§ 19-191. Reclaimed water.

The county hereby establishes this reclaimed water policy for the purpose of determining allocation and use of treated sewage effluent (hereinafter referred to as "reclaimed water") for landscape irrigation of appropriate green areas within the service area of the county.

(1)

Intent. The county owns, operates and maintains wastewater treatment facilities, pursuant to and under operating permits from the Florida Department of Environmental Protection, which produce reclaimed water of a quality suitable for the irrigation of grasses, woodlands and certain vegetation. Compliance with water management district policies coupled with demands of a growing population have increased the need for water conservation measures and reuse of wastewater. The highest priority for use of potable water is for human consumption. The substitution of irrigation quality wastewater effluent for nonpotable purposes offers the potential for economic benefits allowed by the addition of a new resource into the county's water supply. The irrigation of turf grasses, such as golf courses and lawns, appears to be the foremost prospect for large scale water reuse within the county's service area. Replacing existing potable water withdrawal with reclaimed water allows an increased population to be served from present water supply. This policy represents a long term beneficial use of a valuable and limited resource by recycling water currently being lost to the fresh water system.

(2)

Availability. The county shall make reclaimed water available to consumers, within the service area of the county, that own large tracts of green areas requiring landscape irrigation (the foregoing consumer shall hereafter be referred to as a "user"). Reclaimed water will be provided to users in accordance with approved reclaimed water agreements. The county will allocate the effluent as fairly as possible. Determination of the quantity of effluent to be provided shall be at the sole discretion of the board.

(3)

Type of treated sewage reclaimed water. The irrigation water provided will be reclaimed water from a tertiary treatment process which involves secondary wastewater treatment, filtration and high-level disinfection meeting or exceeding the requirements of Florida Administrative Code Chapter 62-610, Florida Department of Environmental Protection. The reclaimed water shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies having jurisdiction over such activities, and the reclaimed water shall not have levels of bacteria, viruses or any constituent which would constitute a danger to human health.

(4)

Disposal.

a.

The county shall provide the user with bulk quantities of reclaimed water from its wastewater treatment facilities. The user shall be responsible for the construction and installation, at its sole cost and expense of utility lines and facilities needed to connect into the county's reclaimed water system. Prior to receiving reclaimed water, the user shall convey ownership to the county of all lines and facilities from authorized treatment facilities to the point of delivery of effluent to the user by bill of sale in a form satisfactory to the county; it being understood that lines and facilities must be constructed to the satisfaction of the county in accordance with the guidelines and specifications of the county. Acceptance of said lines and facilities shall be within the sole discretion of the board.

b.

The user shall be responsible for obtaining information and preparing all necessary environmental planning, hydrogeologic monitoring studies and reports reasonably necessary for the preparation and continued utilization of the user's property as a site for reclaimed water reuse. The user shall be responsible for any and all costs relative to the maintenance of any water management tract constructed upon the user's land and the user shall be responsible, at its sole cost and expense, for the construction and maintenance of any reclaimed water spray irrigation device or other system which draws from the water management tract. The user shall incur the costs of securing licenses and permits from applicable governmental agencies relative to the reuse of the county's reclaimed water upon the user's property, including any costs incurred by the county to secure same.

c.

As a prerequisite to the county's acceptance of reclaimed water discharge and delivery lines, facilities and appurtenances thereof, the user shall grant county its successors and assigns, all easements and rights of ingress and egress, necessary for the discharge and delivery of reclaimed water upon the user's property, including but not limited to easements covering lines and facilities. The easements shall allow the county to own, maintain, construct and operate within the user's property or parts thereof, effluent discharge lines and other facilities required for the effluent delivery.

(5)

Reclaimed water agreement. The user will be required to execute a reclaimed water agreement setting for such reasonable provisions governing the user and the county responsibilities pertaining to the discharge and disposal of reclaimed water effluent. The user shall pay a fee to defray the cost of the preparation of reclaimed water agreements by county's counsel. This reclaimed water agreement will establish the user's allotment of reclaimed water, the cost per one thousand (1,000) gallons of reclaimed water delivered to the user's property and a minimum charge as appropriate.

(6)

Assignment. The user shall not assign, transfer, release or encumber its reclaimed water allotment without prior approval by county. In the event there is a bonafide sale of the user's property, the county must be notified of the sale in writing and board shall, at its sole discretion, decide whether to permit the assignment of the reclaimed water.

(7)

Economic feasibility. The county agrees to provide reclaimed water on a uniform and nondiscriminatory basis to users who seek such service and are entitled to same within county's service area subject only to priority considerations, as long as it is economically feasible for the county to do so. County may be relieved of its obligation to provide reclaimed water where to do so would cause extraordinary capital expenditures in the future due to changes in environmental, health, safety, economic, aesthetic or other considerations of public law or policy. If county knows that a major change in public law or policy is likely to occur in the immediate future which would require county to expend additional amounts of money to provide reclaimed water to an individual user, county may require such user to pay the actual costs of such additional expenditure prior to agreeing to provide reclaimed water notwithstanding any other term or condition of this reclaimed water policy.

(Ord. No. 04-4, § 18, 3-2-2004)