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 Islamorada
 Code of Ordinances
 Chapter 62. UTILITIES
 Article I. IN GENERAL

§ 62-1. Connection to wastewater system required.  

Latest version.

  • (a)

    Adoption. Pursuant to the provisions of F.S. § 381.0065, F.S. § 381.00655, and Laws of Fla. ch. 99-395, § 4, the Village's home rule powers and other applicable laws, the Village adopts this section.

    (b)

    Definitions. Other than as set forth specifically herein, the definitions set forth in F.S. § 381.0065 are incorporated herein and made a part of this section.

    Onsite sewage treatment and disposal system means a system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; a sanitary pit privy that is installed or proposed to be installed beyond the building on land of the owner or on other land to which the owner has the legal right to install a system, including those facilities in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal or any wastewater treatment facility permitted for operation by the Florida Department of Health or its successor in function.

    Package sewage treatment facility means a facility which is subject to regulation by the Florida Department of Environmental Protection or its successor in function (the "department"). Pursuant to Rule Chapter 62-620 of the Florida Administrative Code (as may be amended from time to time), including those facilities in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal or any wastewater treatment facility permitted for operation by the department.

    (c)

    Applicability. This section applies to all owners and users of on-site sewage treatment and disposal systems and package sewage treatment facilities (collectively referred to as "owner" or "owners") and all lot owners within the municipal boundaries of the village.

    (d)

    Mandatory connection. Within 180 days of the date that the village notifies an owner that the village's utility system is available for connection, such owner must connect the on-site sewage treatment and disposal system, package sewage treatment facility or the owner's building plumbing to the village's utility system. Each owner so notified shall be automatically deemed a customer of the village's utility system on the 31st day after notification, whether the owner has complied with the requirement to connect to the village's utility system or not. Upon the date that an owner becomes a customer of the village's utility system, the owner shall be subject to the village's utility system rate tariff, to be adopted and amended from time to time by the village.

    (e)

    Conditions for issuance of building permits. Each lot owner within the village shall connect to the village's utility system, if available, as a condition of obtaining a building permit for construction on the lot owner's lot. Such lot owner shall become a customer of the village's utility system upon connection of the lot owner's plumbing system to the village's utility system. If the village's utility system is not available to a given lot and the lot owner constructs an on-site wastewater treatment and disposal system, such lot owner shall then be considered an owner subject to the availability provisions of subsection (d) of this section.

    (f)

    Deferral for certain facilities. Notwithstanding the foregoing, in the event: (a) an owner of a package sewage treatment facility is a party to an agreement between the village and the department, and (b) such agreement requires a date certain for the village to provide the owner connection availability to the village's utility system, and (c) the village does not meet its date certain requirement as set forth in such order or agreement; the owner may request approval from the village to defer connection in advance of providing upgrades to the package sewage treatment facility. In the event the owner receives such approval and subsequently upgrades the package sewage treatment facility so as to comply with the requirements of Chapter 99-395 Laws of Florida in order to avoid an administrative penalty by the department and the owner provides reasonable evidence thereof to the village; the village shall provide the owner written approval to defer connection of that package sewage treatment facility to the village's utility system for a period of no more than five years from the date notice of connection availability is provided to the owner.

(Ord. No. 03-01, §§ 1—4, 1-9-2003; Ord. No. 08-11, § 2, 12-18-2008; Ord. No. 09-18, § 2, 10-8-2009)