• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Floida Sewer Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Floirda

I just received a certified letter from Wakulla County requiring that I hookup to the County’s sewer system within 365 days. Problem is the closest sewer is across a US highway (US 98), so the only way I could comply is to trench across the highway or jack and bore under it. Florida law and county code requires connection if it is “available”, but I can find no definition of what “available” means.

I would be ok with this if the sewer were on my side of the highway or if connection was reasonable, but it really is not. I currently have a functioning septic system that works without problems, and has been working for years. This is for my office, a very small building (less than 1000 sf) with just one bathroom and little sewer use, less than a house. The area is zoned commercial, but is not very commercial and pretty rural in character. There are no threatened water bodies or springs nearby. The sewer across the street has been there many years. It is not clear to me what triggered this, there is nothing new. I have tried calling the county but apparently they sent out so many of these letters that the person who deals with it is too busy to answer the phone or to call back.

Anyone know what the interpretation of available for this purpose in Florida?

Does the county have any obligation to extend the sewer to my side of the highway?

Can I be forced to bear the expense of going under a US highway? If so my total hookup cost will probably equal the currently assessed value of the building!

Here is an excerpt from the applicable statue, the county one is worded similarly:

381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements.

(1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability………….
 


FarmerJ

Senior Member
Bob seriously your best shot likely is with a real estate atty because of the highway being there. A question though, have you met any other owners on your side of the highway and learned if they got the same letter? By chance are any of the nearby lot owners on your side of the highway planing on redeveloping ( housing ) ? reason I ask is that if you are forced to connect is there a chance that the local govt would later on permit others to hook onto line you would have paid for ? see where Im going on this is if there is a chance that land on your side of the highway will be developed in the future then it would make a stronger argument that they should extend the line to your side so all possible future owners could connect. I agree the concept of available in that ord is vague. unfortunately vague is good for them (county)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top