Broward County Commission Regular Meeting


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AI-28946 42.       
Meeting Date: 05/21/2019  
Director's Name: Steve Geller
Department: County Commission  

Information
Requested Action
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 34, Articles II and II ½ to strengthen requirements for sanitary sewer connections where wastewater lines have been installed. (Commissioner Geller)

(Per the Tuesday Morning Memorandum, SUMMARY EXPLANATION,  is amended to add: “The Office of the County Attorney should also seek feedback from the Water Advisory Board prior to submitting the proposed Ordinance for Board consideration.”)

ACTION:  (T-10:33 AM)  Approved.

VOTE:  9-0.
Why Action is Necessary
Board action is required to direct the County Attorney to draft Ordinances amending the Broward County Code of Ordinances.
What Action Accomplishes
Directs the Office of the County Attorney to draft an Ordinance to strengthen requirements for sanitary sewer connection.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
This item supports the Commission Value: Encouraging Investments in renewable energy, sustainable practices and environmental protection; Goal 1: Seek funding for, implement policies and pursue projects promoting the use of alternative energy, resource conservation, sustainable practices and environmental protection; Goal 3: Increase water quality protection efforts and lead creative approaches to water storage and aquifer recharge, as well as diversification of water supplies, through regulatory improved designed to strengthen requirements for sanitary sewer connections.
 
Approval of this item directs the Office of the County Attorney to draft an Ordinance revising Chapter 34 of the Broward County Code of Ordinances relating to sanitary sewer connection requirements in order to: 1) eliminate the Rural Estates and Rural Ranches exemptions; and 2) strengthen connection compliance county-wide.
 
On September 14, 2018, at a joint meeting of the Water Advisory Board (WAB) to the Broward County Board of County Commissioners and its Technical Advisory Committee (TAC), staff delivered a requested presentation on the county-wide status of sanitary sewer service and connections, relative to the presence and continued use of septic tanks across the geographic area of Broward County. This presentation was delivered in response to questions raised at a 2018 Board of County Commissioners Budget Workshop regarding the status of sanitary sewer service, expansion of infrastructure, and connections on a county-wide basis.   
 
Mr. Lenny Vialpando, Deputy Director, Broward County Environmental Protection and Growth Management Department, presented the overview inclusive of municipal and county jurisdictions. He clarified that coverage showing areas with sanitary sewer line installation do not necessary indicate connection by the individual property owner. For example, in a review of one service area, less than one half the residential units showed record of pulling the permits necessary for the sanitary sewer connection (an action that is supposed to occur with 180 days of notice). While all property owners required to connect are ultimately billed for wastewater charges (assumed use based on potable water consumption; there is not a separate wastewater meter) some residents simply forego the cost associated with making the actual sanitary sewer connection and continue to use septic while being billed for wastewater service.
 
Mr. Vialpando’s presentation included review of existing county-wide regulations for sanitary sewer connection in accordance with Chapter 34, Articles II and II ½, of the Broward County Code of Ordinances. The presentation and WAB discussion identified several specific challenges to achieving county-wide sanitary sewer connection, including lack of an effective process for verifying and enforcing connection requirements once a sanitary sewer line has been established and the persistence of areas of the county that remain exempt from connection requirements as a function of Rural Ranches and Rural Estates land use designations. 
 
The WAB resumed this conversation at the March 29, 2019 joint WAB/TAC meeting with interest expressed in promoting incentives rather than penalties, and the need to retain options for cases of financial hardship. The WAB expressed support for initiating revisions to the County Code of Ordinances, while also soliciting a TAC report on current best practices relating to sanitary sewer connection programs and requested that draft amendments be presented for review at the next WAB/TAC meeting on May 10, 2019.
 
WAB members noted that in a community of nearly two million residents, such revisions are necessary to deliver the water quality improvements and protections intended as part of regional sanitary sewer service. This is an area of increasing importance as sea level rise affects the groundwater table and is expected to impact drainage fields and septic system performance.
 
To address these identified issues, the Office of the County Attorney is directed to revise Chapter 34, Articles II and II and ½ to 1) eliminate the current exemption of Rural Estates and Rural Ranches land use designations and 2) provide for an improved regulatory process to support connection compliance.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact associated with approval of this item.
Attachments
Exhibit 1 - Staff presentation to Water Advisory Board (dated 9/14/18)


    

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