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HomeMy WebLinkAboutEC 93-01® ~ ~ . Y ~ _ 1 1 i 7 AN ORDINANCE OF ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD TO PROVIDE FOR THE MANDATORY CONNECTION OF ON-SITE SEWAGE DISPOSAL SYSTEMS ON HUTCHINSON ISLAND TO PUBLICLY OWNED OR INVESTOR OWNED WASTEWATER COLLECTION SYSTEMS AFTER NOTICE THAT SUCH A SYSTEM~IS AVAILABLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN ADMINISTRATIVE WAIVER OF THE MANDATORY CONNECTION; PROVIDING FOR PENALTIES FOR. VIOLATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Article VIII, Section 1 of the Florida Constitution provides that counties shall have all powers of local self r ORDINANCE NO. EC-93-O1 government including government, corporate, and proprietary powers to enable them to conduct county government, perform county functions, and render county services, and may exercise any such powers for county purposes for health, safety, or welfare of its citizens not inconsistent with general or special law; and, 2. The Board has previously adopted a Comprehensive Plan which incorporates the valid state and federal law objectives, which include, respectively, re-use of treated sewage effluent for groundwater recharge purposes and the elimination of as many source points of pollution as possible, as is mandated by federal public law 82-500, and this ordinance is in furtherance thereof; and, Et~:~a]: thresh passages are deleted. Underlined passages are added. -1- xi ~] c., m ~• o n ~~ oc~~ n ~ azm a~ro o ~ n ~ o a .c • ~ i N ,.-' f" ~ n 'N~ ~ m w~n x ~o ~~~+, N w~~ ~~c~ ~ ~ ~• ~ n • n o~ ~ ~• rt an 00 xG n rt Di ~w W '~ ~r ~• bro ~n ~o ~fi Q1 01 ,\ ,. ~..1.:r ~~ ~ ' ~. ~ ~. w • 3. The Florida Legislature enacted the Indian River Lagoon Act in 1990 (Chapter 90-262, Laws of Florida) which requires the County to enact regulations to eliminate pollution discharges to the Indian River Lagoon and requires the State of Florida Department of Environmental Regulation to identify areas served by package wastewater treatment plants which are considered to be threats to the water qualify of the Indian River Lagoon system; and, 4. The State of Florida Department of Environmental Regulation has prepared a report dated July 1, 1991 titled "Indian River Lagoon System Water Quality Threats from Package Wastewater Treatment Plants" in which the Department has listed wastewater treatment plants which it considers to be threats to the Indian River Lagoon System; and, 5. Package sewage treatment plants and use of septic tanks in certain areas pose a continuing threat to the water quality of the Indian River Lagoon System; and, 6. The Board of County Commissioners of St. Lucie County, Florida, recognizes that County currently has, and, unless regulated by the Board, will continue to have iri the foreseeable future, package sewage treatment plants on Hutchinson Island which affect the continued protection, planning, and management of the Indian River Lagoon; and, O 0 0 x ro c~ r~ 0 Ot J £'~~uele *~~:ra~~r passages are deleted. Underlined passages are added. -2- •c~ t ' ` ~ ` 7. The Board desires to encourage the re-use of treated wastewater and to prevent the increasing degradation of the Indian River Lagoon, by. both surface and ground waters, which results in a lower quality of life and potentially substantial increases in cost for water and sewerage services in the future, and to. protect and provide for the continued health, safety, and welfare of the citizens of St. Lucie County; and, 8. The Board recognizes that in the general interest of the public and to promote the general health and welfare of said public, it is necessary to encourage the use of publicly owned or investor-owned sewerage systems and to minimize the use of on-site sewage disposal systems on Hutchinson Island; and, 9. On February 25, 1993, the St. Lucie County Local Planning Agency voted 8-0 to determine that the proposed Ordinance is consistent with the St. Lucie County Comprehensive Plan; and, 10. On March 11, 1993, the Board held the first public hearing on the proposed Ordinance after publishing notice of the hearing in the Tribune and the Port St. Lucie News; and, 11. On March 25, 1993, the Board held the second public hearing after publishing notice in the Tribune and the Port St . Lucie News and determined to adopt the proposed Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A ARTICLE III OF CHAPTER 1-7.6 "ENVIRONMENTAL- CONTROL" "MANDATORY CONNECTION •- ON-SITE SEWAGE DISPOSAL SYSTEMS - HUTCHINSON ISLAND" IS CREATED AS FOLLOWS: 0 0 0 x~. 0 W.~ J b ~. J Q1 Ctri~r3e t ter} passages are deleted. Underlined passages are added. -3- . ,~ . .. ~, • Section 1-7.6-40 DEFINITIONS (1) "Continuous Compliance" shall mean that the On-Site Sewage Disposal System has not at any time during the preceding 12 months before the notification by mail or by publication, as referenced in Section 1-7.6-41 of this Ordinance, been out of compliance with or in violation of any rule, order, statute, ordinance or.regulation relating to the operation and .maintenance of the On-site Sewage Disposal System promulgated by any regulatory agency or governmental authority having jurisdiction over that system. Any On-Site Sewage Disposal System that the State of Florida Department of Environmental Regulation has publicly reported poses a water quality threat to the Indian River Lagoon System shall be deemed not to be in continuous compliance. If an equipment malfunction occurs due to no fault of the system operator that causes a transitory or temporary violation which is forthwith repaired by the operator of any such system, such malfunction shall not be deemed or construed to cause the system to be out of "continuous compliance" for the purposes of Section 1-7.6-41. (2) "On-site Sewage Disposal System" shall mean any sewage treatment and/or disposal facility not equipped for and not treating and disposing of all of its effluent for re-use on its own premises, whether serving individual buildings or units, or several buildings or units, which treats or disposes of human body or household type wastes. Such systems include, but are not limited to, standard septic tank systems, laundry wastewater systems, and O b7 O 0 x w ro c~ r~ J 01 ,~truE)~ t`:rsa~ passages are deleted. Underlined passages are added. -4- • • individual on-site sewage treatment plants which are installed or proposed to be installed on land of the owner or on other land to which the owner or owners have the legal right to install a system and which primarily serves or proposes to serve the owner's property or development. Section 1-7.6-41 MANDATORY HOOKUPS FOR EXISTING ON-SITE SEWAGE DISPOSAL SYSTEMS ON HUTCHINSON ISLAND TO CENTRAL SEWERAGE SYSTEMS Except as provided in Section 1-7.6-43, each existing On-Site Sewage Disposal System on Hutchinson Island in St. Lucie County, (except approved on-site reclaimed water systems developed under the provisions of law and administrative rules), shall connect to a governmental or governmentally approved and certificated central wastewater collection system (System) within 90 days after notification by mail or by publication that such a System's collection lines, force mains or lift stations have been installed immediately adjoining or across a public easement or right-of-way which abuts the property served by the On-Site Sewage Disposal System or is within 200 feet of the property. Upon such connection to a central System, the owner or party in control of such On-Site Sewage Disposal System shall cease to use it or any other non- central system method for the disposal of sewage, sewage waste, or other polluting matter. All such connections shall be made in accordance with the applicable rules and regulations then pertaining for such connection, which rules and regulations may provide for, among other things, a connection charge, a service 0 z m 0 0 x w ~o G~ £}rue3c t~ea7h passages are deleted. Underlined passages are added. -5- ~, .1 ~~. • s O availability charge or an impact fee and an accrued guarantee ~° 0 0 revenue fee, in such reasonable amounts as shall be determined by x the appropriate authority and pursuant to applicable law. 0 On-Site Sewage Disposal Systems other than standard septic (~ tank systems shall be exempt from this section for as long as such ~ a system has maintained or maintains Continuous Compliance with all ~ c~ rules,-orders, statutes, ordinances and/or regulations, relating to ~ the operation and maintenance of the On-Site Sewage Disposal System ~ facility, of any regulatory agency or governmental authority.having ~ jurisdiction over that facility. N The Board of County Commissioners of St. Lucie County shall be the final administrative decision-making body with respect to all issues relating to the mandatory sewer connections pursuant to the terms and conditions of this Ordinance. Section 1-7.6-42: PROHIBITION OF CONSTRUCTION OF ON-SITE SEWAGE DISPOSAL SYSTEMS After April 1., 1993, no On-Site Sewage Disposal System shall be constructed on Hutchinson Island in St. Lucie County umless the Community Development Administrator grants an administrative waiver as provided in Section 1-7.6-43. Section 1-7.6-43 ADMINISTRATIVE WAIVER The requirement_of mandatory connection for a particular On- I Site Sewage Disposal System or the prohibition of construction of a particular On-Site Sewage Disposal System as set forth above shall be waived administratively by the Community Development Administrator if the Administrator determines in a written order B-tr~:e;e t::rs::g~ passages are deleted. Underlined passages are added. -6- ~• - ' ~ .'1 that such connection should not then be required. Any such waiver shall be based only on a finding that the central wastewater System does not have sufficient capacity to serve the additional demand of that particular On-Site Sewage Disposal System or on a finding that a proposed On-Site Disposal System is more than 200 feet from a central wastewater System's collection line. Any person requesting a waiver as provided herein, who disagrees with the .decision of the Community Development Administrator may appeal the decision to the Board of County Commissioners by filing a written request with the County Administrator within fifteen (15) days of the date of the Community Development Administrator's decision. Any waiver granted shall be conditioned upon the written consent of the owners of the system to connect to a central wastewater System which has sufficient capacity within ninety (90) days after the central System's collection lines have been installed immediately adjoining or across a public street or is within 200 feet from the property served by the On-Site Sewage Disposal System. Section 1-7.6-44: PENALTIES; ENFORCEMENT Any person violating the provisions of this Ordinance shall be subject to penalties and enforcement proceedings of the St. .Lucie County Environmental Control Hearing Board set out in Section 11.13.02 of the St. Lucie County Land Development Code. In addition, compliance with the terms of this Ordinance may be enforced by injunction or otherwise in a court of law having jurisdiction over such matter. 0 m 0 0 x w J ro t~ J N Etrha3t t:~r~4~r passages are deleted. Underlined passages are added. -~- PART 8: SEVERABILITY If any section, subsection, sentence, clause, or phrase or if any portion of this Ordinance is found for any reason to be invalid, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and distinct, an independent provision, and such holding shall not affect the validity of any remaining portions thereof. PART C: EFFECTIVE DATE The provisions of this Ordinance shall become effective on April 1, 1993. PART D: CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E: FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. O 0 0 x 0 J ro tai £trsa:~ thr~s~k passages are deleted. Underlined passages are added. -8- PART F: ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice Chairman Denny Green AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn ABSENT PART G: CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. O m 0 0 x b 0 PASSED AND DULY ENACTED this 25th day of March, 1993. •:-yr:~ ATTEST: ~~~~~~ DLputy Clerk ~~ I)~ f c `~'1 3~ ~ ~w .~ . Y i ~d;ii~~ e t ~ •••~oo r,~ z~~~•' ~e- ha~C~F COU~1`; i ,F~r~ - .;~ -- ST. LUCIE COUNTY ENVIRONMF~4L~A_L ~`~•.;~-•.- CONTROL BOARD - ~ %'-~-`' ~~'=~`- .'-" - ~ -a ~. ` a APPROVE ASS TO * FORM' ANDS ~ J ~ . t /~ ~- - . ~ ~~i" r ., . - - County Pit~ar" ey-_: - -~ ~~~:- Etrssl~ t::rc5g-k passages are deleted. added. -9- Underlined passages are