It is hereby ascertained, determined, and declared that:
(A) Pursuant to Art. VIII, Section 2(b), Florida Constitution; Fla. Stat. § 166.021(1); and Article I, City Charter, the City of Palm Bay ("City"), through the City Council, has all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law.
(B) Fla. Stat. § 381.00655, requires the owners of on-site sewage treatment and disposal systems ("OSTDS") to connect to an available publicly owned or investor-owned sewage system within a specified period of time after receiving written notification that the system is available for connection.
(C) Fla. Stat. § 381.00655, expressly states that it does not limit the power of a municipality to enforce other laws for the protection of the public health and safety.
(D) Fla. Stat. § 180.02, authorizes the City to create a zone by ordinance and prescribe reasonable regulations requiring all persons and entities within that zone to connect to public sewer and alternative water systems when available and further provides that the City may extend this zone up to five miles outside of the corporate limits.
(E) The growing population of the City, the increasing contamination of groundwater and surface water and multiple devastating algae blooms that have occurred in the Indian River Lagoon in recent years, combined with the continued use of septic tanks constitutes a danger to the public health and requires connection of all developed properties to central wastewater treatment facilities whenever and wherever it is physically feasible.
(F) The connection of all developed properties to a central wastewater treatment system and the elimination of OSTDS promotes the health, safety, and welfare of all residents of the City by protecting and preserving natural resources and the quality of the environment through the elimination of potential sources of potable and surface water pollution and contamination.
(G) Properties within the City may obtain potable water from private wells, the water from which is not subject to the comprehensive contaminant testing and other regulations imposed pursuant to the Safe Drinking Water Act (42 U.S.C. § 300f et. seq.).
(H) A 2009 U.S. Geological Survey study of over 2,000 private wells across the United States found that about twenty-three percent (23%) had at least one contaminant at a level of potential health concern.
(I) The contamination of private drinking wells represents a threat to the health, safety, and welfare of the citizens of the City, which the City desires to address and alleviate through the connection of all developed properties to central potable water treatment and distributions systems whenever and wherever physically feasible.
(Ord. 2023-101, passed 11-2-23)