§ 32.1. General Provisions.
1.
Purpose and Intent.
(a)
The City has deemed the use of reclaimed water for specific purposes is necessary to conserve the limited potable water supplies and other natural water sources, to enhance the local environment, and is in the best interest of its citizens and customers. This Chapter sets forth uniform requirements for users of the publicly owned reclaimed water system in order for the City to comply with all applicable state and federal laws.
(b)
The purpose of this Chapter is to provide guidelines for the delivery and use of reclaimed water, including service connections, backflow prevention and cross-connection control programs, in order to protect the health and safety of citizens in Central Florida.
(c)
The objectives of this Chapter are:
(1)
To encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications, such as irrigation;
(2)
To protect both the public potable water supply and the public reclaimed water supply from possible contamination at the point of the user's service connection to these water systems due to backflow or back-siphonage;
(3)
To establish the minimum requirements for users of the reclaimed water system and the various related programs to achieve compliance with all state and federal laws; and
(4)
To protect the health and safety of the community and users of the potable water system by promoting proper use and operation of the reclaimed water system.
2.
Authority.
(a)
The City has the primary responsibility for the prevention of contaminants/substances from entering the public potable water system from unapproved sources as provided in the Federal Safe Drinking Water Act of 1974 and subsequent amendments; the Florida Safe Drinking Water Act (F.S. 403.850 et seq.); and the requirements set forth by the Florida Department of Environmental Protection in Chapter 62-555, F.A.C. and Chapter 62-610, F.A.C.
(b)
The City is responsible for maintaining the integrity of the reclaimed water system and enforcement of the regulations and requirements set forth by the Florida Department of Environmental Protection in Chapter 62-610, F.A.C.
3.
Administration.
(a)
Except as otherwise provided herein, the Director of Public Works and the Director of Permitting Services, or their designee, shall administer, implement and enforce the provisions of this Chapter. Any powers granted to, or duties that are imposed upon the designated directors, may be delegated to other City personnel or designees.
(b)
The City Council may designate the Orlando Utilities Commission, or other contract operator, to administer the reclaimed water program, in whole or in part.
(c)
No statement in this Chapter shall be construed as preventing any special agreement or arrangement between the City and any user, subject to special payment; provided, however, that at no time would the City violate any State and Federal laws or requirements.
(d)
Contrary to any provision or section of this Chapter notwithstanding, the City reserves the absolute right to deny or condition new service connections to the reclaimed water system; or to modify the operating and maintenance requirements for existing service connections where such requirements or conditions may no longer be in the best interests of the City or the general public, or may cause the City to violate any applicable State and Federal law.
4.
Applicability.
(a)
This Chapter shall apply to all users of the City's reclaimed water system, and all applicants for service connections to the City's reclaimed water system.
(b)
This Chapter shall provide for monitoring, compliance and enforcement activities, establish administrative procedures, set fees for users and service connections for the equitable distribution of costs for the reclaimed water system, and delineate minimum design criteria and operation and maintenance requirements.
5.
Abbreviations.
(a)
The abbreviations, when used in this Chapter, shall have the following designated meanings:
(1) AWWA American Water Works Association (2) CFR Code of Federal Regulations (3) EPA U.S. Environmental Protection Agency (4) F.A.C. Florida Administrative Code (5) FDEP Florida Department of Environmental Protection (6) FDH Florida Department of Health (7) F.S. Florida Statutes (8) gpd gallons per day (9) mg/l milligrams per liter (10) MGD million gallons per day (11) NOV Notice of Violation (12) OUC Orlando Utilities Commission (13) PSI Pounds Per Square Inch (14) PVC Polyvinyl Chloride (15) USC United States Code (16) WEF Water Environment Federation (17) WRF Water Reclamation Facility (b)
Abbreviations not otherwise defined herein shall be adopted by reference as defined in the current edition of Title 40 of the Code of Federal Regulations, Chapter 62 of the Florida Administrative Code, applicable building codes, and the technical manuals published by the American Water Works Association, the Water Environment Federation, the American Society of Testing Materials, U.S. Environmental Protection Agency and the Florida Department of Environmental Protection.
6.
Definitions.
(a)
Unless the context indicates otherwise, the following words, terms and phrases, as used in this Chapter, shall have the following meanings.
(1)
Administrative Action. An enforcement action, allowed by the City's legal authority, which is taken without the involvement of a court.
(2)
Air Gap. An unobstructed, vertical, physical separation through the free atmosphere sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. It is physically defined as a distance equal to twice the diameter of the supply side pipe diameter, but never less than one (1) inch.
(3)
Applicant. An owner, or authorized representative of the owner, of any land requesting reclaimed water service.
(4)
Application Rate. The amount or rate of use for reclaimed water, measured in inches per week, based upon the prevailing soil and hydrogeological conditions for a specific parcel, site or location.
(5)
Atmospheric Vacuum Breaker. An assembly which prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in the water system. The assembly is designed for use without static line pressure and consists of a float check, check seat and air inlet port. A shut off valve immediately upstream may be an integral part of the assembly.
(6)
Authorized or Responsible Representative of the User.
(i)
The president, secretary, treasurer, or a vice-president of the corporation in charge of the principal business function, or any other person who performs similar policy or decision-making functions for the corporation, company or entity; or
(ii)
If the user is a partnership or sole proprietorship, the authorized representative shall be a general partner or proprietor, respectively.
(iii)
If the user is a Federal, State, or local governmental facility, the authorized representative shall be a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(iv)
The individuals described in paragraphs (i) through (iii), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility using reclaimed water or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director of Public Works.
(7)
Availability. Availability shall mean that a reclaimed water distribution main is contiguous to or within 100 feet of a residential property line, or within 1,000 feet of a nonresidential property line or development, or areas where the City or the developer plans to install the distribution system in the near future. The existence of a reclaimed water system main in the service area does not guarantee service to any parcel or property owner. Service is subject to review and approval by the Director of Public Works and shall be based upon the best interests of the City and the general public.
(8)
Backflow. The unintentional flow of water or other liquids, mixture or substances, under positive or reduced pressure from any source, into the distribution pipes of a potable water or reclaimed water supply.
(9)
Backflow Prevention Device or Preventor. An approved device that allows water to pass through in only one direction.
(10)
Back-Pressure. A condition in which a customer's system pressure is greater than the supply pressure in the public potable or reclaimed water supply system.
(11)
Back-Siphonage. The flow of water or other liquids, mixtures or substances into the supply system from any source due to the sudden reduction of pressure in the potable water or reclaimed water supply system.
(12)
Billing. The charge or cost for reclaimed water service. The charge may be made by separate invoice or in conjunction with other assessments made by the City, or its designated representative, on the monthly utility bill.
(13)
Certification. Assurances from the owner, user or licensed professional that attest to the proper design, construction, operation and maintenance of the reclaimed water system, and compliance with all applicable requirements or regulations.
(14)
City. The City of Orlando, Florida, a municipal corporation, or where appropriate, the term may also be used as a designation for any duly authorized official or employee of the City. The City is the permitted owner of the public reclaimed water system.
(15)
City Council. The City Council of the City of Orlando, Florida.
(16)
Commercial Property. A parcel of land that is zoned for nonresidential uses in the retail or wholesale trade, or where the owner currently is engaged in business activities for profit.
(17)
Common Reclaimed Water Service Line. A main or lateral that provides reclaimed water to a development, subdivision or neighborhood as defined in the City Code; and which is shared jointly by individual parcels or users within said areas.
(18)
Compliance Order. An administrative order directing a noncompliant user to achieve or to restore compliance by a date specified in the order.
(19)
Compliance Schedule. A schedule of required remedial activities (also called milestones) necessary for a user to achieve compliance with all reuse program requirements. A compliance schedule may be set forth in a permit, consent order or other enforcement documents.
(20)
Connection Fee. The charge or fee assessed by the City, or its designated representative, to cover the costs of connecting the customer (user) to the reclaimed water system.
(21)
Cross Connection. Any type of physical arrangement or joining or linking of conduits that allows, directly or indirectly, a potential transfer of water or other fluids between the reclaimed water system and the potable water, sanitary or other fluid conveyance system.
(22)
Cross Connection Control Program. A program designed to prevent cross connections and to preserve the integrity of both the potable water and reclaimed water systems.
(23)
Customer. The actual user of the reclaimed water; that is, any person, firm, corporation, governmental or private entity, or property receiving or using reclaimed water from the City's reuse (reclaimed water) system and whose name appears on the monthly utility statement. Refer to user.
(24)
Customer's Potable or Reclaimed Water System. The potable or reclaimed water system and facilities beyond the point of delivery, which conveys potable or reclaimed water from the supply source to the customer's point of use.
(25)
Department of Public Works. The Department of Public Works of the City.
(26)
Developer. An owner, or agent of the owner, in the process of the commercial utilization of any land, including subdivisions, who shall have the legal right to negotiate for municipal sewer and reclaimed water service.
(27)
Director of Permitting Services. The City's administrative official in charge of the Office of Permitting Services or his designee, authorized deputy, agent, or representative.
(28)
Director of Public Works. The City's administrative official in charge of the Public Works Department, including all of its Bureaus, or his designee, authorized deputy, agent, representative, or third party or contract operator.
(29)
Disconnection of Service. An interruption of service from the reclaimed water system, either at the request of the customer or at the direction of the Director of Public Works. Interruption of service shall be accomplished by closing the curb stop control valve and/or a physical break or separation between the service line and the system belonging to or being used by the customer.
(30)
Distribution Mains. The pipes that supply potable or reclaimed water from the transmission lines to the service lines.
(31)
Domestic Consumption. The use of potable water for personal use within a residence. Personal uses can be described generally as those that are in direct contact with human needs. Uses can be, but are not limited to, the following: bathing, drinking, cooking and cleaning.
(32)
Double Check Valve Assembly. An assembly of two (2) independently operating, internally loaded check valves, either spring loaded or internally weighted, with tightly closing, resilient seated shut-off valves on each side of the check valves, plus properly located resilient seated test cocks for testing of each check valve.
(33)
Dual Check. An assembly with two (2) spring actuated, independently operating check valves, which may be fitted with shut-off valves and test cocks. This device is generally employed immediately downstream of the water meter to act as a containment device.
(34)
Dual Distribution System. A two component water distribution system designed to serve an area. One component delivers potable water. The other component delivers reclaimed water for non-potable uses. The two components parallel each other and serve the same property or parcels. No interconnections shall exist between the two distribution systems, and the integrity of each component shall be carefully monitored.
(35)
Dwelling (unit), Multiple. A building designed and used exclusively as a domicile (residence) for two (2) or more families.
(36)
Dwelling (unit), Single Family. A detached building designed and used exclusively as a domicile (residence) by one family. Also designated as "unit".
(37)
Fire Protection System. A system of piping and appurtenances designed for and in compliance with fire protection standards. The installation may include one or more supply points and may use reclaimed water as a supply source.
(38)
Groundwater. Water below the land surface in the zone of saturation where water is at or above atmospheric pressure.
(39)
Health Hazard. An actual or potential threat of contamination to the public or customer's potable water system to such a degree that a danger to health exists.
(40)
Hose Bib Vacuum Breaker. A device which is permanently attached to a hose bib and acts as an atmospheric vacuum breaker.
(41)
Industrial Facility(ties). A commercial/industrial development or activity that manufactures a product, provides a service, or stores, handles, processes or distributes goods and services.
(42)
Inspection. Cross-connection control assessment and evaluation of all fixtures and conduits that are connected to the customer's reclaimed water system within the property and any structure(s).
(43)
Irrigation System for Reclaimed Water. An underground system with permanently placed sprinkler devices, or hose bibs contained in locked valve boxes with appropriate signage. Also, the Director of Public Works or designee may approve any conventional system that is typically employed for a particular type of agricultural application, or any other system necessary for a nonresidential application.
(44)
Meter. A device used for measurement of the volume of reclaimed water that is used, consumed or delivered to an individual customer or group of customers within a specific area.
(45)
Municipal. Publicly owned facilities. Refer to City of Orlando.
(46)
Nonpotable Water. All water, other than potable water, including reclaimed water.
(47)
Notice of Violation. A document from the City notifying a user that it has violated reuse requirements. Generally used when the violation is relatively minor and the violation is expected to be corrected within a short period of time.
(48)
Office of Permitting Services. The office in the City that issues permits to users for construction or installation of reclaimed water systems; and is responsible for inspections of said facilities for general compliance with applicable regulations, building codes, engineering or technical standards and the construction documents.
(49)
Orlando Utilities Commission (OUC). A municipal utility owned by the City and authorized in 1923 by the state legislature to provide electrical power and potable water service. OUC may establish rates for such services with approval of the City Council; and may be designated as the third party operator for the City's reclaimed water distribution system.
(50)
Parcel. A lot, premises or property that is recorded in a plat book or the public records, or described by deed on file in an Official Records Book, and is assessed by the Lake, Orange or Seminole County Property Appraiser's Office for real estate tax purposes.
(51)
Permit. A document issued by FDEP to the City in accordance with Chapter 62-610, F.A.C., for the construction and operation of a reuse facility/utility. Conditions in the FDEP permits include the requirements for backflow prevention devices, location and maintenance standards, cross connection control program and operation of the reclaimed water system. Also, a document issued by the City's Office of Permitting Services to property owners or users which authorizes them to connect to the City's reclaimed water system.
(52)
Permittee. The person or entity which has been issued a permit by the City for connection to, or construction of, the reclaimed water system. The term "permittee" shall be functionally synonymous with the terms "owner". The term shall extend to a permit "applicant" for purposes to the extent that this Chapter imposes duties with respect to the construction, operation, maintenance, or monitoring of reuse facilities or service connections, and for reporting to or securing permits from the City. Ultimate responsibility lies with the owner of the property. Nevertheless, the City Code creates joint and severable liability for those responsible for violations.
(53)
Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes Federal, State, and local governmental entities.
(54)
Point of Delivery. The terminal end of service for the public potable or reclaimed water system, generally construed as the discharge side of the service meter or the user's property line. The City shall relinquish any responsibility, liability, jurisdiction and sanitary control over the potable or reclaimed water at the point of delivery to the property owner or user.
(55)
Potable Water. Water from any source which has been approved for human consumption by the Florida Department of Health or the Florida Department of Environmental Protection.
(56)
Potable or Public Water Supply Well. A well constructed for the purpose of supplying potable water to a public water system as defined in Chapter 62-550.200, F.A.C. or in Chapter 64E-8, F.A.C.
(57)
Potable Water Service Connection. The terminal end of the public potable water system where the water supplier relinquishes jurisdiction and sanitary control to the customer or user. The potable water service connection shall be considered the point of delivery for the customer's water system and shall be the downstream end of the service meter.
(58)
Pressure Reducing Valve. A valve designed to reduce the system pressure to a preset downstream value, regardless of the system demand or flows, to relieve stress on the system components downstream of the valve.
(59)
Pressure Relief Valve. A valve designed to automatically open when the pressure exceeds a preset value in the system in order to relieve stress in the potable or reclaimed water system, or a closed component connected to said system(s).
(60)
Pressure Sustaining Valve. A valve designed to accurately maintain a constant, preset upstream pressure, regardless of variable potential or system demand.
(61)
Pressure Vacuum Breaker. An assembly consisting of one (1) or two (2) independently operating, internally loaded check valves and an independently operating loaded air inlet valve on the discharge side of the check valve with a tightly closing resilient seated shut-off valve on each end of the assembly and properly located test cocks for testing each check valve.
(62)
Property Owner. The title holder of record for the premises or parcel of land that is to be served or proposed to be served with a municipal reclaimed water service.
(63)
Public Access Area. An area that is intended to be accessible to the general public, such as golf courses, cemeteries, parks, landscape areas, hotels, motels, and highway medians. Public access areas include private property that is not open to the public at large, but is intended for frequent use by many persons. Public access areas also include residential dwellings. Presence of authorized farm personnel or authorized treatment plant, utilities system, or reuse system personnel does not constitute public access.
(64)
Pump Station or Booster Pump Station. A structure housing pumps and their appurtenances which conveys reclaimed water or boosts the operating pressure in the distribution system.
(65)
Rates. Charges set by the City to recover all or a portion of the costs of construction, operation and maintenance of the reclaimed water system.
(66)
Reclaimed Water. The highly treated effluent from the City's WRFs, which complies with the requirements established by FDEP in Chapter 62-610, F.A.C. and is used for beneficial purposes.
(67)
Reclaimed Water Distribution System. A network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more WRFs to one or more users of reclaimed water terminating at the customer's reclaimed water connection or meter.
(68)
Reclaimed Water Pipe. A structure or device used to convey, distribute and deliver reclaimed water.
(69)
Reclaimed Water Purveyor. The operator of the reclaimed water system. City of Orlando, or a third party operator as designated by the City Council, shall be the purveyor of the reclaimed water supply.
(70)
Reclaimed Water Service Connection. The point where the City's reclaimed water distribution system is connected to the property owner's or user's reclaimed water system, generally at the property line or the outlet of the reclaimed water meter.
(71)
Reclaimed Water Standards Manual. The manual adopted by the City Council which sets forth the requirements and the standards for construction or installation of the property owner's or user's reclaimed water or irrigation system, including all equipment, components and appurtenances, and the connection to the City's reclaimed water distribution system.
(72)
Reduced Pressure Backflow Preventor. An assembly consisting of two (2) independently operating, approved check valves together with an automatic hydraulic operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. Tightly closing resilient seated shut-off valves are installed on each side of the check valves with properly located test cocks for the testing of the check valves and the relief valve.
(73)
Residential Property. Land limited by zoning classifications for construction of housing or dwelling units.
(74)
Restricted Access. Where access to the reuse site by the general public is controlled and that access to the reuse site by the public is infrequent. Such sites will be accessible only to authorized operators and designated personnel.
(75)
Reuse. The deliberate application of reclaimed water, in compliance with FDEP and City regulations, for a beneficial purpose.
(76)
Reuse Authority. A utility, municipality, cooperative, authority, or other entity which obtains reclaimed water from two or more utilities, municipalities, or other entities and develops and operates a reclaimed water distribution system for the distribution of reclaimed water to one or more users of reclaimed water.
(77)
Service Area. The area of land that is, or will be, served by the reclaimed water system.
(78)
Service Charge. The rate or fee assessed by the City, or designee, for rendering a specific service.
(79)
Service Line. The pipe that connects the distribution line to the customer's system for the delivery of potable or reclaimed water.
(80)
Service Meter. A device for the measurement of potable or reclaimed water delivered to a customer's system for use that may be used for billing purposes.
(81)
Shall is mandatory. May is permissive or discretionary.
(82)
Significant Violation. A violation of this Ordinance which, in the opinion of the City, remains uncorrected for thirty (30) days after notification of noncompliance, or which is part of a pattern of noncompliance, or, which involves failure to accurately report noncompliance, or, which resulted or results in the City exercising its emergency authority under this or any related Chapter of the City Code.
(83)
Standard Methods for the Examination of Water and Wastewater (Standard Methods), current edition. Reference of analytical protocols and sample collection procedures as published jointly by the American Public Health Association, Water Environment Federation, and American Water Works Association.
(84)
Standard Plumbing Code. The Standard Plumbing Code as published by the Southern Building Code Congress International, Inc., latest edition, and adopted by reference by the City.
(85)
State. State of Florida.
(86)
Subsurface Application System. A network of small diameter, porous or perforated pipes installed horizontally at depth generally less than twelve (12) inches for the purpose of releasing reclaimed water at or near the root zone of the vegetated cover. The release of reclaimed water is below the ground surface.
(87)
Third Party or Contract Operator. An entity or system operator other than the City that has been designated and approved by the City Council to provide services, such as to distribute reclaimed water to the general public, to operate and maintain the reclaimed water distribution system and to collect payment from users for the service.
(88)
Transmission Lines. The pipes used to convey reclaimed water from the WRF to the distribution mains.
(89)
Unrestricted Access. Access to the reuse site by the general public is uncontrolled or that the site is frequently used by humans. An area having unrestricted access is a "public access area" as defined in Rule 62-610.200(44), F.A.C.
(90)
User. An individual, corporation, governmental or private entity, business, or other establishment that receives and uses, or has contracted to receive and use, reclaimed water from the public reclaimed water distribution system, and who shall be assessed a fee by the City, or designee, for such service. Refer to customer.
(91)
Valve. A device that is installed to manually or automatically control the amount and direction of flow.
(92)
Valve or Meter Box. A concrete, metal or PVC box and cover that is set over the service meter or shut-off valve for access and to protect the appurtenance.
(93)
Water Purveyor. The owner and operator of the public potable water supply, such as OUC or Orange County Utilities.
(94)
Water Quality Standards. The numerical and narrative criteria to define the quality of the reclaimed water.
(95)
Water Reclamation Facility (WRF). That portion of the publicly owned wastewater system, which is designed to provide treatment of domestic and industrial wastes and to produce reclaimed water for reuse.
(96)
Water Service Connection. The point of connection between the public potable water distribution system and the property owner's or user's potable water system. Generally, the connection is considered to be the outlet end of the service meter beyond the point of delivery for the user's system.
(97)
Water Service Installation. The establishment of a new point of delivery, reuse of an existing point of delivery for a new or different customer, or the modification of an existing point of delivery from the potable water system for any customer or user.
Terms not otherwise defined herein shall be adopted by reference as defined in the current edition of Title 40 of the Code of Federal Regulations, Chapter 62 of the Florida Administrative Code, technical manuals of practice published by ASTM, AWWA and WEF; applicable building codes; and Guidance Manuals published by EPA and FDEP.
(Ord. of 5-6-2002, Doc. #020506702)