§ 37-6. Physical connection to the water, wastewater and reclaimed water systems; use of water, wastewater and reclaimed water systems.

(a)

Responsibility for collection, transmission, and distribution costs. In addition to the section 37-5 fees and charges, applicants shall, at the discretion of OCU, either provide, or pay the costs (including design, permitting, construction, land costs and any other related costs) the required capital improvements for:

(1)

Water and reclaimed water:

a.

The transmission of potable water and/or reclaimed water from OCU's major transmission trunk main with adequate capacity to the boundaries of the property designated to receive water or reclaimed water service; and

b.

The distribution of potable water and/or reclaimed water within the boundaries of the property designated to receive water and/or reclaimed water service.

(2)

Wastewater:

a.

The collection of wastewater within the boundaries of the property owned by the developer or customer; and

b.

The transmission of wastewater from the boundaries of the property owned by the developer or customer to OCU's major transmission system with adequate capacity.

OCU shall allow the applicant to connect to the utility system at the nearest feasible point with adequate capacity as determined by OCU. OCU will perform capital improvements on the property designated to receive utility services only by agreement with the applicant or when public health, safety or general welfare situations warrant. OCU reserves the right to physically make the connection to the major transmission main or pump station at the developer/applicant's expense.

(b)

Responsibility for water and reclaimed water service lines and wastewater laterals; construction of service lines and laterals; connection of service lines and laterals to the OCU utility system.

(1)

It is the applicant's responsibility to properly install water service lines, reclaimed water service lines, and wastewater laterals on the applicant's property at no cost to the county and to connect such service lines and/or wastewater laterals to the utility system in accordance with the Orange County Utilities Standards and Construction Specifications Manual, Orange County Utilities Cross Connection Control Manual, Orange County Building Code, Orange County Plumbing Code, and all other applicable codes and regulations. The applicant is responsible for obtaining all necessary permits. To undertake any such construction, the applicant shall make application in a form acceptable to the county. The application shall be supplemented by any plans, specifications or other information considered pertinent by the county. The applicant shall be responsible for paying all applicable fees and charges prior to connection. Fees and charges include building permit fees, connection fees, meter set fees, capital charges, and other fees and charges for water, wastewater and reclaimed water services as established by the board by resolution or ordinance. No building shall be approved for use and/or occupancy until the connection fees are paid and the connection has been inspected and approved by OCU.

(2)

All work required for the installation of service lines or wastewater laterals shall be performed by a properly licensed plumber, general contractor or underground utility contractor, as appropriate, for the nature of the work being performed.

(3)

The applicant shall notify the county when installed service lines or laterals are ready for inspection and connection to the OCU utility system. Notice of the proposed connection shall be given to OCU in accordance with the Orange County Utilities Standards and Construction Specifications Manual.

(4)

Responsibility for maintenance of service lines or wastewater laterals on private property shall remain with the property owner. Responsibility of OCU for operation, maintenance, service and/or repairs of the service lines or building wastewater lateral shall terminate at the nearest property or easement line of the owner so served.

(5)

No unauthorized person shall uncover, make any connections with or openings into, use, alter, or otherwise disturb any part of the utility system without obtaining a permit from the county or written permission from OCU prior to commencement of said activities.

(6)

Trench excavation, pipe placement, jointing, testing and backfilling the trench shall be done in accordance with all applicable building and plumbing codes and the Orange County Utilities Standards and Construction Specifications Manual. All excavations shall conform to Federal Occupational Safety and Health Administration standards and shall be adequately guarded with barricades and caution lights to protect the public from hazards. Any deviation(s) from the prescribed construction materials or procedures shall be approved in writing by OCU prior to commencement of construction related activities. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the county.

(7)

A separate and independent building wastewater lateral shall be provided for every building, except where one (1) building stands at the rear of another on an interior lot and no private wastewater lateral is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. The building wastewater lateral from the front building may be extended to the rear building and the whole may be considered as one (1) building wastewater lateral. In such cases, the property owner shall execute an agreement, as prescribed by the county, granting an easement for the continued joint use of the building wastewater lateral to the rear building in the event that the two (2) structures are ever sold separately. Such agreement shall be recorded in the public records, and shall be a condition for approval of the building wastewater lateral by the county.

(8)

Wherever possible, the building wastewater lateral shall be installed at an elevation below the lowest floor of the structure. If the building drain is below the grade of the OCU wastewater main, prohibiting gravity flow in the building wastewater lateral, then the wastewater shall be lifted with an approved pumping system to allow gravity flow through the wastewater lateral to the OCU wastewater main.

(9)

Existing building wastewater laterals may be used in connection with new buildings only when they are found on examination and testing, as may be required by OCU, to meet all requirements of this article, the Orange County Building Code and other county design, construction and engineering criteria. If the lateral is not suitable, the property owner shall be responsible for installing the necessary building wastewater lateral(s) to adequately serve the site.

(10)

The owner shall indemnify the county from any loss or damage that may be directly or indirectly caused by the connection of the building wastewater lateral. The physical connection of the building wastewater lateral at and directly into OCU wastewater system shall be made under the direct supervision of an authorized representative of OCU.

(11)

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface water runoff or groundwater to a building drain or wastewater lateral which in turn is connected directly or indirectly to the wastewater system, unless such connection has been previously approved in writing by OCU.

(12)

The county shall have the right to inspect water and reclaimed water service lines, wastewater laterals, and backflow preventers, and to cause discontinuance of potable water, reclaimed water, and/or wastewater service to any property where the plumbing is not maintained in a sanitary and effective operating condition, or if the utility system may be harmed thereby.

(13)

All properties served by OCU shall comply with the cross connection control installation, inspection, testing, and maintenance provisions established by the Cross Connection Control Program.

a.

As a condition of service, authorized representatives of OCU shall be granted access to any property served by OCU potable water or reclaimed water system for the purpose of determining the degree of hazard to the potable water supply associated with existing or potential cross connections. Refusal of access shall be cause for discontinuing potable water service and/or reclaimed water service.

b.

Backflow preventers attached to the potable water system shall be tested and maintained in accordance with the cross connection control program. Except for properties subject to the residential cross connection control program, testing, maintenance, repair, and replacement of backflow preventers, and reporting of backflow preventer status shall be performed by the owner of the device or assembly.

c.

OCU shall be responsible for testing, maintenance, repair, and replacement of backflow preventers required for all properties subject to the residential cross connection control program. All properties subject to the residential cross connection control program shall be required to participate in this program and are subject to associated fees or charges established by the county and changed from time to time by resolution of the board. The owner of any property subject to this program shall ensure that the device is accessible to the representatives of OCU for the purposes stated herein. Failure to provide access to the device shall be cause for discontinuing potable water service and/or reclaimed water service until access to the device is resolved to the satisfaction of OCU.

(14)

Pretreatment or flow-equalizing facilities, including oil and grease management devices, shall be operated and maintained continuously and in satisfactory condition by the property owner or the user at no expense to OCU, and shall be permitted and operated in accordance with article XX of this chapter.

(15)

Service lines and laterals shall be constructed entirely on the parcel that they are providing service to and shall not cross other parcels or private property unless approved by the director. In such cases, the property owner of the parcel receiving service shall provide an easement, as prescribed by the county, granting the continued joint use of the property on which the service lines or laterals lie for purposes of providing continued utility service and maintenance of the service lines and laterals by the owner of the parcel receiving service. Such agreement shall be recorded in the public records, and shall be a condition for approval of the building wastewater lateral by the county. All maintenance of such service lines and laterals on private property shall be performed and paid for by the owner of the parcel receiving service.

(c)

Construction in accordance with Orange County Utilities Standards and Construction Specifications Manual. All water, wastewater and reclaimed water systems and facilities shall be designed and constructed in accordance with the Orange County Utilities Standards and Construction Specifications Manual, the Orange County Utilities Cross Connection Control Manual, and applicable local, state and federal standards, specifications and regulations.

(d)

Ownership. All water, wastewater and reclaimed water facilities constructed by an applicant in public easement or right-of-way shall be conveyed to the county for operation and maintenance in accordance with county policies, unless designated otherwise on approved construction plans and right-of-way utilization permits. When authorized as part of the development approval process, private system extensions shall remain the property of the applicant up to the point of connection to the county utility system. For properties that become subject to the residential cross connection control program after January 1, 2018, ownership of the backflow preventer supplied and installed by or on behalf of the property owner shall transfer to OCU after inspection, testing, and acceptance by OCU. For properties served by OCU, and subject to the residential cross connection control program on January 1, 2018, the property owner shall retain ownership of the existing backflow preventer. On property subject to the residential cross connection control program on January 1, 2018, if and when a privately-owned backflow preventer requires replacement, or if no backflow preventer exists, OCU will install and assume ownership of a new backflow preventer consistent with the placement and configuration as established by the Orange County Utilities Standards and Construction Specifications and/or the Orange County Utilities Cross Connection Control Manual.

(e)

Private wastewater collection systems connected to the OCU wastewater system.

(1)

Before commencement of construction, reconstruction, enlargement, modification or improvement of a private wastewater collection system that is connected to the OCU wastewater system, the owner shall obtain written approval from OCU. The application for such approval shall be made on a form furnished by OCU. The applicant shall supplement the application with plans, specifications and other information as deemed necessary by OCU. Receipt of written approval from OCU shall not relieve the owner from obtaining all applicable permits. All applicable fees, charges and assessments shall be paid at the time the application is filed with the county. Fees and charges include connection fees, meter set fees, capital charges, inspection fees and other fees and charges for wastewater services as established by the board by resolution or ordinance, or as specified in agreements approved by the board.

(2)

The type, capacities, location and layout of a private wastewater collection system that is connected to the OCU wastewater system shall comply with all state and county requirements and the provisions set forth in this article.

(3)

Prior to connection of the private wastewater collection system to the OCU wastewater system, the owner must provide certification to OCU that the private wastewater collection system was constructed in accordance with acceptable design standards and complies with the Orange County Utilities Standards and Construction Specifications Manual. In order to preclude excessive amounts of infiltration or exfiltration, the owner shall perform a "low pressure" test and closed-circuit televising, hydrostatic testing, or other testing approved by OCU at no cost to OCU, to demonstrate the integrity of the private wastewater collection system. All required testing shall be performed in the presence of a County inspector. The owner shall notify OCU at least forty-eight (48) hours in advance of the test, excluding weekends and holidays. Certification of the private wastewater collection system shall include submittal of the test results to the director. All required testing shall be done within ninety (90) days prior to connection to the OCU wastewater system by a contractor that is certified in field testing wastewater systems and interpreting the results from such tests. The owner of the system shall be responsible for correcting any deficiencies to the private wastewater collection system to the satisfaction of OCU and in accordance with county regulations and this article. Repairs shall be made by the owner at no cost to the county.

(4)

All costs and expenses incidental to the installation and connection of the private wastewater collection system to the OCU wastewater system shall be borne by the owner. The owner shall indemnify the county from any loss or damage that may directly or indirectly be occasioned by the installation or connection of the private wastewater collection system.

(5)

The property owner shall operate and maintain the private wastewater collection system in a sanitary and effective manner at all times, and at no expense to the county. If the county incurs emergency response or cleanup costs due to failure of a private wastewater system, including failure of the electrical system, the owner of the private wastewater system shall reimburse the county for such costs.

(6)

A private wastewater collection system shall be maintained so as to preclude the entrance of excessive amounts of infiltration and inflow. Should it be determined by the director that excessive amounts of infiltration/inflow are entering the OCU wastewater system from a private wastewater collection system, the owner shall be responsible for determining the cause(s) and shall make all necessary repairs to the system at no cost to the county and to the satisfaction of the county. All work shall be done by a properly licensed general contractor or underground utilities contractor experienced in wastewater rehabilitation work. Additional integrity tests shall be performed by the owner at no cost to the county as deemed reasonably necessary by OCU to certify the integrity and proper operation of the private wastewater collection system.

(7)

OCU shall have the right to inspect all private wastewater collection systems and appurtenances, and to cause discontinuance of OCU wastewater service if the private wastewater collection system is not maintained in a sanitary and effective operating condition or if the OCU wastewater system may be harmed thereby.

(8)

The owner of a private wastewater collection system shall be responsible for notifying the FDEP within the required timeframes in the event that a wastewater overflow or spill occurs within the owner's private wastewater collection system. The owner of a private wastewater collection system shall be responsible for notifying the Orange County Environmental Protection Division and OCU within 24 hours from the time the wastewater overflow or spill was first identified from the owner's private wastewater collection system. The owner shall take whatever measures are necessary to protect the public health and the environment from contamination due to the wastewater overflow. The owner shall clean up overflows or spills as soon as possible after discovery in accordance with all applicable local and state regulations, and at no cost to the county.

(9)

All components of a private wastewater system shall be constructed in properly recorded easements granting the continued joint use of the property for purposes of providing utility service and maintenance of the wastewater system by the owner of such system. Such easements shall be recorded in the public records, and shall be a condition for approval of a private wastewater system by the county. All maintenance of the private wastewater system shall be performed and paid for by the owner of the private wastewater system.

(f)

Use of OCU water services. All uses of water provided by OCU shall be in accordance with all provisions of this chapter. A customer shall not create or cause a cross connection between the water system (or mains or service lines located on private property) and any other water supply system, wastewater system, or reclaimed water system. A customer shall not create or cause a cross connection between the water system (or mains or service lines located on private property) and any device, appurtenance or material which has the potential to contaminate the water system. All uses of water provided by OCU shall be in accordance with the Orange County Utilities Cross Connection Control Manual. The presence of a cross connection on a customer's property shall constitute a violation of this article and shall be grounds for immediate discontinuance of potable water service and/or reclaimed water service to the customer's premises. Any tampering with or bypassing of a backflow preventer shall be grounds for immediate discontinuance of potable water service and/or reclaimed water service. Service shall not be resumed until conditions at the property have been corrected to the satisfaction of OCU.

The customer shall be responsible for maintaining all service lines, mains and appurtenances located on private property in accordance with section 37-6(b) and all applicable state and local standards, and shall operate and maintain such service lines, mains and appurtenances in such a manner as to prevent damage to or contamination of the OCU water systems. Notwithstanding the foregoing, beginning January 1, 2018, all residential customers with an individually metered potable water connection requiring a backflow preventer shall be required to participate in the residential cross connection control program.

(g)

Use of OCU wastewater service. All uses of OCU wastewater services shall be in accordance with all provisions of this article and article XX of this chapter. The customer shall be responsible for maintaining all wastewater laterals, mains and appurtenances located on private property in accordance with section 37-6(b) of this article, and all applicable state and local standards, and shall operate and maintain such wastewater laterals, mains and appurtenances in such a manner as to prevent damage to or contamination of the OCU wastewater system. Introduction of stormwater into the wastewater system, including connection of storm drains or roof downspouts to the wastewater system, is prohibited unless expressly approved by OCU in writing.

(h)

Use of reclaimed water service; inspections.

(1)

Use of reclaimed water.

a.

All uses of reclaimed water shall be in accordance with applicable rules of the FDEP and other regulatory agencies having jurisdiction.

b.

Each customer shall be solely responsible for maintaining the customer's reclaimed water system in good working condition. A customer's failure to properly maintain the reclaimed water system on his or her property shall be grounds for immediate discontinuance of reclaimed water service to the customer's premises.

c.

Cross connections between reclaimed water systems and potable water systems are prohibited. The presence of a cross connection on a customer's property shall constitute a violation of this article and shall be grounds for immediate discontinuance of reclaimed water service and/or water service to the customer's premises.

d.

OCU will monitor reclaimed water connections so as not to exceed the capacity of the system. It is the intent of OCU to maximize the use of reclaimed water. However, at times it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any provision of this article to the contrary, the county makes no representation as to the continuing availability or implementation of reclaimed water service within the county. Furthermore, nothing in this article shall be construed to create a debt or general obligation of the county or a pledge of the full faith and credit or taxing power of the county.

(2)

Inspections.

a.

In order to ascertain and ensure compliance with the provisions of this article and related regulations, the county reserves the right to inspect, secure and/or disconnect any and all devices, wherever located, which connect to or control any discharge from the customer's reclaimed water distribution system.

b.

Inspections made by the county to ensure compliance with this article or any related regulations shall be at such times and with such frequency as the county deems necessary.

(Ord. No. 2012-08 , § 1, 4-3-12; Ord. No. 2017-16 , § 2, 8-29-17, effective 1-1-18)