3.06.01 - Purpose and Intent

A.

The purpose of this section is to establish standards, regulations, and procedures for the review and approval of existing and proposed development within mapped wellfield protection zones in the unincorporated area and the incorporated areas of the County. The standards and regulations of this section shall be implemented to protect existing and future wellfields, protect natural aquifer system recharge areas, protect Countywide groundwater resources, and to protect the public health and resources through regulation and establishment of standards for development involving the use, storage, generation, handling, and disposal of quantities of hazardous products and hazardous waste in excess of identified quantities, disposal of sewage and effluent, stormwater management, earthmining, petroleum exploration, solid waste, and other related aspects of land use and development.

B.

It is the intent of the BCC that this section implement and be consistent with the Collier County GMP. Implementation will provide for the long-term protection of the County's groundwater resource, and through the management of those land uses and developments within wellfield management special treatment overlay zones and Countywide groundwater protection zones, ensure short-term protection. This section is intended to be consistent with principles of property rights, as balanced with the health, safety, and welfare of the general public.

C.

In order to protect the County's potable groundwater resources, this section establishes Countywide groundwater protection standards, implemented through a Countywide groundwater protection zone, and a series of wellfield risk management special treatment overlay zones around identified public water supply wellfields. These special treatment overlay zones and groundwater protection zone form the basis of land use management prohibitions and regulations to reduce or eliminate the potential for groundwater contamination from specified land uses and activities.

3.06.02 - Protected Public Water Supply Wellfields

A.

The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as protected wellfields, around which specific land use and activity (regulated development) shall be regulated under this section.

B.

There are hereby created wellfield risk management special treatment overlay zones around each existing public water supply wellfield permitted by the SFWMD, to withdraw a minimum of 100,000 average gallons per day or more. These wellfield risk management special treatment overlay zones are generally depicted on wellfield protection zone maps and are made a part hereof as Illustration 3.06.02 A. Wellfield risk management special treatment overlay zones shall be supplemental to existing and future zoning and land use regulations, and shall not be deemed to permit or authorize any use or activity not otherwise permitted in the underlying zoning district or allowable in the underlying future land use designation.

3.06.03 - Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones

Wellfield risk management special treatment overlay zones are derived from the three-dimensional computer-modeled analysis of groundwater flow and solute transport in the County's freshwater aquifer system, as prepared and presented in a study commissioned by the County and known as the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades, 1989) (the three-dimensional wellfield study).

A.

Wellfield risk management special treatment overlay zone W-1 (zone W-1). The land area between an identified wellfield and the five (5) percent groundwater capture zone, approximating the one (1) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area shall be protected from the discharge or accidental release of contaminants from a sanitary hazard or other contaminant source, including the discharge or accidental release of hazardous products and hazardous wastes.

B.

Wellfield risk management special treatment overlay zone W-2 (zone W-2). The land area between zone W-1 and the ten (10) percent groundwater capture zone, approximating the two (2) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area shall be protected from the discharge or accidental release of contaminants, including from a sanitary hazard or other contaminant source and the discharge or accidental release of hazardous products and hazardous wastes.

C.

Wellfield risk management special treatment overlay zone W-3 (zone W-3). The land area between zone W-2 and the twenty-five (25) percent groundwater capture zone, approximating the five (5) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area may be protected from the discharge or accidental release of specific contaminants, including the discharge or accidental release of hazardous products and hazardous wastes.

D.

Wellfield risk management special treatment overlay zone W-4 (zone W-4). The land area between zone W-3 and the 100 percent groundwater capture zone for the twenty (20) year planning limit, which is the twenty (20) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area may be protected from the discharge or accidental release of specific contaminants, including the discharge or accidental release of hazardous products and hazardous wastes.

3.06.04 - Groundwater Protection

A.

There are hereby created groundwater protection special treatment overlay zones, as generally depicted on the wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A. These groundwater protection special treatment overlay zones reflect wellfield risk management zones W-1, W-2, W-3, and W-4; areas of high natural aquifer recharge in the County (ST-NAR), and the natural recharge areas of the County that require minimum groundwater protection and within which future public water supply wells may be located (GWP).

B.

Wellfield risk management special treatment overlay zones, high natural aquifer recharge special treatment zones (ST-NAR), and groundwater protection special treatment overlay zones shall be supplemental to existing and future zoning and land use regulations, and shall not be deemed to permit or authorize any use or activity not otherwise permitted in the underlying zoning district or allowable in the underlying future land use designation.

C.

The high natural aquifer recharge special overlay zones (ST-NAR) and the groundwater protection zones (GWP) are based upon:

1.

Those portions of the County identified as areas of high natural aquifer recharge to the surficial and intermediate aquifer systems (ST-NAR).

2.

The susceptibility of the surficial and intermediate aquifer systems in the County to contamination resulting from surficial activities and the need for protection of the groundwater resource as a future public water supply (GWP).

D.

High natural aquifer recharge areas (ST-NAR). These areas have not yet been defined. The prohibitions and regulations for this special treatment overlay zone shall be based upon the determination and designation of those portions of the County that naturally function as high natural recharge areas to the surficial and intermediate aquifer systems. Upon identification of ST-NAR areas, pursuant to these regulations, shall be amended to include the ST-NAR special treatment overlay zone where appropriate.

E.

Groundwater protection area (GWP). All of the County provides natural aquifer recharge to the water table aquifer, and the potential for natural aquifer recharge to the unconfined or semi-confined portions of the Lower Tamiami and Sandstone aquifers. Natural aquifer recharge from the water table aquifer constitutes approximately eighty (80) percent of the recharge to the Lower Tamiami aquifer on a regional basis. That area of the County, excluding W-1, W-2, W-3, W-4, and ST-NAR, shall be provided with a minimum level of groundwater protection and shall be designated as GWP.

3.06.05 - Annual Review of Zones

The wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A, shall be reviewed by the BCC on an annual basis, or more often as may be determined by the County Manager or designee in his discretion upon the occurrence of:

A.

Changes in technical knowledge concerning the understanding of groundwater hydraulics, as applied to the hydrogeology of applicable aquifer systems in the County.

B.

Changes in the permitted withdrawals from the identified wellfield(s).

C.

Reconfiguration of identified wellfields.

D.

The designation of new wellfield(s) as protected under this section.

E.

Availability of any other technical or scientific information relative to the aquifer systems in the County.

3.06.06 - Regulated Wellfields

The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields:

A.

City of Naples East Golden Gate Well Field.

B.

City of Naples Coastal Ridge Well Field.

C.

Collier County Utilities Golden Gate Well Field.

D.

Everglades City Well Field.

E.

Florida Governmental Utility Authority Golden Gate City Well Field.

F.

Orange Tree Well Field.

G.

Immokalee Well Field.

H.

Ave Maria Utility Company Well Field.

COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD

Illustration 3.06.06 C.
For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992

FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD

Illustration 3.06.06 E.
For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992

ORANGE TREE WELL FIELD

Illustration 3.06.06 F.
For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992

AVE MARIA UTILITY
COMPANY WELL FIELD

Illustration 3.06.06 H.
For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992

(Ord. No. 05-27, § 3.O; Ord. No. 10-23, § 3.P)

3.06.07 - Unregulated Wellfields

Wellfield risk management special treatment overlay zones, as defined in section 3.06.03 and the criteria specified in 3.06.12, shall not be applied to Port of the Islands Wellfield.

3.06.08 - Determination of Location Within Wellfield Risk Management Zones

In determining the location of regulated development within the wellfield risk management zones, the following rules shall apply:

A.

Regulated development located wholly within a single wellfield risk management zone, as reflected on the wellfield risk management special treatment overlay zone map(s), shall be governed by the restrictions applicable to that zone.

B.

Where a boundary between two (2) adjacent wellfield risk management zones, as reflected on the wellfield risk management special treatment overlay map(s), passes through the structure of a regulated development, the entire structure and regulated development shall be considered to be in the more restrictive zone.

C.

Where the site of a regulated development lies within two (2) or more wellfield risk management zones, as reflected on the wellfield risk management special treatment overlay map(s), and the structural or activity portion of the site may be confined to one (1) of the zones, then each portion of the regulated development shall be governed by the restrictions applicable to the applicable overlay zone in which the portion is located, so long as the owner and/or operator provides reasonable assurances that a discharge or accidental release will be prohibited from entering the more restrictive zone.

3.06.09 - Protection of Future Wellfields

A.

Wellfield risk management zones shall be established around those future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the surficial aquifer system.

B.

Future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the intermediate aquifer system shall be evaluated on a case-by-case basis to determine the applicability of wellfield risk management zone delineation.

C.

Wellfield risk management zones shall not be established for those future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the Floridan aquifer system.

D.

All regulated development within the wellfield risk management zones of the future public water supply wellfields shall comply with the regulations and standards of construction of section 3.06.12 and section 3.06.13 hereof, which incorporate, by reference, the state's groundwater standards of nondegradation and enhancement of groundwater.

3.06.10 - Effect of Setbacks and Buffers from Sanitary Hazards as Promulgated and Adopted in the Florida Administrative Code

The Florida Administrative Code, establishes minimum setbacks and buffers between the placement of identified sanitary hazards and public potable water supply wells. The location of the following regulated development and associated activity shall be subject to the minimum setback and buffer requirements as promulgated and adopted by the DEP, and incorporated herein by reference. For reference purposes only, the applicable setbacks from potable water wells on the effective date of this section [November 18, 1991] are as follows:

A.

Domestic wastewater treatment plant outfall, as regulated under the Florida Administrative Code, shall discharge not less than five 500 feet from an approved, but not yet constructed, potable water intake.

B.

Application of sludge, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from a shallow public water supply well, as defined in the Florida Administrative Code.

C.

The edge of the wetted area used for the application and reuse of reclaimed water, as regulated under the Florida Administrative Code, shall be no closer than seventy-five (75) feet from an existing or HRS-approved potable water supply well; and reclaimed water transmission facilities shall be no closer than seventy-five (75) feet from a potable water supply well.

D.

The edge of the pond, basin, or trench embankment used for a rapid rate land application system, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from an existing or HRS-approved potable water supply well, or 200 feet if conditions specified in the cited rule are met.

E.

The edge of a reuse absorption field, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from an existing or HRS-approved potable water supply well, or 200 feet if conditions specified in the cited rule are met.

F.

The edge of the wetted area used for effluent disposal by overland flow, as regulated under the Florida Administrative Code, shall be no closer than 100 feet from an existing or HRS-approved potable water supply well; and a reclaimed wastewater transmission facility, as regulated under the Florida Administrative Code, shall be no closer than 100 feet from a public water supply well.

G.

Domestic wastewater residuals land application, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from any shallow public water supply well.

H.

Dairy farms, regulated under the Florida Administrative Code, shall maintain a 300 feet separation between storage and treatment or high intensity areas and a drinking water supply well; and shall maintain a separation of 200 feet between land application of wastewater and a drinking water supply well. The land application of egg wash wastewater, as regulated under the Florida Administrative Code, shall be no closer than 200 feet from a drinking water supply well.

I.

Disposal of solid waste, as regulated under the Florida Administrative Code, is prohibited within 500 feet of an existing or approved shallow water supply well, unless the disposal meets the standards of the Florida Administrative Code.

J.

Any other applicable setback and buffer from a drinking water supply well required by state or federal regulations shall be applicable to any new or substantially modified regulated development after the effective date of this section [November 18, 1991].

3.06.11 - Exempted Development

The following legally existing and future development is deemed by the BCC to be exempt from the prohibitions, regulations, and standards of construction established by this section as set forth below. These exemptions shall not be construed, or otherwise interpreted to, exempt that development prohibited or regulated in section 3.06.12 hereof.

A.

Wellfield exemption. A wellfield exemption for a particular development shall not automatically expire so long as the development meets the criteria of this section. An exemption for a particular development shall be subject to revision or revocation, pursuant to the procedures in Chapter 10.

1.

The transportation of any hazardous product or hazardous waste shall be exempt from the provisions of this section, provided that the transporting motor vehicle is in continuous transit. This exemption shall not be construed to prohibit the delivery of a hazardous product or the temporary stop of such motor vehicle for such period of time as is necessary for refueling, emergency repairs, and driver comfort.

2.

The use of any petroleum product solely as a fuel in a vehicle's fuel tank or as a lubricant in a vehicle shall exempt the vehicle from the provisions of this section.

3.

The use of fertilizers containing nitrates shall be generally exempt from this section.

4.

The activities of constructing, repairing, or maintaining any facility or of facility improvement shall be exempt from the provisions of this section, provided that all contractors, subcontractors, laborers, materialmen, and their employees or agents, when using, handling, storing, producing, transporting, or disposing of hazardous products or hazardous wastes, continuously use industry standard best management practices to ensure that hazardous products, hazardous wastes, or other contaminants are not discharged or accidentally released.

5.

Application of pesticides, herbicides, fungicides, and rodenticides in any nonresidential pest control and aquatic weed control activity shall not be required to obtain a certificate to operate under this section provided that:

a.

The application of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with federal requirements §§, and as indicated on the containers in which the substance is sold or stored.

b.

The use of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with the requirements of the Florida Administrative Code.

6.

Emergency generators that are accessory to a public utility, and which will provide emergency electrical power to ensure a continuous supply of a public benefit, including, without limitation, a public potable water supply, natural gas, sewer service, and telephone service, shall not be required to obtain a certificate to operate, so long as the state-mandated setbacks and buffers as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10 hereof, are met and maintained. Emergency generators that are accessory to essential services, such as elevators in condominiums, hospitals, and other publicly accessed places, and which are connected to fuel storage tanks of less than 110 gallons, shall be exempt from regulation under this section.

7.

Retail sales establishments that store, and handle for resale, hazardous products in the substance's original and unopened individual containers, of not more than five (5) gallons or fifty (50) pounds, shall not be required to obtain a certificate to operate.

8.

Electrical power transformers that are necessary equipment to the operation of electric power utilities, which deliver essential electric service of a public benefit, including both distribution and substation power transformers, shall not be required to obtain a certificate to operate, so long as the state mandated setbacks and buffers as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10 hereof, are met and maintained.

B.

The continued wellfield exemption status of a regulated development shall be dependent upon compliance with the criteria of section 3.06.11(A) and this section. In order to ensure compliance with the criteria of section 3.06.11(A), the County may inspect the premises of the regulated development at reasonable times and after reasonable notice and consent of the owner and/or operator. Where consent has been withheld, the County may obtain an inspection warrant in the same manner as provided for in § 403.091, F.S. Agents of the County shall be provided with official identification, and shall exhibit this identification prior to any inspection.

3.06.12 - Regulated Development

A.

Generally.

1.

Unless otherwise exempted from compliance with this section, it shall be unlawful to substantially modify, replace, or maintain an existing regulated development, or to commence the operation or construction of the following regulated development in violation of the standards set forth in this section.

2.

All existing regulated development, unless otherwise expressly provided herein, shall have been constructed and permitted in accordance with applicable local, state, and federal law and regulations. All existing regulated development meeting these criteria is deemed to be legal nonconforming regulated development which shall, within one (1) year of the effective date of this section [November 18, 1991], come into compliance with the standards for existing regulated development as provided in this section.

3.

All existing regulated development not constructed and permitted in accordance with applicable local, state, and federal law and regulations, is deemed to be illegal nonconforming regulated development and shall, within one (1) year of the effective date of this section [November 18, 1991], come into compliance with the standards for future regulated development as provided in this section.

B.

Existing solid waste disposal facilities.

1.

All existing solid waste disposal facilities shall have met the applicable state-mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in 3.06.10 hereof.

2.

In zones W-1 and W-2, the owner and/or operator of an existing lawful nonconforming solid waste disposal facility shall:

a.

Monitor discharges to groundwater as provided under -the Florida Administrative Code.

b.

Comply with the operating criteria established under -the Florida Administrative Code.

c.

Submit to the County copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as submission may otherwise be required by the DEP.

3.

In zones W-3, W-4, and GWP, existing solid waste disposal facilities are not regulated under this section.

C.

Future solid waste disposal facilities. In zones W-1, W-2, W-3, and W-4, future solid waste disposal facilities are prohibited. In the GWP zone, future solid waste disposal facilities are prohibited in the absence of a wellfield conditional use permit.

D.

Existing solid waste transfer stations.

1.

In zones W-1, W-2, W-3, and W-4, the continued operation of a lawful nonconforming solid waste transfer station shall be allowed after the effective date of this section [November 18, 1991] upon the owner and/or operator of such facility obtaining a certificate to operate from the County, which shall include the following conditions:

a.

Compliance with the operating criteria established under the Florida Administrative Code.

b.

The owner and/or operator shall submit copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as may otherwise be required by the DEP.

c.

The owner and/or operator shall report any discharge or accidental release of contaminants to the County within twenty-four (24) hours of discovery.

2.

In the GWP zone, existing solid waste transfer stations are not regulated under this section.

E.

Future solid waste transfer stations.

1.

In zones W-1, W-2, and W-3, future solid waste transfer stations are prohibited.

2.

In zones W-4 and GWP, future solid waste transfer stations shall operate pursuant to a certificate to operate issued by the County, subject to compliance with the following criteria:

a.

Compliance with the operating criteria established under the Florida Administrative Code.

b.

The owner and/or operator shall submit copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as may otherwise be required by the DEP.

c.

The owner and/or operator shall report any discharge or accidental release of contaminants to the County within twenty-four (24) hours of discovery.

F.

Existing and future solid waste standard containers and solid waste bulk containers.

1.

In zones W-1 and W-2, all solid waste standard containers shall be constructed of a leakproof and nonabsorbent material, with handles, provided with a closely fitting watertight cover.

2.

In zones W-3, W-4, and GWP, solid waste standard containers are not regulated under this section.

3.

In zones W-1, W-2, W-3, W-4, and GWP, all solid waste bulk containers shall be constructed of a leakproof and nonabsorbent material, and fitted with a rainproof lid or cover.

G.

Future solid waste storage, collection, and recycling facilities.

1.

In zones W-1, W-2, W-3, W-4, and GWP, storage, collection, and recycling facilities, that do not handle hazardous products or hazardous wastes, are not regulated under this section.

2.

In zones W-1, W-2, and W-3, future solid waste storage, collection, and recycling facilities that will handle hazardous products and hazardous wastes shall be prohibited.

3.

In zones W-4 and GWP, future solid waste storage, collection, and recycling facilities are not regulated under this section.

H.

Disposal of hazardous waste. In zones W-1, W-2, W-3, W-4, and GWP, the disposal of any hazardous waste, or constituent thereof, in an existing or future landfill or other land disposal system is prohibited.

I.

Existing and future nonresidential use, handling, storage, generation, transport, or processing of hazardous products.

1.

In zones W-1, W-2, and W-3, future nonresidential development and the continued operation or use of existing nonresidential development, which, at any point in time, uses, handles, stores, generates, transports, or processes hazardous products that are not gaseous at 105 degrees Fahrenheit and ambient pressure, and are not in quantities that exceed 250 gallons for liquids or 1,000 pounds for solids, shall be allowed pursuant to the owner and/or operator of such development obtaining a certificate to operate issued by the County. The certificate to operate shall incorporate the following conditions:

a.

Existing nonresidential regulated development shall implement a detailed containment plan, approved by the county manager, and providing for containment of the hazardous product(s) which will provide for absorption of not less than an equivalent volume of the hazardous product(s), or provide for secondary containment with a volume of at least 110 percent of the largest container; or other comparable method to manage discharges or accidental releases and prevent contact with the land or waters constituting or connected to waters of the state as defined in Chapter 403, F.S. Liquid hazardous products in tanks with a capacity of greater than 250 gallons must be stored in secondary containment with a volume of at least 110 percent of the largest container, plus the displacement of that and any other tank(s) within the containment area. Rainwater may not exceed ten (10) percent of the volume in the secondary containment area at any time.

b.

Future nonresidential regulated development shall implement a detailed containment plan, approved by the County Manager or designee, in accordance with the standards set forth in subsection (1)(a) hereof, with the exception that the future regulated development shall provide for both the containment and absorption of hazardous products.

c.

Hazardous products must be removed from the secondary containment within twenty-four (24) hours of the discharge or accidental release.

d.

Submittal to the County of a fire plan approved by the local fire district.

e.

Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe the actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a hazardous product under this section,. Actions shall include first response steps to control and prohibit the discharge or accidental release of the hazardous product; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous product. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operator's designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases.

f.

The owner and/or operator of the facility shall report, to the County, discharges or accidental releases exceeding fifty (50) gallons including: date, time, product discharged or released, control measures used, quantity of product discharged or released, and disposition of recovered waste, within forty-eight (48) hours of the discharge or accidental release.

g.

Annual inspections.

2.

In zone GWP, all future and existing nonresidential development involving the use, handling, storage, generation, transport, or processing of hazardous product below the thresholds stated in section 3.06.12(I)(1), and all future and existing nonresidential development in zones W-4 and GWP involving the generation or storage of hazardous waste at or above the thresholds stated in section 3.06.12(I)(2) hereof, shall not be required to obtain a certificate to operate, but shall comply with the following:

a.

No hazardous product shall be discharged or released to any stormwater treatment system.

b.

No hazardous product shall be discharged or released to any on-site sewage disposal system not permitted for industrial or manufacturing use.

c.

No hazardous product shall be discharged or released to any wastewater treatment system not permitted for industrial waste.

d.

No hazardous product shall be discharged or released to the surface of the land or into any water constituting or connecting to waters of the state defined in Chapter 403, F.S.

e.

All hazardous products shall be retained on-site until use.

f.

All hazardous products shall be stored in rainproof and leakproof containers.

g.

Discharges or accidental release of hazardous product exceeding fifty (50) gallons shall be reported to the County within forty-eight (48) hours of discovery. The report shall indicate the date, time, product discharged or released, control measures used, quantity of product discharged or released, and disposition of recovered product.

J.

Existing and future residential use, handling, storage, generation, transport, or processing of hazardous products. The existing and future residential use, handling, storage, generation, transport, or processing of hazardous products is not regulated under this section.

K.

Existing and future nonresidential generation or storage of hazardous waste. In zones W-1, W-2, and W-3, future nonresidential facilities, and the continued operation or use of existing nonresidential facilities, that generate or store hazardous wastes, which accumulate more than 220 pounds per month or 110 gallons at any point in time, shall be allowed pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions:

1.

Existing nonresidential regulated development shall implement a detailed containment plan, approved by the County Manager or designee, and providing for containment of the hazardous waste(s), which will provide for absorption of not less than an equivalent volume of the hazardous waste(s), or provide for secondary containment with a volume of at least 110 percent of the largest container; or other comparable method to manage discharges or accidental releases, and prevent contact with the land or waters constituting or connected to waters of the state as defined in Chapter 403, F.S. Liquid hazardous wastes in tanks with a capacity of greater than 250 gallons must be stored in secondary containment with a volume of at least 110 percent of the largest container, plus the displacement of that and any other tank(s) within the containment area. Rainwater may not exceed ten (10) percent of the volume in the secondary containment area at any time.

2.

Future nonresidential regulated development shall implement a detailed containment plan, approved by the County Manager or designee, in accordance with the standards set forth in subsection (1) hereof, with the exception that the future regulated development shall provide for both the containment and absorption of hazardous wastes.

3.

Existing and future nonresidential regulated development shall comply with the following conditions:

a.

Hazardous wastes must be removed from the secondary containment within twenty-four (24) hours of the discharge or accidental release.

b.

Submittal to the County of a fire plan approved by the local fire district.

c.

Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a hazardous waste under this section. Actions shall include first response steps to control and prohibit the discharge or accidental release of the hazardous waste; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous waste. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operator's designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases.

d.

The owner and/or operator of the facility shall report, to the County, discharges or accidental releases exceeding fifty (50) gallons including: date, time, waste discharged or released, control measures used, quantity of waste discharged or released, and disposition of waste product, within forty-eight (48) hours of the discharge or accidental release.

e.

Annual inspections.

4.

In zones W-1, W-2, and W-3, all future and existing nonresidential development involving the generation or storage of hazardous waste below the thresholds stated herein, and all existing nonresidential development in zones W-4 and GWP involving the generation or storage of hazardous waste at or above the thresholds stated herein, shall not be required to obtain a certificate to operate, but shall comply with the following:

a.

No hazardous waste shall be discharged or released to any stormwater treatment system.

b.

No hazardous waste shall be discharged or released to any on-site sewage disposal system not permitted for industrial or manufacturing use.

c.

No hazardous waste shall be discharged or released to any wastewater treatment system not permitted for industrial waste.

d.

No hazardous waste shall be discharged or released to the surface of the land or into any water constituting or connecting to waters of the state as defined in Chapter 403, F.S.

e.

All hazardous waste shall be retained on-site until disposed of in accordance with applicable law.

f.

All hazardous waste shall be stored in rainproof and leakproof containers.

g.

discharges or accidental release of hazardous waste exceeding fifty (50) gallons shall be reported to the County within forty-eight (48) hours of discovery. The report shall indicate the date, time, waste discharged or released, control measures used, quantity of waste discharged or released, and disposition of recovered waste.

L.

Existing and future residential generation or storage of hazardous wastes. In zones W-1, W-2, W-3, W-4, and GWP, residential generation and storage of hazardous waste are not regulated under this section.

M.

Existing and future domestic wastewater treatment plants.

1.

All future and existing domestic wastewater treatment plants shall have been constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.11

2.

In zone W-1, all future domestic wastewater treatment plants are prohibited. The continued operation of all existing legal nonconforming domestic wastewater treatment plants shall be allowed to continue pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions:

a.

All applicable sampling requirements of the Florida Administrative Code, pertaining to monitoring of influent and effluent.

b.

All applicable groundwater monitoring requirements of the Florida Administrative Code, pertaining to groundwater monitoring, and provide the County with copies of all monitoring reports submitted to the DEP.

c.

The applicable influent and/ or effluent and groundwater monitoring reporting requirements of the Florida Administrative Code, and provide the County with copies of all monitoring reports submitted to the DEP.

3.

In zones W-2, W-3, W-4, and GWP, future domestic wastewater treatment plants and the continued operation of all existing legal nonconforming domestic wastewater treatment plants permitted for over 100,000 gpd, shall be allowed pursuant to the owner and/or operator demonstrating compliance with and incorporating the following conditions:

a.

All applicable groundwater monitoring requirements of the Florida Administrative Code, pertaining to groundwater monitoring.

b.

On a quarterly basis, the owner and/or operator shall provide the County with copies of all current monitoring reports submitted to the DEP.

N.

Existing land disposal systems for domestic wastewater treatment plant effluent.

1.

All existing land disposal systems for application of domestic wastewater treatment plant effluent shall have been constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and as incorporated by reference in section 3.06.10

2.

In zone W-1, the continued operation of all land disposal systems for the application of domestic wastewater treatment plant effluent shall be allowed pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions:

a.

All applicable sampling requirements of the Florida Administrative Code, pertaining to monitoring of wastewater effluent.

b.

All applicable surface water and groundwater monitoring as required by the DEP pursuant to the Florida Administrative Code.

c.

Reporting of wastewater effluent sampling data and surface water and/or groundwater monitoring data to the County on a quarterly basis.

d.

The wastewater treatment and high level disinfection standards identified in the Florida Administrative Code, shall be implemented for effluent land disposal systems designed to accommodate a loading rate of 2,500 gallons per acre per day.

O.

Future land disposal systems for domestic wastewater treatment plant effluent.

1.

All future land disposal systems for application of domestic wastewater treatment plant effluent shall be constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and as incorporated by reference in section 3.06.10; and must meet the high level disinfection standards as found in federal requirements.

2.

In zone W-1, future land disposal systems for the application of domestic wastewater treatment plant effluent shall operate pursuant to a certificate to operate incorporating the following conditions:

a.

All applicable sampling requirements of the Florida Administrative Code, pertaining to monitoring of wastewater effluent.

b.

All applicable surface water and groundwater monitoring as required by the DEP pursuant to the Florida Administrative Code.

c.

Reporting of wastewater effluent sampling data and surface water and/or groundwater monitoring data to the County on a quarterly basis.

d.

The wastewater treatment and high level disinfection standards identified in the Florida Administrative Code, shall be implemented for effluent land disposal systems designed to accommodate a loading rate of 2,500 gallons per acre per day.

P.

Future industrial wastewater treatment plants or facilities required to obtain an industrial wastewater permit.

1.

All future industrial wastewater treatment plants shall be constructed and permitted in accordance with applicable state law and regulations.

2.

In zones W-1, W-2, W-3, W-4, and GWP, future industrial wastewater plants and facilities subject to pretreatment standards or effluent limits for toxic pollutants, as promulgated in federal requirements, shall be permitted pursuant to a certificate to operate incorporating the conditions set forth in subsection 3.06.12(P)(3) below.

3.

In zones W-1, W-2, W-3, W-4, and GWP, future industrial wastewater plants and facilities subject to effluent limits for conventional or other pollutants, as promulgated in federal requirements, shall be permitted pursuant to a certificate to operate incorporating the following conditions:

a.

The owner and/or operator shall establish an industrial pretreatment program in accordance with the applicable categorical pretreatment standards for the specific industry as developed by the Industrial Technology Division of the United States Environmental Protection Agency Office of Water Regulations and Standards.

b.

Provision of copies of all current groundwater monitoring reports and influent and/or effluent sampling data to the County on a quarterly basis.

4.

In zone W-1, any discharge from an industrial wastewater treatment plant shall meet the high level disinfection standards set forth herein.

Q.

Existing and future collection and transmission systems.

1.

All future and existing domestic and industrial collection and transmission systems shall have been constructed and permitted in accordance with applicable County, state, and federal law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.10 hereof.

2.

All existing and future collection and transmission systems located within zone W-1 shall be inspected by the owner and/or operator at six- (6) month intervals, and any deficiency from applicable design standards shall be brought into compliance within thirty (30) days of inspection.

R.

Existing and future domestic residual disposal sites.

1.

All existing legal nonconforming and future domestic residual disposal sites shall have been constructed and permitted in accordance with County Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended or superseded, and all applicable state and federal law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.10

2.

Existing domestic disposal sites not meeting the criteria for a legal nonconforming use, shall within one year of the effective date of this section [November 18, 1991], come into compliance with the standards set forth in this section.

3.

In zone W-1, land application of class A domestic residuals shall be permitted in accordance with the standards of section 3.06.12(R)(5) below.

4.

In zone W-1, land application of class B and class C domestic residuals is prohibited in the absence of a wellfield conditional use permit.

5.

In zones W-1, W-2, and W-3, land application of domestic residual shall comply with the following criteria:

a.

Metal concentrations shall not exceed the thresholds set forth in the Florida Administrative Code.

b.

The total rate of domestic residuals applied to land shall not exceed the nitrogen uptake of the vegetation upon which the residuals are being applied, and shall be consistent with County Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended or superseded, and the Florida Administrative Code.

c.

If domestic residuals are applied to a site that is receiving reclaimed water, the nitrogen uptake calculation shall include the combined effect of nitrogen loading from both domestic residuals and reclaimed water applied to the site, as provided in the Florida Administrative Code.

d.

Land application of domestic residuals is prohibited in the absence of a wellfield conditional use permit.

6.

Minimum frequency of groundwater monitoring criteria is as follows:

S.

Existing on-site sewage disposal systems.

1.

In zones W-1, W-2, W-3, W-4, and GWP, existing on-site sewage disposal systems are not regulated under this section.

2.

Existing on-site sewage disposal systems, as defined in the Florida Administrative Code, serving existing residential structures located in zones W-1, W-2, W-3, W-4, and GWP, are not regulated under this section.

3.

At such times as any repairs are required to existing nonconforming disposal systems located within 200 feet of a public water supply well, the disposal system shall be upgraded to standards as specified for future on-site disposal systems in section 3.06.12(T) hereof, or shall be relocated outside of a radius of 200 feet from the well.

4.

On-site sewage disposal systems requiring a certificate of [to] operate under section 3.06.12(T), and serving existing industrial uses located on zones W-1, W-2, or W-3, shall be allowed to continue pursuant to a certificate to operate from the County, incorporating the following conditions:

a.

Reporting by the industrial user of all hazardous products stored or used at the subject location.

b.

Implementation of a groundwater monitoring system on the site, designed by a professional engineer or professional geologist licensed in the State of Florida, with monitoring required on a semiannual schedule for any hazardous wastes that are used or stored on the industrial site, and reporting of monitoring data to the County.

c.

Certification by a registered professional engineer that the on-site sewage disposal system meets construction and operating standards as contained in the Florida Administrative Code.

T.

Future on-site sewage disposal systems.

1.

In zone W-1, future on-site disposal systems requiring a soil absorption or infiltration area greater than 1,000 square feet shall be constructed to minimum standards contained in the Florida Administrative Code, as may be amended, and the following criteria:

a.

Wastewater shall be distributed onto the infiltration surface by means of an automatic dosing device (pump or siphon), and a low pressure lateral distribution system shall be designed as outlined in the U.S. Environmental Protection Agency Design Manual for On-Site wastewater Treatment and Disposal Systems.

b.

The design of the on-site disposal of the on-site system shall be certified by a registered professional engineer, licensed in the State of Florida, to be capable of providing a vertical separation of at least twenty-four (24) inches between the bottom of the stone fill in the drainfield (infiltration surface) and the wet seasonal high water table when the disposal system is operating at design flow.

U.

Existing and future concentrated animal feeding operations, high intensity use areas, dairy farm storage and treatment facilities, and land application of egg wash wastewater.

1.

All existing and future concentrated animal feeding operations, high intensity use areas, dairy farm storage and treatment facilities, and land application of egg wash wastewater shall be constructed and permitted in accordance with applicable state and federal law and regulations, and shall comply with the state-mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.10

2.

In the event the DEP requires an industrial wastewater permit for any of the activities regulated pursuant to the Florida Administrative Code, the development shall comply with the criteria of section 3.06.12(P).

V.

Existing stormwater management systems. All existing stormwater management systems in place and operational at the time this section becomes effective [November 18, 1991] shall be allowed to continue operation without any additional regulation under this section.

W.

Future stormwater management systems. All future stormwater management systems shall be constructed and permitted in accordance with applicable state and SFWMD law and regulations, and shall comply with state or SFWMD mandated setbacks and buffers as adopted in the Florida Administrative Code, the SFWMD's Basis of Review for Stormwater Management Systems, and as incorporated by reference in section 3.06.10

X.

Existing wells and subsurface exploration.

1.

In zones W-1, W-2, W-3, W-4, and GWP, all existing wells, which may be deemed to be abandoned within the meaning of the Florida Administrative Code, shall be plugged and grouted in accordance with those provisions.

2.

In zones W-1, W-2, W-3, W-4, and GWP, all permitted wells, temporarily inactive or standby wells, shall be fitted with a well seal meeting the criteria of the Florida Administrative Code, or blind flange within six months of the effective date of this section [November 18, 1991].

3.

In zones W-1, W-2, W-3, W-4, and GWP, all other unpermitted, inactive wells that do not meet construction standards specified in sections 90-1—90-8 Code of Laws, shall be plugged and grouted within one year of the effective date of this section [November 18, 1991].

4.

In zones W-1, W-2, W-3, W-4, and GWP, existing monitoring wells, that require a well construction permit pursuant to the permit procedures set forth in Chapter 10, shall be secured with a locking cap/seal within six months of the effective date of this section [November 18, 1991].

5.

In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste shall not be disposed of by injection well, and injection wells, other than water resource related wells, are prohibited.

Y.

Future wells and subsurface exploration.

1.

In zones W-1, W-2, W-3, W-4, and GWP, all new wells, including without limitation, monitoring, drinking water, exploration, and irrigation wells, shall be constructed in accordance with -the standards in the Construction Standards Manual; section 3.06.11 of this section; and the Florida Administrative Code. In no event shall the inside diameter of such well casing be less than four (4) inches.

2.

In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste may not be disposed of by injection well, and injection wells, other than water resource related wells, are prohibited.

Z.

Existing and future excavations and mining operations.

1.

In zones W-1, W-2, W-3, W-4, and GWP, all future and existing excavation and mining operations shall be in compliance with sections 22-106—22-119 Code of Laws.

2.

In zones W-1, W-2, W-3, W-4, and GWP, future excavation and mining operations, and the continued operation of existing legal nonconforming excavations and mining operations, shall be allowed pursuant to the owner and/or operator complying with the following conditions: Implementation of a County-approved stormwater drainage system, incorporating best management practices for handling vehicle fuel, hydraulic fluids, lubricants, and related materials, that will divert stormwater runoff from material processing and vehicle maintenance and storage areas away from mining excavation areas.

AA.

Existing and future petroleum exploration and production facilities.

1.

In zones W-1 and W-2, future petroleum exploration or production facilities, and expansion of existing petroleum exploration or production facilities, shall be prohibited.

2.

In zones W-3 and W-4, the siting of future petroleum exploration and production facilities is prohibited in the absence of a wellfield conditional use permit.

3.

In zone GWP, future petroleum product exploration shall be prohibited from directional drilling through any potable water aquifer within the vertical projection of the map boundaries of the wellfield risk management special treatment overlay zones.

3.06.13 - Countywide Groundwater Protection Standards

A.

Groundwater classification and criteria. The BCC adopts, by reference, and shall, to the extent permitted by general law and interpretations of courts of competent jurisdiction, be authorized concurrently with the DEP to enforce within the County, the requirements of the Florida Administrative Code with regard to groundwater protection standards, as may be amended on the effective date of this section [November 18, 1991], including all rules referenced therein.

B.

Recharge of aquifers.

1.

The BCC finds that the criteria and standards for ensuring recharge to the surficial aquifer system, as set forth in the SFWMD's Basis of Review for Stormwater Management Systems, are adequate to address aquifer recharge at this time. This finding does not preclude the County from developing additional criteria and standards at a future time.

2.

In zones W-1, W-2, W-3, W-4, and GWP, all new or substantially modified development, for which site plan approval is required pursuant to this LDC, shall ensure compliance with all applicable design criteria for recharge to the surficial aquifer system as set forth in the SFWMD's Basis of Review for Stormwater Management Systems.

C.

Inspections.

1.

Reasonable notice. To ensure compliance with the criteria of this section and section 3.06.12, the County may inspect the premises of a noncertificated but regulated development, reasonably believed to be a source of potential groundwater contamination, at reasonable times and after reasonable notice and consent of the owner/operator.

2.

Inspection warrants. Where consent has been withheld, the County may apply for and obtain an inspection warrant in the same manner as provided for in § 403.091, F.S.

3.

Identification. Agents of the County shall be provided with official identification, and shall exhibit this identification prior to any inspection.

4.

General prohibitions. Discharges to sinkholes or other karst-related features with a direct hydrologic connection to the surficial or intermediate aquifer systems shall be prohibited. This prohibition shall not be interpreted or implemented to preclude aquifer recharge or other well injection authorized under section 3.06.12(Z).