§ 37-174. Water and wastewater connection requirements for unincorporated Orange County.

(a)

Connection to a central water system. All new development within the county's urban service area or functional equivalent as provided for in the Orange County Comprehensive Policy Plan must connect to a central water system. Where a central water system is not available, as determined by the director, the director may exempt the development from this requirement. Where a central water system is not available, wells may be allowed within the county's urban service area subject to the requirements of the Orange County Land Development Code and state law.

A central water system shall not be constructed in or extended into areas outside of the county's urban service area except as allowed for in the Orange County Comprehensive Policy Plan.

(b)

Connection to a central wastewater system.

(1)

Connection requirements for new development.

a.

All new development within the county's urban service area or functional equivalent as provided for in the Orange County Comprehensive Policy Plan shall connect to a central wastewater system, if service is available. For the purposes of this article, "available" as it relates to a central wastewater system shall be as defined in article XVII of this chapter (Individual On-site Sewage Disposal).

A central wastewater system shall not be constructed in or extended outside of the county's urban service area except as allowed for by the Orange County Comprehensive Policy Plan.

b.

Where development is permitted or authorized by the Orange County Code of Ordinances and where a central wastewater system is not available, the development shall utilize an individual on-site sewage disposal system(s) or connect to an interim private wastewater treatment facility complying with the provisions of this article, other applicable county requirements, and the following:

1.

Individual on-site sewage disposal systems:

a)

The term "Individual On-site Sewage Disposal System" (OSDS) shall be as defined in article XVII of this chapter.

b)

An OSDS, where allowed, shall be permitted and constructed in accordance with article XVII of this chapter.

2.

Interim private wastewater treatment facilities:

a)

Before commencement of construction, reconstruction, enlargement, modification or improvement of an interim private wastewater treatment facility, the owner shall first obtain a utility facility permit in accordance with article IV of this chapter. The owner shall obtain all required local, state and federal permits prior to commencement of construction activities.

b)

At such time that a central wastewater system becomes available to a property served by an interim private wastewater treatment facility, the owner, as provided in this chapter or required by agreement, shall connect to the central wastewater system. Any interim private wastewater treatment and disposal facilities shall be removed or properly abandoned and filled with suitable materials in accordance with applicable local, state and federal regulations.

c)

If an interim private wastewater treatment facility is approved within the county wastewater service area, then prior to construction, a plan for connection to the county wastewater system and financing of the tie-in must be approved by OCU. Prior to approval of the construction plans for the development which the interim private wastewater treatment facility is proposed to serve, normal capital charges and connection fees associated with the connection to the county wastewater system must be paid in accordance with county resolutions, ordinances, agreements, and this chapter.

(2)

Existing wastewater package plants required to connect.

a.

A lawfully existing wastewater package plant that is not regulated by the PSC, and which is located in an unincorporated area of the county within one (1) mile of an available central wastewater system, as measured along the right-of-way or existing easements, shall connect to the central wastewater system, at the property owner's expense, if any of the following conditions exists:

1.

There is no current valid FDEP operating permit;

2.

There has been a violation of any condition in the current FDEP operating permit;

3.

There has been a violation of state or county health regulations;

4.

The package plant poses a serious risk to the environment or public health; or

5.

There has been a failure to obtain a permit from the Orange County Environmental Protection Division.

Connection to the central wastewater system shall be accomplished within five (5) years of the official date of written notification to do so, or by the date specified by the state or local enforcement agency having jurisdiction, whichever date occurs earliest. Connection to the central wastewater system shall be done in accordance with current county ordinances, regulations and standards, or in accordance with the requirements of the utility serving the property, if other than the county.

(Ord. No. 2012-08 , § 2(37-148), 4-3-12)