§ 3-8-42. Connection to available private potable water distribution system.

(a)

All residential and non-residential structures must connect the plumbing system for that structure to an available private potable water distribution system within one hundred eighty (180) days of notification that the private potable water distribution system is available.

(b)

Available , for purposes of this section, means that the potable water distribution system is capable of being connected to the plumbing of a structure and has adequate permitted capacity to supply potable water to the structure, and:

(1)

For a residential lot or any structure that has an estimated water usage of one thousand (1,000) gallons per day or less, a water line exists in an easement or right-of-way that abuts the property line of the lot or structure; or

(2)

For a non-residential structure with an estimated water usage of more than one thousand (1,000) gallons per day, a water line exists in an easement or right-of-way that abuts the property or is within two hundred (200) feet of the property line of the structure as accessed via existing rights-of-way or easements; or

(3)

For proposed residential subdivisions with more than fifty (50) lots, for proposed commercial subdivisions with more than five (5) lots or for areas zoned or used for an industrial or manufacturing purpose, a potable water distribution line exists within one-fourth (¼) mile of the development as measured and accessed via existing easements or rights-of-way.

(c)

For purposes of chapter 3-8 of this Code, the term "private potable water distribution system" means an entity that owns and operates a potable water system that is properly permitted by all applicable federal, state, and local agencies; is in regulatory compliance; and provides potable water to the public, for human consumption, through pipes or other constructed conveyances and has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year, and is either (1) an investor-owned potable water utility company or (2) a non-profit corporation, association or cooperative that provides potable water service to its members.

(d)

Owners previously approved for an exception to the mandatory connection requirement for an existing well or cistern shall, at their own expense, have the water from the well and/or cistern tested annually for coliform bacteria and nitrates through the Charlotte County Health Department. Testing protocol shall be as contained in Chapter 64E-8 of the Florida Administrative Code. The test results must be provided to the county by the Charlotte County Health Department annually. If the results of the test indicate that the water contains coliform bacteria or that the levels of nitrates exceed ten (10) milligrams per liter, the owner shall disinfect the well or cistern and have the water retested by the Charlotte County Health Department within thirty (30) days of the date of the failed test. If the presence of coliform bacteria or high nitrate levels still is not remedied by the second test, the owner shall be required to connect the structure to an available private potable water distribution system within sixty (60) days.

(e)

The exception from the mandatory connection requirement previously authorized expires on January 1, 2021. All property previously approved for an exception from the mandatory connection requirement shall notify prospective purchasers of the property that the exception will expire on January 1, 2021, and the property will be required to comply with the mandatory connection requirement in section 3-8-42(a) on that date.

(f)

Except as provided in section 3-8-42(b) above, any person failing to connect their property to an available private potable water system within the applicable time period for mandatory connection shall be guilty of an ordinance violation for each day in excess of the applicable time period that the property is not connected to the potable water system.

(Ord. No. 2018-038, § 3, 9-25-18)