Miami-Dade Legislative Item
File Number: 132454
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File Number: 132454 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-23 Control: Board of County Commissioners
File Name: BACKFLOW PREVENTER Introduced: 12/4/2013
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 7A
Notes: Title: ORDINANCE RELATING TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT; AMENDING SECTION 32-154 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING THE DATE BY WHICH BACKFLOW PREVENTERS MUST BE INSTALLED FOR FACILITIES OF EXISTING WATER CUSTOMERS GOVERNED BY SECTION 32-154(D); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: WATER AND SEWER
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jean Monestime, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 3/4/2014 7A Adopted P

Infrastructure & Capital Improvements Committee 2/11/2014 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Henry Gillman read the foregoing proposed ordinance into the record. Chairman Zapata opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. The public hearing was closed after no one appeared. Commissioner Moss said Mr. John Renfrow, Water and Sewer Department Director, noted at the last Committee meeting that he was working on a new design with regard to backflow preventers. He said the current design was a hideous monstrosity. He said there were beautiful buildings in the community and then there was huge multi-colored piping. Commissioner Moss asked Mr. Renfrow for the status of the new design. He also asked him to identify cases in which the preventers had prevented problems, and whether the preventers were a State requirement. Mr. Renfrow noted they were a State requirement. He noted he planned to visit Tallahassee, Florida to try to amend the bill or law for this requirement in the next two years, because he did not think it should apply to the County. He said the law was really for residences that were connected to irrigations systems, sprinklers, etc. Mr. Renfrow said if he was unsuccessful, he would try to acquire a device that could be placed in meter boxes, out of sight. Mr. Renfrow noted that many commercial buildings installed this device. He indicated that he thought it was somewhat excessive for residences in the County to be required to install the preventers. In response to Commissioner Moss’ inquiry concerning whether the technology was available for the device that could be placed in meter boxes, to replace the big, hideous pipes sticking out of the ground and destroying appearances, Mr. Renfrow noted that it was. In response to Commissioner Moss’ question regarding what backflow preventers did and whether the County needed to use them in the past, Mr. Renfrow noted they were installed at commercial buildings and those buildings in which certain chemical uses took place. He said the preventers prevented cross contamination between potable water lines and industry lines by keeping water from flowing back into where it should not be. He explained that the State created a category for residences with irrigation systems, sprinklers, pumps going into lakes, etc. He said he could not think of a situation in the County where cross contamination would occur at those residences. Mr. Renfrow indicated the contamination may occur in areas located further north in Florida, but not in the County. He said he talked to his staff about this and they agreed with him. In response to Commissioner Moss’ inquiry regarding scientific support, Mr. Renfrow indicated that science showed cases of cross contamination. He indicated that because of this, he agreed with the State requirement with regard to commercial and industrial uses, but he did not see it applying to residences. In response to Chairman Zapata question concerning whether the preventer on each property could be relocated to a place on the property where the pipes, etc. sticking out of the ground would not be so visible, while Mr. Renfrow was addressing the issue, Mr. Renfrow indicated there was a need for these pipes on commercial establishments and he understood that. He said he could look at some of the newer types of buildings that were coming up. He noted that as he said before, new technology allowing the preventers to be placed in the meter boxes was available, especially for residences; and it would prevent a situation in which unattractive pipes stuck out of the ground. Commissioner Barreiro noted that in the future, the actual meters may be able to prevent backflow. Chairman Zapata noted he thought what Commissioner Barreiro mentioned was definitely something worth looking into. Hearing no further discussion, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 12/17/2013 Tentatively scheduled for a public hearing Infrastructure & Capital Improvements Committee 1/14/2014

Board of County Commissioners 12/17/2013 4A Adopted on first reading 1/14/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Infrastructure & Capital Improvements Committee on January 14, 2014 at 2:00 p.m.

County Attorney 12/4/2013 Referred Infrastructure & Capital Improvements Committee 1/14/2014

County Attorney 12/4/2013 Assigned Sarah E. Davis 12/6/2013

Legislative Text


TITLE
ORDINANCE RELATING TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT; AMENDING SECTION 32-154 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING THE DATE BY WHICH BACKFLOW PREVENTERS MUST BE INSTALLED FOR FACILITIES OF EXISTING WATER CUSTOMERS GOVERNED BY SECTION 32-154(D); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY

WHEREAS, Miami-Dade County Code Chapter 32, Article VIII, Section 32-151 et seq. establishes the Cross Connection Control Program, which applies to all water customers of the Miami-Dade Water and Sewer Department and implements the provisions of Section 62-555.360 of the Florida Administrative Code, promulgated under the authority of Part VI of Chapter 403, Florida Statutes, by the Department of Environmental Protection; and
WHEREAS, in conjunction with the Cross Connection Control Program, Miami-Dade County Code Section 32-154(d) sets forth the type of backflow preventer required for various facilities and the date by which such backflow preventers must be installed at the various types of facilities within Miami-Dade County; and
WHEREAS, due to the state of the economy in the State of Florida and the United States as a whole, many water customers of the Miami-Dade Water and Sewer Department may not be able to comply with the deadline of January 1, 2014 for installation of backflow preventers set forth in Miami-Dade County Code Section 32-154(d); and
WHEREAS, this Board desires to give additional time to comply with Miami-Dade County Code Section 32-151 et seq.,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recital is incorporated in this resolution and is approved.
Section 2. Section 32-154 of the Code of Miami-Dade County, Florida is hereby amended as follows: 1
Sec. 32-154. Backflow Preventers Required.
Certain water customers of the Department shall install a backflow preventer as provided herein. Backflow preventers installed in the facilities listed in (c) and (d) below shall be tested by a certified backflow preventer tester.
(a) Water customers who own or operate or use or engage in the types of businesses, facilities, substances, and activities listed in (c) and (d) below shall install an approved backflow preventer of the type indicated below at the service connection entering their property, within the deadlines listed herein. The same deadlines apply to installation of backflow preventers on Classes 3, 4 and 5 fire suppression systems, as defined in Section 32-155 serving the premises. New water customers who own or operate or use or engage in the types of businesses, facilities, substances, and activities listed in (c) or (d) below shall have an approved backflow preventer as a condition of issuance of building permits or of a certificate of occupancy, and the permanent installation of a water meter. This requirement is not limited to those facilities, premises, uses or situation listed herein but also applies to any others distinctly determined by the Department to require such protection. Failure to install a required backflow preventer as required herein, will result in civil penalties to be levied against the responsible party pursuant to Chapter 8CC of the Code of Miami-Dade County. In the event that the customer provides proof that a plumbing permit has been obtained from the applicable building department, and installs the required backflow preventer, within 90 days of notice of the violation, the Miami-Dade Water and Sewer Department may choose to waive the applicable penalties.

* * *


(d) Backflow preventers shall be installed by existing water customers in the following facilities by [[January 1, 2014]] >> January 1, 2016<<:

Facility Backflow Preventer
Agricultural premises, including livestock, poultry, and produce packing RP
Aircraft plants and aircraft repair service RP
Automotive manufacturing RP
Automotive repair RP
Auxiliary water supply present RP
Brewery, winery, distillery RP
Buildings with four stories or more above ground or with booster pumps RP
Car washes RP
Cold storage plant, dairy, ice manufacture RP
Cooling system, space heating hot-water or steam boiler, single-wall heat exchanger, or double-wall heat exchanger supplied from the public water system RP
Customer of any type with a history of inadequately protected cross-connections RP
Film processing or manufacture RP
Food processing facility, including cannery, packing house, rendering plant, reduction plant, and any industrial facility where animal or vegetable matter is processed; not including food preparation RP
Health care facility: health maintenance organizations, offices of health care providers, dialysis centers RP
Irrigation systems using potable water if no backpressure PVB
If backpressure may exist RP
Laboratory, including those within schools and other businesses RP
Laundry or dry cleaner with processing facilities on site, excluding self-service Laundromats RP
Marina, shipyard, boat storage or service facility, including piers and docks, where an outlet supplies water to vessels RP
Metal manufacturing, cleaning, processing or fabricating plant RP
Motion picture studio where water is used for scene tanks or special effects RP
Oil (animal, vegetable or mineral) or gas production, development, processing, blending, storage, refinery, transmission and/or tank maintenance, testing and repair RP
Paper manufacturing or processing plant RP
Premises with multiple interconnected service connections RP
Premise located within an Industrial District (IU) zoned area RP
Restricted access facility where testers are prohibited entry by law and/or which is exempt from the inspection provisions of the plumbing code RP
Rubber (natural or synthetic) or rubber goods manufacture, excluding small molding or tire retreading operations RP
Sand or gravel pit, classifying or processing plant RP
Tanker type vehicles if feasible AG
Otherwise RP
Travel trailer and recreational vehicle parks RP

* * *

Section 3. 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 4. 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 5. 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.

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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