§ 134-56. Definitions and abbreviations.

(a)

Definitions. For the purposes of this article, the following terms, phrases, and words, shall have the meaning specified herein. When not inconsistent with the context, words in the present tense include future tense, words used in the singular number include the plural, and words used in the plural include the singular. "Shall" is always mandatory; "may" is discretionary. Definitions in this ordinance supersede definitions in the Standards Manual to the extent of any conflict between a definition in this ordinance and a definition in the manual. No definition in this ordinance shall be construed to affect any definition in the Florida Administrative Code or any other administrative regulation of any superior government agency unless such F.A.C. or other governmental regulation's definition can lawfully be expanded, contracted or otherwise amended by this ordinance and the apparent intent of the conflicting definition in this ordinance is to amend the scope or application of the respective conflicting exterior definition. Many of these definitions contain substantive provisions. The fact that a substantive provision is contained in a definition does not affect full applicability of each such substantive provision.

Adequate public facilities letter : Written verification prior to submittal of construction documents from another utility (including a municipal owned or other government owned or controlled utility, or privately owned or franchised utility) that demonstrates that concurrency requirements are firmly complied with. This letter shall clearly verify the type and capacity of potable water, non-potable irrigation water and/or wastewater utility services that is available to provide each such utility capacity to serve the specific structure, building or unit, as well as any restrictions, conditions and requirements the utility may have regarding issuance of a binding written commitment for service to each such proposed structure, building and unit. Refer to subsection 134-57(a)(6) herein.

Availability letter : Written documentation stating water and/or sewer service is available to the applicant via then existing utility lines adequate to serve each such structure, building and unit(s). This written documentation must be provided by designee of the respective utility (including the district when the district is the provider); and no guarantee is issued that adequate capacity will be available to the respective structure, building and unit until each such structure, building and unit has received its capacity commitment for the respective utility service.

Board : Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and, where appropriate, as the ex-officio governing board of the Collier County Water-Sewer District (including the Goodland Sub-District) and every other future sub-district of the district.

Collier County Water-Sewer District (CCWSD) or district : An independent special district within Collier County that is defined in the Special Act, Chapter 2003-353, as such Act may be amended, and is governed by the board of county commissioners.

Collier County Water-Wastewater Authority : A five-member authority appointed by the board of county commissioners consisting of three technical and two lay members, having a wide range of regulatory authority regarding the approval of rates, service area boundaries, customer/utility disputes, and quality of service issues related to certificated private, investor-owned water and wastewater utilities operating in unincorporated Collier County and the City of Marco Island. A Collier County Board (authority) created and empowered by Article VIII of the Collier County Code of Laws and Ordinances (the same being Ordinance No. 96-6, as amended).

Construction document : Construction drawings, technical specifications, hydraulic design reports, Florida Department of Environmental Protection ("FDEP") permit applications, plats, where required, and other supportive documents and data necessary to permit the review of proposed potable water, non-potable irrigation water and/or wastewater system additions, extensions and/or improvements. An engineer's report must also be included, with a summary of the proposed construction, including connections, phasing, assumptions, and estimated total flows.

Construction document modification : Revised construction document(s) that include a written technical description of all modifications.

Contractor : Individual, partnership, agency, organization, corporation or the like licensed in the State of Florida to perform underground utility construction in Collier County.

Contractual guarantee : A construction and maintenance agreement guarantee on streets, sidewalks, stormwater system, etc., that all subdivision developers are required to provide along with the utilities performance security guarantee.

County : Includes Collier County, the Board of County Commissioners of Collier County, Florida, and/or the duly authorized staff, agent or representative acting on behalf of the board of county commissioners, to supervise and/or manage the operations of the publicly owned potable water, non-potable water and wastewater systems, and whose duties include administration of this article. Shall also include the district unless the specific the context does not reasonably permit such construction.

County inspector : A representative of Collier County designated to provide periodic inspection of all potable water, non-potable irrigation water and/or wastewater systems.

County utility easement (CUE) : An easement conveyed to the county and/or district to use land for operation and/or maintenance of utility systems and/or utility facilities.

Customer : means each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc. Customer does not refer to each individual served.

Developer: Any individual, partnership, corporation, owner, sub-divider, including a governmental agency, or designated agents, successors, or assigns, or such other entity that proposes and/or undertakes the construction of potable water, non-potable irrigation water and/or wastewater systems, or portion(s) thereof, to provide service for any property or properties, area, development or subdivision in which the potable water, non-potable irrigation water and/or wastewater systems might sometime be connected to a potable water, non-potable water irrigation or wastewater system of Collier County Water-Sewer District (CCWSD).

Development services advisory committee (DSAC): A 15-member committee created pursuant to Ordinance No. 95-60 to provide reports and recommendations to the board of county commissioners, to assist in the enhancement of the operational efficiency and budgetary accountability within the growth management and public utilities departments, and to serve as a primary communications link between the departments, the development industry and the citizens and residents of Collier County.

Deviation: Requested variation from the requirements of this article or the Collier County Standards Manual requiring written approval from the public utilities department administrator or designee(s).

Distribution mains : Potable water or non-potable irrigation water mains less than 16" in diameter that distribute water at the project or customer level.

District: See definition of Collier County Water-Sewer District.

District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. The following areas are not included in the District's Service Area (1) All geographic areas within the geographic boundaries of each municipality as those municipal boundaries existed on the effective date of Chapter 2003-353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal corporation) as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter 2003-353, Laws of Florida); and (3) all area within the geographic boundaries the Immokalee Water and Sewer District; and (4) all area within the geographic boundaries of each utility service area then actively certificated to the subject utility by the Collier County Water-Wastewater (or hereafter by the Florida Public Service Commission in the event the County cedes such Chapter 367, Florida Statutes, jurisdiction back to the FPSC (for as long as such certificated area is viable). Except as to the geographic areas listed herein, this section applies to each person or entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or proposing construction of such facilities and/or system, who or which is providing or proposes to provide any such service, or any combination thereof, within the unincorporated area of the county except:

(1)

Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water; and

(2)

Subject to Chapter 2003-353, Laws of Florida, such facilities or system(s) owned, operated, managed, or controlled by another government or governmental agency.

Subject to Chapter 2003-353, Laws of Florida and to other then applicable Florida Special Acts, if any, and subject to then applicable federal Laws, if any, and general law of Florida, the district's service areas may from time-to-time be expanded, contracted or otherwise changed by resolution of the board or by Collier County Ordinance, or by amendment to Chapter 2003-353, Laws of Florida, a Special Act that controls the powers of the board and the Collier County Water-Sewer District.

Dual system: A utility system within a development comprised of a non-potable irrigation water system and a potable water system.

Easement : An interest in land granted to holder by owner of land. Such grant entitles holder to specific limited uses of said land. Holder can be person, persons or the general public.

Effluent : The treated liquid end product of a wastewater treatment facility that is reused as reclaimed water for irrigation or other approved non-potable purposes.

Engineer of record : The "project engineer," a registered professional engineer of record, responsible for: 1) the preparation of plans, specifications and other related design documents for the potable water, non-potable irrigation water and/or wastewater systems being constructed within Collier County and 2) certifying the project, including transportation and stormwater facilities, upon completion.

Facility : See definition of water facility and wastewater facility.

Fees : The non-reimbursable monetary compensation rendered to the county for construction document review and inspection service provided.

Final acceptance : Acceptance by the board of potable water, non-potable irrigation water and/or wastewater systems at least one year after preliminary acceptance, and after satisfactory completion of all final acceptance obligations.

Final acceptance obligations : These include reimbursed recording fees, one-year sewer viewer report and video, final utility inspection, and final attorney's affidavit.

Growth Management Department: A department of Collier County which, for purposes of this article, shall be responsible for processing, reviewing and approving potable water, non-potable irrigation water and/or wastewater construction requests, pursuant to the terms and conditions of this article and/or the LDC, including the engineering evaluation, design and construction of potable water, non-potable irrigation water and/or wastewater utility systems. As outlined herein, and as set forth in the LDC, the "community development and environmental services administrator" shall mean the engineering review services division director (county engineer).

Inspection : Periodic construction site visits by a county representative, the purpose of which is to ascertain/ensure compliance with county-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), after completion of construction (for preliminary acceptance prior to conveyance of the required potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof to the district), and after the one year contractual guarantee period (for final acceptance of the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the county).

Interim utility facility or interim utility system, (and utility facility): A potable water, non-potable irrigation water distribution, transmission, treatment, and/or supply system, a wastewater collection, transmission, treatment and/or disposal system, which meets all applicable rules and regulations associated with any federal, state or local regulatory authority, and which is owned by the applicant/developer or other person/entity other than the Collier County Water-Sewer District (CCWSD) and which, upon completion, or anytime thereafter is capable to be dedicated to the CCWSD. All such interim facility and/or interim system shall remain interim until such time (if and when) each interim facility (or facilities) and/or interim system is interconnected into the district's system to be served by the district's system and the interim facilities and/or interim system has been dedicated to the district pursuant to paragraph 10 in Section 5 of Chapter 2003-353, Laws of Florida.

Internal non-potable irrigation water distribution system : Any non-potable irrigation water distribution system not owned by the county or the district and located beyond the master meter assembly on the development side.

Irrigation system : Any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful, necessary or having the then present capacity for future use in connection with the development of sources, treatment and distribution of irrigation water, and, without limiting the generality of the foregoing, includes dams, walls, meters, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes constructed or installed for the purpose of carrying irrigation water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof.

Irrigation water : Potable, reclaimed and/or supplemental water artificially applied to lands to meet the water needs of growing plants; excludes rainfall.

Lateral sewer : A sewer that discharges into a branch or other wastewater system and has only building wastewater tributary to it.

LDC: Collier County Land Development Code.

Looping of water main : Interconnection of a development's potable water main(s) to minimize dead ends to promote the flow of potable water throughout a project and/or development.

Master meter : A radio read water meter that measures the total gallons of water used in a specific project, development or portion thereof other than service to separate, individual units.

Master pumping station : A pumping station that has gravity flow or force mains from other master stations or submaster pumping stations pumping into it, which then pumps into another master station or into a force main that pumps to the water reclamation facility; has standby power.

Meter : A device that measures the total gallons of water passing through a pipe.

Master plan development : A tentative plan showing the proposed development of a tract of land for which development is to be carried out in one or more stages. (See site alteration plan, site development plan, and site improvement plan as defined in the LDC.)

Modification fee : Fee for revisions to county-approved construction documents, as requested by the engineer of record, when such revision necessitates an additional review and approval process. Revisions requested by the county or the district are exempt from this fee.

Non-potable water: Water that is not suitable for drinking, culinary, or domestic purposes, including reclaimed or supplemental water; effluent, well, stormwater and/or surface water.

Non-potable water system: See definition under supplemental water system and reclaimed water system.

Non-potable water facility: A facility used as a source of water for irrigation, cooling, or other approved, non-consumptive purposes. Facilities used as a source for drinking, culinary or domestic purposes are excluded from the definition of non-potable water facility.

Ordinance : Throughout this article "the ordinance" or "this ordinance" shall include the Collier County Utilities Standards Manual and to all documents incorporated by reference in the manual unless such inclusion is clearly not intended according to the context in the manual.

Person or entity : Individual, partnership, agency, association, private or public corporation, organization, or political subdivision or the like which desires to construct potable water, non-potable irrigation water, and/or wastewater system additions, extensions and/or improvements and/or requires the services of the county or the district.

Potable water: Water that does not contain objectionable pollutants, contamination, minerals, or infective agents and is classified by law, rule or regulation as being acceptable for drinking, culinary, or domestic purposes.

Potable water facility: Facility used as a source for drinking, culinary, or domestic purposes.

Potable water system: See definition under water system.

Preliminary acceptance : Potable water, non-potable irrigation water and wastewater systems conveyance to the board after satisfactory completion of inspections, tests, and certifications but not including final inspections.

Probable cost of construction : Cost estimate prepared by the engineer of record for proposed potable water, non-potable irrigation water, and/or wastewater system additions, extensions and/or improvements which are required to be submitted to the county or the district for review.

Project : Potable water, non-potable irrigation water and/or wastewater system additions, extensions and/or improvements illustrated and described in the construction documents for the development of land in the unincorporated areas of Collier County.

Public utilities department: A department of the Collier County government comprised of various departments including, but not limited to, the water and wastewater departments. The public utilities division is responsible for the management, operation and maintenance of the Collier County Water-Sewer District. The public utilities department, together with the growth management department shall have the responsibility to approve potable water, non-potable irrigation water (in dual systems) and wastewater systems requests, as well as engineering evaluations, including, but not limited to, the design and construction of all potable water, non-potable irrigation water, and wastewater systems eligible to be conveyed to the board for ownership and maintenance as outlined herein.

Reclaimed water : Water from a wastewater treatment facility that has received at least secondary advanced treatment and high-level disinfection and is used or useable for some beneficial non-potable, non-culinary, non-domestic purpose such as irrigation.

Reclaimed water system : A network of pipes, pumping facilities, and appurtenances designed to convey and distribute reclaimed, supplemental, or a combination of reclaimed and supplemental water to one or more users; part of county's or district's non-potable irrigation water system. Reclaimed water systems referred to in this article refer to county-owned or district owned reclaimed system pipes six inches in diameter or greater, up to and including the master meter assembly and backflow device.

Record drawings : Drawings that accurately identify the final, fixed constructed configuration of a utilities facility and/or system, including the drainage system.

Review fee : Fee for work incurred by the county or the district to review and approve potable water, non-potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements.

Reuse : The deliberate application of reclaimed water for a beneficial non-potable, non-culinary, and non-domestic purpose such as irrigation.

Right-of-way : A strip of land, public or private, occupied or intended to be occupied by, or for repair of, a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage, potable water or non-potable irrigation water main, sanitary or storm sewer main, or for similar use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, or as an easement, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and is not included within the dimensions or areas of such lots or parcels.

Service : Work incurred by the county or the district to review and approve potable water, non-potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements. May also mean water service—See definition of water service herein.

Service area : The geographical area(s) described in a franchise certificated area or other form of approval granted by the board of county commissioners and/or the water-wastewater authority to a utility to provide utility service within the described boundary of such area(s). The geographical area(s) may also be referred to as "territory" or "certificated area."

Sewer lateral : A gravity sewer pipe extending from the gravity sewer main to the customer's point of connection at the public right-of-way or county or district's utility easement limit.

Sewer system: See definition under wastewater system.

Staff or county staff: Refers to the Collier County employee(s) authorized to perform the respective act or decision.

Standards manual or manual: The "Collier County Water-Sewer District Utilities Standards Manual," as adopted by the board of county commissioners concurrently with the 2004 utilities standards and procedures ordinance, including all of its exhibits, consisting of, but not necessarily limited to, all technical standards, specifications, detail drawings, utility deviation forms, water meter sizing and impact fee form, final waiver of liens, and utilities conveyance documents checklists for potable water, non-potable irrigation water and wastewater systems.

Subdeveloper : Refers to each individual or entity that develops, constructs or installs improvements to the real property in part of the development other than the developer of the development, including, but not limited to, each such sub-owner, builder, contractor, promoter, lessee, or tenant of improvements to real estate within the development when not acting as an agent of the developer, and after completion of such improvements, the title-holder of those improvements is not the developer and, therefore, the developer will not normally have the requisite authority to convey title of those facilities to the county or to the district without authorization from the subdeveloper.

Submaster pumping station : The main pumping station of a subdivision that receives flow from other pumping stations and/or gravity flow which then pumps into a master pumping station or county or district force main; does not have standby power.

Supplemental water : Non-potable ground water, stormwater or surface water.

Supplemental water system : A system of pipes, pumps and all other appurtenances or equipment needed to collect, transport and distribute supplemental water; part of county's or district's non-potable irrigation water system.

Transmission mains : Potable water mains 16 inches in diameter and larger that distribute water over a regional or sub-regional area, and non-potable water mains six inches in diameter or greater. Also includes water mains used to transport well water from a well to a potable water treatment plant.

Unincorporated area : All geographic areas in Collier County not within the boundaries of any municipal corporation as of the effective date of Chapter 2003-353, Laws of Florida. In the context of this article all areas hereafter annexed into a municipal corporation shall remain classified as being unincorporated to the extent that such annexed area is within the district's then existing service area.

Utility : Any person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a system, or proposing construction of a system, who or which is providing or proposes to provide potable water and/or non-potable irrigation water, or bulk water, and/or wastewater service, or any combination thereof, within any unincorporated area of the county to the public for compensation, but excluding only the following:

(1)

Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water; or

(2)

Such systems owned, operated, managed, or controlled by a governmental agency; or

(3)

Manufacturer providing such utility service(s) solely in connection with its own manufacturing operations; or

(4)

Public lodging establishment providing such utility service(s) solely in connection with lodging service to its guests; or

(5)

Landlord or homeowners' association providing such utility service(s) to their own tenants or unit owners without specific compensation for any such utility service; or

(6)

Potable water system and/or wastewater system which has a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or

(7)

Utility deriving less than 50 percent of its revenues from unincorporated areas of the county, with the balance derived from the incorporated area. Any Utility which derives 50 percent or more of its revenues from the unincorporated areas of the county shall be subject to the provisions of this ordinance only as they relate to rates, fees, and charges charged by the utility in its unincorporated area(s); or

(8)

Utility system that is then serving less than 100 customers with non-potable irrigation water, potable water and/or wastewater service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc.

(9)

Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities.

(10)

Systems not owned by the utility that are downstream from the utility's master meter and are operated and sub-metered by a master metered customer of the utility for resale to individual residential or commercial consumers occupying property owned or otherwise lawfully controlled by that master metered customer.

Utility company : A telephone, electric, gas, cable, etc. company such as, but not limited to, Florida Power and Light, Spring, Comcast and Time Warner.

Utility construction document : See definition under construction document.

Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the county or the district, prior to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, district, or other appropriate water-sewer district, or upon completion of the utility system(s) or portion(s) and the non-utility systems and portions thereof when construction occurs on private property. (Refer to section 134-58(e): Utilities performance security.)

Wastewater : The combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions, together with any groundwater infiltration, surface runoff, or leachate that may be present.

Wastewater facility : The structures, equipment and processes required to treat and store domestic and industrial wastes, and dispose of the effluent and sludge.

Wastewater system : Any and all plant, system, facility or property, and additions, extensions and improvements thereto at any future time constructed for acquisition as a part thereof, useful, necessary or then having capacity for future use in connection with the collection and treatment of wastewater, and/or disposal of wastewater effluent of any nature, originating from any source, and without limiting the generality of the foregoing; includes treatment plants, pumping stations, lift stations, deep injection wells, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of wastewater from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof.

Water facility : The structures, equipment and processes required to treat and store water.

Water service : A water service installation which includes: tapping saddle, corporation stop, service line and radio read meter installation, meter box, wye, curbstop, and backflow prevention device, if required, extended to property line or utility easement limit.

Water-sewer district : See definition under Collier County Water-Sewer District.

Water system : Any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as a part thereof, useful or necessary or having the then present capacity for future use in connection with the development of sources, treatment or purification and distribution of potable water, and, without limiting the generality of the foregoing, includes dams, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying potable water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof.

(b)

Abbreviations.

ANSI	American National Standards Institute
ASTM	American Society for Testing and Materials
AWWA	American Water Works Association
BCC	Board of County Commissioners
CCWSD	Collier County Water-Sewer District
CPI	Concrete Pipe Institute
CUE	County Utility Easement
DCA	Department of Community Affairs
DSAC	Development Services Advisory Committee
ERP	Environmental Resource Permit
FAC	Florida Administrative Code
FDEP	Florida Department of Environmental Protection
FDOT	Florida Department of Transportation
GIS	Geographic Information System
GMD	Growth Management Department
LDC	Land Development Code
MSW	Municipal Solid Waste
NAD	North American Datum
NEC	National Electrical Code
NEMA	National Electrical Manufacturers Association
NFPA	National Fire Protection Association
NPDES	National Pollutant Discharge Elimination System
NWRI	National Water Research Institute
PE	Professional Engineer
PUD	Public Utilities Department (can also mean Planned Unit Development)
PWA	Preliminary Work Authorization
ROW	Right-of-Way
SDP	Site Development Plan
SFWMD	South Florida Water Management District
SIP	Site Improvement Plan
UPS	Utilities Performance Security
USACE	U.S. Army Corps of Engineers
WEF	Water Environment Federation

 

(Ord. No. 04-31, § 6; Ord. No. 07-60, § 1; Ord. No. 2018-36, § 1)