HomeMy WebLinkAbout1387-19 Reclaimed Water INSTR#2019186978 OR BK 9999 PG 2120 Page 1 of 21
10/31/2019 04:11 PM Rcpt:2104664 Rec:180.00 DS:0.00 IT:0.00
Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller
ORDINANCE NO. 1387-19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA CREATING A MASTER RECLAIMED
WATER ORDINANCE, CREATING CHAPTER 56 OF THE CITY OF
ZEPHYRHILLS CODE OF ORDINANCES, REPEALING ALL
PREVIOUSLY ADOPTED ORDINANCES RELATING TO
r-:
RECLAIMED WATER; PROVIDING FOR APPLICABILITY,
REPEALER,SEVERABILITY,INCLUSION INTO THE CODE,AND AN
EFFECTIVE DATE.
WHEREAS , the City Council has authority to adopt this ordinance through general
home rule powers pursuant to Article VIII of the 1968 Florida Constitution,and Chapters 166
and 163,Florida Statutes;and
• WHEREAS,the City Council has determined that it is in the City's interest to update
the City's Code of Ordinances from time to time to assure that the Code of Ordinances
adequately meet the needs of the City;and
WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills
to repeal all previously adopted Reclaimed Water Ordinances,to create a new Chapter to be
included in the Code of Ordinances dealing solely with subject of Reclaimed Water within the
City of Zephyrhills;and
WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills
to re-organize and simplify the Reclaimed Water Ordinances within the City of Zephyrhills;and
WHEREAS,the City Council hereby finds and declares that this Ordinance is in the
best interest of the public health,safety,and welfare,and that it advances a valid and important
public purpose.
{ NOW, THEREFORE, BE IT ORDAINED by the'City Council of the City of
Zephyrhills,Florida,as follows:
SECTION 1. RECITALS.
The Whereas Clauses above are true and accurate and are incorporated by reference and
made part of this Ordinance.
SECTION 2. CITY OF ZEPHYRHILLS RECLAIMED WATER ORDINANCE:
56.1 DEFINITIONS
For the purpose of this Ordinance,the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
1. ADMINISTRATOR.City of Zephyrhills's Utilities Director or his or her designee.
2. APPLICANT.A potential customer or authorized agent of a potential customer.
3. APPLICATION.The written instrument by which a developer or a customer applies for
reclaimed water service of any sort.
r 4. APPROVING AUTHORITY.The City Council or its designated representative.
f: 5. AT COST TO CITY.The City will furnish the installations and pay for same at current
market price,and that the user will be charged for the item or items at the actual cost to the
City together with connection fees and any additional costs incurred by the City.
6. BACKFLOW!Flow of water or other liquid into the potable water distribution system
from an unintended source.
7. BOARD OF REVIEW.The City Council or its designated committee.
8. CITY.City of Zephyrhills Utilities Department and/or the governing body of the City.
9. CITY MANAGER.The City Manager or the City Manager's designee.
Record and Return to:
City Clerk's Office -1-
OR BK 9999 PG 2121 Page 2 of 21
10.CONNECTION CHARGE.The charge established by the City for making the actual
physical connection to the reclaimed water system.
11.CONSTRUCTION CONNECTION CHARGE.A charge payable to the City for a
developer's utilization of oversized facilities paid for by other parties,including the City.
12.CONSTRUCTION COST.The cost to a developer less the City's oversizing cost,if any,
described in this sub-Ordinance for the design and construction;of all facilities as required to
serve the developer's property and to connect to the City's reclaimed water system.
13.CONSULTING ENGINEERS.The engineer or engineering firm or corporation
responsible for professional engineering services provided for an assignment.
14.CROSS-CONNECTION.A physical connection or arrangement which could allow the
movement of fluids between a potable water system and any other piping system,such as the
reclaimed water system,or a system of unknown quality.Cross-connections are classified as
either high hazard or low hazard.
15.CURBSTOP.The valve installed at the point where the customer's system or plumbing
connects to the reclaimed water service.
16.CUSTOMER or CONSUMER.Any person furnished reclaimed water service by the
City.A retail customer shall refer to the owner of the property served.
17.DEVELOPER.Any person developing a property for resale,rental,or lease at or to
which reclaimed water service is to be rendered by the City and who shall have the legal
right to negotiate for such service.Where applicable,any person applying for the extension
of reclaimed water mains in order to serve a certain property. ,
18.DEVELOPMENT.Any proposed change in land use which alters the demands for
reclaimed water service.
19.DISCONTINUATION OF SERVICE.Cessation of reclaimed water service or an
appropriate method to ensure that no service can be received.
20.DISTRIBUTION.Those mains installed within individual streets,developments,or
subdivisions which deliver reclaimed water from the transmission mains to the customer's
service connection.
21.DISTRIBUTION SYSTEM.Piping system owned and operated by the water purveyor
for the purpose of providing reclaimed water to the community.
22.DOMESTIC USER.Any user of reclaimed water not classified an industrial user.
23.FOOD SERVICE FACILITY.Facilities that prepare and/or package food or beverages
for sale or consumption,on-or off-site,with the exception of private residences.Food
service facilities shall include,but are not limited to:food manufacturers;food packagers;
restaurants;grocery stores;bakeries;lounges;hospitals;nursing homes;churches;and non-
public schools.
24.GUARANTEE DEPOSIT.The amount placed with the City by each customer as
security for payment of the reclaimed water billing records.
25.HAIR SALONS.Facilities that deal with cosmetic treatments for men and women.
26.HAZARD,HEALTH.A cross-connection or potential cross-connection involving any
substance that could,if introduced in the potable water supply,cause death,illness,spread
disease,or have a high probability of causing such effects.
27.HAZARD,NONHEALTH.A cross-connection or potential cross-connection involving
any substance that generally would not be a health hazard but would constitute a nuisance or
be aesthetically objectionable,if introduced into the potable water supply.
28.INDUSTRIAL USER.Any user of reclaimed water identified in the Standard Industrial
Classification(SIC)Manual of the United States Office of Management and Budget as
amended and supplemented including,but not limited to,the following divisions:
2
OR-BK 9999 PG 2122 Page 3 of 21
SIC Codes 0100—0999:Agriculture,Forestry,and Fishing.
SIC Codes 1000—1499:Mining.
SIC Codes 2000—3999:Manufacturing.
SIC Codes 4000—4999:Transportation,Communications,Electric,Gas,and Sanitary
service.
SIC Codes 7000—8999:Services.
•
L. A user in the division listed may be excluded if it is determined that the user will introduce
primarily segregated domestic waste or wastes from sanitary convenience.
29.LAUNDRY OR DRY CLEANING FACILITY.Facilities that provide laundry or dry
cleaning service.A laundry or dry cleaning service is the activity of laundering,cleaning,
dying,and pressing of articles such as clothing,linens,bedding,towels,curtains,drapes,and
rugs.It also includes incidental mending or repairing.The term applies to services operating
their own cleaning establishments as well as those contracting with other laundry or dry
cleaning services.It also includes pickup and delivery laundry services performed by persons
operating in their independent capacity and not as agent for another laundry or dry cleaning
service.
30.LOT.Each individual lot in a mobile home park,each individual lot in a RV park,and
each individual unit of a motel,hotel or apartment.
31.METER MEASUREMENT.The act of or result of determining the quantity of
reclaimed water supplied or being discharged by a user and determined by an instrument or
device used for such measurements and approved by the Administrator or designee.
32.MULTIPLE UNIT AREA.An area utilized for a high density of residential living,for
f
example an apartment complex,mobile home park,and travel park.
33.MULTIPLE.Three or more residential units.In the event multi-units are on a master
meter,the account shall be the responsibility of,and in the name of,the real property owner.
34.MUNICIPALITY.Any City,town,or village wholly or partly within the County.
35.NONPOTABLE WATER.Water which is not certified as fit for human consumption.
36.OPERATIONAND MAINTENANCE.The process and act of keeping all facilities for
supplying reclaimed water in normal operation and in good state of repair including the
replacement of such facilities when necessary.
37.PASS THROUGH.A discharge which exits the water reclamation facility into waters of
the United States in quantities or concentrations which,alone or in conjunction with a
discharge or discharges from other sources,is a cause of a violation of any requirement of the
City's NPDES permit,including an increase in the magnitude or duration of a violation.
38.PET GROOMING FACILITY.Facilities where a pet maybe bathed,brushed,clipped,
or styled.
39.PLANNED EXTENSION.Future reclaimed water extensions scheduled by the City with
f_ special provisions for payment thereof.
f:
40.POINT OF CONNECTION.A point of entry given by the City to a customer/developer
for the customer's/developer's point of utility connection into the City's collection,
distribution,or transmission system;the point at which the customer/developer receives
service.
41.POTABLE WATER.Water which has been treated,tested,and certified as fit for human
consumption.
42.POTABLE WATER SYSTEM.Water system designed for the sole purpose of providing
drinking water.
43.PVC PIPE.Polyvinyl chloride pipe.
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OR BK 9999 PG 2123 Page 4 of 21
44.RECLAIMED SYSTEM.The entire reclaimed water system of the City and all treatment
and disposal facilities and pipelines owned or operated by the City and all systems connected
thereto.
45.RECLAIMED WATER.Domestic wastewater that has received at least secondary
treatment,filtration,and high level disinfection,as defined by the State Department of
Environmental Protection and treatment as required by policy of the public facilities element
of the City's Comprehensive Plan and that is reused after flowing out of a wastewater
treatment facility.
46.RECLAIMED WATER DISTRIBUTION SYSTEM.Facilities consisting of but not
limited to distribution mains,valves,and appurtenances used to distribute reclaimed water to
customers.
47.RECLAIMED WATER FACILITIES.All facilities required for the production,storage,
transmission,distribution,and use of reclaimed water.
48.RECLAIMED WATER MASTER PLAN.A plan adopted and revised as necessary by
the City Council showing the following:
A general description of the storage,pumping,and transmission facilities planned for supply
of reclaimed water to reclaimed water distribution systems and to users of reclaimed
water.
Designated areas of the City within which construction of reclaimed water distribution
systems shall be required in new developments.
Standards and procedures for connecting to the City system when service becomes available.
The ultimate reclaimed water disposal capacity of areas of the City accessible by the
reclaimed water transmission and distribution facilities.
49.RECLAIMED WATER SERVICE CONNECTION.The reclaimed water connection
from the City system to the point of delivery to the customer.For a residential customer,this
is the downstream side of the curb stop at the customer's property line.For a non-residential
customer,the actual point of delivery may be at a location other than the property line to be
determined by the City.
50.RECLAIMED SYSTEM.The entire reclaimed water system of the City and all treatment
and disposal facilities and pipelines owned or operated by the City and all systems connected
thereto.
51.REUSE.The deliberate application of reclaimed water in compliance with the State
Department of Environmental Protection for a beneficial purpose.
52.REUSE SYSTEM.Those facilities located downstream of the service connection for the
purpose of practicing reuse.
53.SERVICE AREA.That incorporated area of the City and those unincorporated areas of
Pasco County as designated by the City Council which are serviced by a regional or sub-
regional wastewater treatment facility owned or operated,in whole or in part,by the City
where development is required to connect to the regional or sub-regional facility unless
otherwise provided in this article or within the designating resolution.
54.SERVICE COMMITMENT.The City's intent to provide service to a particular .
development or facility as expressed by the City's approval on a permit request to the State
Department of Environmental Protection.
55.SERVICE COMMITMENT FEE.That fee established by the City for providing service
commitments to developers in accordance with this article.
56.SERVICE LATERAL The connection extending from the point of connection to the
reclaimed water main in the street or easement to a customer's plumbing.
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OR BK 9999 PG 2124 Page 5 of 21
57.SURCHARGE.That part of the reclaimed water service charge which shall be applied to
cover added,extraordinary operation,and maintenance costs.
58.SYSTEM.The entire reclaimed water system of the City and all treatment and disposal
facilities and pipelines owned or operated by the City and all Systems connected thereto.
59. TESTING.The analysis of samples of reclaimed water.
60. TOXIC SUBSTANCE.Any substance whether gaseous,liquid,or solid which constitutes
F- a hazard to human beings or animals or inhibits aquatic life or creates a hazard to recreation.
61. TRANSMISSION MAINS.Those mains used to supply reclaimed water from the
wastewater treatment plant or pumping station to the reclaimed water distribution mains.
62.TURF FACILITY.Any facility which has ten or more acres of landscaped area such as
golf courses,parks,school grounds,and cemeteries.
63. UNPOLLUTED WATER.Water discharged in its original state or water discharged
which,after use for any purpose,is at least equal chemically,physically,thermally,and
biologically to the water from its original source;i.e.,potable water,groundwater,river
water,and stream water.
64. USER.Any person or premises receiving reclaimed water services.
65. USER CHARGE. Charges assigned to each user which defray a proportionate share of
the cost of operation and maintenance of the reclaimed water,or sewage system;often
referred to as reclaimed water or sewage disposal service charge.
66. UTILITIES DIRECTOR.Administrator for the Utilities Services branch of the City.
56.2 APPLICATION FOR SERVICE
' 56.2.1 APPLICATION
A. No person shall use the City reclaimed water system without first making written
application for the service to the City at least 14 working days,in the case of initial
cut-in,before the service is desired,paying all costs,charges,fees,and deposits
incident thereto.The application shall be on forms furnished by the City and the
applicant shall agree,by acceptance of the service,.to abide by all the provisions of
this Ordinance and the applicable rules of the City in regard to the use of its
reclaimed water system as may from time to time be operative and effective.
Applications for service by firms,organizations,partnerships,associations,and
corporations shall be tendered by only their duly authorized agents,and the official
title of the party shall be assigned to the application.
B. Customers with a current potable irrigation meter and associated account shall not
be charged for a reclaimed water irrigation meter and connection charge upon
changing to reclaimed water from potable irrigation.
56.2.2 SERVICE OUTSIDE CITY LIMITS
Whenever any person desires to secure the services beyond the present lines of the City,the
person shall make written application to the City Council or their designee,stating the name of
the owner(s)of the property,the kind of services desired,and the purpose for which the service
is required,giving a definite description and a definite location of the property where the service
is to be rendered,and such other information as will aid the Council in determining the
advantages to be derived from the service.The application shall be accompanied by a plat
showing the route along which the lines are to be extended and where the connection with the
City's existing line is to be made;and in the application there shall also be stated the name of the
person,or members of the firm or presiding officer of the corporation making the request for
service,with the post-office address of each.The application for service(reclaimed water)shall
be in compliance with established rules and regulations pertaining to execution of annexation
agreements.All applications for service outside the City shall be carefully considered and
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OR BK 9999 PG 2125 Page 6 of 21
examined,and if it is found that the service requested is feasible,and it will be to the best interest
of the City to grant the application,before agreeing to the extension,it shall be required that the
applicant give easement of way for constructing and maintaining the line,and until the easement
is granted to the City,no service shall be allowed.
56.3 EASEMENTS
The applicant shall grant or cause to be granted to the City,without costs,all rights,easements,
permits,and privileges which are necessary for the rendering of reclaimed water service.The
rights,easements,permits,and privileges shall be executed to the City prior to connection to the _
City's system(s)or upon request by the City;thereafter,duly authorized employees of the City
shall have access at all reasonable hours to the premises of the applicant for the purpose of
installing or removing any of its property,examining pipes or fixtures,or for any purpose
incidental to the rendering of reclaimed water service(s).
A.4 RECLAIMED WATER SERVICE RATES AND USAGE CHARGES
56.4.1 REVISED RECLAIMED WATER RATES
The City Council does hereby find that the Reclaimed Water rates represent fair and reasonable
sums assessed to provide for the use of,and reasonable availability for use,of the services and
facilities of the City of Zephyrhills,by each user receiving service.Rates and/or charges are set
by separate ordinance and/or resolution and are incorporated by reference.
56.4.2 REVENUES GENERATED BY RATES AND CHARGES
The City Council does hereby find that the revenues generated by the rates and charges
established for the reclaimed water system are sufficient to cause,the systems to be a financially
self-supporting utility.
56.4.3 BASE RATES
The base rate amount shall be in addition to any charge for actual use.
56.5 SCHEDULE OF MISCELLANEOUS FEES CHARGE BY CITY
56.5.1 LATE FEES
In addition to monies due,any bill which remains unpaid 21 days after the billing date will be
charged with a late fee and the amount of this charge is determined by and may be changed by
the City Council from time to time..
56.5.2 INSUFFICIENT FUND CHARGE(BAD CHECK)
In addition to monies due,an additional charge shall be assessed for any checks returned unpaid
because of,but not limited to,"insufficient funds","account closed"or"unauthorized signature".
The amount of this charge is determined by and may be changed by the City Council from time
to time.
56.5.3 METER READING CHARGE
There shall be a charge for any special meter reading or re-reading requested by the customer to - --
determine the correctness of the meter reading.The fee shall be paid prior to any special meter
reading or re-reading.If it is determined that the meter was not properly read,the fee shall be
returned to the customer.The amount of this charge is ndetermined by and may be changed by
the City Council from time to time.
56.6 CITY USE OF FUNDS COLLECTED
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Page 7 of 21
OR BK 9999 PG 2126
The funds received from the collection of the charges or rentals authorized by this Ordinance
shall be deposited daily with the City Treasury,and shall be accounted for and be known as the
utility fund and when appropriated by the City Council,shall be available for the purpose of
payment of the costs and expenses of the management,maintenance,and repair of the City's
reclaimed water system,and the reclaimed pumping treatment works,and any surplus in the
funds shall be used for the payment of the interest on the certificates issued and outstanding,or
which may be issued,to provide funds with which to pay the City's portion of the cost of
constructing the reclaimed water system,or part thereof,and the reclaimed pumping treatment
works and to retire the certificates when they mature,and/or for the enlargement or replacement
L of the reclaimed water system,pumping,and treatment works.
56.7 DEPOSITS
56.7.1 DEPOSITS REQUIRED
All users of reclaimed water shall be required to pay a deposit to the City.Deposit amounts shall
be determined by resolution of the City Council from time to time.
56.7.2 RATES OF DEPOSITS
56.7.2.1 RESIDENTIAL
Individually metered residential and small commercial units receiving reclaimed water service
shall pay a deposit.The amount of this deposit is determined by and may be changed by the City
Council from time to time.
56.7.2.2 COMMERCIAL USERS
Commercial users of reclaimed water shall pay a deposit equaling the average consumption and
I charges of a similar use for a two-month period of time,the average being calculated from an
% t annual period of time.If a similar use is nonexistent then a projected consumption rate and
charge for a period of time of two months will be determined by the City at its discretion.If after
a period of time,the projection is less than the actual consumption of reclaimed water,then the
deposit will be increased and the user will be required to pay the difference within 15 days of
notification.
56.7.2.3 REFUND OF DEPOSIT AFTER TERMINATION
When service to any applicant is discontinued permanently,any remaining deposit,less any
amounts due the City for services rendered,shall be refunded without interest.
56.7.2.4 APPLICATION
The deposit rates charged herein shall apply to any new user after the effective date of this
Ordinance.However,if a user has previously had service terminated for nonpayment or had a
history of delinquency in payments,the City may at its option require that user to conform with
the deposit rates established herein when reconnecting,transferring service,or applying for new
service.
( 56.7.2.5 UNAUTHORIZED CONNECTION
�• r
No person shall connect to,or turn on,any reclaimed water service or cut-in,interconnect,tap,or
make any alteration to any main or distribution or collection pipe of the City's reclaimed water
system or permit any connection or tapping to be made to the City's reclaimed water system,on
his premises,or the premises occupied by him or her,or knowingly use the City's reclaimed
water service from connections in violation of any provision of this Ordinance,or any rules or
regulations adopted by the City Council with respect thereto.
56.8 CONNECTION BY CITY
OR BK 9999 PG 2127 Page 8 of 21
No person,except those persons duly employed or authorized by the City for such purposes,
shall tap or make any connections to the City's reclaimed water mains or lines.No person other
than an authorized City employee shall enter any public reclaimed water system or
appurtenances thereof without a written permit from the City.
56.9 EXTENSION OF EXISTING SYSTEMS
56.9.1 CITY APPROVAL OF ROUTES
Before allowing or agreeing to any extension of the reclaimed water system,the City Council
shall approve the route to be adopted for the extension,and shall require the applicant to procure
and deliver to the City deeds conveying the easement of way or the entire route proposed for the
constructing and maintenance of the extension.Upon completion of the extension,and the
extension being inspected and approved by appropriate officials,the applicant shall transfer and
assign the same to the City by deed of conveyance,vesting title to the lines in the City.
56.9.2 Cost
A. The entire cost of extension of the reclaimed water system shall be borne by the
person applying for the service.The costs incurred by the applicant shall not be
reimbursed to the applicant.This expenditure by the applicant is a direct result of the
applicant's desiring to obtain the fullest degree of public health and safety for his
usage.
B. When any applicant shall propose to construct off-site reclaimed water
improvements of sufficient capacity to serve other users,City Council may at its
discretion,should it determine it to be in the City's best interest,permit up to 50%of
the connection fees required by sub-Ordinance 2 of this Ordinance to be used for the
cost of extending utility services.If the amount approved by the City is equal to,or
in excess of,the costs of constructing the extension,then upon payment of the
amount prior to construction the City may at its option construct or have constructed
the extension.If the amount approved by the City is not a significant part of the total
cost of any utility extension,then the City at its option may allow the applicant a
partial credit against future connection fees due and payable in sub-Ordinance 2 of
this Ordinance.
56.10 WATER METER
56.10.1 RECLAIMED WATER METER REQUIRED
A. It shall be necessary for any user of reclaimed water furnished by the City who
does not have a meter installed upon the premises to so notify the City Manager,
and the City Manager shall provide for the installation of a meter in accordance
with the connection fees as shown in sub-Ordinance 2 of this Ordinance.
B. It shall be a requirement that each single-family residential unit and duplex shall
have a separate water meter.The City may require that each unit in a multiple
unit area be metered individually,which requirement may be enacted either in
the initial stage of the multiple residential unit development or at any subsequent
date that the City deems advisable,and an early non-requirement by the City
shall not be a waiver of that requirement.
56.10.2 METER INSTALLATION
Meters shall be installed in a location that will be easy of access.
56.10.3 READING METERS
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OR BK 9999 PG 212$ Page 9 of 21
The City Manager by his agents shall read or cause to be read evieIry water meter used in the City
at such times as are necessary that the bills may be sent out at the proper time.
56.10.4 TESTING METERS
Any municipal reclaimed water meter shall be removed and tested for accuracy at the request of
the customer for a fee that will be charged to the customers account.If the tested meter is over
the AWWA recommended standards for meter accuracy the meter shall be repaired or replaced
within a reasonable period of time and the fee shall not be charged to the customer account.Fee
6 s:
amount shall be set by resolution.
56.10.5 ADDITIONAL CONNECTION TO MASTER METER
Any user or person operating from a master meter for reclaimed water shall notify the City 14
days in advance prior to connecting to,or permitting connection to,any line connecting to City
reclaimed water.Failure to provide notice shall be punished as set forth in sub-Ordinance 21.
56.11 INSTALLATION AND CONNECTIONS AND CHARGES FOR SAME
56.11.1 PAYMENT
Before any building or property shall hereafter be connected to the reclaimed water system of the
City,the City shall be paid for proper water meter at cost to City.The sums shall become the
property of the City absolutely in payment for the items and services.
56.11.2 CHARGE FOR TURNING RECLAIMED WATER ON OR OFF
When it becomes necessary for a user to have the reclaimed water turned on or off,there shall be
a fee to turn the reclaimed water on or off.The shall be a fee for service to reconnect potable
water utilities after a disconnect for nonpayment.If a customer requests that potable water be
turned on or off any time after 3:00 p.m.,on the same day of a normal business day,there shall
be a fee.The amount of these fees is determined by and may be changed by the City Council
from time to time.
56.11.3 CHARGE FOR CONNECTION OF IRRIGATION'METER
The charge for the connection of an irrigation meter to the City reclaimed water supply shall be
determined by and may be changed by the City Council from tine to time.
56.12 DISCONTINUING SERVICE FOR NON-PAYMENT
56.12.1 It is the policy of the City to discontinue utility service to customers by
reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on
disputed bills.The City's form for application for utility service and all bills shall contain,in
addition to the title,address,room number,and telephone number of the official in charge of
billing,clearly visible and easily readable provisions to the effect:
A. That all bills are due and payable on or before the date set forth on the bill;and
B. That if any bill is not paid by or before that date,a disconnect notice will be
-- mailed containing a cutoff date.If the bill is not paid within 10 days of the
disconnect notice date,services will be discontinued for nonpayment;and
C. That any customer disputing the correctness of his bill shall have a right to a
hearing at which time he may be represented in person and by counsel or any
other person of his choosing and may present orally or in writing his complaint
and contentions to the City official in charge of utility billing.This official shall
be authorized to order that the customer's service not be discontinued and shall
have the authority to make a final determination of the customer's complaint.
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OR BK 9999 PG 2129 Page 10 of 21
56.12.2 Requests for delays or waiver of payment will not be entertained;only
questions of proper and correct billing will be considered.In the absence of payment of the bill
rendered or resort to the hearing procedure provided herein,service will be discontinued at the
time specified,but in no event until the charges have been due and unpaid for at least 30 days.
56.12.3 When it becomes necessary for the City to discontinue utility service to a
customer for nonpayment of bills,service will be reinstated only after all bills for service then
due have been paid,along with a turn-on charge as detrerminined'by City Council from time to
time.
56.13 UNLAWFUL TO TAP OR MAKE CONNECTIONS '
It shall be unlawful for any person to tap or make any connection'with the City reclaimed water
mains or pipes without first procuring a written permit from the City.
56.14 TAMPERING
It shall be unlawful for any person not authorized by the City to tamper with,alter,or injure any
part of the City reclaimed waterworks or supply system,or any meter.See Section 20 for
penalty.
56.15 LIEN
A. In addition to the provisions heretofore set forth,in the event the charges for reclaimed
water services are not paid within 30 days after rendition of the bill for the service,the
charges shall be deemed and are declared to be delinquent;and thereafter the
delinquency shall constitute a lien upon the real estate for which the service is
supplied;and the City Manager is authorized and directed to file sworn statements
showing the delinquencies in the office of the Clerk of the Circuit Court in,and for,
the County;and the filing of the statements shall be deemed notice of the lien of such
charges for the service.This statement shall contain the legal description of the
premises served,the amount of the unpaid bill,and a notice that the City claims a lien
for this amount as well as for all charges for reclaimed water served subsequent to the
period covered by the bill.
B. If the consumer of reclaimed water whose bill is unpaid is not the owner of the
premises,and the City Manager has notice of this,notice shall be mailed to the owner
of the premises,if his address is known to the City Manager,whenever the bill
remains unpaid for a period of 60 days after it has been rendered.
C. The failure of the City Manager to record the lien claim or to mail the notice,or the
failure of the owner to receive the notice,shall not affect the right to foreclose the lien
for the unpaid reclaimed water bill as mentioned in sub-Ordinance 17.
56.16 FORECLOSURE OF LIEN
A. Property subject to a lien for unpaid reclaimed water charges shall be sold for
nonpayment of the same;and the proceeds of the sale'shall be applied to pay the
charges,after deducting costs,as in the case of the foreclosure of statutory liens.The
foreclosure shall be by bill in equity in the name of the City.
B. The City Attorney is authorized and directed to institute the proceedings in the name
of the City in any court having jurisdiction over such matters against any property for
which the reclaimed water bill has remained unpaid 60 days after it has been rendered,
and the owner shall be liable for all costs,including a reasonable attorney fee.
56.17 MISCELLANEOUS PROVISIONS
56.17.1 WATER PRESSURE NOT GUARANTEED
-10-
OR BK 9999 PG 2130 Page 11 of 21
Neither the City nor its water department guarantees an uninterrupted supply of reclaimed water
or water of any particular pressure for any purpose,but reserves and shall have the right to shut
off reclaimed water at any time for the purpose of making repairs or extensions,or for any other
purpose incidental to the reclaimed water supply,and will not be,responsible for any damage
resulting from a consumer leaving a faucet open,or otherwise caused by low/high pressure.
56.17.2 CITY'S RIGHT TO DISCONNECT
f The Water Department shall have the right to disconnect reclaim)water from a parcel at the
main for the protection of the City or the consumer in cases where a private system has been
illegally installed or a building has burned or has been torn down or when the consumer has been
found to be using reclaimed water illegally and to assess the regular schedule of fees for
restoration of service.
56.17.3 LIABILITY OF THE CITY FOR DAMAGES DUE TO WATER PRESSURE
The City guarantees no certain water pressure and shall in no case be in any way liable or
responsible to any persons whatsoever in case of fire,or for any damage that may result from any
alleged insufficiency of such fire protection,either from want of pressure or volume,excess
pressure or volume,accessibility or for any other costs.
56.17.4 CITY NOT RESPONSIBLE FOR WATER Loss FROM LEAKS ON PRIVATE
PROPERTY
The City shall not be responsible for any loss of water from leaks,breaks,or otherwise,and shall
be under no obligation to make billing adjustments for such leaks.
56.17.5 CITY WATER RESTRICTIONS
The City of Zephyrhills shall follow the water restrictions adopted by Pasco County.
56.18 CITY POLICY FOR CROSS-CONNECTION CONTROL
56.18.1 AUTHORITY
The intent of this policy is to establish parameters and procedures for eliminating existing cross-
connections and preventing future cross-connections within the City potable water system.The
Department of Environmental Protection Rules and Regulations F.A.C.62-555.360 and
American Water Works Association,M14 provides legal authority for establishing a cross-
connection control program.
56.18.2 CROSS-CONNECTION CONTROL REQUIREMENTS
56.18.2.1 SERVICE CONNECTIONS
All connections to the City's system shall be designed,installed,and maintained in a manner to
prevent contamination of the distribution system.A back-flow prevention assembly may be
required at the service connection as a method of on-site containment.
56.18.2.2 MANDATORY BACKFLOW PREVENTION
t._._
A reduced pressure zone(RPZ)assembly shall be connected to any water meter which is located
is in a service area served by reclaimed or non-potable water.Each RPZ assembly shall be tested in
accordance with sub-Ordinance 19.5.
56.18.2.3 SEPARATION OF RECLAIMED AND DOMESTIC/POTABLE WATER
LINES
Maximum obtainable separation of reclaimed or non-potable water line,and domestic or potable
water lines shall be practiced.A minimum horizontal separation of three feet(outside-to-outside)
shall be maintained between reclaimed/non-potable water mains.Smaller horizontal separation
may be permitted with approval of the Department of Environmental Protection.
-11-
OR BK 9999 PG 2131 Page 12 of 21
56.18.2.4 COLOR CODING
That all water lines carrying reclaimed or non-potable water shall he color coded purple.
56.18.3 BACKFLOW PREVENTION ASSEMBLIES AND APPLICATIONS
56.18.3.1 RESIDENTIAL DUAL CHECK VALVE ASSEMBLY
A compact unit manufactured with two independent spring actuated check valves.The
residential dual check is acceptable only as added backflow prevetition in areas served by reuse
systems defined in Ordinance 17-610,Part III,F.A.C.,when the cross-connection control
program identifies activities specific to(5)(a)and(5)(b)of Ordinance 17-610,Part III,F.A.C.
56.18.3.2 REDUCED PRESSURE ZONE(RPZ)ASSEMBLY
This device may be utilized in a high hazard situation when either,backpressure or back-
siphonage may occur.
56.18.3.3 DOUBLE CHECK VALUE ASSEMBLY(DCVA)
This device may be used in a low hazard situation when either backpressure or back-siphonage
may occur.
56.18.3.4 PRESSURE VACUUM BREAKER(PVB)
This device may be utilized in a high hazard situation when back-siphonage may occur.This
assembly is used primarily with lawn irrigation systems.
56.18.3.5 ATMOSPHERIC VACUUM BREAKER(AVB)
This device may be used in back-siphonage situations only.Specific conditions must be met to
insure the effectiveness of the installation.
56.18.4 INSTALLATION OF BACKFLOW PREVENTION DEVICES
56.18.4.1 LOCATION
The primary location for all backflow assemblies shall be directly behind the water meter at the
service connection.Alternate locations must be approved by the City.
56.18.4.2 INSTALLATION
The City is responsible for installation of any and all required backflow prevention assemblies.
The installation must be in accordance with the manufacturer's requirements and City
specifications.
56.18.5 TESTING BACKFLOW PREVENTION ASSEMBLIES
56.18.5.1 REQUIREMENTS
All reduced pressure zone,double check valve assembly,and pressure vacuum breaker backflow
prevention assemblies will be tested annually by the City.The tests will be performed by
certified backflow prevention technicians in accordance with procedures and guidelines
established by the University of Southern California Foundationlfor Cross-Connection Control
and Hydraulic Research.A backflow prevention assembly will be considered noncompliant if the
device fails to meet minimum requirements set forth by this agency.
56.18.5.2 TEST RESULTS
Test results will be available to the consumer upon request.
56.18.6 REPAIR AND MAINTENANCE OF BACKFLOW PREVENTION ASSEMBLIES
56.18.6.1 REPAIRS
-12-
OR BK 9999 PG 2132 Page 13 of 21
Repairs to backflow prevention assemblies will be the responsibility of the City.All repairs must
be performed in accordance with manufacturer's recommendations.
56.18.6.2 MAINTENANCE
The City will be required to maintain the backflow assembly and the surrounding site in a
manner by which the device is both accessible and operational.
56.18.7 CROSS-CONNECTION CONTROL REQUIREMENTS
56.18.7.1 RESIDENTIAL IRRIGATION CONNECTIONS
All residential irrigation connections will require a backflow prevention assembly at the point of
connection.Under normal conditions,a double check valve assembly or a pressure vacuum
breaker will be adequate;however,if an on-site well exists,chemical injection is utilized,or a
source of toxic contamination is present,a reduced pressure zone assembly will be required.
56.18.7.2 COMMERCIAL AND INDUSTRIAL IRRIGATION CONNECTIONS
All commercial and industrial irrigation connections will require a backflow prevention
assembly at the point of connection.Under normal conditions,a double check valve assembly or
a pressure vacuum breaker will be adequate;however,if an on-site well exists,chemical
injection is utilized,or a source of toxic contamination is present,a reduced pressure zone
assembly will be required.
56.18.8 APPROVAL OF BACKFLOW PREVENTION ASSEMBLIES
56.18.8.1 APPROVED ASSEMBLIES
Any assembly installed within the City reclaimed water system must meet with performance
criteria set forth by the University of Southern California Foundation for Cross Connection
Control and Hydraulic Research.
56.18.8.2 INSTALLATION APPROVAL
All backflow assembly installations will be inspected by the City subject to the specifications
defined within the Utilities Standards for Design and Construction of Water and Wastewater
Facilities.
56.18.8.3 ENFORCEMENT
The Utilities Department is granted authority to inspect any and all reclaimed water service
connections serviced by the utility and to take appropriate action to insure the potable integrity of
the system.The City is given the legal right to immediately disconnect any customer from the
system if the service is determined to constitute a high hazard cr ss-connection.
56.18.9 NONCOMPLIANCE:DISCONTINUANCE OF SERVICE
56.18.9.1 NON-HEALTH HAZARD NONCOMPLIANCE
Any customer of the City reclaimed water system found to have a non-health hazard will be so
notified in writing.A 30-day grace period will be established,during which time the consumer
will modify the system to comply with this sub-Ordinance.Failure to comply could result in
discontinued service and/or fines.
56.18.9.2 HEALTH HAZARD NONCOMPLIANCE
If a health hazard backflow situation is detected,the connection will be immediately
disconnected.The service will not be restored until the property backflow assembly is installed
and the source of contamination is eliminated.
56.19 RECLAIMED WATER
-13-
I
OR BK 9999 PG 2133 Page 14 of 21
I i
56.19.1 PURPOSE AND INTENT
City Council has determined that the use of reclaimed water is necessary and is in the best
interests of the citizens of the City.The purpose of this sub-Ordinance is to provide for the use of
reclaimed water in areas of the City accessible to the reclaimed water systems.It is intended that
this sub-Ordinance will accomplish the following objectives:
A. Provide for the construction of reclaimed water distribution systems.
B. Provide for the safe and beneficial use of reclaimed water.
C. Protect the environment and the state's limited potable water supply.
56.19.2 ADMINISTRATION
This sub-Ordinance shall be administered by the City Manager or his/her designee.The City
Manager is responsible for the development and promulgation of the necessary rules and
regulations for the administration and enforcement of this sub-Ordinance.
56.19.3 SOURCES OF RECLAIMED WATER
The source of reclaimed water shall be City wastewater treatment plants or other acceptable
sources as determined by the City which provide reclaimed water meeting the requirements of
this sub-Ordinance and all applicable rules of the State Department of Environmental Protection
and other regulatory bodies having jurisdiction.
56.19.4 AVAILABILITY OF SERVICE
A. The existence of a reclaimed water main adjacent to or near the premises of an applicant
for the service does not necessarily mean that service is available to that location.The
City's Utilities Department shall have the right to determine availability.
B. No taps will be made to reclaimed water mains unless specifically approved by the
Utilities Superintendent.Service in areas where only transmission mains exist will
require installation of a distribution main.
C. No payment of any costs,submittal of any petition or any other act to receive reclaimed
water service shall guarantee such service.The City shall have the right,at all times,to
refuse to extend service on the basis of a use detrimental to the reclaimed water system,
inadequate supply of reclaimed water,lack of payment of required fees,or for any other
reason which,in the judgment of the Utilities Superintendent,will cause the extension
not to be to the benefit of the City.
D. Developers are required,as a condition of new development approval,to use reclaimed
water for landscape irrigation and to install dual distribution systems(potable and
reclaimed water lines)for future service,if reclaimed water transmission mains and
supply are currently adjacent/near to or are anticipated to be adjacent/near to the
proposed development within seven years.
•
56.19.5 PRIORITIES FOR EXTENDING SERVICE
Extensions to the reclaimed water system intended to connect users shall proceed with the
following priorities:
A. Major volume users adjacent to the existing reclaimed water system(direct connections).
B. Small lot users adjacent to the reclaimed water system.
C. Major volume users in critical water quality area.
-14-
OR BK 9999 PG 2134 Page 15 of 21
D. Small lot users in critical water quality areas.
E. Major volume users elsewhere.
56.19.6 APPLICATION FOR SERVICE
A. Each application requesting the City to provide reclaimed water service to the property
identified in that application shall be made to the Utilities Director by the property owner
i'
or an authorized representative of the property owner. '
B. If service is determined to be available,the applicant shall be notified of such
determination and any conditions of service.If service is not available,the applicant shall
be so notified.
C. Before an application for reclaimed water service will be approved,the customer must
have a suitable irrigation in compliance with the design standards and restrictions
described in this sub-Ordinance.
D. The City may require irrigation meters for any reclaimed water customer.
E. Acceptance by the applicant of the conditions of service shall constitute a contract
between the applicant and the City which shall bind the applicant to pay for the services
rendered at the rates and charges prescribed by the City and to comply with all applicable
rules and regulations,including those of the City and the State Department of
Environmental Protection.
F. A list of applicable rules,regulations,and design standards shall be provided to the
t applicant at the time of application.
} 56.19.7 CONSTRUCTION OF NEW FACILITIES
A. All reclaimed water facilities shall be designed and constructed in accordance with
applicable state and City policies,standards,and specifications including the City cross
connection control program.
B. Each new development within the areas so identified in the reclaimed water master plan
shall include a reclaimed water distribution system as a condition of sewer service,
provided construction of the reclaimed water distribution system is deemed to be in the
best interest of the City as determined by the Utilities Superintendent.
C. The developer shall construct the reclaimed water distribution system and all facilities
necessary to extend City transmission mains from the stipulated point of connection to
the development.Provisions may be made to utilize ground/potable water until such time
that the City is capable of supplying reclaimed water.
D. The City may require the developer to oversize all or any,portion of the reclaimed water
facilities to be constructed by the developer.Construction costs associated with any such
oversizing shall be borne by the City in accordance with the applicable City oversizing
L__ policy.
E. All new turf facilities shall be developed utilizing reclaimed water for irrigation purposes
where feasible.All existing turf facilities are encouraged to use or convert to reclaimed
water in a timely fashion,where feasible.
i
F. New industries and other heavy water users with a large water demand shall evaluate the
feasibility of utilizing reclaimed water.
_15-
OR BK 9999 PG 2135 Page 16 of 21
56.19.8 REIMBURSEMENT OF DISTRIBUTION SYSTEM;AND TRANSMISSION MAIN
CONSTRUCTION COSTS
Reimbursements for oversizing of reclaimed water transmission mains shall be made in
accordance with City policy regarding oversizing of water and wastewater facilities.
56.19.9 USE OF RECLAIMED WATER
A. All uses of reclaimed water shall be in accordance with applicable rules of the State
Department of Environmental Protection and other regulatory bodies having jurisdiction.
B. All reuse by the customer shall be voluntary.The Utilities Superintendent may require
effluent take-back agreements with developers where additional wastewater treatment
plant effluent disposal capacity is required as a condition of sewer service.
C. The City will monitor reclaimed water connections so as not to exceed the capacity of the
reclaimed water system or the disposal site.It is the intent of the City to maximize the use
of reclaimed water and to provide service to as many customers as practical.At times it
may be necessary to limit a customer's use of reclaimed water.Notwithstanding any sub-
Ordinance of this Ordinance to the contrary,the City makes no representation as to the
availability or implementation of reclaimed water service within the City.Furthermore,
nothing in this sub-Ordinance shall be construed to create a debt or general obligation of
the City or pledge of the full faith and credit or taxing power of the City.
D. The City reserves the right to temporarily discontinue service to any portion of or to the
entire reclaimed water system as deemed necessary by the Utilities Superintendent.
E. The City reserves the right to establish reclaimed water supply schedules.
F. The City may discontinue reclaimed water service to any customer due to a violation of
this article,nonpayment of bills,for tampering with any service,for plumbing cross
connections with another water source,or for any reason that may be detrimental to the
reclaimed water system.The City has the right to cease service until the condition is
corrected and all costs due the City are paid.These costs may include delinquent billings,
connection charges,and payment for any damage caused to the reclaimed water system.
Should discontinued service be turned on without authorization,the utilities services
branch shall remove the service and make an additional charge as established by the City.
Such discontinuance of service may occur without prior written notice.
G. A customer whose service has been discontinued may resume reclaimed water service by
payment of past due amounts and a reconnection fee;provided,however,when service
has been discontinued for violation of the policies and regulations relating to the use of
the reclaimed water system,service will not be reconnected until the City receives,in its
opinion,reasonable and sufficient guarantee that the violation will not reoccur.
56.19.10 DESIGN STANDARDS
A. The irrigation system to be provided by the customer under this sub-Ordinance will
consist of an underground system with permanently placed sprinkle devices or
belowground hose bibs contained in a meter box lockable with a five-point bolt.The
locked meter box cover shall be labeled"Reclaimed water"and shall be painted purple.
B. Prior to connection to the City reclaimed water system,a belowground dual check device
shall be installed by the City on the potable water line to each property receiving
reclaimed water service.The dual check device shall be installed on the customer's side
of the potable water curb stop.Maintenance of the dual check device shall be the
responsibility of the customer.
-16-
OR BK 9999 PG 2136 Page 17 of 21
C. Newly installed reclaimed water distribution mains shall be color coded purple.
D. Newly installed reclaimed water service laterals shall be color coded purple.
E. A polyethylene marking tape shall be installed continuously in the backfill along the
length of all newly installed reclaimed water transmission mains and distribution mains
according to the following:
( The reclaimed water main's tape shall have a purple color throughout.The color shall be fade
resistant and shall be printed on one side in black letters as follows and there shall be a maximum
of 12"between printed phrases:
CAUTION CAUTION CAUTION
RECLAIMED RECLAIMED RECLAIMED
The polyethylene tape shall meet the requirements of ASTM D 1248type I,class A,grade
E-1,for polyethylene plastics,molding and extrusion materials and shall have a minimum
nominal thickness of 0.004 inches(four mils),a minimum tensile strength of 1,750 psi
and a minimum elongation of 250%.
The tape shall be placed in the trench backfill with the printed side up,one foot above the
center of the top of the pipe.
F. The reclaimed water connection shall be at least ten feet center-to-center from any water
meter.In unusual circumstances,with prior approval of the Utilities Superintendent,the
service location may be less than ten feet but shall not be closer than five feet from any
water meter.
G. At all times,a minimum horizontal center-to-center distance of five feet and a minimum
horizontal surface-to-surface distance of three feet shall be maintained between reclaimed
t �:
LTL water lines and potable water lines,sewers,or force mains.
H. At all times,a minimum vertical distance of one foot,six inches shall be maintained
between the outside surfaces of reclaimed water lines and potable water lines,sewers,or
force mains.
I. Inability to satisfy the minimum horizontal or vertical separations described in sub-
Ordinance 20.10.H will require the reclaimed water line to be installed in a steel casing
pipe or to be encased in concrete.
J. Valve box covers,other than those required for locked underground hose bib access,shall
be labeled"reuse".The valve box shall be mounted in a concrete pad.A three-inch
bronze disc labeled"reuse"and describing the size,type,and number of turns to open the
valve shall be anchored in the concrete pad.
K. On newly developed property,reclaimed water service laterals shall be installed on the
opposite side of the lot of the potable water service lateral.
k` L. All service laterals shall terminate in a belowground meter box provided by the City with
a lockable valve provided by the developer or customer.Connection of the customer's
reuse system to the service lateral shall occur in this meter box.
M. For retrofit of existing structures/irrigation systems,the City shall be responsible for
construction of reuse distribution systems to the point of connection with the customer's
internal distribution system.After the system is placed into service,the maintenance of
the system shall follow sub-Ordinance 20.15.
56.19.11 RESTRICTIONS
-17-
OR BK 9999 PG 2137 Page 18 of 21
fI
A. Unless expressly authorized in writing by the Utilities Superintendent,no individual or
organization shall tamper with,work on,or in any way alter or damage any City
reclaimed water facility.Tampering with or working on shall include but shall not be
limited to opening or closing of valves or causing any water to flow from the reclaimed
water system.No unauthorized person shall cut into or make any connection with the
reclaimed water system.The offending person shall be liable for the cost attributable to
the correction of such tampering,including attorney's fees.The City may commence an
action of appropriate legal or equitable relief in a court of competent jurisdiction to
enforce this sub-Ordinance.However,payment for correcting damage to the reclaimed
water system shall not relieve the offending person from other civil or criminal penalties
which may be applicable.
B. Whenever a private service valve requires repair,the customer shall request the City to
make all necessary adjustments to the City's curb stop(valve).
C. The City shall prohibit the use of potable water for irrigation through second meters on
property where reclaimed water distribution facilities are within 100 feet.
D. The City shall prohibit the installation of new irrigation wells or the rehabilitation of
existing irrigation wells where reclaimed water distribution facilities are within 100 feet
of the proposed or existing wells.
E. The City shall not provide reclaimed water service where shallow wells are used as a
source of potable water or where buffer zone requirements as required by State
Department of Environmental Protection cannot be maintained.
F. The City shall prohibit the installation of shallow wells intended for use as potable water
within 75 feet of reuse sites.
G. A person using a single-family service connection is prohibited from injecting any
chemicals into the reclaimed water system.Other users wishing to use chemical
injections into the reclaimed water system shall be required to install an approved cross
connection control assembly on the reclaimed water service connection.
H. No party shall cause or allow his reclaimed water system to have any cross connections
between two or more water supplies,any illegal connections or tie-ins,or any discharge
of reclaimed water into the public sewer system.
I. No party shall let or rent to any other party or property any part of the reclaimed water
system or use of the reclaimed water system in any manner or for any purpose other than
described in the agreements and documents governing the reclaimed water system usage
and executed by the user of the reclaimed water and the City.
J. Temporary irrigation systems will not be considered for connection.
K. Irrigation systems shall not include devices,aboveground 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 Utilities
Superintendent.
56.19.12 INSPECTIONS
A. Inspections made by the City where there is reasonable cause to believe that this sub-
Ordinance or any related regulation is being violated shall be at such times and with such
frequency as the City deems necessary to establish whether or not this article or any
related regulation is being or has been violated.In order to ascertain and ensure
compliance with this sub-Ordinance and related regulation,the City reserves the right to
-18-
OR BK 9999 PG 2138 Page 19 of 21
inspect,secure,and disconnect any and all devices wherever located which connect to or
control any discharge from a reclaimed water distribution system.
B. Inspections made by the City without reasonable cause to believe that this sub-Ordinance
or any related regulation is being violated shall be conducted only during normal working
hours.
1
C. Upon the proper execution of an application for reclaimed water service,the customer is
r:' thereby deemed to have consented to entry by the City upon the property described in the
application for the purpose of conducting any inspection permitted pursuant to this article
and waives the right to receive any further notice from the City of inspections conducted
pursuant to this sub-Ordinance.
D. The denial of access to an authorized agent or employees of the City to any property
receiving reclaimed water service for the purpose of conducting any inspection permitted
under this sub-Ordinance shall constitute a violation of this sub-Ordinance and shall be
grounds for immediate discontinuance of reclaimed water service by the City to the
premises.
56.19.13 OWNERSHIP
A. All reclaimed water distribution systems and transmission mains constructed by a
developer in public rights-of-way shall be conveyed to the City in accordance with
existing City subdivision regulations regarding acceptance and bonding requirements for
water and wastewater improvement facilities.
B. The City shall accept the reclaimed water distribution system and transmission mains
constructed by the developer provided the City determines that the developer's facilities
meet all of the following conditions:
i. The facilities were constructed to City standards.
ii. The facilities are in good working condition.
iii. The facilities are either in a public right-of-way or in a City-approved utility
easement.Any new easement shall be adequately sized to accommodate
construction and maintenance of any reuse 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 the written permission of the Utilities
Superintendent.
iv. The engineer of record has certified that the facilities were designed and
constructed in accordance with sound engineering practices and all applicable
standards.
r- .r
56.19.14 USER RATES AND SERVICE CHARGES
F Refer to sub-Ordinance 4.
56.19.15 MAINTENANCE
A. The property owner and customer shall be responsible for the maintenance of all
irrigation lines and appurtenances on the property serviced by the City under this sub-
Ordinance.The City reserves the right to disconnect the service to any property that does
not maintain the system.In addition,should the customer require reclaimed water at
different pressures or different quality or in any way different from that normally
supplied by the City,he shall be responsible for the necessary devices to make these
adjustments and obtain approval from the Utilities Superintendent.
_19_
OR BK 9999 PG 2139 Page 20 of 21
B. 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 reclaimed water system that is
beyond the control of normal maintenance or due to situations not previously reported to
the utilities services branch.This shall include damage due to breaking of pipes,poor
quality of water caused by unauthorized or illegal entry of foreign material into the
reclaimed water system,faulty operation of fire protection facilities,or other reasons.
C. All facilities that have been accepted by the City shall become the property of the City
and will be operated and maintained by the City.No person shall perform any work or be
reimbursed for any work or in connection with any work on the reclaimed water system
unless written authorization from the City is received prior to the work being
accomplished.
56.19.16 EMERGENCY ACTS
A. The Administrator or designee may interrupt the delivery of reclaimed water to any
property for or upon which a violation of the sub-Ordinance or any related regulation has
occurred.Any such interruption shall continue until such time deemed appropriate by the
Administrator or designee for resumption of service to the property.
B. The Administrator or designee may take whatever emergency action he deems necessary
and appropriate to protect persons or property from any injury,loss,or damage which
may reasonably be expected to result from each specific violation of this article or of any
related regulation.The customer shall be responsible for all costs incurred by the City for
any emergency measures performed by or at the request of the City as a result of such a
violation attributed to the customer's reuse system or operation thereof.
56.20 PENALTY
A. Any person who violates any provision of this Ordinance for which no penalty is
otherwise provided shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding$500 or imprisonment for a term not exceeding 60 days,or both the fine and
imprisonment.Except where otherwise provided,every day any violation of this
Ordinance shall continue shall constitute a separate offense.
B. Any person convicted of a violation of sub-Ordinances 9,or 15 shall be guilty of a
misdemeanor by the second degree and punished as provided by the Florida Statutes.
56.20.1 PENALTY FOR UNAUTHORIZED EXTENSION
Any unauthorized or unapproved extension or use of the reclaimed water system for the purpose
of avoiding the accurate metering of reclaimed water shall be deemed a misdemeanor punishable
by a fine in an amount not to exceed$1,000 and incarceration in the County Detention Center for
a period not to exceed 30 days.In addition,the City may assess a civil penalty in an amount no
less than the revenue determined to have been lost,but not in an amount to exceed twice the
revenue determined to have been lost as a result thereof.
56.20.2 PENALTY FOR WATER METER VIOLATION
In the event any user shall fail or refuse to comply with this sub-Ordinance after notice by the
City Manager of noncompliance,of what is required to comply,and that unless the user/owner
shall comply with this sub-Ordinance within 30 days after such notice,reclaimed water service
will be discontinued,the City Manager shall,at the expiration of such 30-day period,discontinue
reclaimed water service to the consumer.An additional fee of$1 shall be added to the bill when
notice has been caused to be mailed.
SECTION 3.REPEALER
-20-
OR BK 9999 PG 2140 Page 21 of 21
Any ordinance and/or resolution,or part of any ordinance and/or resolution,in conflict herewith
is hereby repealed to the extent of any conflict.
•
SECTION 4.SEVERABILITY
It is declared to be the intent of the City Council of the City of Zephyrhills,Florida,that if any
sub-Ordinance,subsection,sentence,clause,or provision of this Ordinance shall be declared
invalid,the remainder of this Ordinance shall be construed as not having contained said sub-
Ordinance,subsection,sentence,clause,or provision and shall not be affected by such holding.
1 SECTION 5.INCLUSION IN CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of the City of Zephyrhills,Florida.The sub-Ordinances of this Ordinance may be
renumbered or re-lettered and the word"ordinance"may be changed to"section","article"or
such other appropriate word or phrase in order to accomplish such.
EFFECTIVE DATE
This Ordinance shall become effective upon passage on the second reading and signing by the
Council President and the Mayor.
The•Arbihance..li$,19 was read and passed on the first reading in an open and regular meeting
p-pthe City Couric4'the City of Zephyrhills,Florida, :n his 9th day of Septem. ,2019.
Attest ' /�j : A _
o . • Tori L.Hillrii iii City Clerk • eth M. urgess,`7.,C uncil President
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The foregoing Ordinance 1387-19 was read and passed on the second reading,following a public
hearing,in an•open and regular meeting of the City Co' it of the City of Zephyrhills,Florida,
t:. on;40:278`11; a «t October,2019.
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t�ttest: �
Lori L.Hi]m'a`rk City Clerk ennet • .Burgess,Jr, Co �',i1 President
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F6g foeegoing Ordi*ce 1387-19 was approved by me this 28h day of October,2019.
lir t v,0••
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•
ene Whitflel Mayor
Approved as to Iegal form••annd legal content
Matthew E.Maggard,City Attorney
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