Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 21. Utilities   
 Article V. Reclaimed Water System
  

  Article V. Reclaimed Water System  

§ 21-121. Intent.
Effective on Tuesday, November 1, 2022

It is the intent of the city to make reclaimed water available for irrigation purposes and other authorized uses within the Lake Wales Utility Service Area. The reclaimed water distribution system shall be constructed in sections to provide service to designated areas as determined by the city, pursuant to the terms and conditions set forth herein. It is further the intent of the city to establish a reclaimed water system which complies with the rules and regulations set forth by the Florida Department of Environmental Protection, which rules appear in Chapter 62-610, Florida Administrative Code.

(Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2022-48, § 1, 11-01-22)
§ 21-122. Definitions.
Latest version.

For the purposes of this article, the following words, terms or phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

Available shall mean that a functioning reclaimed water distribution main is located within one hundred (100) feet of the property to be serviced.

Backflow prevention device shall mean a device installed at the customer's potable water or reclaimed water meter to prevent the flow of any contaminated fluids into the public water system or reclaimed water system.

Billing shall mean the charge made for reclaimed water service. The charge may be made by a separate invoice or may be included on the monthly utility bill.

City shall mean the City of Lake Wales, Florida.

Commission shall mean the City Commission of the City of Lake Wales, Florida.

County shall mean Polk County, Florida.

Cross-connection shall mean any physical arrangement whereby a public potable water supply or reclaimed water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other waste, or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public potable water supply or reclaimed water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeable devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross-connections.

Customer shall mean the owner of the property being served.

Delivery points shall mean the points of connection of the city's reclaimed water system to the user's system.

Department shall mean the Utilities Department of the City of Lake Wales, Florida.

Director shall mean the Director of the City's Utilities Department or his/her designated representative.

Distribution mains shall mean those conduits used to supply reclaimed water service lines.

FAC shall mean the Florida Administrative Code, as amended from time to time.

F.S. shall mean Florida Statutes, as amended from time to time.

Irrigation system shall mean an underground system with permanently placed sprinkler devices or below-ground hose bibbs contained in a locked valve box. Above-ground hose bibbs (faucets) with hoses and sprinklers shall not constitute an irrigation system. Irrigation systems also include agricultural ditch and swale type systems and other conventional agricultural systems where applicable and as authorized by the director.

Non-potable water shall mean all water other than potable water.

Potable water shall mean water from any source which has been approved for human consumption by the public health authority having jurisdiction in the county.

Reclaimed water shall mean water that has received at least advanced secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility.

Reuse shall mean the deliberate application of reclaimed water, in compliance with Florida Department of Environmental Protection and Southwest Florida Water Management District rules, for a beneficial purpose.

Service line shall mean that conduit for reclaimed water from the distribution main to the property line.

Setback distances shall mean the setback distances between the wetted site area subject to land application of reclaimed water, and surface waters and potable water supply wells, as required by the provisions of Chapter 62-610, Florida Administrative Code, Rule 610.471.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-123. Authority to adopt rates, fees and charges.
Latest version.

The commission shall have the authority to establish rates, fees and charges for the reclaimed water system and to provide current terms and conditions for the payment and collection of same. Rates, fees, charges and conditions for payment shall be provided in Article VI of this chapter.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-124. Determination of property to be served.
Effective on Tuesday, November 1, 2022

(a) Designated service areas. The city shall determine priorities for reclaimed water distribution pipelines and their extensions and designate reclaimed water service areas within the boundaries of the Lake Wales Utility Service Area in a manner consistent with its Wastewater Facility Plan, Comprehensive Plan, Five-Year Capital Improvements Plan, and other applicable planning documents adopted by the commission. The designated reclaimed water service area shall be all land within the Lake Wales Utility Service Area.

(b) Service outside the Lake Wales Utility Service Area. Reclaimed water service may be provided to property outside the Lake Wales Utility Service Area. Such service will be extended on an actual cost basis and may include service to a governmental entity. All applications for service outside the Lake Wales Utility Service Area shall be reviewed by the city, and such service shall be approved only if an adequate supply of reclaimed water is and will be available to meet all anticipated needs within the Lake Wales Utility Service Area. The director shall review and approve all service line sizes and all other necessary design components. Final approval of reclaimed water service outside the Lake Wales Utility Service Area must be granted by the commission.

(c) Availability of service. The existence of a reclaimed water main adjacent to or near the premises of an applicant for service does not necessarily mean that service is available to that location. The director shall make a determination of reclaimed water availability based on total system demand, specific transmission/distribution capabilities within the subject project area, and the estimated cost of providing reclaimed water service to the subject project area. No service taps will be made to reclaimed water transmission mains larger than twenty-four (24) inches in diameter unless specifically approved by the director. Service in areas where only transmission mains exist will require installation of a distribution main, or approval on a case-by-case basis by the director for a service tap.

(d) Right to service. No payment of any costs, submittal of any application or petition, or undertaking of 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 system, inadequate supply of reclaimed water, lack of payment of required fees, or for any other reason which, in the judgement of the director, will cause the extension not to be beneficial to the city.

(Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2004-09, § 1, 5-18-04; Ord. No. 2022-48, § 1, 11-01-22)
§ 21-125. Extension of reclaimed water service within designated service areas.
Effective on Tuesday, November 1, 2022

(a) Where service is available. Customers in designated reclaimed water service areas may connect to the reclaimed water system when service is available and upon submission and approval of an application for service and compliance with all other city requirements. A reclaimed water customer with an average daily consumption that will exceed one hundred thousand (100,000) gallons per day or a reclaimed water customer using a master meter to irrigate a golf course, shopping center, subdivision, multi-family complex, or other development area or a reclaimed water customer irrigating a property that exceeds five (5) acres in size shall, in lieu of an application for service, execute a reclaimed water use agreement with the city specifying terms and conditions of reclaimed water service.

(b) Where service is not available. Property owners in designated water service areas where service is not yet available shall petition the city on an appropriate form obtained from the department. This initial petition shall represent an expression of interest by the property owners and shall not constitute a binding commitment.

(1) Upon receipt of a petition from property owners in seventy-five (75) percent of the project area, the city shall prepare a preliminary estimate of the cost to extend a pipeline to the area of the interested property owners and prepare a customer packet consisting of:

a. Formal petition cost estimate;

b. Voluntary lien agreement;

c. Application for reclaimed water service.

(2) If the estimated cost is agreeable to the property owner, the property owner shall execute a voluntary lien agreement and return it to the department. Upon the receipt of a valid voluntary lien agreement and application for service from seventy-five (75) percent of the property owners in the project area, a resolution prepared in accordance with the requirements of F.S. ch. 170, declaring a special assessment of all property owners in the property area shall be presented to the commission for action.

(3) Upon passage of the special assessment resolution, the department will design or cause to be designed a reclaimed water system for the approved project area and obtain bids to construct the project in accordance with the city's purchasing procedures.

(4) After bids are received, the director shall advise the petitioning property owners of any anticipated increase in the cost of extending the pipeline. Should the cost to extend the reclaimed water line exceed ten (10) percent of the initially estimated cost, each petitioning property owner shall have the right to withdraw the voluntary lien agreement before final approval of the project.

(5) If the best responsive bid to construct the reclaimed water system does not exceed ten (10) percent of the previously estimated cost or if the revised costs are acceptable to seventy-five (75) percent of the property owners and the voluntary lien agreements of seventy-five (75) percent of the property owners remain on record with the city, the commission may publish a preliminary assessment role that includes all property owners in the project area and hold a public hearing in accordance with F.S. ch. 170, for the purpose of giving final consideration to funding the project with special assessments. Following the public hearing, the commission may cancel the project or proceed to levy the special assessments. Thereafter, the commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments in accordance with F.S. ch. 170. When so equalized and approved by resolution of the commission, a final assessment role shall be filed with the city clerk and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assessments are made until paid. Following approval of the equalizing resolution, the commission may award the bid and authorize commencement of the project.

(6) After the project is completed, the city shall credit to each of the assessments the difference in the assessment as originally approved and the proportionate part of the actual cost of the project as finally determined. Said final assessment shall be calculated on the basis of capital cost to construct, less any state or federal aid received. In no event shall the final assessments exceed the amount of benefits originally assessed.

(7) The special assessment shall be payable at the time and in the manner stipulated in the resolution providing for the project. In accordance with F.S. § 170.09, the assessment shall bear interest at a rate not to exceed eight (8) percent per year, or, if improvement bonds are issued, at a rate not to exceed one (1) percent above the rate of interest at which the improvement bonds are issued. Assessments may be payable in equal installments over a period not to exceed thirty (30) years, and, if not paid when due, there shall be added a penalty at the rate of one (1) percent per month until paid. Assessments may be paid without interest at any time within thirty (30) days after connecting to the reclaimed water system.

(8) A claim of lien on behalf of the city will be filed by the city clerk for all assessments remaining unpaid at the end of thirty (30) days after connecting to the reclaimed water system.

(9) All actions taken in the process of funding an extension of reclaimed water service through special assessments shall comply with the requirements of F.S. ch. 170.

(c) Requirements for new development in designated service areas. All developers of new residential and commercial projects in a reclaimed water service area as designated in section 21-124 shall be required to construct in accordance with section 21-128 such lines, appurtenances, or facilities as will be necessary to utilize reclaimed water for irrigation purposes. All requirements provided in section 21-4 for construction of utility lines and other additions to the system shall pertain to the reclaimed water system. Such reclaimed water lines (or dry lines in the event reclaimed water service is not then presently available at the time of the issuance of a certificate of occupancy or completion) shall be installed in such a manner as to provide service to the entire property of the development, and the main lines shall be extended across the total property frontage to facilitate future extensions. These lines shall be installed during the initial placement of other required infrastructure items and prior to issuance of a certificate of occupancy or completion or use for the specific site or development. The cost of installing this system shall be borne by the developer. The city shall retain the right, at all times, to refuse or delay extension of service on the basis of inadequate supply of reclaimed water or for any other reason which, in the judgement of the director, will cause the extension not to be beneficial to the city.

(d) Liability for permits. The city shall obtain and fulfill, at its expense, all necessary permits and approvals for the construction and operation of the reclaimed water distribution mains constituting the city's reclaimed water system. Once service is available, any additional permits or approvals required for service to any particular customer, for the customer's benefit, shall be obtained at the sole expense of said customer.

(Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2004-09, § 1, 5-18-04; Ord. No. 2022-48, § 1, 11-01-22)
§ 21-126. Requirements for reclaimed water service applicants.
Latest version.

(a) Application. Reclaimed water service shall be applied for in the utilities department by completing and signing an application form and hold harmless agreement. New customers applying for an initial connection in a project area funded by a special assessment shall also sign a voluntary lien agreement.

(b) Dimensional plan. Applications for all reclaimed water service within any right-of-way maintained by the city, county, or state shall include a dimensional plan showing the location of the requested service line and delivery point relative to the nearest street intersection, etc., as required by the city, the county, or the state department of transportation.

(c) Irrigation system. Before any application for reclaimed water service will be approved, the customer must have a suitable irrigation system. The irrigation system to be provided by the customer shall consist of an underground system with permanently placed sprinkler devices or below-ground hose-bibbs contained in a locked valve box. No system with a cross-connection to the potable water system will be considered for connection to the reclaimed water system. The system shall not include above-ground faucets or other devices or connections that could permit reclaimed water to be used for any purpose other than irrigation, unless such uses and system have been approved in writing by the director. All new irrigation systems constructed in areas where the city has determined to make reclaimed water available shall be constructed in accordance with Chapter 62-610, Florida Administrative Code. The customer shall provide the city with an irrigation system plan consisting of a schematic drawing of the irrigation system before receiving service. Temporary systems will not be considered for connection.

(d) Easement. An applicant for reclaimed water service to a site which does not have public access shall grant perpetual easements to the city for reclaimed water distribution facilities as required to provide reclaimed water service. Said easements shall be in a form acceptable to the city attorney and shall be submitted to the city with the application for service.

(e) Flow meter. All reclaimed water customers shall be required to utilize an appropriate sized flow meter. All meters for the reclaimed water system will be installed and owned by the city. An estimate for the cost of the meter and installation fees will be prepared by the department in accordance with section 21-161 and submitted to the applicant for payment prior to installation.

(f) Cross-connection control. On all premises where reclaimed water service is provided, the public or private potable water supply shall be protected by an approved backflow prevention device.

(1) All devices and material installed for backflow prevention must be approved by the director and must be installed in accordance with city standards. Where any cross-connection is found, it shall be disconnected. Before re-connection of that service, the public potable water system shall be protected against the possibility of future cross-connections, and additional devices may be required as specified by the director and installed at the customer's expense.

(2) All reclaimed water service serving commercial or industrial customers shall have a double check valve assembly approved by the director.

(3) Reclaimed water customers shall bear all costs of installation, testing, and maintenance of the protection device.

(g) Restricted use agreement. All applicants for reclaimed water service shall be required to sign a restricted use agreement prior to approval of the application and comply with the following:

(1) Use of reclaimed water shall be limited to irrigation of turf grass, shrubbery, ornamental plants, trees, bedding materials, potted plants, controlled containment areas such as greenhouses used for the purpose of cultivating ornamental plant vegetation and ornamental plant germination beds.

(2) Reclaimed water shall not be allowed to enter a dwelling or commercial unit for toilet flushing or other household uses.

(3) Reclaimed water shall not be used for human or animal consumption, interconnecting with another water source, sprinkling of edible crops or gardens, body contact recreation, use through hose bibbs, faucets, quick couplers, etc., filling of swimming pools, sharing a reclaimed service or connection between properties, augmenting lake or pond levels, filling of decorative ponds or fountains, supplying air cooling systems, or washing of equipment such as cars, boats, driveways, roofs, structures, etc.

(4) Reclaimed water shall not be permitted to discharge off-site, either directly or through a stormwater drainage system.

(5) Reclaimed water shall not be sold, bartered, traded, or otherwise transferred to any other person or entity without written authorization of the city.

(6) Any violation of the restricted use agreement shall result in immediate discontinuation of reclaimed water service and subject to penalties provided in section 21-131

(h) Inspections. To determine the presence of any potential hazards to the public potable water system and for the purposes of perpetual maintenance and repair of reclaimed water system appurtenances, the city shall have the right to enter upon the premises of any customer receiving reclaimed water. Each customer of reclaimed water service shall, by application, give written consent to such entry.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-127. Discontinuation and interruption of service.
Latest version.

(a) Discontinuation of service by city. The city may discontinue reclaimed water service to any customer due to a violation of the terms of this chapter or any other city regulation, nonpayment of bills, tampering with any service, plumbing of cross-connections with another water source, or the undertaking of any other activity that may be detrimental to the system. The city has the right to cease service until the condition is corrected and all costs due to the city are paid. These costs may include delinquent billings, connection charges, and payment for any damages to the system. Where the violation endangers the public health or safety of the public or customer, the reclaimed water service shall be subject to immediate discontinuation without prior written or verbal notice. Should discontinued service be restored without authorization of the city, such restoration shall be deemed a violation of the provisions of this chapter and shall incur penalties as provided in section 21-131

(b) Discontinuation and reinstatement of service by customer. A request to discontinue service must be received by the department at least two (2) business days prior to discontinuation. Service may be reinstated by a customer upon application for reinstatement and payment of any past due charges on the account. A request for reinstatement of service must be received by the department at least two (2) business days prior to reinstatement.

(c) Service interruption. The city reserves the right to temporarily interrupt service without notice to any portion of the reclaimed water system or the entire reclaimed water system as deemed necessary by the director. 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 demands on the system and to regulate usage during periods of limited reclaimed water availability.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-128. Requirements for reclaimed water facilities.
Effective on Tuesday, November 1, 2022

(a) Application for construction of reclaimed water extensions. An application for construction of reclaimed water extensions shall be submitted to the city and approved by the director prior to construction.

(b) Construction specifications.

(1) Pipe, including color and labeling, shall meet or exceed standards set by the Florida Department of Environmental Protection and standards of the American Water Works Association.

(2) Pipe mains shall be a minimum of six (6) inches in diameter with the following exceptions:

a. Four-inch mains. Mains that are four (4) inches in diameter will only be allowed by approval of the director, and in no case will be allowed for any extension serving more than five (5) domestic customers on a cul-de-sac or two (2) domestic customers on a line that is looped. Four-inch mains shall be connected at each end to a main that is six (6) inches or larger in diameter. A four-inch main shall be looped to a main six (6) inches or larger in diameter in a cul-de-sac.

b. Service lines. Service line pipe size shall be required in accordance with the type or size of property served, but in no case shall be less than one (1) inch in diameter.

(3) Mains in the public rights-of-way shall be located a uniform distance from the curb, and the location shall be approved by the director.

(4) Vertical and horizontal clearances from potable water lines and sewage collection lines shall be as specified in the applicable Florida Department of Environmental Protection rules.

(5) All valves and outlets shall be placed in tamper-proof boxes and appropriately tagged or labeled to warn the public and employees that the water is not intended for drinking.

(6) Where irrigation mains are to be turned over to the city, the customer shall submit such documents as are normally required for the dedication of public facilities.

(7) "As-built" drawings shall be submitted to the department upon completion of the irrigation system.

(c) Fire protection. Hydrants shall be installed on mains constructed at such locations as deemed appropriate by the director for purposes of flushing the reclaimed water system to maintain water quality and may be used as an auxiliary source of water for fire protection. The pressure and/or volume of reclaimed water through a reclaimed water hydrant is not guaranteed.

(d) Common service lines. The director shall have the authority to approve one (1) service line to connect two (2) or more customers when sufficient capacity is available. In these cases, each customer shall pay the full connection charge. Common service lines will be sized to provide adequate service to each customer serviced.

(e) Acceptance of facilities by city.

(1) Public easement required. For reclaimed water lines and appurtenances which are initially installed by a person or entity other than the city, said lines and appurtenances shall not be accepted by the city for maintenance unless the facilities are within a dedicated public right-of-way or easement and the facilities are determined by the director to be in good working order. Any new easement or licensed or permitted area shall be adequately sized to accommodate construction and maintenance of any reclaimed water system component. No obstruction of whatever kind shall be planted, built, or otherwise created within the limits of the easement, right-of-way or licensed or permitted area without the written permission of the director.

(2) Ownership by city. All reclaimed water facilities and appurtenances within dedicated public rights-of-way or easements when constructed or accepted by the city shall become and remain the property of the city. No applicant or customer shall by payment of any charges provided herein, or by causing any construction of facilities accepted by the city, acquire any interest or right in any of these facilities or portions thereof, other than the privilege of having their property connected thereto for reclaimed water service in accordance with this article.

(3) Maintenance by city. All facilities that have been accepted by the city shall become the property of the city and shall be operated, maintained and repaired by the city. No person shall perform any work nor be reimbursed for any work on the system unless written authorization from the city is received prior to the work being accomplished.

(4) Liability for system failure. 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 system that is beyond the control of normal maintenance or due to situations not previously reported to the department. This shall include damage due to breaking of the pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the system, faulty operation of fire protection facilities, or other reasons.

(f) Maintenance by customer. The customer shall be responsible for the maintenance and repair of all irrigation lines and appurtenances on the customer's property, unless said facilities are located within land previously conveyed to the city or land in which the city has issued a license or permit to operate such facilities. The city reserves the right to disconnect the service to any property when the irrigation system appurtenances are not properly maintained or fail to meet the requirements of Chapter 62-610, Florida Administrative Code. 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, the customer shall be responsible for the necessary devices to make these adjustments and for obtaining the approval of the director.

(Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2022-48, § 1, 11-01-22)
§ 21-129. Authority to enter into and execute a reclaimed water use agreement.
Latest version.

The commission hereby grants authority to the city manager to enter into and execute on behalf of the city a reclaimed water use agreement for any property located within the Lake Wales Utility Service Area.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-130. Appeals to the commission.
Latest version.

Any refusal by the city manager to grant service to an applicant shall be appealable to the commission. However, said appeal must be filed with the city clerk within fourteen (14) days of the date of the decision.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-131. Penalties.
Latest version.

Every person convicted of a violation of any particular provision of this article shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense. In addition, said provisions may be enforced by the city in accordance with Chapter 12, Lake Wales Code of Ordinances. In addition, the city may enjoin or abate any violation of this article by appropriate legal action.

(Ord. No. 2001-06, § 1, 5-15-01)
§ 21-132. Adoption of Chapter 62-610, FAC.
Latest version.

The rules and regulations appearing in Chapter 62-610, Florida Administrative Code, as may be amended from time to time, are hereby adopted by reference as though fully set forth within this article. In the event of any variation between the provisions of Chapter 62-610, FAC, and the provisions of this article, the more strict provision shall prevail.

(Ord. No. 2001-06, § 1, 5-15-01)