Ord 27-05
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ORDINANCE NO. 27-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED
WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE
OF AND CONNECTION TO RECLAIMED WATER AND SETTING
RATES FOR SUCH USE; AMENDING SECTION 52.19,
"VEGETATION WATER METERS", TO CLARIFY THE USE OF
VEGETATION WATER METERS VERSUS RECLAIMED WATER
METERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must be
conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be used for
irrigation purposes, thereby substantially contributing to the conservation of groundwater and
potable water; and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system
which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in helping to
conserve water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAYBEACH, THAT:
Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read as follows:
CHAPTER 59. RECLAIMED WATER
Sec. 59.01. AUTHORITY AND PURPOSE.
This article is created in accordance with section 403.064, Florida Statutes, and provides for the
encouragement and use of reclaimed water to protect the environment and conserve the City of
Delray Beach's potable water supply.
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Subject to the direction of the City Commission, all powers, duties, and authorities relating to the
operation of the facilities of the Environmental Services Department, are vested in the Director of
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the Environmental Services Department unless specifically vested elsewhere by the provisions of
this Chapter. In the absence of the Director of the Environmental Services Department an
individual specifically appointed by the City Manager, may assume the powers, duties, and authority
vested by this section.
Sec. 59.02. APPLICABILITY.
This Chapter shall apply within the utility service area of the City of Delray Beach, as hereinafter
defined and amended from time to time, and shall be liberally construed to effectuate the purposes
set forth herein.
Sec. 59.03. OBJECTIVE.
The objective of this Chapter is to set forth requirements for the use of reclaimed water and the
construction of reclaimed water facilities within the City of Delray Beach to be in compliance with i
all applicable federal and state laws, rules, and regulations as they pertain to reclaimed water.
Sec. 59.04. DEFINITIONS.
As used in this article, the following words and phrases have the meaning ascribed herein, unless a
different meaning is set forth in another section of this Chapter or the context clearly indicates
otherwise.
Backflow prevention assemblY. A backflow prevention assembly shall mean a device and/or method of
construction used to prevent backflow into a potable and/or reclaimed water system. The type of
assembly used shall be based on the degree of hazard, either existing or potential.
City. City of Delray Beach, Florida, a municipal corporation.
Cross connection. Any physical arrangement whereby a potable and/or reclaimed water supply is
connected, direcdy or indirecdy, with any other system capable of imparting contamination to the
potable and/or nonpotable water supply as the result of backflow.
Customer. Any person, dwelling unit, agent, property owner, developer, user, company, municipal
corporation, political subdivision, homeowners association or other entity which accepts or receives
reclaimed water service or benefits direcdy from services rendered by the department.
Deparlment. The City of Delray Beach Environmental Services Department.
Director. The Director of the City of Delray Beach Environmental Services Department or the duly
authorized representative.
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Dwelling unit. A single unit designated or intended for one-family occupancy (a household of one (1)
or more persons), including, but not limited to, one (1) single-family house, one-half ( 1/2) of a
duplex, one (1) apartment, or one (1) mobile home.
Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or edible
crops as set forth in Chapter 62-610, Florida Administrative Code.
Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts,
corporations, and all other groups or combinations.
Point of service. The oudet side of the Department's reclaimed water meter box or other point
identified on construction plans which ends the Department's ownership, operation and
maintenance responsibility.
Property owner. One in whom the legal tide to real estate is vested as recorded in the public records of
the State of Florida.
Reclaimed water. Water that has received at least secondary treatment and basic disinfection and is
reused after flowing out of a wastewater treatment facility (Florida Administrative Code, Chapter 62-
610).
Reclaimed water distribution ~stem. A network of pipes, pumping facilities, storage facilities, and related
appurtenances designed to convey and distribute reclaimed water from one (1) or more wastewater
treatment facilities up to the Department's side of the point of service.
Reclaimed water irrigation .rystem. A network of pipes, pumping facilities, storage facilities, sprinkler
heads, and appurtenances on the customer's side of the point of service designed to convey and
apply reclaimed water.
Retail Customer. Any single family residential connection regardless of meter size, and any multi-
family residential or non-residential connection requiring a meter size less than two inches.
Service. The readiness and ability on the part of department to furnish reclaimed water to the
property.
Service initiation. The date a reclaimed water meter is installed.
Utility Service Area. The area encompassed by the City's Planning Area as shown on the Future Land
Use Map in the City's Comprehensive Plan exclusive of the Country Club Acres development lying
west of Military Trail.
Wholesale Customer. Any multi-family residential or non-residential connection requiring a meter size
of two inches or larger.
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Sec. 59.04. ADOPTION OF CHAPTER 62-610, FLORIDA ADMINISTRATIVE CODE.
The rules and regulations appearing in Chapter 62-610, F.A.C, as may be amended from time to
time, are hereby adopted by reference as though fully set forth within this article and shall apply
within the City as an ordinance. In the event of any variation_between the provisions of Chapter 62-
610, F.A.C, and the provisions of this article, the more strict provision shall prevail. The violation of
Chapter 62-610, F.A.C, shall be deemed a violation of this section.
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH
UTILITY SERVICE AREA.
(A) Reclaimed water service will be made available within the City's Utility Service Area as the
transmission system is extended and treatment capacity becomes available.
(B) Reclaimed water service will be deemed available when facilities necessary for connection to
the customers' irngation system are activated to the customers' point of service. Easements may be
required across private property to accommodate extension of the transmission system to the
customers' point of service. In the event that such required easements are not granted by the
customer, reclaimed water will be deemed available when facilities are placed in service abutting any
point on the customers property line.
(C) Customers shall have ninety (90) days from the date of notification from the City of service
availability to connect irrigation systems to the reclaimed water system with no fees assessed by the
City. Customers connecting after that time will be assessed meter installation charges. After the
stated 90 day period, customers requiring irrigation water that remain unconnected to the reclaimed
water system will be assessed a monthly capacity charge as listed in section 59.09. Upon connection
to the reclaimed water system, the capacity charge will cease.
I: (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the
responsibility of the customer and shall be performed at the customer's expense.
(E) Should the customer require reclaimed water of quality or pressure varying from that normally
supplied by the City, the customer shall be responsible for any devises necessary to make these
adjustments, provided, however, that such devices will require prior approval by the City.
I Sec. 59.07. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION
SYSTEM.
(A) Meters required. Meters are required on all reclaimed water service connections. No person or
property shall have access to the reclaimed water distribution system or use reclaimed water without
delivery of same through a meter. All reclaimed water meters shall be furnished and installed by an
employee or authorized person of the Department, and shall remain the property of the
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I Department. The minimum meter size for connection to the City's reclaimed water system is three-
I fourths of one inch. Required meter size for any connection will be determined by the
Ii Environmental Services Department on the basis of the irrigation system required pressure and flow
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characteristics as provided by the Customer
(B) Rules, regulations and fees. The City may establish, revise, modify and enforce rules, regulations
and fees pertaining to the provision of reclaimed water service. Such rules, regulations, and fees,
which are subject to the approval of the City, are set forth in this ordinance, and shall be binding
upon all property owners, customers, agents, and assigns required to use and/or using reclaimed
water.
(C) Operation and maintenance responsibilities for the reclaimed water irrigation .rystem. The operation and
maintenance of the reclaimed water irrigation system shall be the sole responsibility of the customer
and/ or Property Owner utilizing reclaimed water from said system. The customer and/or Property
II Owner shall provide reasonable access to the Department for periodic inspections of the operation
and maintenance of the reclaimed water irrigation system. Failure by the customer and/or Property
II Owner to properly operate and maintain said reclaimed water irrigation system in accordance with
II federal, state, and local laws, rules and regulations, shall constitute a violation of this article and be
subject to enforcement action as set forth herein below.
Sec. 59.08. ACCESS TO WATER METERS.
It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any manner,
II full access to City reclaimed water meters or their appurtenances by the City's agents or employees,
for the purposes of making necessary periodic readings, repairs, removal, or disconnection of service
on said meters or their appurtenances. Such interference may include, but shall not be limited to, use
of locked gates or fences, presence of animals, physical barriers, or overgrown vegetation
Sec. 59.09. FEES, RATES & CHARGES.
(A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly
basis per 1000 gallons in accordance with the following schedule:
1. Retail customer rate $ 1.00
2. Wholesale customer rate $ 0.24
(B) Meter installation charges, when applicable, shall be as listed in Chapter 52, section 52.32.
(C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B).
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Sec. 59.10. INSPECTIONS.
(A) To ensure that the provisions of the City's ordinances, regulations and procedures are being
observed, the City shall inspect, secure or remove, as necessary, any or all devices, including but not
limited to, backflow preventers, valves, fittings, pipes and sprinklers which connect to or control the
reclaimed water.
(B) The refusal by a consumer to permit an authorized City agent or employee to enter a premises
for the purpose of inspecting an irrigation system may result in the immediate discontinuance of the
reclaimed water service in the discretion of the City.
(C) The City shall inspect all connections to the reclaimed water system prior to the connection
being placed in service.
Sec. 59.11. CONTROL OF BACKFLOW AND CROSS CONECTION.
Refer to Code of Ordinance Sections 52.80 - 52.83.
Sec. 59.12. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM.
No person shall maliciously, willfully or negligendy break, damage, destroy, uncover, or deface any
structure, appurtenance or equipment which is part of the reclaimed water distribution system. All
costs to repair any damage to the reclaimed water distribution system and/ or all costs associated
with additional treatment or alternative disposal requirements resulting from said action, shall be
assessed to the person(s) responsible.
Sec. 59.13. APPROVED USES OF RECLAIMED WATER.
Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and
regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and
nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in
Chapter 62-610, Florida Administrative Code), highway medians, dust control on construction sites,
mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be
approved in writing by the Director prior to said usage.
Sec. 59.14. PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER
AND THE RECLAIMED WATER DISTRIBUTION SYSTEM.
No person shall use reclaimed water unless in accordance with federal, state, or local laws, rules, or
regulations. Pursuant to this article, no person shall:
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(A) Use potable water for irrigation of landscaped areas where reclaimed water is available for
such purpose.
(B) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below grade vaults and
clearly marked as being of non-potable quality. All vault covers shall be color-coded purple and shall
be kept locked when not in use.
(C) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or decorative
fountains.
(D) Pipe reclaimed water into or use reclaimed water inside of any building or structure.
(E) Cut and/or remove a Department-installed lock; tamper with the meter, bypass, or reverse a
reclaimed water meter; use, alter or make any connection to the reclaimed water distribution system
unless prior written approval has been given by the Director, and an employee or authorized person
of the Department is present at the time of said approved action.
(F) Sell, barter, trade or otherwise transfer reclaimed water to any other person or entity.
(G) Cause a cross connection between a potable water supply and the reclaimed water distribution
system or the reclaimed water irrigation system, or violate a provision or requirement of City
Ordinances pertaining to backflow prevention or cross connection control.
(H) Setback Distances shall be maintained as required in chapter 62-610, F.A.C
Sec. 59.15. SERVICE INTERRUPTION.
(A) The City reserves the right to discontinue service to any portion of, or the entire, reclaimed
water system as deemed necessary by the Director.
(B) The Director shall have the authority to establish schedules which restrict the use of the
reclaimed water system at certain times in order to reduce maximum pressure demands on the
system and to regulate usage during periods of limited reclaimed water availability.
Sec. 59.16. CITY RESPONSIBILITY.
The City will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at
all times. However, no assurances or guarantees shall be provided to customers or to others
regarding the quantity or quality of the water due to circumstances beyond their control.
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Sec. 59.17. LOCATION.
The location of reclaimed water service lines and points of delivery to private property shall be
determined by the City. The normal location of the reclaimed water point of delivery (including
meter when required) is behind the right-of-way line on the property being served.
Sec. 59.18. METER REQUIREMENTS.
Appropriately sized meters shall be required for all commercial, industrial, and multi-family dwelling
unit uses as determined by the Director.
Sec. 59.19. SHALLOW POTABLE WELLS.
(A) The City shall not provide reclaimed water service where shallow wells, the existence of which
is known by the City, are a source of potable water and where buffer zone requirements of the
Florida Department of Environmental Regulation cannot be maintained.
(B)No person shall install a shallow well intended for use as a source of potable water for property
where reclaimed water and potable water connections are available.
Sec. 59.20. USE OF RECLAIMED WATER.
Reclaimed water service may be provided as a source of water for cooling and miscellaneous process
applications. However, reclaimed water may not be piped into any building used for residential
purposes. Any effluent reclaimed water from cooling and/ or process use must be discharged to the
sanitary sewer and must meet all city, state and federal discharge regulations. A sewer charge for
processing of said discharge will be applied in addition to the cost of the reclaimed water. Any
discharge to the City's sanitary system must meet the City's minimum pre-treatment standards.
Sec. 59.21. RUN-OFF CONTROL.
Customers shall be responsible for the operation of their private reclaimed water systems in a
prudent manner to ensure that neither ponding nor run-off from the system occurs.
Sec. 59.22. DISCONTINUATION OF RECLAIMED WATER SERVICE.
(A) Immediate threat to public health. The Director may issue a stop usage notice requiring the
customer and/or property owner to immediately cease using reclaimed water if said usage is deemed
to present or cause an immediate threat or substantial endangerment to the health, safety or welfare
of the public, to the environment, or to the operations of the City's reclaimed water distribution
system. Any such finding shall be included in the Director's notification to cease usage of said
reclaimed water. Should the customer not comply with the stop usage notice, the Department may
immediately discontinue service of reclaimed water to the property. All expenses incurred by the
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Department to discontinue said service and/or any and all damages associated with the use of the
reclaimed water shall be borne by the customer and/or property owner.
(B) Other violations. Notwithstanding the provisions as set forth in paragraph (A) hereinabove, the
Director shall, upon discovery of a violation of this article, notify the customer and/or property
owner of said violation by certified mail or by placing a notice on the property or by any other
reasonable means. The notice of violation shall set forth the specific violation, the corrective action
to be taken by the customer and/ or the property owner, and the period of time by which the
customer and/or property owner must correct the violation. Should the customer and/or property
owner not correct said violation within the designated period of time, the Department shall
discontinue service of reclaimed water to the property until said violation is corrected and all fees
associated with the disconnection and/or reconnection of service to said property are paid in full by
the customer and/or property owner.
Sec. 59.99 PENALTY.
See Section 10.99 of the Code of Ordinances.
Section 2. Chapter 52, "Water", Section 52.19, ''Vegetation Water Meters", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 52.19 VEGETATION WATER METERS.
(A) Separate vegetation water meters for the purpose of watering or irrigation of vegetation or
other plant life shall be permitted in an area east of a line which approximates Interstate 95 from the
north City limit to Linton Boulevard, then east to Southwest 4th Avenue, then south along
Southwest 4th Avenue (and extensions thereof) to the south City limit, or a line in close proximity
thereto as may be established by the Director of Environmental Services; however, no such separate
meters shall be permitted on single-family residential properties, except where a single-family home
is located on an individual lot or in a subdivision where a restriction of such use has not been
imposed during development approval. Properties that are capable of being served by reclaimed
water. as provided ill Chapter 59. shall not be allowed to have a separate vegetation water meter. No
separate vegetation water meter shall be permitted west of said line except as provided in division
(B) below.
(B) A separate vegetation water meter shall be permitted west of said line where the Director of
Environmental Services determines that the chloride content of the on-premises or available
groundwater renders it unsuitable for irrigation purposes.
(C) Said separate vegetation water meter shall serve a water system, and the water flowing from
and through such shall be used exclusively for the watenng or irrigation of vegetation or other plant
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life. No connection to said system shall be made for purposes other than the watering or irrigation
of vegetation or other plant life.
(D) The use of City water for irrigation purposes may be allowed on a case-by-case basis
anywhere in the City where and when appropriate for good and sufficient purposes, and when there
will be no adverse effects on the municipal water system. Such approval may be granted only by the
Director of Environmental Services with the concurrence of the City Manager. Good and sufficient
purposes may include, but are not limited to, irrigation of areas small in size or resulting in minimal
demand on the water system, or where the siting of a well is not appropriate.
Section 3. That should any section or provision of this ordinance, or any portion thereof,
or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby, repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ~. ,2002.
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ATTEST:
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City Clerk S\3\aS
First Reading
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Second Reading 5\\'\ \ \)5
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ORDINANCE NO. 27-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED
WATER", TO PROVIDE FOR GUIDELINES REGARDING THE
USE OF AND CONNECTION TO RECLAIMED WATER AND
SETTING RATES FOR SUCH USE; AMENDING SECTION 52.19,
"VEGETATION WATER METERS", TO CLARIFY THE USE OF
VEGETATION WATER METERS VERSUS RECLAIMED WATER
METERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must
be conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be
used for irrigation purposes, thereby substantially contributing to the conservation of
groundwater and potable water; and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed
water system which would make reclaimed water available for irrigation: and
WHEREAS, such reclaimed water system serves a valid public purpose in
helping to conserve water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, THAT:
Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby enacted to read as follows:
CHAPTER 59. RECLAIMED WATER
Sec. 59.01. AUTHORITY AND PURPOSE.
This article is created in accordance with section 403.064, Florida Statutes, and
provides for the encouragement and use of reclaimed water to protect the environment
and conserve the City of Delray Beach's potable water supply.
Subject to the direction of the City Commission, all powers, duties, and authorities
relating to the operation of the facilities of the Environmental Services Department, are
vested in the Director of the Environmental Services Department unless specifically
vested elsewhere by the provisions of this Chapter. In the absence of the Director of the
Environmental Services Department an individual specifically appointed by the City
Manager, may assume the powers, duties, and authority vested by this section.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tn
SUBJECT: AGENDA ITEM # 'C>{6 - REGULAR MEETING OF MAY 17,2005
ORDINANCE NO. 27-05
DATE: MAY 13, 2005
This ordinance is before Commission for second reading and public hearing to amend the Code of
Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of
reclaimed water and amending Section 52.19, ''Vegetation Water Meters", to clarify the use of
vegetation water meters versus reclaimed water meters.
At the first reading on May 3, 2005, the Commission passed Ordinance No. 27-05.
Recommend approval of Ordinance No. 27-05 on second and final reading.
S:\Clty Clerk\agenda memo.Ord 27-05 Reclauned Water 051705
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[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090· FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
f l 0 I I D A.
......
Al-AmerIca City
~1Ir, MEMORANDUM
DATE: April 22, 2005
TO: City Commission
David Harden, City Manager
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FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Reclaimed Water Ordinance
Ordinance No. 27-05 provides guidelines for the use of reclaimed water. A draft of
this ordinance was presented to the Commission at its April 12, 2005 workshop
meeting. The definition of "Utility Service Area" was modified in an attempt to
provide a clearer definition. This ordinance provides the rates, connection
requirements and other guidelines governing the use of reclaimed water.
This ordinance also includes a change to Section 52.19 to clarify that separate
meters, off of the potable water system, shall not be allowed for irrigation systems
when reclaimed water is available.
Our office requests that this item be placed on the May 3, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Director of Environmental Services
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ORDINANCE NO. 27-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED
WATER", TO PROVIDE FOR GUIDELINES REGARDING THE
USE OF RECLAIMED WATER; AMENDING SECTION 52.19,
"VEGETATION WATER METERS", TO CLARIFY THE USE OF
VEGETATION WATER METERS VERSUS RECLAIMED WATER
METERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must
be conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be
used for irrigation purposes, thereby substantially contributing to the conservation of
groundwater and potable water; and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed
water system which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in
helping to conserve water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, THAT:
Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby enacted to read as follows:
CHAPTER 59. RECLAIMED WATER
Sec. 59.01. AUTHORITY AND PURPOSE.
This article is created in accordance with section 403.064, Florida Statutes, and
provides for the encouragement and use of reclaimed water to protect the environment
and conserve the City of Delray Beach's potable water supply.
Subject to the direction of the City Commission, all powers, duties, and authorities
relating to the operation of the facilities of the Environmental Services Department, are
vested in the Director of the Environmental Services Department unless specifically
vested elsewhere by the provisions of this Chapter. In the absence of the Director of the
Environmental Services Department an individual specifically appointed by the City
Manager, may assume the powers, duties, and authority vested by this section.
Sec. 59.02. APPLICABILITY.
This Chapter shall apply within the utility service area of the City of Delray Beach, as
hereinafter defined and amended from time to time, and shall be liberally construed to
effectuate the purposes set forth herein.
Sec. 59.03. OBJECTIVE.
The objective of this Chapter is to set forth requirements for the use of reclaimed water
and the construction of reclaimed water facilities within the City of Delray Beach to be in
compliance with all applicable federal and state laws, rules, and regulations as they
pertain to reclaimed water.
Sec. 59.04. DEFINITIONS.
As used in this article, the following words and phrases have the meaning ascribed
herein, unless a different meaning is set forth in another section of this Chapter or the
context clearly indicates otherwise.
Backflow prevention assembly. A backflow prevention assembly shall mean a device
and/or method of construction used to prevent backflow into a potable and/or reclaimed
water system. The type of assembly used shall be based on the degree of hazard,
either existing or potential.
City. City of Delray Beach, Florida, a municipal corporation.
Cross connection. Any physical arrangement whereby a potable and/or reclaimed water
supply is connected, directly or indirectly, with any other system capable of imparting
contamination to the potable and/or nonpotable water supply as the result of backflow.
Customer. Any person, dwelling unit, agent, property owner, developer, user, company,
municipal corporation, political subdivision, homeowners association or other entity
which accepts or receives reclaimed water service or benefits directly from services
rendered by the department.
Department. The City of Delray Beach Environmental Services Department.
Director. The Director of the City of Delray Beach Environmental Services Department
or the duly authorized representative.
Dwelling unit. A single unit designated or intended for one-family occupancy (a
household of one (1) or more persons), including, but not limited to, one (1) single-
family house, one-half ( 1/2) of a duplex, one (1) apartment, or one (1) mobile home.
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Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees,
or edible crops as set forth in Chapter 62-610, Florida Administrative Code.
Person. Includes individuals, firms, associations, joint ventures, partnerships, estates,
trusts, corporations, and all other groups or combinations.
Point of service. The outlet side of the Department's reclaimed water meter box or other
point identified on construction plans which ends the Department's ownership, operation
and maintenance responsibility.
Properly owner. One in whom the legal title to real estate is vested as recorded in the
public records of the State of Florida.
Reclaimed water. Water that has received at least secondary treatment and basic
disinfection and is reused after flowing out of a wastewater treatment facility (Florida
Administrative Code, Chapter 62-610).
Reclaimed water distribution system. A network of pipes, pumping facilities, storage
facilities, and related appurtenances designed to convey and distribute reclaimed water
from one (1) or more wastewater treatment facilities up to the Department's side of the
point of service.
Reclaimed water irrigation system. A network of pipes, pumping facilities, storage
facilities, sprinkler heads, and appurtenances on the customer's side of the point of
service designed to convey and apply reclaimed water.
Retail Customer. Any single family residential connection regardless of meter size, and
any multi-family residential or non-residential connection requiring a meter size less
than two inches.
Service. The readiness and ability on the part of department to furnish reclaimed water
to the property.
Service initiation. The date a reclaimed water meter is installed.
Utility Service Area. The area encompassed by the City's Planning Area as shown on
the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country
Club Acres development lying west of Military Trail.
Wholesale Customer. Any multi-family residential or non-residential connection
requiring a meter size of two inches or larger.
Sec. 59.04. ADOPTION OF CHAPTER 62-610, FLORIDA ADMINISTRATIVE CODE.
The rules and regulations appearing in Chapter 62-610, F.A.C., as may be amended
from time to time, are hereby adopted by reference as though fully set forth within this
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article and shall apply within the City as an ordinance. In the event of any variation
between the provisions of Chapter 62-610, F.A.C., and the provisions of this article, the
more strict provision shall prevail. The violation of Chapter 62-610, F.A.C., shall be
deemed a violation of this section.
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH
UTILITY SERVICE AREA.
(A) Reclaimed water service will be made available within the City's Utility Service
Area as the transmission system is extended and treatment capacity becomes
available.
(8) Reclaimed water service will be deemed available when facilities necessary for
connection to the customers' irrigation system are activated to the customers' point of
service. Easements may be required across private property to accommodate
extension of the transmission system to the customers' point of service. I n the event
that such required easements are not granted by the customer, reclaimed water will be
deemed available when facilities are placed in service abutting any point on the
customers property line.
(C) Customers shall have ninety (90) days from the date of notification from the City of
service availability to connect irrigation systems to the reclaimed water system with no
fees assessed by the City. Customers connecting after that time will be assessed meter
installation charges. After the stated 90 day period, customers requiring irrigation water
that remain unconnected to the reclaimed water system will be assessed a monthly
capacity charge as listed in section 59.09. Upon connection to the reclaimed water
system, the capacity charge will cease.
(D) Connection of an irrigation system to the customer's side of the reclaimed water
meter is the responsibility of the customer and shall be performed at the customer's
expense.
(E) Should the customer require reclaimed water of quality or pressure varying from
that normally supplied by the City, the customer shall be responsible for any devises
necessary to make these adjustments, provided, however, that such devices will require
prior approval by the City.
Sec. 59.07. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION SYSTEM.
(A) Meters required. Meters are required on all reclaimed water service connections.
No person or property shall have access to the reclaimed water distribution system or
use reclaimed water without delivery of same through a meter. All reclaimed water
meters shall be furnished and installed by an employee or authorized person of the
Department, and shall remain the property of the Department. The minimum meter size
for connection to the City's reclaimed water system is three-fourths of one inch.
Required meter size for any connection will be determined by the Environmental
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Services Department on the basis of the irrigation system required pressure and flow
characteristics as provided by the Customer
(8) Rules, regulations and fees. The City may establish, revise, modify and enforce
rules, regulations and fees pertaining to the provision of reclaimed water service. Such
rules, regulations, and fees, which are subject to the approval of the City, are set forth in
this ordinance, and shall be binding upon all property owners, customers, agents, and
assigns required to use and/or using reclaimed water.
(C) Operation and maintenance responsibilities for the reclaimed water irrigation
system. The operation and maintenance of the reclaimed water irrigation system shall
be the sole responsibility of the customer and/or Property Owner utilizing reclaimed
water from said system. The customer and/or Property Owner shall provide reasonable
access to the Department for periodic inspections of the operation and maintenance of
the reclaimed water irrigation system. Failure by the customer and/or Property Owner to
properly operate and maintain said reclaimed water irrigation system in accordance with
federal, state, and local laws, rules and regulations, shall constitute a violation of this
article and be subject to enforcement action as set forth herein below.
Sec. 59.08. ACCESS TO WATER METERS.
It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any
manner, full access to City reclaimed water meters or their appurtenances by the City's
agents or employees, for the purposes of making necessary periodic readings, repairs,
removal, or disconnection of service on said meters or their appurtenances. Such
interference may include, but shall not be limited to, use of locked gates or fences,
presence of animals, physical barriers, or overgrown vegetation
Sec. 59.09. FEES, RATES & CHARGES.
(A) Charges for reclaimed water use will be based on metered flows and will be billed
on a monthly basis per 1000 gallons in accordance with the following schedule:
1. Retail customer rate $ 1.00
2. Wholesale customer rate $ 0.24
(8) Meter installation charges, when applicable, shall be as listed in Chapter 52,
section 52.32.
(C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section
52.34(8).
Sec. 59.10. INSPECTIONS.
(A) To ensure that the provisions of the City's ordinances, regulations and procedures
are being observed, the City shall inspect, secure or remove, as necessary, any or all
5
devices, including but not limited to, backflow preventers, valves, fittings, pipes and
sprinklers which connect to or control the reclaimed water.
(8) The refusal by a consumer to permit an authorized City agent or employee to
enter a premises for the purpose of inspecting an irrigation system may result in the
immediate discontinuance of the reclaimed water service in the discretion of the City.
(C) The City shall inspect all connections to the reclaimed water system prior to the
connection being placed in service.
Sec. 59.11. CONTROL OF BACKFLOW AND CROSS CONECTION.
Refer to Code of Ordinance Sections 52.80 - 52.83.
Sec. 59.12. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, or
deface any structure, appurtenance or equipment which is part of the reclaimed water
distribution system. All costs to repair any damage to the reclaimed water distribution
system and/or all costs associated with additional treatment or alternative disposal
requirements resulting from said action, shall be assessed to the person(s) responsible.
Sec. 59.13. APPROVED USES OF RECLAIMED WATER.
Reclaimed water shall be used in accordance with applicable federal, state, and local
laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for
irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks,
landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative
Code), highway medians, dust control on construction sites, mixing of concrete, and
cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in
writing by the Director prior to said usage.
Sec. 59.14. PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER
AND THE RECLAIMED WATER DISTRIBUTION SYSTEM.
No person shall use reclaimed water unless in accordance with federal, state, or local
laws, rules, or regulations. Pursuant to this article, no person shall:
(A) Use potable water for irrigation of landscaped areas where reclaimed water is
available for such purpose.
(8) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below
grade vaults and clearly marked as being of non-potable quality. All vault covers shall
be color-coded purple and shall be kept locked when not in use.
6
(C) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or
decorative fountains.
(D) Pipe reclaimed water into or use reclaimed water inside of any building or
structure.
(E) Cut and/or remove a Department-installed lock; tamper with the meter, bypass, or
reverse a reclaimed water meter; use, alter or make any connection to the reclaimed
water distribution system unless prior written approval has been given by the Director,
and an employee or authorized person of the Department is present at the time of said
approved action.
(F) Sell, barter, trade or otherwise transfer reclaimed water to any other person or
entity .
(G) Cause a cross connection between a potable water supply and the reclaimed
water distribution system or the reclaimed water irrigation system, or violate a provision
or requirement of City Ordinances pertaining to backflow prevention or cross connection
control.
(H) Setback Distances shall be maintained as required in chapter 62-610, F.A.C.
Sec. 59.15. SERVICE INTERRUPTION.
(A) The City reserves the right to discontinue service to any portion of, or the entire,
reclaimed water system as deemed necessary by the Director.
(B) The Director shall have the authority to establish schedules which restrict the use
of the reclaimed water system at certain times in order to reduce maximum pressure
demands on the system and to regulate usage during periods of limited reclaimed water
availability.
Sec. 59.16. CITY RESPONSIBILITY.
The City will reasonably attempt to deliver an adequate supply of reclaimed water of
good quality at all times. However, no assurances or guarantees shall be provided to
customers or to others regarding the quantity or quality of the water due to
circumstances beyond their control.
Sec. 59.17. LOCATION.
The location of reclaimed water service lines and points of delivery to private property
shall be determined by the City. The normal location of the reclaimed water point of
delivery (including meter when required) is behind the right-of-way line on the property
being served.
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Sec. 59.18. METER REQUIREMENTS.
Appropriately sized meters shall be required for all commercial, industrial, and multi-
family dwelling unit uses as determined by the Director.
Sec. 59.19. SHALLOW POT ABLE WELLS.
(A) The City shall not provide reclaimed water service where shallow wells, the
existence of which is known by the City, are a source of potable water and where buffer
zone requirements of the Florida Department of Environmental Regulation cannot be
maintained.
(B) No person shall install a shallow well intended for use as a source of potable water
for property where reclaimed water and potable water connections are available.
Sec. 59.20. USE OF RECLAIMED WATER.
Reclaimed water service may be provided as a source of water for cooling and
miscellaneous process applications. However, reclaimed water may not be piped into
any building used for residential purposes. Any effluent reclaimed water from cooling
and/or process use must be discharged to the sanitary sewer and must meet all city,
state and federal discharge regulations. A sewer charge for processing of said
discharge will be applied in addition to the cost of the reclaimed water. Any discharge
to the City's sanitary system must meet the City's minimum pre-treatment standards.
Sec. 59.21. RUN-OFF CONTROL.
Customers shall be responsible for the operation of their private reclaimed water
systems in a prudent manner to ensure that neither ponding nor run-off from the system
occurs.
Sec. 59.22. DISCONTINUATION OF RECLAIMED WATER SERVICE.
(A) Immediate threat to public health. The Director may issue a stop usage notice
requiring the customer and/or property owner to immediately cease using reclaimed
water if said usage is deemed to present or cause an immediate threat or substantial
endangerment to the health, safety or welfare of the public, to the environment, or to the
operations of the City's reclaimed water distribution system. Any such finding shall be
included in the Director's notification to cease usage of said reclaimed water. Should the
customer not comply with the stop usage notice, the Department may immediately
discontinue service of reclaimed water to the property. All expenses incurred by the
Department to discontinue said service and/or any and all damages associated with the
use of the reclaimed water shall be borne by the customer and/or property owner.
(B) Other violations. Notwithstanding the provisions as set forth in paragraph (A)
hereinabove, the Director shall, upon discovery of a violation of this article, notify the
8
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customer and/or property owner of said violation by certified mail or by placing a notice
on the property or by any other reasonable means. The notice of violation shall set forth
the specific violation, the corrective action to be taken by the customer and/or the
property owner, and the period of time by which the customer and/or property owner
must correct the violation. Should the customer and/or property owner not correct said
violation within the designated period of time, the Department shall discontinue service
of reclaimed water to the property until said violation is corrected and all fees associated
with the disconnection and/or reconnection of service to said property are paid in full by
the customer and/or property owner.
Sec. 59.99 PENAL TV.
See Section 10.99 of the Code of Ordinances.
Section 2. Chapter 52, 'Water", Section 52.19, "Vegetation Water Meters", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Sec. 52.19 VEGETATION WATER METERS.
(A) Separate vegetation water meters for the purpose of watering or irrigation of
vegetation or other plant life shall be permitted in an area east of a line which
approximates Interstate 95 from the north City limit to Linton Boulevard, then east to
Southwest 4th Avenue, then south along Southwest 4th Avenue (and extensions
thereof) to the south City limit, or a line in close proximity thereto as may be established
by the Director of Environmental Services; however, no such separate meters shall be
permitted on single-family residential properties, except where a single-family home is
located on an individual lot or in a subdivision where a restriction of such use has not
been imposed during development approval. Properties that are capable of beinq
served by reclaimed water. as provided in Chapter 59. shall not be allowed to have a
separate veqetation water meter. No separate vegetation water meter shall be permitted
west of said line except as provided in division (B) below.
(B) A separate vegetation water meter shall be permitted west of said line where the
Director of Environmental Services determines that the chloride content of the on-
premises or available groundwater renders it unsuitable for irrigation purposes.
(C) Said separate vegetation water meter shall serve a water system, and the water
flowing from and through such shall be used exclusively for the watering or irrigation of
vegetation or other plant life. No connection to said system shall be made for purposes
other than the watering or irrigation of vegetation or other plant life.
(D) The use of City water for irrigation purposes may be allowed on a case-by-case
basis anywhere in the City where and when appropriate for good and sufficient
purposes, and when there will be no adverse effects on the municipal water system.
Such approval may be granted only by the Director of Environmental Services with the
9
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concurrence of the City Manager. Good and sufficient purposes may include, but are
not limited to, irrigation of areas small in size or resulting in minimal demand on the
water system, or where the siting of a well is not appropriate.
Section 3. That should any section or provision of this ordinance, or any portion
thereof, or any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof, other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby, repealed.
Section 5. That this ordinance shall become effective immediately upon its
passage on the second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the _ day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
10
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c-c ~ CCurú{~¿
32 Thursday, May 5/Fnday. May 6, 2005 - Boca Ra1on/DeIray Beach News . www.bocanews com
~ 100 ~
LEGAL NOTICES
NAMktì ut IHt CIlY Of- UELHAY
BEACH, FLORI0A, BY AMENOING
SECTION 35 089, "DEFINITIONS", TO
REVISE THE DERNmON OF "CREDIT-
ED SERVICE" TO PROVIDE FOR A
MEMBER WHO DIES WITHIN THIRTY
DAYS PRIOR TO ATTAINING FIVE
YEARS OF CREDITED SERVICE, PRO-
100 VIDING A GENERAL REPEALER
CLAUSE, PROVIDING A VALIDITY
ANNOUNCEMENTS CLJ\USE, AND PROVIDING AN EFfEC-
TIVE DATE
~ 100 ~ Please be adVISed that ~ a pe1SDfl
decodes to appeal any decision made
LEGAL NOTICES by !he CIty ComrnIosIon WIth respect to
any matter conSIdered at these hear·
mgs. such person may need to ensure
ÇlTT ut IlUJlAT IEKII. FLURIIIA that a verbatim record Includes !he If.s·
bmony and evKIence upon which the
IIOTIC£ Of PUIUC HEARIIG appeal IS 10 be based The City does
A PUBLIC HEARING WID be held on !he not pfOVlde nor prepare such record
~o~~W~~~"fIT~~~ Pursuanl to F S 286 0105
CITY OF DELRAY BEACH
any continuation of such meeting Chevelte 0 Nubm
~~~e~=fdò'~~ City Clerk
1 sl Avenue, 0eI~ Beach, florida, at PUBLISH ThwsdaK' May S, 2005
wInch bme !he City G<lmmlSSlOn WIll Boca RatonJOelray each News
~~=~og:o¡~ro~ Ad 1121825
Office of !he CIty Cieri< at City Haft, 100
~~~v:æhOu~r;r:~m~~
~f~~~;'::;'~~=
are .11V1\ed to attend and be heard WIth
respect to the proposed ordinances
ORDINAIIΠNO, 27-115
AN ORDINANCE OF THE CITY COM·
MISSION OF THE CITY OF DElRAY
BEACH. FLDRIDA, AMENDING THE
CODE OF ORDINANCES BY ENACT·
ING CHAPTER 59, "RECLAIMED
WATER", TO PROVIDE FOR GUIDE·
LINES REGARDI'JG THE USE OF AND
CONNECTION TO RECLAIMEO
WATER AND SETTING RATES FOR
SUCH USE, AMENDING SECTION
5219. ''VEGETATION WATER
METERS", TO CLARIfY THE USE OF
VEGETATION WATER METERS VER-
SUS RECLAIMED WATER METERS,
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND
AN EFFECllVE DATE
ORDINANCE NO 3IHI5
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING CHAP-
TER 35, "EMPLOYEES POLICIES AND
BENéflTS", SUBHEADING "RETlRI'·
MENT PLAN", Of THE CODE OF ORDI·
'-.