HomeMy Public PortalAbout1997 Sanitary Sewer.tifMETROPOLITAN DADE COUNTY FLORIDA
METRO-DADE
ENVIRONMENTAL RESOURCES MANAGEMENT
OFFICE OF THE DIRECTOR
33 5 W 2nd AVENUE
MIAMI FLORIDA 33130 1540
(305) 372 6754
FAX (305) 372 6759
CERTIFIED MAIL NO Z 280 509-014
RETURN RECEIPT REQUESTED
November 17 1997
Mr Sam Kissinger
85 W McIntyre Street
Key Biscayne FL 33149
RE. Village of Key Biscayne
area bounded by Crandon Blvd m the east Biscayne Bay
m the west Heather Drive in the north and Seaview and Mashta Drives
in the south
TO WHOM IT MAY CONCERN
Enclosed herewith is a copy of Board Order No 97 49 adopted by the Dade County Environmental
Quality Control Board approving your application on the above described property Please note the
conditions under which said approval was granted inasmuch as strict compliance therewith will be
required
Once the use has been estabhshed failure to maintain compliance with any of the required conditions will
result m the immediate issuance of a civil violation notice for each condition violated
If you have any questions regarding this matter do not hesitate to contact me at (305) 372 6524
Sincerely
Enrique A Cuellar Chief
Code Coordination and
Public Hearings
EAC/AP ea
cc EQCB File
REC. 1 774-31479
97R356322 1997 AUG f_'17 10;15
BEFORE THE METROPOLITAN DADE COUNTY
ENVIRONMENTAL QUALITY CONTROL BOARD
In Re
Board Order No. 97-49
Village of Key Biscayne
THIS MATTER came before the Board upon a request by
Petitioner, Village of Key Biscayne, for an extension of time
for compliance with the requirements of Section 24-13 (7) of
the Code of Metropolitan Dade County, Florida. This request
is to allow approximately 800 properties in Key Biscayne to
continue using their septic tank systems once the Village
completes construction of public sanitary sewers in those
portions of the Village not currently served. The subject
properties are located in that area bounded by Crandon
Boulevard in the east, Biscayne Bay in the west, Heather Drive
in the north and Seaview and Mashta Drives in the south, all
in Key Biscayne, Florida, and more particularly described in
Exhibit "A" attached hereto and incorporated herein by
reference.
Section 24-13 (7) of the Code of Metropolitan Dade County
requires that all properties served by on -site sewage disposal
systems be connected to public sanitary sewers whenever same
become available and operative in right-of-ways or easements
abutting the properties. All of the properties encompassed by
this request are served by public water mains.
The Board finds that the Petitioner proposes to build a
sanitary sewer collection and transmission system to serve
those areas of the Village which currently do not have public
sanitary sewers. The implementation of such system is in
conformance with the Village's Comprehensive Development
Master Plan which mandates that sanitary sewers be made
available to all presently unserved areas by the year 2006.
The Board also finds that the Petitioner proposes that the
connection of individual properties be deferred until either
the septic tank and/or drainfield system serving the property
fails; or improvements or repairs to the property exceeding
fifty percent of its value are performed; or if there is a
change in ownership of the property. The Board finds that the
Petitioner stated that because of the rate of septic tank
failures, the extent of substantial improvements to Key
Biscayne properties and the high rate of real estate
transactions in the Village, it is not anticipated that the
properties will remain unconnected for long. In addition, the
Petitioner states that failure to obtain certain relief from
the Code mandated connection requirements, could jeopardized
the project's implementation.
RE C: I7743p 4?9t
Finally the Board finds that the requested extension of time
for compliance with Code requirements will not be detrimental
to the public health, welfare and safety, will not create a
nuisance and will not materially increase the level of
pollution in this County.
ACCORDINGLY, IT IS
ORDERED AND ADJUDGED that based upon the evidence and
testimony presented and the foregoing findings, Petitioner's
requested extension of time for compliance be and the same is
hereby granted subject to the following conditions:
1. That this extension of time shall apply to
single family or duplex residences only.
2. That connection to the public sanitary sewers
shall be effectuated whenever any of the
following occurs: the existing septic tank
and/or drainfield fails; or improvements or
repairs to a property exceed the property's
value by more than fifty percent; or a change
in property ownerships occurs; or no later
than ten (10) years after completion and
certification of the sanitary sewer system.
3. The Village of Key Biscayne, once the ten (10)
year extension of time is over, may come
before the Board for an additional extension
of time for only five (5) years.
Done and Ordered this 12th day of June
Florida.
1997 in Miami,
n Pistorino, P.E.
ing Chairman
RE . I TT4Jf t4? 1.
FILING AND ACKNOWLEDGMENT
Filed on this 28th day of July , 1997 with the Secretary
of the Board as Clerk of the Environmental Quality Control
Board, receipt of which is hereby acknowledged and the seal of
the Board affixed below.
hn W. Renf'roo, P.E.
cretary and Clerk
Approved as to form and legal sufficiency:
Robert A. Ginsburg
County Attorney
Attorney for the Board
er S. Tell
Assistant County Attorney
SEAL
Uc.. 17743P�4?92
REC
Area bounded by Crandon Boulevard to the East; Biscayne Bay to the West; West
Heather Drive to the North; and Seaview / Mashta Drives to the South.
RECORDED !N OFFfCfAL RECORDS BOOK
OF DADE COUNTY, FLORIDA.
RECORD VERIFIED
HARVEY HUNAN
CLERK CIRCUIT couRr