§ 37-141. Short title; findings, purpose and intent.

The rules and procedures established herein shall be known and may be cited as the "Orange County Water and Wastewater Facilities Permit Rules." In adopting these rules, the board of county commissioners hereby makes and expresses the following findings, purpose and intent:

(1)

Based on the projections set forth in Table I-4 of the Orange County 1990—2010 Comprehensive Policy Plan, the county's population is expected to increase from approximately six hundred seventy-four thousand six hundred (674,600) to approximately nine hundred seventy-one thousand one hundred (971,100) by the year 2010.

(2)

As growth and its attendant population increase continue in the county, the demand for additional water and wastewater services will increase.

(3)

Pursuant to Fla. Const. art. VIII, § 1(g), F.S. §§ 125.01(1)(k) and 153.03(1), article II of this chapter and the county charter, the board of county commissioners is authorized to provide, regulate, purchase, construct, improve, extend, enlarge and reconstruct water and wastewater facilities; purchase, construct and reconstruct wastewater facilities; and operate, manage and control water and wastewater facilities within the county.

(4)

Stringent state and federal water quality standards and effluent limitations promulgated pursuant to F.S. ch. 403, and 33 U.S.C. Section 1251 et seq., as well as the increasing capital costs of constructing wastewater facilities, limit the county's ability to provide wastewater service within the unincorporated portions of the county.

(5)

If the county is unable to obtain necessary permits and finance the capital costs of constructing wastewater facilities, it will be unable to serve the projected increase in the demand for wastewater services.

(6)

If the county cannot provide adequate wastewater and water service to meet increase demand, it will be faced with private sector pressure to allow the construction and installation of privately financed and operated "package" sewage treatment facilities and septic tanks, and "package" water treatment facilities.

(7)

The proliferation of privately financed and operated "package" water and wastewater facilities will contribute to higher user rates.

(8)

The potential for the county to have to assume operation of these privately financed and operated facilities in the future is great.

(9)

The proliferation of such package water and wastewater facilities where there is no provision for the later transfer of the sewage flows treated and disposed by such facilities to a regional, subregional or areawide plant is hereby declared to be a public harm detrimental to the citizens of the county.

(10)

The proliferation of septic tanks in certain county locations can lead to surface and groundwater quality problems if the tanks fail.

(11)

The board of county commissioners hereby finds that failure to adequately regulate the planning, design and construction of water facilities will be a public harm detrimental to the citizens of the county.

(12)

The board of county commissioners is authorized, pursuant to Laws of Fla. ch. 63-1716, as amended, to regulate and determine the location, size and plan of public and private sewer facilities within the unincorporated parts of the county.

(13)

The board of county commissioners has previously adopted resolutions dated February 8, April 11, July 18, October 24, 1972, and May 1, 1973, (hereinafter "package plant resolutions") all as amended, and policies of the Orange County Comprehensive Policy Plan, in order to regulate and control the location, size and plan of public and private water and wastewater facilities within the unincorporated parts of the county.

(14)

The board of county commissioners is also authorized, pursuant to Laws of Fla. ch. 67-1830, and section 38-927 (pertaining to public and private utilities), to regulate the water quality and land use compatibility aspects of water and wastewater facilities.

Editor's note— Laws of Fla. ch. 67-1830 is compiled in this Code as chapter XV, article II.

(15)

The board of county commissioners desires to consolidate its various water and wastewater facilities permitting regulations in order to streamline its review of such facilities.

(16)

The board of county commissioners also desires to amend provisions of its present regulations in conformity with applicable provisions in the county 1990—2010 comprehensive policy plan.

(Code 1965, § 28-221; Ord. No. 83-40, § 1, 10-31-83; Ord. No. 91-29, § 2(Exh. A), 12-10-91)