Miami-Dade Legislative Item
File Number: 100981
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File Number: 100981 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Governmental Operations and Environment Committee
File Name: TWO-YEAR MORATORIUM ON CONNECTIONS TO SEWER MAINS Introduced: 4/14/2010
Requester: NONE Cost: Final Action: 7/13/2010
Agenda Date: 5/4/2010 Agenda Item Number: 4E
Notes: NOTE TO CAO: 2yr Sunset Prov & 4wks muni notification & 6wks between 1st reading & ph. [ITEM FILED ON 5-4-10 BCC Title: ORDINANCE RELATING TO SEWER CONNECTIONS; AMENDING SECTION 24-43.1(7) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR A TWO-YEAR MORATORIUM ON CONNECTIONS TO SEWER MAINS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AN EFFECTIVE DATE AND A SUNSET PROVISION
Indexes: MONITORING
  SEWER
  WATER MAIN
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Government Operations Committee 7/13/2010 1E1 Withdrawn P
REPORT: During consideration of the changes to today’s agenda, the foregoing proposed ordinance was withdrawn, as requested by the County Manager.

County Manager 7/12/2010 Withdrawals 7/13/2010

County Manager 5/11/2010 Municipalities notified of public hearing Government Operations Committee 7/13/2010 5/4/2010

Board of County Commissioners 5/4/2010 Tentatively scheduled for a public hearing Government Operations Committee 7/13/2010

Board of County Commissioners 5/4/2010 4E Adopted on first reading 7/13/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on Tuesday, July 13, 2010 at 9:30 AM.

Board of County Commissioners 4/27/2010 Requires Municipal Notification Government Operations Committee 7/13/2010

County Attorney 4/14/2010 Referred Government Operations Committee 7/13/2010

County Attorney 4/14/2010 Assigned Henry N. Gillman 4/27/2010

Legislative Text


TITLE
ORDINANCE RELATING TO SEWER CONNECTIONS; AMENDING SECTION 24-43.1(7) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR A TWO-YEAR MORATORIUM ON CONNECTIONS TO SEWER MAINS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AN EFFECTIVE DATE AND A SUNSET PROVISION

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 24-43.1(7) of the Code of Miami-Dade County, Florida is hereby amended to read as follows:1
24-43.1 (7)

>>(A)<< Notwithstanding any provisions of this Code, when an approved public gravity sanitary sewer or approved sanitary sewer force main is available and operative in a public right-of-way or easement abutting the property, the use of any liquid waste storage, disposal or treatment methods shall cease within ninety (90) days of the date that the Director or the Director’s designee determines that the approved public sanitary sewer is available and operative. Thereafter, all liquid wastes that are generated, handled, disposed of, discharged or stored on the property shall be discharged to an approved and operative gravity sanitary sewer or approved sanitary sewer force main except those liquid wastes, other than domestic sewage, that are permitted by this chapter to be generated, handled, treated or stored on the property. Notwithstanding the foregoing, graywater may, at the option of the property owner, be discharged to a graywater disposal system approved by the Director or the Director’s designee.

>>(B)<< >>Notwithstanding anything to the contrary in Sections 24-43.1 (7)(A), 32-78, 32-79 and any other provision of this Code, due to the harsh fiscal and economic crises burdening residences and businesses, no residential or commercial property, for a two-year period, shall be required to connect to an approved gravity sanitary sewer or approved sanitary sewer force main that is available and operative in a public right-of-way or easement abutting the residential or commercial property where such property has an uncontaminated and operational septic tank authorized for the current use of such property that is certified in writing as uncontaminated and operational by a licensed septic system inspector. The moratorium shall not apply to properties located within a Wellfield Protection Area. This subsection imposing a moratorium on sewer connections shall sunset two years from its effective date.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention and the word “ordinance” may be changed to “section”, “article” or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

Section 5. This ordinance shall sunset two years from the effective date.

1 Words stricken through and/or {{double bracketed}} shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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