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17 A .
AGREEMENT BETWEEN
GROVE LAND UTILITIES , LLC
AND
INDIAN RIVER COUNTY, FLORIDA
THIS AGREEMENT is made and entered into this 23 day of March , 2010 , by
and between the Indian River County Board of County Commissioners , and Grove Land
Utilities , LLC , a Florida limited liability company (hereinafter referred to as "Grove Land") (each
a "Party" and collectively the "Parties") .
RECITATIONS
1 . On or about September 11 , 2009 , Grove Land filed an application before the
Florida Public Service Commission ("FPSC ") for the certification of a public utility with
territory in St . Lucie County, Indian River County and Okeechobee County, PSC Docket No .
090445 -WS (the "Application") .
2 . On or about October 7 , 2009 , Indian River County ("Indian River") filed an
objection to the Application with the FPSC , attached hereto as Exhibit "A" , raising certain
concerns as set forth therein .
3 . The Parties hereto desire to enter into this Agreement to resolve Indian River' s
concerns with respect to the Application .
NOW, THEREFORE , for and in consideration of the mutual promises , covenants,
representations , and warranties entered into between the Parties , and in consideration of the
benefits to accrue to each, it is agreed as follows :
1 . Recitations Incorporated : The above recitals are true and correct, and are hereby
incorporated herein by specific reference .
2 . Compliance with Comprehensive Plan :
a. Any development of a wastewater treatment plant and related pipelines , lift stations and
other wastewater treatment facilities , constructed within Grove Land ' s territory in Indian River
County (as more specifically described in Exhibit "B " attached hereto) and serving residential
development or non- agricultural commercial development (collectively a " Package Treatment
Plant " ) , shall comply with the requirements of the Indian River County Comprehensive Plan (the
"Comp Plan") , in its current form as of the date of this Agreement, governing Package Treatment
Plants , as set forth in Objective 6 of the Sanitary Sewer Sub -Element of the Comp Plan , attached
hereto as Exhibit " C " .
b . Any development of a potable water plant and related pipelines , pumps and other potable
water facilities , constructed within Grove Land ' s territory in Indian River County and serving
residential development or non- agricultural commercial development (collectively a "Privately
Owned Public Water Plant " ) , shall comply with the requirements of the Comp Plan , in its current
F0104185v5 1
form as of the date of this Agreement, governing Privately Owned Public Water Plants , set forth
in Objective 6 of the Potable Water Sub -Element of the Comp Plan, attached hereto as Exhibit
„ D '
C , Any development, as defined in § 380 . 04, Fla Stat . (2009) , (but excluding water or
wastewater facilities specifically addressed by Sections 2 . a. , 2 . b . and 3 of this Agreement) built
within Grove Land's territory in Indian River County must comply with the Comp Plan then in
effect, and Grove Land shall not provide water or sewer service to any development that is
inconsistent with the provisions of the Comp Plan.
3 . Preemption by Public Service Commission : A water or wastewater treatment
plant serving a biofuel or other alternative energy facility or energy related uses , or serving
agriculture or agriculture related uses, or serving a surface water cleansing, retention or treatment
facility, shall not be considered a Package Treatment Plant or Privately Owned Public Water
Plant for the purposes of this Agreement . Grove Land shall be permitted to provide water and
wastewater services to the foregoing uses , pursuant to applicable regulation by the FPSC and/or
the Florida Department of Environmental Protection ("FDEP " ) , which shall preempt any
regulation by Indian River. Any water or wastewater treatment plant serving the foregoing uses
constructed within Grove Land ' s territory in Indian River County shall also be required to
comply with the applicable requirements of the Indian River County Land Development Code
relating to site planning and construction permitting .
4 . County Review : Indian River shall have the right to review and approve the
engineering plans for any Package Treatment Plant or Privately Owned Public Water Plant to be
constructed within Grove Land ' s territory in Indian River County. Indian River shall provide
approval or comments on any such engineering plans submitted to Indian River within forty- five
(45 ) days of receipt of such plans . Approval of such engineering plans shall not be unreasonably
withheld . Requiring Grove Land to design such Package Treatment Plant or Privately Owned
Public Water Plant to include either (a) significant overcapacity (above the capacity required by
FDEP) , thereby resulting in materially increased costs to utility rate payers , or (b) design
elements that the FPSC would deem "not used or useful", and therefore would prohibit Grove
Land from charging rate payers for the cost of such design elements , shall be considered
"unreasonable" for purposes of this Agreement . Any Package Treatment Plant or Privately
Owned Public Water Plant constructed within Grove Land ' s territory in Indian River County
shall also be required to comply with the applicable requirements of the Indian River County
Land Development Code relating to site planning and construction permitting .
5 . Withdrawal of County Objection : Promptly upon the execution of this
Agreement, Indian River agrees to file with the FPSC a withdrawal of its objection to the
Application, together with a copy of this Agreement to be included as a part and condition of the
FPSC approval of the certificate requested by the Application .
6 . Notification of Communication with Public Service Commission : After Grove
Land receives FPSC approval of the Application, Grove Land and its successors and assigns
shall copy Indian River (at the addresses provided below) on any written request or inquiry to the
FPSC , potentially affecting its property or operations in Indian River County.
F0104185v5 2
7 . Notices : The Parties designate the following persons to be contacted and to
receive all notices regarding this Agreement :
If to Indian River, such notice shall be addressed to Indian River at :
County Administration Office
1801 27th Street
Vero Beach, Florida 32960 - 3365
Attention : County Administrator
With a copy to :
Indian River County Attorney ' s Office
1801 27th Street
Vero Beach, Florida 32960 -3365
Attention : County Attorney
If to Grove Land, such notice shall be addressed to the Utility at :
Grove Land Utilities, LLC
660 Beachland Boulevard
Vero Beach, FL 32963
Attention : Ron Edwards
With a copy to :
Dean, Mead, Minton & Zwemer
1903 South 25th Street
Suite 200
Fort Pierce, FL 34947
Attention : Michael D . Minton
Any Notice or other document required or allowed to be given pursuant to this
Agreement shall be in writing and shall be delivered personally, or by overnight courier, or sent
by Certified Mail , Postage Prepaid, Return Receipt Requested. The use of electronic
communication is not considered as providing proper notice pursuant to this Agreement .
8 , Assignment : This Agreement shall be binding upon, and inure to the benefit of,
both Indian River ' s and Grove Land ' s successors and assigns .
9 . Beneficiaries : This Agreement is solely for the benefit of Indian River and Grove
Land and no other causes of action shall accrue upon or by reason hereof to or for the benefit of
any third party, who or which is not a Party to this Agreement .
10 , Amendment : This Agreement cannot be modified or amended except by a written
instrument executed by all Parties and supported by valid consideration.
F0104185v5 3
11 . Enforcement : Grove Land and Indian River recognize that this Agreement
creates a valid enforceable contract between the parties hereto and that either party may enforce
the provisions contained herein by seeking all available remedies through the judicial court
system or through the appropriate administrative agency.
12 . Applicable Law and Venue : This Agreement will be interpreted in accordance
with the laws of the State of Florida. Venue for any action related to , arising out of, or in any
way connected to this Agreement shall be in the state and federal courts located in and for Indian
River County, Florida, and the Parties agree to submit to the jurisdiction of such courts , provided
however, that to the extent that any such action is more appropriately within the jurisdiction of
any other administrative tribunal or court, the Parties shall submit to such jurisdiction .
13 . Entire Agreement and Effective Date : This Agreement constitutes the entire
agreement and understanding between the Parties with regard to the content herein and has been
entered into voluntarily and with independent advice and legal counsel and has been executed by
authorized representatives of each Party on the date written above . This Agreement shall
become effective (the "Effective Date") when the last party to this Agreement executes the
Agreement . There are no representations , warranties or covenants of any nature, oral or written ,
which are not included herein .
14 . Approvals : This Agreement does not grant any development approvals or commit
Indian River to grant any development approvals . Nothing in this Agreement shall be deemed to
have vested Grove Land with any development rights without such rights being approved by the
required Indian River County entity at open meetings pursuant to law and pursuant to appropriate
comprehensive plan amendments, land development regulations, and development orders .
Nothing contained in this Agreement shall be interpreted as to deny any resident of Indian River
County the right to challenge a development order issued by Indian River County, for
inconsistency with the Comp Plan .
15 , Severability: If any provision or part of a provision of this Agreement shall be
determined to be void or unenforceable by a court of competent jurisdiction , the remainder of
this Agreement shall , to the extent possible to ensure that the Agreement satisfies the intent of
the Parties , remain valid and enforceable by any Party.
16 . Construction of Agreement : If any provision of this Agreement requires judicial
interpretation, the Parties agree that they have each collectively participated in the negotiation
and drafting of this Agreement and that there shall be no judicial or other presumption against
either Party regarding the construction of this Agreement .
17 . Time is of the Essence : Time is of the essence with respect to each provision of
this Agreement .
18 , Interpretation : Words used in this Agreement in the singular shall be held to
include the plural and vice versa, and words of one gender shall be held to include other genders
as the context requires . The terms hereof, herein, and herewith and words of similar import shall
be construed to refer to this Agreement in its entirety and not to any particular provision unless
otherwise stated .
r01041850 4
19 . Counterparts : This Agreement may be executed in a number of identical
counterparts . If so executed , each of such counterparts is to be deemed an original for all
purposes and all such counterparts shall , collectively, constitute one agreement, but, in making
proof of this Agreement, it shall not be necessary to produce or account for more of such
counterparts than are required to show that each party hereto executed at least one such
counterpart .
[ SIGNATURE PAGE TO FOLLOW]
F01041850 5
IN WITNESS WHEREOF , the Parties have executed this Agreement effective as of the
date set forth above .
BOARD OF COUNTY COM,M1SSIO:NERS
11 0INDIAN RIVER COUNTY, FLORIDA -
ATTEST
Jeffrey K . Barton, Clerk of Circuit
Court and ex - Officio Clerk to the
Board of County Commissioners Peter D . O Bryan ' Chai'n' al
By :
Deputy Clerk
Approved as to form and le al sufficiency :
J
George Glenn , Assistant County Attorney
GROVE LAND UTILITIES , LLC , a Florida
limited liability company Ro
By : r% t� C(
Ronald L . Edwards , Manager
STATE OF FLORIDA
COUNTY OF ,
The foregoing instrument was acknowledged before me this k-day of
20105 by RONALD L . EDWARDS , as Manager of GROVE LAND UTILITIES ,
LL , a Florida limited liability company. Said person (check one) A personally known to me ,
❑ produced a driver' s license (issued by a state of the United States within the last five (5 ) years)
as identification, or ❑ produced other identi c eon, to wit :
\Izr' nt Nam .�DEL
Notary Public , State of Florida
Commission No . : �DD73 7
>P ^kr, fart rry Public State of Florida
`fi1L ` -r ; Turner-Bunneli
§ My Commission DD749397
or eve "' Expires 01116/2012
F0104185v4 6
Exhibit " A"
Indian River County Objection
BOARD OF COUNTY COMMISSIONERS
OPI7CE OF CO UNTY A TTORNE Y
William G . Collins II , County Attorney
William K. DeBraal, Deputy County Attorney
George A. Glenn, Assistant County Attorney .0
October 7 , 2009 �LORT�4`
Office of the Commission Clerk Docket No . 090445-WS
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee , FL 32399- 0850
Re : Application of Grove Land Utilities , LLC to operate a Water and Wastewater
Utility in Indian River, Okeechobee and St . Lucie Counties , Florida
Gentlemen :
Indian River County recently was informed by the St . Lucie County Attorney of the
proposed Grove Land Utilities ( Utility) application pending before the Florida Public
Service Commission . The forwarded application states in paragraph 5 that " the Utility
will provide notice of the Application by regular mail to . . . Indian River County' . As of the
date of this letter, the only verified notice of application that Indian River County can
confirm is the notice provided by the St. Lucie County Attorney as a. courtesy .
Indian River County objects to the creation of any utility that conflicts with its state
mandated comprehensive land use plan . The comprehensive land use plan mandates
that any centralized sanitary sewer service and potable water service shall be limited to
areas within the County 's Urban Service Area ( USA) or limited areas outside the USA if
permitted by comprehensive plan . In no event may these systems be extended 500 feet
from the USA.
The locations proposed to be served by this Utility are prohibited by the County ' s
Comprehensive Plan . Further , the approval and permitting of these facilities so far away
from the County ' s existing USA would promote urban sprawl as defined by the Fla .
Admin . Code 9j -5 , 003 .
Please consider this letter as an objection by Indian River County to the proposed Grove
Land Utilities , LLC application for the water and wastewater systems . I have attached
pertinent provisions of the Indian River County Comprehensive Plan for reference .
Please contact me should have any further questions . .
Sincerely yours ,
ArTX440�
George A . Glenn
Assistant County Attorney
(� �j 6
1801 2711, Street , Fero Beach , Florida 32960-3365 (772) 226-1424 • rax (771) 6169.1 . 70 OCT
ircattorney(rtyircgov. com
ri c , t ,
Page 1 of 6
Florida Public Service Commission
October 7 , 2009
Page 2
1 hereby certify that on the 7th day of October 2009 , this Objection was filed with the
Office of Commission Clerk , Florida Public Service Commission , 2540 Shumard Oak
Boulevard , Tallahassee , Florida 323099-0850 and mailed to Grove Land Utilities ,
LLC , 660 Beachland Boulevard , Suite 301 , Vero Beach , Florida 32963 .
George Glenn
Assistant County Attorney
Indian River County
1801 27th Street
Vero Beach , FL 32960
Florida Bar No . 28992
Telephone: (772) 226- 1424
Facsimile : ( 772) 569-4317
Page 2 of 6
POLICY 5 . 8 : Consistent with the policies of the :Future Land Use Element of this plan ,
provision of centralized sanitary sewer service shall be limited to the following areas :
Areas within the Urban Service Area ;
Areas where the county has legal commitments to provide facilities and
services as of the date of adoption of this plan ;
Areas outside of the Urban Service Area where at least a portion of the site is
contiguous to an Urban Service Area boundary as depicted on the Official Future
Land Use Map. These areas are subject to the following provisions;
The maximum density of such land shall be as shown on the Future
Land Use Map, and the provision of centralized sanitary sewer service shall
not be justification for an increase in maximum density ;
Sanitary sewer line extensions shall be limited to laterals and minor
lines connecting land uses to main lines; and
In no case shall centralized sanitary sewer lines. be permitted to extend
more than 500 feet from the centerline of a .roadway which is an Urban
Service Area boundary, or more, than 500 feet from the Urban Service Area
boundary when the boundary is not a roadway .
Development projects located outside of the Urban Service Area that meet
the criteria of the policies of the Future Land Use Element for:
o clustering of residential development within agricultural areas ;
o clustering of residential development within privately owned
upland conservation areas ;
o clustering development within mixed use districts ; or
o traditional neighborhood design communities ;
o public facilities such as public schools
Areas where, consistent with Sanitary Sewer Sub -Element Policy 2 . 4 , the lack of
centralized sanitary sewer service is determined to be a public health tlueat, o
. . r
r CO
O ca
Un
Page 3 of 6
POLICY 6. 1 : The county shall limit the use of package wastewater treatment systems to
areas that meet the following criteria governing connection to the county sanitary sewer
system :
Development served by existing package treatment plants may continue to
treat their sewage in that manner until centralized service becomes available. At that
time , al l development within % mile of a county sewer line shall be connected to the
county system . Developments whose sewage treatment systems cause a public
health problem must connect to the regional system regardless of the distance to
sewer lines .
Package treatment plants shall be allowed in areas of development outside of
the Urban Service Area when such development meets the criteria of policies of the
Future Land Use Element for :
clustering of residential development within agricultural areas;
clustering of residential development within privately owned
upland conservation areas;
clustering development within mixed use districts ; or
tradition neighborhood design communities .
POLICY 6 . 2 : The county shall ensure that, prior to the issuance of development orders or
permits, the applicant has demonstrated that the project complies with applicable federal ,
state, and local permit requirements for package treatment plants .
POLICY 6 . 5 : The county shall require all new package wastewater treatment plants to be
built according to current federal , state , and cowlty requirements. In addition to obtaining a
county permit demonstrating compliance with county regulations , any developer building
and operating a package wastewater treatment plant must obtain a state permit
demonstrating compliance with state and federal regulations. Those regulations include but
are not limited to the Federal Water Pollution Control Act of 1. 972 (PL 92 - 500) and its
amendments through the Clean Water Acts of 1977 (PL 95-217) and 19 $ 1 (PL 97- 117),
Chapters 381 and 403 of the Florida Statutes, and :Rules 17-3 and 17-6 of the Florida
Administrative Code. Both state and county permits are required for the construction of a
plant , and for any future expansion or modification of a plant .
POLICY 6 . 6 : At the time the county approves any new package treatment plants , the county
will require, that at the time deemed appropriate by the county , the package treatment plant
shall be dedicated to the county for operation and maintenance .
Page 4 of 6
i
POLICY 5 , 7 : Consistent with the policies of the Future Land Use Element of this plan,
provision of potable water service shall be limited to the following areas :
• Areas within the Urban Service Area;
• Areas where the county has legal commitments to provide facilities and services as
of the date of adoption of this plan ;
• Areas outside of the Urban Service Area where at least a portion of the site is
contiguous to an . Urban Service Area boundary as depicted on the Official Future
Land Use Map . These areas are subject to the following provisions :
O The maximum density of such land shall be as shown on the Official Future
Land Use Map , and the provision of centralized potable water service shall
not be justification for an increase in maximum density;
O Potable water line extensions shall be limited to laterals and minor lines
connecting land uses to main lines; and
O In no case shall centralized potable water Iines be permitted to extend
more than 500 feet from the centerline of a roadway which is an Urban
Service Area boundary, or more than 500 feet from the Urban Service
boundary when the boundary is not a roadway .
• Development projects located outside of the Urban Service Area that meet the
criteria of the policies of the Future Land Use Element for :
O clustering of residential development within agricultural areas ;
O clustering of residential development within privately owned upland
conservation areas ;
O clustering development within mixed use districts; or
O traditional neighborhood design communities .
O public facilities such as public schools .
• Areas where, consistent with Potable Water Sub- Element Policy 2 . 4 , the risk of
private well contamination is determined to be unacceptably high.
• Approved agricultural businesses where at least a portion of the development site is
located within one mile of a public roadway which serves as an Urban Service Area
boundary as depicted on the Official Future Land Use Map .
Page 5 of 6
POLICY 6 . 1 : The county shall limit the use of Privately Owned Public Water Plants to
areas that meet the following criteria governing connection to the county potable water
system :
• Development served by existing Privately awned Public Water Plants may continue
to provide potable water in that manner until centralized service becomes available .
At that time, all development within '/ mile of a county water line shall comiect to
the county system . Developments whose potable water system cause a public health
problem must connect to the regional system regardless of the distance to water
lines.
• Privately owned public water treatment plants shall be allowed in areas of
development outside of the Urban Service Area when such development meets the
criteria of policies of the Future Land Use Element for :
• clustering of residential development within agricultural areas ;
• clustering of residential development within privately owned upland
conservation. areas ;
• clustering development within mixed . use districts ; or
• traditional neighborhood design communities .
POLICY 6 . 2 : The county shall ensure that, prior to the issuance of development orders or
permits for privately owned public water treatment plants, the applicant has demonstrated
that the project complies with the Federal Safe Drinking Water Act, Public Law 93 - 523 ; the
Florida Safe Drinking Water Act, Section 403 . 850 - 4030864 , FS ; Chapter 381 , FS ; and
Rules 62- 550 , 40C- 2 , 40C- 3 , 17-22 , and 64E- 8 , FAC ,
POLICY 6 . 5 ; The county shall require all new privately owned public water treatment plants
to be built according to the current federal , state, and county requirements . In addition to a
county permit demonstrating compliance with county regulations, any developer building
and operating a privately owned public water treatment plant must obtain a state permit
demonstrating compliance with state and federal regulations . Those regulations include but
are not limited to the Federal Safe Drinking Water Act, . Public Law 93 - 523 ; the Florida Safe
Drinking Water Act, Section 403 . 850 - 403 . 864, FS; Chapter 381 , FS ; and Rules 62-550 ,
40C-21 40C-3 , 17-22 , and 64E- 8 , FAC . Both state and county permits are required for the
construction of a plant, and for any future expansion or modification of a plant .
POLICY 6 . 6 : At the time the county approves privately owned public water treatment
plants, the county will require that, at the tinge deemed appropriate by the county , the water
treatment plant shall be dedicated to the county for operation and maintenance .
Page 6 of 6
Exhibit " B "
Grove Land ' s Territory in Indian River County
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Exhibit " C "
Objective 6 of the Sanitary Sewer Sub - Element
Coma ehensive Plan Sanitary Sewer Sub-Element
OBJECTIVE 6 Package Treatment Plants
Through 2020 , there shall be no instances of package treatment plant failures , or illegal or unsafe
package treatment plant discharges .
.. POLICY 6 . 1 : The county shall limit the use of package wastewater treatment systems to
ureas that meet the following criteria governing connection to the county sanitary sewer
system:
® Development served by existing package treatment plants may continue to treat their
sewage in that manner until centralized service becomes available . At that time,. all
development within 1/a mile of a county sewer line shall be connected to the county
system. Developments whose sewage treatment systems cause a public health
problem must connect to the regional system regardless of the distance to sewer lines . .
® Package treatment plants shall be allowed in areas of development outside of the
Urban Service Area when such development meets the criteria of policies of the
Future Land Use Element for :
0 clustering of residential development within agricultural areas ;
o clustering of residential development within privately owned upland
conservation areas ;
o clustering development within mixed use districts ; or
o tradition neighborhood design communities .
POLICY 6 .2 : The county shall ensure that, prior to the issuance of development orders or
permits , the applicant has demonstrated that the project complies with applicable federal ,
state , and local permit requirements for package treatment plants .
POLICY 6 .3 : The county shall require that issuance of permits for. replacement or- expansion
of existing package treatment plants be conditioned upon compliance with the most updated
version of DEP regulatory requirements and Federal and State water quality standards as
identified in the "Regulatory Framework" section of the sub-element.
POLICY 6 .4 : To ensure proper maintenance and operation, the Utilities Department shall
inspect all package treatment plants on an annual basis .
Community Development Department Indian River County 42
Page 1 of 2
Comprehensive Plan Sanitary Sewer Sub-Element
POLICY 6 . 5 .The county shall require all new package wastewater treatment plants to be
built according to current federal, state, and county requirements . In addition to obtaining
a county permit demonstrating compliance with county regulations, any developer building
and operating a package wastewater treatment plant must obtain a state permit demonstrating
compliance with state and federal regulations . Those regulations include but are not limited
to the Federal Water Pollution Control Act of 1972 (PL 92- 500) and its amendments through
the Clean Water Acts of 1977 (PL 95 -217) and 1981 (PL 97 - 117), Chapters 381 and 403 of
the Florida Statutes , and Rules 17-3 and 17-6 of the Florida Administrative Code. Both state
and county permits are required for the construction of a plant, and for any future expansion
or modification of a plant.
POLICY 6 . 6 : At the time the county approves any new package treatment plants, the county .
will require, that at the time deemed appropriate by the county, the package treatment plant
shall be dedicated to the county for operation and maintenance.
POLICY 6 . 7 : The county shall continue to enforce ordinances requiring pre-treatment of
commercial and industrial waste before discharge into the county system.
POLTCY 6 . 8 : The county shall require all future connections to the regional sanitary sewer
system to be consistent with the attached water and wastewater connection matrix .
Page 2 of 2
Exhibit " D "
Objective 6 of the Potable Water Sub - Element
Comprehensive Plan Potable Water Sub Element
OBJECTIVE 6 Privately Owned Public Water Plants
Through 2020 , there shall be no instances . of Privately Owned Public Water Plant failures or
breakdowns -
POLICY 6 . 1 : The county shall limit the use of Privately Owned Public Water Plants to areas
that meet the 'following criteria governing connection to the county potable water system:
® Development served by existing Privately Owned Public Water Plants may continue
to provide potable water in that manner until centralized service becomes available .
At that time, all development within 1/ mile of a county water line shall connect to
the county system. Developments whose potable water system cause a public health
problem must connect to the regional system regardless of the distance to water lines .
• Privately owned public water treatment plants shall be allowed in areas of
development outside of the Urban Service Area when such development meets the
criteria of policies of the Future Land Use Element for:
• clustering of residential development within agricultural areas ;
• clustering of residential development - within privately owned upland
conservation areas;
• . clustering development within mixed use districts ; or
• traditional neighborhood design communities .
POLICY 6 . 2 : The county shall ensure that, prior to the issuance of development orders or
permits for privately owned public water treatment plants , the applicant has demonstrated
that the project complies with the Federal Safe Drinking Water Act, Public Law 93-523 ; the
Florida Safe Drinking Water Act, Section 403 . 850 - 403 . 8647 FS ; Chapter 381 , FS ; and Rules
62-5507 40C-29 40C-35 17 -22, and 64E4 , FAC.
POLICY 6 .3 : The county shall require that issuance of permits for replacement or expansion
of existing privately owned public water treatment plants be conditioned upon compliance
with the most updated version of DEP regulatory requirements and Federal and State water
quality ' standards as identified in the "Regulatory Framework" section of this sub-element.
POLICY 6.4 : To ensure proper maintenance and operation, the Utilities Department shall
inspect all privately owned public water treatment plants on an annual basis.
POLICY 6 . 5 : The county shall require all new privately owned public water treatment plants
to be built according to ' the current federal, state,. and county requirements . In addition to a
county .permit demonstrating compliance with county regulations, any developer building and
operating a privately owned public water treatment plant must obtain a state permit
demonstrating compliance with state and federal regulations . Those regulations include but
Community Development Department
Supplement 3 ; Ordinances 2001408 & 20014109 Indian River County 37
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Comprehensive Plan Potable Water Sub-Element
are not limited to the Federal Safe Drinking Water Act, Public Law 93-523 ; the Florida Safe
Drinking Water Act, Section 403 . 850 - 403 . 864, FS ; Chapter 381 , FS ; and Rules 62-550,
40C-2, 40C-3 , 17-22, .and 64E- 8 , FAC . Both state and county permits are required for the
construction of a plant, and for any future expansion or modification - of a plant.
POLICY 6.6: At the time the county approves privately owned public water treatment plants,
the county will require that, at the time deemed appropriate by the county, the water
treatment plant shall be dedicated to the county for operation and maintenance.
POLICY .6.7 : The county shall require all future connections to the regional potable water
system to be consistent with the attached water and wastewater connection matrix.
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