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2023-01-26 II. 1. Mandatory Connection - Regulations L J� • Okeechobee County Board of County Commissioners 304 NW 2nd Street Department:Administration • Okeechobee, FL 34972 Category:General Business /. . Prepared By:Tracy Rowland SCHEDULED Initiator: Deborah Manzo ACTION ITEM (ID # 9145) SUBJECT: DISCUSSION: MANDATORY CONNECTION TO WATER AND SEWER UTILITIES - REGULATIONS MEETING: Workshop January 26, 2023 FINANCIAL IMPACT: na REQUESTED ACTION: That the Board of County Commissioners, City Council Members and Okeechobee Utility Authority Board discuss and review the current codes regarding mandatory connection to water and sewer utilities. BACKGROUND: This agenda item is to discuss the requirements for mandatory connections to water and sewer utilities within the County, City and OUA. Mandatory Connections: 1. Okeechobee County - Land Development Regulations Code 7.06.07 A.2. Utilities states that connection to a public supply potable system and/or public supply sewer system shall be required (emphasis added) when such system is available. A system is available when it is capable of being connected to the plumbing of a residence or establishment, is not under a moratorium, has adequate permitted capacity to provide the services and: a. For a single family lot or residence, or an establishment with an estimated flow of 1,000 gallons per day or less, a potable water line or a gravity sewer line or low pressure or vacuum sewage collection line exists in a public easement or right-of-way that abuts the property line; b. For all other structures or uses, when a potable water system and/or sewage system is reasonably near the existing or proposed development. NOTE: Okeechobee County staff will present to the BOCC for consideration a revised draft ordinance in February which will provide updates to potable water and/or sewer system. 2. Okeechobee City - Comprehensive Plan and Land Development Regulations Code 58- Utilities: Sec. 58-72. - Use of public sewers required. a. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the 201 facilities planning area, any human or animal excrement, garbage or other objectionable waste. Page 1 Action Item (ID # 9145) Meeting of January 26, 2023 b. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage except where suitable treatment has been provided in accordance with the provisions of this article. c. Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. All private means of sewage disposal shall be removed at the expense of the owner. d. Flush toilets shall be required within the 201 facilities planning area in all houses, buildings or structures used for human occupancy, employment, recreation or other purposes and such flush toilets shall be connected within 90 days, after receiving official notice from the city, to the public sanitary sewer at the owner's expense; subject, however, to the following exceptions and limitations: If such house, building or structure is not situated on property abutting a street, alley or road right-of-way wherein there is located a public sanitary sewer or if such property is not within 100 feet of such public sanitary sewer, such connections shall not be required; and further if the connection of such house, building or structure requires unusual and costly plumbing such as a lift station, force main or similar plumbing facilities, then no connection shall be required. 3. F.S. 381.00655 states that connection shall be made within 365 days of notification of availability. 4. OUA Connection Regulations: a. OUA Policy is to bill the non-connected account the monthly wastewater base charge as if they were connected, no volumetric charge. b. Current OUA policy for FY23 has lowered the actual water and wastewater connections fees by 75% for a single family residential unit. o Water Water meter installation $266 Water Capital Connection Charge $431 o Wastewater Wastewater 4" Lateral Connection $555 Wastewater Capital Connection Charge $838 o Deposit, Water& Wastewater $227 c. Projects: o Provide written notice (by U.S. Mail to property owner) of pending project o Once project has been bid, construction start time and end time is known, send written notice (by certified mail to property owner) of the project time, requirement to connect, OUA cost to connect by property owner and possible OUA financing) o Once project has been completed, send written notice (certified mail to property owner) of the completion of the project, advising that they are required to connect within 12 months, current OUA cost to connect and possible OUA financing. Page 2 Action Item (ID #9145) Meeting of January 26, 2023 COMPLIANCE: Other options for complying with connections are: a. OUA may file Claims of Lien on those properties that did not connect. - b. Code Enforcement process initiated on those properties by the county and/or city t once OUA notifies the county and/or city that letters have been mailed to non-compliant property owners advising them that their 12 month period has expired. ATTACHMENTS: • Okeechobee County Code Article VII - 7.06.07 -A.2 Utilitied (PDF) • City Code Chapter 58 - UTILITIES (PDF) • F.S. 381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage (PDF) Page 3 1/12/23,3:06 PM Article VII-DEVELOP T DESIGN AND IMPROVEMENT STANDARDS i C f Ordinances I Okeechobee County, FL I Muni... 7.06.07. - Utilities. A. Public central potable water and/or sewage system. 1. Where it is proposed to install a public central water and/or sewage disposal system, the following shall be required in addition to all other provisions of this Code: a. Submission to the Florida Department of Environmental Regulation (FDER) and Health Department (HRS) of acceptable plans of the water and/or sewage disposal system which shall include the method of disposal of sewage effluent. b. Final plan approval and approval number of the water and/or sewage disposal system by the FDER and HRS. c. Construction in accordance with plans approved by the county engineer to be consistent with any present or intended public water or sewage disposal system. d. Dedication of such easements as will allow access for maintenance and operation of such system in the event the county assumes operation or control. e. An agreement to dedicate the system to the county upon request by the county. 2. Connection to a public supply potable system and/or a public supply sewer system shall be required when such system is available.A system is available when it is capable of being connected to the plumbing of a residence or establishment, is not under a moratorium, has adequate permitted capacity to provide the service, and a. For a single-fam lot or residence, or an establishment with an estimated flow of 1,000 gallons per day or less, a potable water line or a gravity sewer line or low pressure or vacuum sewage collection line exists in a public easement or right-of- way that abuts the property line; b. For all other structures or uses, when a potable water system and/or sewerage system is reasonably near the existing or proposed development. B. Electricity, telephone, cable and other utilities. In new subdivisions, electric and telephone utilities shall be installed and electric, telephone, cable and other utilities that are installed shall be located underground. C. Essential services. Essential services shall be permitted in any district. Essential services are hereby defined to include and be limited to water, sewer, gas, telephone, and electrical systems, including sub-stations, lift stations, and similar installations necessary for the performance of these services; provided, however, that this subsection shall not be deemed to permit the location in a district of such establishments as electric or gas generating plants, sewage treatment plants, or water pumping or water aeration facilities from which they would otherwise be barred; and provided further that this subsection shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would be otherwise barred. Under this subsection, where structures are involved, such structures shall conform insofar as possible to the character of the district as to architecture and landscaping. (Ord. No. 2005-12, § 2(Exh.A), 7-28-05) https://library.municode.com/fl/okeechobee_county/codes/code_of ordinances?nodeld=PTIILADERE ARTVIIDEDEIMST_7.06.00STMA_7.06.07UT 1/1 Code of Ordinances q Okeechobee, Florida -Code of Ordinan... i PART II -CODE OF ORDINANCES i Chapter 58- UTILITIES - -m 4 Q Okeechobee, FL Code of Ordinances CITY OF OKEECHOBEE, FLORIDA CODE OF ORDINANCES SUPPLEMENT HISTORY TABLE modified PART I - CHARTER CHARTER COMPARATIVE TABLE ACTS CHARTER COMPARATIVE TABLE ORDINANCES v PART II -CODE OF ORDINANCES Subpart A- GENERAL ORDINANCES Chapter 1 - GENERAL PROVISIONS Chapter 2-ADMINISTRATION Chapter 6-ALCOHOLIC BEVERAGES Chapter 10 -ANIMALS Chapter 14- BUSINESSES Chapter 18 - CODE ENFORCEMENT Chapter 22 - COMMUNITY REDEVELOPMENT Chapter 26 - ELECTIONS Chapter 30- ENVIRONMENT Chapter 34- FIRE PROTECTION AND PREVENTION Chapter 38 - HUMAN RELATIONS Chapter 42 -SOLID WASTE Chapter 46 -STREETS AND SIDEWALKS Code of Oladir MP 50 -TAXATION .c Q Chapter 54-TRAFFIC AND VEHICLES v Chapter 58 - UTILITIES ARTICLE I. - IN GENERAL ARTICLE II. -WATER ARTICLE III. - SEWERS AND SEWAGE DISPOSAL Chapter 62 -VEHICLES FOR HIRE Subpart B - LAND DEVELOPMENT REGULATIONS Chapter 66- GENERAL PROVISIONS Chapter 70-ADMINISTRATION Chapter 74- CONCURRENCY MANAGEMENT SYSTEM Chapter 78 - DEVELOPMENT STANDARDS Chapter 82 - NATURAL RESOURCE PROTECTION Chapter 86 - SUBDIVISIONS Chapter 90-ZONING APPENDIX A-APPLICATION FORMS AND CONTENT REQUIREMENTS Amended APPENDIX B - INFORMATION REQUIRED ON APPLICATION FORMS APPENDIX C- SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES Amended modified APPENDIX D - CENTRAL BUSINESS DISTRICT BUILDING DESIGN GUIDELINES APPENDIX E - MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR CITY STREETS APPENDIX F- MAIN STREET MURALS AND VISUAL ARTS PROGRAM GUIDELINES APPENDIX G - MISCELLANEOUS FEES AND PROCEDURES CODE COMPARATIVE TABLE 1982 CODE CODE COMPARATIVE TABLE 1998 LAND DEVELOPMENT REGULATIONS Code of OrCmPARATIVE TABLE LAWS OF FLORIDA q CODE COMPARATIVE TABLE ORDINANCES modified STATE LAW REFERENCE TABLE < Sec. 54-194. - Schedule of civil penalties for parking violations. Chapter 62 -VEHICLES FOR HIRE > Chapter 58 - UTILITIES[1] Footnotes: ---(1)--- Cross reference—Administration, ch. 2;department of public works, §2-174;businesses, ch. 14;community redevelopment, ch. 22;environment, ch. 30;solid waste, ch. 42;streets and sidewalks, ch. 46;concurrency management system, ch. 74;development standards, ch. 78;utilities, § 78-71 et seq.;natural resource protection, ch. 82;utilities and service facilities, §82-124;subdivisions, ch. 86;zoning, ch. 90;communication towers and communication antennas, §90-601 et seq.;installation for inter-exchange telecommunications service and cable TV or other signal installation, app. E, ch. 8, § 1 et seq.;electric power installations, app. E, ch. 10, § 1 et seq. ARTICLE I. - IN GENERAL Secs. 58-1-58-30. - Reserved. • ARTICLE II. - WATER[2] Footnotes: ---(2)--- Cross reference—Fire hydrants, §34-2. Sec. 58-31. - Connections to fire hydrant for purposes other than fighting fires. (a) All connections to a fire hydrant for any purpose other than fighting fires must be approved by the director prior to the connection to the fire hydrant. (b) Before any connection is made to a fire hydrant, the person or company requesting the service through the fire hydrant must pay the appropriate fees, and the city will install a temporary meter on the fire hydrant. The applicant shall agree that such temporary service may be discontinued by the city forces at any time for emergency usage of the fire hydrant without any liability to the city whatsoever for such discontinuance of service. Code o ND,rchr�ancRs for this temporary water service delivered through a fire hydrant are Lied ithe rite resolution as adopted by the city council. (Code 1982, § 18-38) Sec. 58-32. - Billing for sole proprietor fire protection system. The city, through its utility department, shall bill monthly for a sole proprietor fire protection system. This service will include service to private sprinkler systems, hose cabinets, standpipes or any other device used exclusively for fire protection. The monthly charge for a sole proprietor fire protection system will be included on the monthly consolidated bill and will become part of the consolidated bill as defined in this article. The charges for a sole proprietor fire protection system is included in the rate resolution as adopted by the city council. (Code 1982, § 18-39) Sec. 58-33. - Watering privileges; restricted when necessary. The privilege of using the water supply for nonessential purposes on lawns, streets, gardens, washing of houses and cars and for purposes other than drinking water, may be restricted or curtailed during a water shortage emergency that would effect the city. It is the desire of the city council to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the water shortage plan during a water shortage or a water shortage emergency, as described in F.S. ch. 373. (Code 1982, § 18-42) Secs. 58-34-58-70. - Reserved. ARTICLE III. - SEWERS AND SEWAGE DISPOSAL Sec. 58-71. - Purpose, objectives and policy of article. (a) This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and environs and enables the area covered to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR 403). (b) The objectives of this article are to: (1) Prevent the introduction of pollutants into the areawide wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (2) Prevent the introduction of pollutants into the areawide wastewater system which will Code of Ordir�'ati rough the system, inadequately treated, into receiving waters or the atrgpsph6tre or otherwise be incompatible with the system; and (3) Improve the opportunity to recycle and reclaim wastewaters and sludge from the system. (Code 1982, § 18-60) Sec. 58-72. - Use of public sewers required. (a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the 201 facilities planning area, any human or animal excrement, garbage or other objectionable waste. (b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage except where suitable treatment has been provided in accordance with the provisions of this article. (c) Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. All private means of sewage disposal shall be removed at the expense of the owner. (d) Flush toilets shall be required within the 201 facilities planning area in all houses, buildings or structures used for human occupancy, employment, recreation or other purposes and such flush toilets shall be connected within 90 days, after receiving official notice from the city, to the public sanitary sewer at the owner's expense; subject, however, to the following exceptions and limitations: If such house, building or structure is not situated on property abutting a street, alley or road right-of-way wherein there is located a public sanitary sewer or if such property is not within 100 feet of such public sanitary sewer, such connections shall not be required; and further if the connection of such house, building or structure requires unusual and costly plumbing such as a lift station, force main or similar plumbing facilities, then no connection shall be required. (Code 1982, § 18-61(a)—(d)) Sec. 58-73. - Discharges to public sewers regulated. (a) Prohibited discharges to sanitary sewer. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted cooling water to any sanitary sewer and shall be subject to the penalties and costs for violation of any subsection of this section. (b) Discharges to storm drains and natural outlets. Stormwater and all unpolluted drainage shall be discharged to storm drains or to a natural outlet approved by the city public works department. Unpolluted industrial cooling water or unpolluted industrial process water may Code of O b6laftTed, on approval of the director of public works, to a storm drain or natal omelet. Within the unincorporated area of the 201 facilities planning area the county engineer shall approve such discharges. (c) Prohibited discharges to any public sewer. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or in interaction with other wastes, to injure or interface with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of 0.00 milligrams per liter as CN in the wastes as discharged to the public sewer. (3) Any waters or wastes having a pH lower than 6.0 or higher than 8.5 and having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer works. (4) Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewer works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc. (d) Limited discharges to public sewer. No person shall discharge or cause to be discharged to any public sewer the following described substances, materials, waters or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit(65 degrees Celsius) or a flashpoint lower than 180 degrees Fahrenheit(ASTM Open Cup). (2) Any waters or wastes containing fats, wax, grease or oil, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit(zero degrees and 65 Code of 0 rd AerWs sCelsius). Q (3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the building official. (4) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not. (5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the treatment plant exceeds the limits established by the federal, state or other public agency for such materials. (6) Any waters or wastes containing phenols or other odor producing substances in such concentrations exceeding limits which may be established by the director as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies having jurisdiction for such discharge to the receiving waters. (7) Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations. (8) Materials which exert or cause: a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). c. Unusual BOD (in excess of 300 parts per million), suspended solids (in excess of 300 parts per million), COD, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "slugs." (9) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (e) Options relative to substances listed in this article. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this article which in the judgment of the director Code of Or'aSalsmdeleterious effect upon the sewer works, processes, equipment or rec ,jyingq waters or which otherwise create a hazard to a life or constitute a public nuisance, the director may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers. If the director permits the pretreatment, the design and installation of the plans and equipment shall be subject to the review and approval of the director and subject to the requirements of all applicable codes, ordinances and laws and at no cost to the city. (f) Grease, oil, sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of sanitary sewage containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the building official and director and shall be located so as to be readily and easily accessible, including manholes at entrance and discharge points, for cleaning and inspection. Where preliminary treatment is provided for any wastes, it shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (g) Control manholes. The owner of any property serviced by a building sewer carrying industrial wastes shall build a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. The owner shall install such manhole within 30 days from the date the lateral connection is made to the sewer or, if no manhole was required at the time the building sewer was installed, the owner shall install such manhole. If such manhole is not installed within the time provided, the city shall have the right to enter into a contract for the installation of such manhole at the owner's expense, and the cost of installing such manhole, together with the administrative cost to the city necessary to process the installation of such manhole, shall be chargeable to the owner, and if not paid within 30 days from the date such installation is completed, the unpaid costs, together with the lawful interest thereon, shall be a lien upon the property wherein the user is situated. The city shall be entitled to institute foreclosure proceedings for the collection of such unpaid costs and interest thereon, such proceedings to be in accordance with law, and the city shall be entitled to collect reasonable attorney's fees from the owner for services rendered by the city's attorneys in the institution and prosecution of such foreclosure proceedings. Liens created under this section shall, upon the request of the Code of Or9eFlrar 4S owner of the property affected, and upon payment of all installation awl Q administrative costs and lawful interest thereon, be released by a release of lien signed by the administrator or the mayor, or director of the city. The issuance of such release of lien shall constitute prima facie evidence of existence or nonexistence of any such unpaid costs, and shall, in the absence of fraud perpetrated by the party requesting the lien, be binding upon the city as to the existence and nonexistence of any lien created under this section. (h) Measurements, tests, analyses. All measurements, test and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of"Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, from suitable samples taken at such control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewer works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or other multiple samples should be taken. (Code 1982, § 18-64) Sec. 58-74. - Renewal of occupational license subject to adequate pollution control facilities. After any occupational license is issued, a copy of the application shall be forwarded to the Okeechobee Utility Authority, and if alteration of occupational activities would create pollution problems, modification of the facilities such as grease traps and other pretreatment facilities may be required. Where facilities require updating or additional equipment to meet pollution standards, such changes shall be made prior to the renewal of any occupational license at no expense to the city. (Code 1982, § 18-74) Sec. 58-75. - Legal action. • If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the circuit court of this county. (Code 1982, § 18-75) < Sec. 54-194. - Schedule of civil penalties for parking violations. Chapter 62-VEHICLES FOR HIRE > 1/12/23,3:01 PM Statutes&Constitution:View Statutes:1 a Sunshine Select Year: 2022 v Go The 2022 Florida Statutes (including Special Session A) Title XXIX Chapter 381 View Entire Chapter PUBLIC HEALTH PUBLIC HEALTH: GENERAL PROVISIONS 381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements.— (1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability. The owner shall have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the date of the initial notification of anticipated availability. Nothing in this section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October 1, 1993. Nothing in this paragraph limits the power of a municipality or county to enforce other laws for the protection of the public health and safety. (b) The owner of an onsite sewage treatment and disposal system that needs repair or modification to function in a sanitary manner or to comply with the requirements of ss. 381.0065-381.0067 or rules adopted under those sections must connect to an available publicly owned or investor-owned sewerage system within 90 days after written notification from the department. In hardship cases, upon request of the owner, the department may approve an extension of not more than 90 days for sewerage connection. The department may approve only one extension. This paragraph does not authorize the owner of the onsite sewage treatment and disposal system to create or maintain a sanitary nuisance. (2) The provisions of subsection (1) or any other provision of law to the contrary notwithstanding: (a) The local governing body of the jurisdiction in which the owner of the onsite sewage treatment and disposal system resides may provide that any connection fee charged under this section by an investor-owned sewerage system may be paid without interest in monthly installments, over a period of time not to exceed 5 years from the date the sewerage system becomes available if it determines that the owner has demonstrated a financial hardship. The local governing body shall establish criteria for making this determination which take into account the owner's net worth, income, and financial needs. (b) A publicly owned or investor-owned sewerage system may, with the approval of the department, waive the requirement of mandatory onsite sewage disposal connection if it determines that such connection is not required in the public interest due to public health considerations. (c) A local government or water and sewer district responsible for the operation of a centralized sewer system under s. 153.62 may grant a variance to an owner of a performance-based onsite sewage treatment and disposal system permitted by the department as long as the onsite system is functioning properly and satisfying the conditions of the operating permit. Nothing in this paragraph shall be construed to require a local government or water and sewer district to issue a variance under any circumstance. Nothing in this paragraph shall be construed www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.00655.html 1/2 1/12/23,3:01 PM Statutes&Constitution :View Statutes: e Sunshine as limiting local government authority to enact ordinances under s. 4, chapter 99-395, Laws of Florida. A local government or water and sewer district located in any of the following areas shall not be required to issue a variance under any circumstance: 1. An area of critical state concern. 2. An area that was designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation. 3. An area in the South Florida Water Management District west C-11 basin that discharges through the 5-9 pump into the Everglades. 4. An area designated by the Lake Okeechobee Protection Act. History.—s. 2, ch. 93-151; s. 5, ch. 2006-252. Copyright©1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0300-0399/0381/Sections/0381.00655.html 2/2