09-022
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1 ORDINANCE NO. 09 - OB.~ I
2
1 AN ORDINANCE OF THE CITY COMMISSION OF THE
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4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 26. WATER, SEWERS AND CITY
6 UTILITIES, CREATING ARTICLE VIII, ENTITLED
7 "RECLAIMED WATER"; PROVIDING FOR
8 AUTHORITY AND PURPOSE, APPLICABILITY,
9 OBJECTIVE, DEFINITIONS, USE, CONNECTIONS,
10 ACCESS TO WATER METERS, FEES, INSPECTIONS,
11 DAMAGES, APPROVED USE, PROHIBITIONS, SERVICE
12 INTERRUPTIONS, CITY RESPONSIBILITY, LOCATION,
13 METER REQUIREMENTS, SHALLOW POTABLE
14 WELLS, DISCONTINUATION AND FOR PENALTIES;
15 PROVIDING FOR CONFLICTS, SEVERABILITY,
16 CODIFICATION AND AN EFJ;'ECTIVE DATE.
17
18 WHEREAS, th~ City of Boynton B~ach ("City") is a member of the South Central
19 Regional Wastcwater Treatment and Disposal Board (" Board"): and
2U WHEREAS, th~ City d~sir~s to pruvidc reclaim~d \\ater that is g~nerated by the
.21 Board's facility to certain properties within th~ City for irrigation purpos~s:
22 WHEREAS, the City desir~s to implement mandatory use of reclaimed water by golf
23 courses and othcr users within the City: and
24 WHEREAS, the City Commission for the City of Boynton Beach finds that the
25 implementation of this reclaimed water ordinanc~ is in the best interest of the health, safety,
26 and welfare of the citizens of the City of Boynton tkach.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section I. Each Whereas claus\: sd furth above is true and correct and
30 incorporated herein by this refermce.
31 Section 2. rhat Chapter 26, Article VllL entitled '"Reclaimed Water" is hereby
'') created by adding the words and tigur~s in underlined type, and by deleting the words and
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11 figures in struck-through type. as follows:
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35 ARTICLE VIlt - RECLAIMED WATER
36
37 Sec. 26-500. AUTHORITY AND PURPOSE.
38
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I This article is crcated in accordance with Section 403.064, Florida Statutes, and provides for
2 the encouragement and use of reclaimed water to protect the environment and conserve the
3 City of Boynton Beach's potable water supply.
4
5 Subiect to the City's Code of Ordinances and established policies, all powers, duties, and
6 authorities relating to the operation of the facilities of the Utilities Department, are vested in
7 the Utilities Director unless specifically vested elsewherc by the provisions of this Chapter. In
8 the absence of th~l)irector ofUlilities Department an individual specifically appointed by the
9 City Manager, r:rl~Y.i!SSUme th~J?owers, duties, and auth9rity vestedb.y this ~cction.
10
11 Sec. 26-501. APPLICABILITY.
12
13 This Chapter shall apply within the. utility service. arca of the C'J1y of Boynton Beach, as
14 hereinaftcr defined _and amended trom time to time, and shall be liberally construed to
I ~ effectuate the purpo~es sct forth herein.
)
16
17 Sec. 26-502. OBJECTIVE.
18
19 Th~ objective of this Chapter is to set forth requirements for the use of reclaimed water and
20 the construction of rcclaimed water facilities within the City of Boynton Beach to be in
21 compliance with all applicablt; tl:deral and statc laws, rules, and regulations as they pertain to
22 reclaimed water.
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24 Sec. 26-503. DEFINITIONS.
25
26 As us~d in this. article, the. following words and phrases have the meaning ascribed herein,
27 unless a differentmeaningj~Lset forth in another section ofthis Chapter or the context clearly
28 indicates othem ise.
29
30 Backfluvt' prevention assemblv. A backtlo\\ prevcntion assembly shall mean a device and/or
31 method of construction used to prevent backtlow. into.a potable and/or. reclaimed water
32 system. The typ~ of assembly used shall be based on the degree of hazard, either existing or
33 potential.
34
35 Citv. City of BOlntonJ.leach, florida. a municipal corQQration.
36
37 Cruss connect iOlr .. i\IlY_..Qh.x?ical.'!rraJ}gfmellLwh~r~b.l. .:l--12otable and/or reclaimed water
38 ~12lL is. conn~c!.~d..L.diret:ili~t'>'Lil}diregb..Lwith am other ~stem~'!lli!ble of imparting
39 contamination to tl:!e potable and/Q.LnonpotabL~ water~u.Pl2ly'as the result of backtlow.
40
41 ( 'ustumer. Any property owner, developer, user, company, municipal corporation, political
42 subdivision, homeowners association or other entity which accepts or receives reclaimed
43 water service or benefits directly from services rendered by the Department.
44
45 Department. The City of Boynton Beach Utilities Department.
46
47 Development. .I\ll proie~ts with nonresidential conneqions....Jlnd all residential proiects
48 including twenty J2illmmore g~elling units.
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2 Director. The Director of the Citv of Boynton Beach Utilities Department or the duly
1 authorized representative.
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5 Dwelling unit. ^ single unit designated or intended for om~-family occupancy (a household of
6 one or more persons). including, but not limited to, one single-family house, one-half of a
7 duplex, one apaxtment, orpne mobile hOl1}~
8
9 Irrigation.-.lh~nuse ~L~ater tQmaintairLand ~nhance_tbewwth of lawns, shrubs, trees, or
10 edible crops as set forth in Chapter 62-6IJ1.nt'lorida Administrative Code.
11
12 Person. Includes individuals, tirms, associations, ioint ventures, partnerships, estates, trusts,
13 corporations, and allother groups or combinations.
14
15 Point ofservice._The outlet side of the Department's reclaimed water meter box or other point
16 identified on construction-12lans which ends the Department's ownership, operation and
17 maintenance responsi bililY.
18
19 Property mvner: One in whom the legal title to real estate is vested as recorded in the public
20 records of the State 01' Florida.
21
22 Reclaimed V1'l1te~_____~ater that ha~ rec~ived at least secondary treatment and basic disinfection
," and isreused atkr tlow~ollloCa wastewater treatmcnt racili1Y-J.8orida Administrative
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24 Code, Chapt~r 62~~LQl
25
26 Reclaimed vl'att:rdistribution m'lem. ^ nctwork of pipes. generalliight-inch diameter and
27 smaller, along with_ _valyes, meters, and related appurtenan_ces designed to convey and
28 distribute reclainled~at~r fromRcclaimed Water Transmission System to the Department's
29 side of the point of scrvice.
30
31 Reclaimed water irrigation svstem. A network of pipes, pumping facilities, storage facilities,
32 sprinkler heads, and appurtenances on the customer's side of the point of service designed to
33 convey and applYE~laimed water.
34
35 Reclaimed water transmission srstem. A network of pipes, gcnerally ten-inch diameter and
36 larger, along withJ?!!mping facilities, storagcJacilitics, aneJ. re1ated-illmurtenances designed to
37 convey and transmit reclaimed water from_on~J2[ more ~_aste\Vatcr treatment facilities to the
38 Reclaimed Water Distribution Systcm. Servi~c connections will generally not be made to the
39 transmission svstCITl.
40
41 Service. The readiness and ability on the part of the Department to furnish reclaimed water to
42 the property.
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44 c')'ervice initiation. The date a reclaimed water meter is installed.
45
46 Utilitv service ar~ Thearea encompassed~ the Citv's Planning Area as shown on the
47 Future Land Usc_M<!12 in th~_~jh~~C()mpreb~Il~L\!C Pl<ll1,llll~~_soth.(~x.~_ise excluded.
48
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1 Sec. 26-504. ADOPTION OJ;' CHAPTER 62-610, FLORIDA ADMINISTRATIVE
2 CODE.
3
4 The rules and regulations appearing in Chapter 62-610, F.A.C., as may be amended from time
5 to time, are hereby adopted by reference as though fully set forth within this Article and shall
6 apply within the City as an ordinance. In thc event of any variation between the provisions of
7 Chapter 62-61 O"J::..oA.C., andlh~ provisions of this artic:\e, the more strict provision shall
8 prevail. The violation ofCh1!l2~r62-610, F,J\.C~_shall h~deemed a violation of this section.
9
10 Sec. 26-505. USE OF RECLAIMED WATER WITHIN THE CITY OJ;' BOYNTON
11 BEACH UTILITY SERVICE AREA.
12
13 (A) Reclaimed water service will be made available within th~ City's Utility Service Area as
14 the reclaimed yvateL.J!ansmission system is cxtended and treatment capacity becomes
15 available.
16
17 Lill_ Not...i!llnPr.Ql2~:!y.Qwn~[s within the. Ci!y wilLhave access to the City's Reclaimed
18 Water Distribution. System'nn The City shall have the final decision in determining a
19 customer's entitlement to connect to the Reclaimed Water Distribution System, which shall be
20 based upon the customer's capacity needs, as well as the customer's ability to be responsive
21 to local and state regulations. .~he City will provide qualified property o.!Vners with notice of
22 its rig.ht t9 utilize -,he Rcclaimed Water Distribution System. once the service is made
')'" available.
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25 f..<.J__..i'onncction. of an irrigation system to the customer's side of the reclaimed water meter is
26 the responsibility of the customer and shall be performed at the customer's expense.
27
28 lQ1 Should th..: .9!stomer rc.@ire reclaim~d water of ,quality or pressure varying from that
29 normally supplied by the City, the customer shall be responsible for any devises necessary to
30 make these adiustments, provided, however. that such devices will require prior approval by
31 the City.
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33 Sec. 26-506. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION
34 SYSTEM.
35
36 i.A.2_Metcrs requir~9-,-_Meter.,;; <!re required lm..<llLr~s:lai01ed ~vater S~f\jc~ connections. No
37 ~son or .J2l:QlJ-~!1L shalL hay\,? access to _lh~ L~claimed wat~distribution system or use
38 reclaimed wateryvith9ut dcli\icry of same through a meter. All r~claimed water meters shall
39 be furnished and insplled by an employee or authorized person of the Department, and shall
40 remain the property of the Department. Thc minimum meter size for connection to the City's
41 reclaimed water. system is thre~-fourths of one inch. Required meter size for any connection
42 will be determined by the Utilitics Department on the basis of the irrigation system's required
43 ~ssure and flow characteristics as provided by the Customer.
44
45 (B) Rules, Regulations and Fecs. The City may establish, revise, modify and enforce rules,
46 regulations and fees pertaining to the provision of reclaime<l water service. Such rules,
47 regulations, and fe~~~hil;lLillC subiect t~L the @lliQval.Qf the CitY,-arc set forth in this
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I ordinance, and shall be binding upon all property owner~ustomers, agents, and assigns
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2 required to use and/or using reclaimed water.
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4 (C) Operation and Maintcnance Responsibilities for the Reclaimcd Water Irrigation System.
5 The operation and maintenancc of the reclaimed water irrigation system shall be the sole
6 responsibility of the customer and/or Prop~rty Owner utilizing reclaimed water from said
7 system. The customer and/or Property Owner shall provide reasonable access to the
8 Department for periodic inspections of the operation and maintenance of the reclaimed water
9 irrigation system. Failure by the customer and/or Property Owner to properly operate and
10 maintain said reclaimed water irrigation system in accordance with federal, state, and local
11 laws, rules and regulations, shall constitute a violation of this article and be subiect to
12 enforcement action as set forth herein below.
13
14 Sec. 26-507. ACCESS TO WATER METERS.
15
16 It shall be unlawfulJor an~so1L1SLinterJ~re_with, etlectively deny, or1QJestrict in any
17 manner, full acc~ss to Cilyreclaimc.<.J wat~.r111d~rs_()r their 1!l2l?urtenances by the City's agents
18 or employees, tor thcJ21lrposes of making n~ccssary pcriodic readings, repairs, removal. or
19 <,lisconnection of st;rvice_ on_ said meters gr their appurtenances. Such interference may
2U include, but shall not be limited to, use o( locked gates or fences, presence of animals,
21 physical barriers, or overgrown vegetation.
22
')'" Sec. 26-508. FEES, RATES AND CHARGES.
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25 (A) Charges tor reclaimed water use will be based on metered flows and will be billed on a
26 monthly basis p~r one thousand ( 1 ,000) gallons in accordance withthe following schedule:
27
28 1. 34~. which consists ofth~ Board's raleQf 16\t charged to th~ C~i~ in addition to
29 the City's ratc ofUiL
30
31 2. Changes in the rate charged to the City by the ~oard shall result in a change in the
32 total rate to the customer at the same value as the rate change.
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34 (8) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26,
35 Article 1 of the City Code of Ordinances.
36
37 Sec. 26-509. INSPECTIONS.
38
39 .~ To ensur~ thaLthe provisiQ11S_l)flh~ Cily'~ordinances,regulations and procedures are
40 being observed,lheJ~i!L-shalL insp~ct,,-s_~llJc._ Qr Iemovc~;; nec~ssill),,-_,:!nl_or all devices,
41 including but notJimitedJQ, bachfl9~12L~v~nter;;, "alves,- titting;:;.'- .PiJ2~~_and sprinklers which
42 connect to or control th~reclaimed wat~L
43
44 @ The refusal by a consumer to p~rmit an authorized City agent or employee to enter a
45 premises for the purpose of inspecting an irrigation system may result in the immediate
46 discontinuance of the reclaimed water service in the discretion of the City.
47
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I !i2l Thc City. shall inspcct all conncctions to. the reclaimed water system prior to the I
2 connection being placed in service.
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4 @ The customer shall be responsible to the City for all costs incurred by the City for any
5 required inspections and/or monitoring of any or all devices which connect to or control the
6 reclaimed water to ensure compliance with this Ordinance and/or any State or Federal Statutes
7 or Regulations, the charge shall be determined on an hourly basis, in addition to any
8 administrative costs.
9
10 Sec. 26-510. CONTROL OF BACKFLOW AND CROSS CONNECTION.
11
12 Reii;r to Chapter26, Articlc 5 ofth~_.~'it\ Cmk of Ogfinances.
13
14 Sec. 26-511. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM.
15
16 No person shall maliciously, willfully or negligently break, damage, destroy, uncover, or
17 deface any structure, appurtenance or equipment which is part of the reclaimed water
18 distribution system. All costs to repair any damagc to the reclaimed water distribution system
19 and/or all costs associated with additional treatment or alternative disposal requirements
20 resulting from said action, shall be assessed to the person( s) responsible.
21
22 Sec. 26-512. APPROVED USES OF RECLAIMED WATER.
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24 Reclaimcd watcr. shall Q.~ us~d in...accordann' \\jth_~ablefederal, state, and local laws,
J- rulcs and rcgulations. Pursuant to this Chapter.o.l.eclaimed water mlibe used for irrigation of
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26 residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible
27 crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust
28 control on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any
29 other use of reclaimed water must be approved in writing by the Direetor prior to said usage.
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31 Sec. 26-513. PROHIBITIONS FOR USE OF POT ABLE WATER, RECLAIMED
"''1 WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM.
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34 No person shall us~~~laimeiLwater unless ill.accordanct;.. withJederal, state, or local laws,
'" - rule~or regulations, pursuant to this J\.rticlc. n~.I.sQQ..ShalL
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36
37 tAl_Utilize aboveground hos~J:>ibs.1l9~' bibs shall be located in lockable, below grade
38 vaults and clearly marked as being of non-potable qualit.Y..:-AILvault covers shall be color-
39 coded purple and shall be kept locked when not in use.
40
41 ilil Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or
42 decorative fountains.
43
44 (C) Pipe reclail)1ed water into or use reclaimed water inside of any building or structure used
45 for residential purpose~
46
47 iill Cut and/or remove a Department-installed lock; tamper with the meter, bypass, or
48 reverse a reclair:ned ~ater meter~use,1!lt~r .oLID<!he anyconqection to the reclaimed water
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1 distribution system unless prior written approval has been given by the Director, and an I
2 employee or authorized person of the Department is present at the time of said approved
3 action.
4
5 UiLSell, barter, trade, or otherwise transfer reclaimed water to any other person or entity.
6
7 1l::L--- ('ause a cross conncctionJ2ctween a _ potable_ water supph and. the reclaimed water
8 distribution system orJhe reclaimed water irriga!ion _syste~ or violat~ a provision or
9 requirement of City Ordinanc~s. pertainlIll:!c to backt1ow------illcvcntion or __ cross connection
10 controL
11
12 (G) Cause a connection to the reclaimed water distribution system or reclaimed water
13 irrigation system to be constructed or maintained in violation of the Setback Distances as
14 required in Chapter 62-610, F.A.C.
15
16 Sec. 26-514. INTERRUPTION AND/OR DISCONTINUATION OF SERVICE.
17
18 LAL-- )'he City rescrves thc right to discontinue service to any portion of, or the entire,
19 reclaimed water system as decmed _necessary b--y the DiregoL
20
21 ili.L The Director shall have the authoritv to establish schedules ~hich restrict the use of the
22 reclaimed water system at certain times in order to r~duce maximum pressure demands on the
23 ;;ystem and to regulate usage during periods of limited reclaimed water availability.
24
25 !il- Immediate Threat to Public Health. The Director may issue a stop usage notice
26 requiring thc customer and/or property owner to immediately cease using reclaimed water if
27 said usage is deemed to present or cause an immediate threat or substantial endangerment to
28 the health, safety or welfare of the public, to the environment, or to the operations of the
29 City's reclaimed water distribution system.~ such finding shall be included in the
3U Director's notification to cease usagc of said reclaimed water. Should the customer not
31 comply with the stop usage notice, the Departmenlmay immediately discontinue service of
32 reclaimed water to the property. All expenses incurred by the Department to discontinue said
33 servict:: and/or any and all damages associat~d with the use of the recla,imed water shall be
34 borne ,by the customer and/or propcrty owner.
35
36 (D) Other Violations. Notwithstanding the provisions as set forth in this section
37 hereinabove, the Director shall, upon discovery of a violation of this article, notify the
38 customer and/or property owner of said violation by certitied mail or by placing a notice on
39 the property or by any other reasonable m~ans. The notice of violation shall set forth the
40 specific violation, the corrective action to be taken by the customer and/or the property owner,
41 and the period of time by which the customer and/or property owner must correct the
42 violation. Should the customer and/or property owner not correct said violation within the
43 designated period of time. the D~rtment shall dis~ontinue service of reclaimed water to the
44 propert y until said violation is corrected and all fees associated with the disconnection and/or
45 reconncction of service to saiQ-I2[opertv Me pai~in full by the customcr and/or property
46 owner.
47
48 Sec. 26-515. CITY RESPONSIBILITY.
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2 The~&will reasonably attempt to deliver an adequate supply of reclaimed water of good
3 quality at all times. However, no assurances or guarantees shall be provided to customers or to
4 oth~rs regarding the quantity or quality of the water due to circumstances beyond their
5 control.
6
7 Sec. 26-516. LOCATION.
8
9 The location of reclaimed water service lines and points of delivery to private property shall
10 be determined by the City.
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12 Sec. 26-517. METER REQUIREMENTS.
13
14 Appropriately sized meters shall be required for all commercial, industrial. and multifamily
15 dwellillliJ!nit uses as determined h lhe DirectQ[,
16
17 Sec. 26-518. SHALLOW POTABLE WELLS.
18
19 ~Ihe City shall not provide reclaimed water service where shallow wells, the existence of
20 which is known by the City, are a source of potable water and where buffer Lone requirements
21 ofjheJ:lorida Department of Environmental Protection cannot be maintained.
22
"')'" LID__No person shall install a shallow well intended for use as a source of potable water for
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24 QIQQt;ny where reclaimed water and potable water connections are available.
25
26 Sec. 26-519. USE 01;' RECLAIMED WATER FOR OTHER THAN IRRIGATION
27 PURPOSES.
28
29 Reclaimed water service may be provided as a source of \vater for cooling and miscellaneous
30 process applications. However, reclaimed water may not be piped into any building used for
31 residential purposes. Any eft1uent reclaimed water from cooling and/or process use must be
"'7 discharged to the sanitary sewer or other .mmroved location and must meet all city, state and
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"'''' feder<).J discharge regulations. A sewer charge for processing of said discharge will be applied
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34 in addition to the cost of the reclaimed \vater. Any discharge to the City's sanitary system
35 must meet the City's minimum pretreatment standards.
36
37 Sec. 26-520. RUNOFF CONTROL.
38
39 Customers shall be responsible for the operation of their private reclaimed water systems in a
40 prudent manner to ensure that neither ponding, nor runoff tfom the system occurs.
41
42 Sec. 26-521. PENALTY.
43
44 S~~u~~ction 1-6 of the 1"ilL~f Boyntol1_Bcach Cod~ of Ordinances"
45
46 Section S. Lach and every other provision of Chapter 26, not herein specifically
47 amended shall remain in full force and etTcct as previously enacted.
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1 Section 6. All ordinances or parts of ordinances in conf1ict herewith be and the
2 same are hereby repealed.
3 Section 7. Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence or word be deelared by a court of competent jurisdiction to be invalid,
5 such d~cision shall not atIect the remainder of this ordinance.
6 Section 8. Authority is hereby granted to codify said ordinance.
7 Section 9. This ordinance shall b~com~ effecti ve immediately.
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8 FIRST READING this ~I day or i1p8.U_ ,2009.
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10 SLCOND, FINAL READING AND PASSAGE this 5 day of
11 MPt'f~ _ ,2009.
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13 CITY OF BOYNTON BEACH, FLORIDA
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18 ~~i) //f'Z?~.
19 Vic~ Mayor Woodrow L. "
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22 <. 'ommissioner Ronald Weiland
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28 Commissioner ~ Marlene Ross
29 ATTEST:
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~2 i~ Yr) _ fha(.'1U t-:
33 Jane M. Prainito, CMC
34 ,Ci1 Clerk
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