs will be charqed for reclaimed
water connection and potable water backflow prevention devices on
installations larqer than one (1) inch. Commercial rates will be
negotiated on an individual basis.
(c) There will be no charqe for discontinuance of reclaimed
water service, however, such discontinuance will not relieve the
customer of any amounts incurred for connection fees or monthly
service.
Reuse service rendered for any portion of the billinq
period shall result in the full monthly reuse charge beinq applied
to the bill. No partial monthly billinqs will be done.
(d) A service resumption fee for resumption of service either
in the case of prior termination at the request of the customer or
termination by the City for failure to comply with applicable rules
and requlations shall be established by resolution of the City
Council. This fee shall be in addition to any past due charqes and
shall cover the cost of actual service resumption as well as on-
site system inspection the City.
If the request for service
resumption follows termination of service for failure to comply
with applicable rules or requlations, service shall not be
reconnected until the Director of utilities receives adequate
assurance that the previous violation will not reoccur.
Struck through passages are deleted.
Underlined passages are added.
94-0-01
7
,..,
..,.,
(e) To encouraqe early commencement of reclaimed water reuse
service by existinq City utilities customers, the City Council may
by resolution temporarily amend or suspend various elements of the
fee structure established in this section to encouraqe connection
to the reclaimed water system.
Section 19-133.
Reclaimed water bills and delinquent accounts.
Bills for the monthly charqe for reclaimed water service shall
be tendered as part of the monthly utility and refuse bill.
Therefore, all delinquent bills shall be subiect to the provisions
of Section 19-13 of this Chapter.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not effect the remaining portions of this ordinance. If this
ordinance or any provisions 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 circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect on February 7, 1994.
PART F.
ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Struck through passages are deleted.
Underlined passages are added.
94-0-01
8
Mitchum, the vote on the first reading of this ordinance held on
January 24, 1994, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 7th day of February, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF E�DOHNATER, FLORIDA
Sy YfACRy--'i /V- Pam' %
Jack H. Ha
Mayor an, Sr:
APPROVED FOR FORM & CORRECTNESS:
Krilsta A. Stotby
City Attorney
StFUek thEexclh passages are deleted.
Underlined passages are added.
94-0-01 9