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HomeMy WebLinkAboutOrdinance No. 08-95• • ORDINANCE NO. 08 -95 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 78, UTILITIES, ARTICLE IV, RECLAIMED WATER, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES BY PROVIDING A DEFINITION SECTION; RENUMBERING THE PRESENT SECTION; ESTABLISHING A CROSS - CONNECTION CONTROL SYSTEM; PROVIDING FOR UNAUTHORIZED USE; AND PROVIDING FOR ADOPTION OF CHAPTER 62 -610, OF THE FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended by deleting Article IV of Chapter 78, Reclaimed Water, in its entirety, and substituting the following in lieu thereof: ARTICLE IV RECLAIMED WATER Division 1. Definitions. Except where specific definitions are used within a specific section of this ordinance for the purpose of that section, the following terms, phrases, words and their derivation shall have meanings provided herein. The word "shall" is mandatory and the word "may" is permissive. (1) Backflow Prevention Device shall mean either a dual check device composed of two single independently active check valves, as described in the American Water Works Association Standard C506 -78 (R83), and the American Society of Sanitary Engineering Standard 1024, and /or reduced pressure principle device, as described in the American Water Works Association Standard C506 -78 (R83), and the American Society of Sanitary Engineering Standard 1013. (2) City refers to the City of Cape Canaveral. (3) City Council shall mean the City Council of the City of Cape Canaveral. (4) City Manager shall mean the City Manager of the City of Cape Canaveral. • • • City of Cape Canaveral, Florida Ordinance No. 08 -95 Page 2 (5) Cross - Connection refers to any physical connection or arrangement which would allow the movement of contaminants or fluids between any non - potable water system, such as the reclaimed water system, and potable water system. (6) Customer shall mean any person receiving service or making application for service. (7) FDEP shall refer to the Florida Department of Environmental Protection. (8) Reclaimed Water shall mean highly treated effluent from the City's Wastewater Treatment Plant not for human consumption, supplied through the reclaimed water transmission and distribution system which meets or exceeds requirements for public access as set for by FDEP or its successor in function. (9) Reclaimed Water System shall mean those reclaimed water storage tank, pumps, transmission mains, distribution mains, valves and appurtenances installed in public rights -of -way or utility easements, and are used to distribute reclaimed water. Division 2. Generally. Sec. 78 -155. Connection to the System. (1) When available, the owner of every lot or parcel of land within the City Reuse Service Area developed for public, commercial, office, industrial, warehousing and /or residential use(s) may; following payment of any /all appropriate fees, connect or cause to be connected with the reclaimed water system. (2) All connections shall be made in accordance with policies and regulations adopted by the Council. This provision shall not be construed to entitle any person to cross the property of another to make such connections. For purposes of this Article, the term "available" shall mean contiguous to or within 100 feet of any property line. (3) Sec. 78 -156. Reclaimed Water Uses. (1) Reclaimed water distributed by the City of Cape Canaveral within the City Reuse Service Area is intended solely for the irrigation of plants. (2) In the event commercial establishments propose to use reclaimed water for purposes other than plant irrigation, any proposed use(s) shall be evaluated by the City Manager or his /her designee and approved or disapproved based on this evaluation. In no case will the City approve any use that may conflict with • • City of Cape Canaveral, Florida Ordinance No. 08 -95 Page 3 policies and regulations of the State of Florida or the U.S. Environmental Protection Agency. Sec. 78 -157. Reserved. Sec. 78 -158. Irrigation Usage Rates. Rates for irrigation water service shall be promulgated, collected and enforced as a component of the City of Cape Canaveral Rate Resolution. Sec. 78 -159. Reserved. Division 3. Installation and Inspection of the Reclaimed Water System. Sec. 78 -160. Policies and Regulations Adopted; Compliance Required. The City adopts by reference the "Cape Canaveral Reclaimed Water System Policies and Regulations Manual" dated February 1995. Compliance with the policies and regulations is hereby required. Sec. 78 -161. Inspections. (1) Duly authorized employees of the City bearing proper identification shall be permitted to enter any building, structure or property served by a connection to the reclaimed water system of the City for the purpose of inspecting the piping system or systems, backflow preventer, valves and /or all other devices installed by the customer which connect to or control the reclaimed water system or use of reclaimed water on such property. (2) Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of access; when requested, shall be considered evidence of the presence of violation of the policies and regulations adopted herein. Inspections shall be at reasonable times and with reasonable frequency. Where there exists cause to believe that a violation is committed, the City may cause the property to be inspected as necessary to prevent or terminate the occurrence of such violation(s). (3) Sec. 78 -162. Discontinuance of Service. The City Manager or his designee is hereby authorized and directed to discontinue reclaimed water service to any property, after notice, where any violation of this Article exists, and to take such other precautionary measures deemed necessary to eliminate any • City of Cape Canaveral, Florida Ordinance No. 08 -95 Page 4 danger of contamination of the public potable water supply. Reclaimed water service to such property shall not be restored until the violation has been eliminated in compliance with the provisions of this Article. Sec. 78 -163. Unlawful Connections or Practices. (1) No person shall be authorized to work on the reclaimed water distribution system without prior written consent of the City, and then only under the direction and supervision of the City. No person shall tamper with, alter, damage, cut into or make connection with, the reclaimed water system or any component thereof. (2) No person shall manipulate valves, hydrants or blow -offs of the reclaimed water distribution system or cause water to flow from the system without prior written consent from the City. (3) Any person found violating this Article shall be subject to the procedures and /or penalties provided in Section 78 -164. Sec. 78 -164. Code Enforcement Board Authority and Violation Liability. (1) The Cape Canaveral Code Enforcement Board shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the City of Cape Canaveral and when warranted levy penalties. Proceedings before the Code Enforcement Board shall be governed by its rules and procedures. (2) Any person or customer found guilty of violating any of the provisions of this Article or any written order of the City pursuant thereto, shall pay all penalties, costs and expenses involved in the case, including attorney's fees. Notice of such violation shall be given by delivering the same to the premises and a copy thereof sent by certified mail to the billing address. Each day upon which a violation of this Article occurs shall constitute a separate and additional violation. (3) Any person or customer in violation of any provision of this Article shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation, including attorney's fees and costs of correcting the unauthorized work, tampering or damage to the system. (4) In addition to any penalty provided by law for the violation of any provision of this Article, the City may bring suit in the appropriate court to enjoin, restrain, or otherwise prevent the violation. • Sec. 78 -165. Public Employees Liability. • • • City of Cape Canaveral, Florida Ordinance No. 08 -95 Page 5 No provision of this Article designating the duties of any City officer or employee shall be construed to make such officer or employee liable for any fine or penalty for failure to perform such duty. Sec. 78 -166. Areas Embraced. All territory within the City of Cape Canaveral and the City Reuse Service Area shall be governed by this division to the extent permitted by law. Division 4. Cross - Connection Control. The public water supply for the City of Cape Canaveral is provided through a franchise agreement by the City of Cocoa. Prior to connecting a user to the reclaimed water system, the public water supply shall be protected by installation of an approved cross - connection control assembly in accordance with the City of Cape Canaveral's Cross Connection Control and Inspection Program and in accordance with the City of Cocoa's. Division 5. Unauthorized Use. No person shall allow any reclaimed water to be consumed by any human being or animal. Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the health of any person, animal, or plant. Division 6. Adoption of Chapter 62 -610, F.A.C. The construction, maintenance and use of the reclaimed water system of the City of Cape Canaveral shall be in accordance with the provisions of Chapter 62 -610, Florida Administrative Code. In the event any of the provisions of Chapter 62 -610 are more restrictive than the provisions of the City Code, the applicable provisions of Chapter 62- 610, FAC shall prevail. SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 08 -95 Page 6 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of May 9 (dot IOTES , 1995. 'drat), Tms, CMC CLERK v� s� 1,2N. "111111111111wi*-Inurom VET OS' X IRWIN First R L1 1 4/18/95 Ported 4/19/95 Athotrt:, 4/21/95 Q r+ ) pp } } 5/2/95