[HISTORY: Adopted by the City Commission
of the City of South Pasadena: Art. I, 8-21-1990 as Ord. No. 90-16;
Art. II, 11-12-1991 as Ord. No. 91-12. Amendments noted where applicable.]
[Adopted 8-21-1990 as Ord. No. 90-16]
A.Â
When consistent with the context, words used in the
present include the future, words in the plural include the singular,
and words in the singular include the plural. The word "shall" is
always mandatory and not merely directory.
B.Â
DISTRICT
PERSON
WATER RESOURCE
WATER SHORTAGE CONDITION
WATER SHORTAGE PLAN
As used in this Article, the following terms shall
have the meanings indicated:
The Southwest Florida Water Management District.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any and all water on or beneath the surface of the ground,
including natural or artificial watercourses, lakes, ponds or diffused
surface water, and water percolating, standing or flowing beneath
the surface of the ground.
A condition when sufficient water is not available to meet
present or anticipated needs of persons using the water resource or
when conditions are such as to require temporary reduction in total
water usage within a particular area to protect the water resource
from serious harm. A "water shortage condition" usually occurs due
to drought.
Chapter 40D-21, Florida Administrative Code, the codification
of the Water Shortage Plan adopted and published by the Southwest
Florida Water Management District, or any modification or derivative
of Chapter 40D-21 which may be current at the time a water shortage
or water shortage emergency is declared.
The provisions of this Article shall apply to
all persons using the water resource, whether from public or privately
owned water utility system, private wells or private connections with
surface water bodies. This Article shall not apply to persons using
treated effluent or saltwater.
The declaration of a water shortage or water shortage emergency affecting all or any part of the City of South Pasadena by the governing board or the Executive Director of the District shall invoke the provisions of this Article. Upon such declaration, all water use restrictions or other measures imposed by the District pursuant to Chapter 40D-21, Florida Administrative Code, applicable to the City of South Pasadena or any portion thereof, shall be subject to enforcement action pursuant to § 192-4 of this Article. Any violation of the provisions of Chapter 40D-21 or any order issued pursuant thereto shall be a violation of this Article.
Every sheriff's deputy representing the City
of South Pasadena in their service areas governed by this Article
shall, in connection with all other duties imposed by law, diligently
enforce the provisions of this Article. In addition, the City of South
Pasadena may also delegate enforcement responsibility for this Article
to agencies and departments of local government in the service areas
governed by this Article in accordance with state and local law.
A.Â
Violations of the provisions contained herein shall
constitute a civil offense and violators will be subject to the following
penalties:
B.Â
Each day in violation of this Article shall constitute
a separate offense. In the initial stages of a water shortage, law
enforcement officials may attempt to provide violators with no more
than one (1) written warning.
No water service shall be furnished to any person
or utility unless such person or utility agrees to accept all the
provisions of this Article. The acceptance of water service or the
withdrawal of water from a private source shall be, in itself, the
acceptance of the provisions contained herein.[1]
This Article shall be immediately certified
by the City Clerk to the Department of State and shall take effect
upon receipt of official acknowledgment from that office that it has
been filed (or, if adopted as an emergency enactment, upon its mailing
by special delivery and registered mail to the Department of State).
The District routinely monitors hydrologic conditions for potential
water shortage situations. Regional droughts will be identified through
this process. The District is the appropriate agency for determining
the need for water shortage restrictions on regional basis. However,
city and county governments may need to monitor hydrologic conditions
on a more local basis so that local water shortage actions can be
initiated in response to either regional or local conditions.
[Adopted 11-12-1991 as Ord. No. 91-12]
As used in this Article, the following terms
shall have the meanings indicated:
The charge made for reclaimed water service. The charge may
be included on the City of St. Petersburg water system bill or billed
directly by the City of South Pasadena.
The City of South Pasadena, Florida.
[Added 4-28-1992 by Ord. No. 92-09]
The City Clerk of the City of South Pasadena, Florida.
Any physical connection or arrangement which could allow
the movement of fluids between the potable water system and any other
piping system, such as the reclaimed water system.
The City of South Pasadena Public Works Department.
The individual responsible for the technical and operational
activities of the Public Works Department of the City of South Pasadena,
Florida.
Cessation of a service or an appropriate method to ensure
that no service can be received.
Those conduits used to supply reclaimed water to service
lines from transmission lines.
A backflow prevention device composed of two (2) single,
independently active check valves.
The manually operated valve which controls total reclaimed
water flow to the customer's property.
A flow-measuring device to monitor the total reclaimed water
flow to the customer's property.
Those upland areas not covered by buildings, sidewalks, driveways,
pools, tennis courts and other surface material that do not allow
water to percolate into the soil.
Polyvinyl chloride pipe, AWWA C900, one hundred fifty (150)
pounds per square inch class.
Water that has received at least secondary treatment with
high-level disinfection and is reused after flowing out of a wastewater
treatment facility.
The deliberate application of reclaimed water in compliance
with Florida Department of Environmental Regulation and District rules,
for a beneficial purpose.
Those charges which will be made on a monthly, bimonthly
or quarterly basis and are subject to change as approved by the City
of South Pasadena.
That conduit for reclaimed water from the distribution main
to the property line.
Those conduits used to supply reclaimed water from the pumping
station to the distribution mains.
A person or other entity that receives reclaimed water.
[Amended 4-28-1992 by Ord. No. 92-09]
It is the intent of the city to maximize the
reuse of nonpotable water within the City of South Pasadena in accordance
with all environmental regulations. It is the intent of the city to
establish a reclaimed water grid system in a manner which benefits
the community.
[Amended 4-28-1992 by Ord. No. 92-09]
Reclaimed water service shall be provided for
properties located within the incorporated areas of the city which
comply with the provisions for such service as set forth in this Article.
A.Â
Reclaimed water service may be provided to properties
located outside of the incorporated area through interlocal agreement.
B.Â
All applications for service outside the Department's
service area shall be reviewed by the Director, who shall approve
such service only if any adequate supply of treated wastewater is
and will be available to meet all the anticipated needs in the city
and an interlocal agreement is in effect with the proper authority.
The Director shall review and technically approve all service line
sizes and all other necessary design components. Final approval must
be obtained from the City Commission.
No facility will be installed under the provisions
outlined herein and accepted by the city for maintenance unless it
is in a dedicated public right-of-way or dedicated public easement.
Any new easement shall be adequately sized as approved by the Director
to accommodate construction and maintenance of any reclaimed system
component. No obstruction of whatever kind shall be planted, built
or otherwise created within the limits of the easement or right-of-way
without written permission of the Director.
All reclaimed water facilities and appurtenances
within dedicated public easements, when constructed or accepted by
the city, shall become and remain the property of the city. No person
shall, by payment of any charges provided herein or by causing any
construction of facilities accepted by the city, acquire any interest
or right in any of these facilities or any portion thereof other than
the privilege of having their property connected thereto for reclaimed
water service in accordance with this Article and any amendments thereto.
All pipes and above-ground cross-connection
control devices accepted into existing systems shall be adequately
identified by the color brown as follows:
The city shall have the right, at all times,
to refuse to extend service on the basis of a use detrimental to the
system, inadequate supply of reclaimed water, lack of payment of required
service charge or for any other reason which, in the judgment of the
Director, will cause the extension not to be to the benefit of the
city.
The city shall make a reasonable effort to inspect
and keep its facilities in good repair but assumes no liability for
any damage caused by the system that is beyond the control of normal
maintenance or due to situations not previously reported to the Department.
This shall include damage due to breaking of pipes, poor quality of
water caused by unauthorized or illegal entry of foreign material
into the system, faulty operation of fire protection facilities or
other reasons.
[Amended 4-28-1992 by Ord. No. 92-09]
The property owner and/or customer shall be
responsible for the maintenance of all reclaimed water facilities
and appurtenances on the property served by the city. The city reserves
the right to disconnect the service to any property that does not
properly maintain the system.
[Amended 4-28-1992 by Ord. No. 92-09]
The city shall disconnect reclaimed water service
to any user due to tampering with any service, plumbing cross connections
with another water source, nonpayment of bills or for any other reason
which is deemed by the Department to be detrimental to the system.
The city shall disconnect service until the condition is corrected
and all costs due the city are paid. These costs shall include delinquent
billings, disconnection and reconnection charges, and payment for
any damage caused to the system. At no time during the period of disconnection
shall the monthly service charges be abated. Should service be turned
on without authorization, the Department shall remove the service
and the violator shall be subject to the general penalty for violation
of Code provisions.[1] The city shall have the authority to lien the real property
of any user for nonpayment, and in the event the nonpayment continues
for a period of three (3) months following the recording of the lien,
the city shall have the right to foreclose on said lien. Nothing herein
shall abridge the rights of owners of rental property as those rights
are described in F.S. § 180.135.
A.Â
The city reserves the right to temporarily discontinue
service to any portion of, or the entire, reclaimed water system as
deemed necessary by the Director.
B.Â
The Director shall have the authority to establish
schedules to control the use of the water reuse system in order to
reduce maximum pressure demands on the system and to regulate usage
of reused water to balance with supply and storage availability.
[Amended 4-28-1992 by Ord. No. 92-09]
Payment for service shall be mandatory for all
residential, commercial and municipal properties served by the initial
constructed reuse system. Mandatory monthly service charges will be
made per the schedule set forth from time to time by resolution of
the City Commission, regardless of whether or not the potential user
qualifies for connection by having a suitable irrigation system.
Future connections subsequent to initial system
connection will be by application to the Director. A connection fee
will be charged based on the actual cost incurred for extension of
the distribution system, installation of service lines and connections
and installations of backflow prevention devices on the potable water
service. Monthly service charges in effect at the time of connection
will be applicable.
A.Â
Before reclaimed water service is connected, the user
must have a suitable irrigation system. The irrigation system to be
provided by the user shall consist of an underground system with permanently
placed sprinkle devices or below-ground hose bibs contained in a locked
valve box. No system with a cross-connection to the potable water
system will be considered for connection to the reclaimed water system.
Temporary systems shall not be considered for connection. The systems
shall not include above-ground faucets or other connections that could
permit the reclaimed water to be used for any purpose other than irrigation
unless such uses and systems have been approved in writing by the
Director.
B.Â
All new irrigation systems constructed shall require
a permit and shall be constructed in accordance with the specifications
and regulations established by the city. The owner shall provide the
city with schematic drawing of the irrigation system.
Nonirrigation users and some larger irrigation
users may be required to provide an appropriately sized flowmeter
at the discretion of the Director. All meters for the reclaimed water
system will be installed by the city. An estimate for the installation
cost will be prepared by the Director and submitted to the applicant
for payment prior to installation. A refund or additional billing
will be made after installation to ensure that the applicant pays
the actual cost of installation.
Prior to connecting a user to the reclaimed
water system, the public potable water supply shall be protected by
installation, at the user's expense, of an approved cross-connection
control assembly.
Users wishing to use chemical injection into
the reclaimed water system shall be required to install an approved
cross-connection control assembly on the reclaimed water service connection.
[Added 4-28-1992 by Ord. No. 92-09]
The construction, maintenance and use of the
reclaimed water system shall be in accordance with the provisions
of Chapter 17-610 of the Florida Administrative Code. In the event
any of the provisions of Chapter 17-610 are more restrictive than
the provisions of the Code of the City of South Pasadena, the applicable
provisions of F.A.C. 17-610 shall prevail.
