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DSAC Agenda 03/07/2018OSAC Meeting March 7, 2018 3:00 PM 2800 N. Horseshoe Drive Growth Management Department DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA March 7, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. Call to Order — Chairman II. Welcome new committee member Jeff Curl III. Approval of Agenda IV. Approval of Minutes from February 7, 2018 V. Public Speakers VI. Staff Announcements/Updates A. Code Enforcement Division update — [Mike Ossorio] B. Public Utilities Department update — [Tom Chmelik or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates — [Jay Ahmad or designee] D. Collier County Fire Review update — [Shawn Hanson and/or Shar Hingson] E. North Collier Fire Review update — [Dale Fey] F. Operations & Regulatory Mgmt. Division update — [Ken Kovensky] G. Development Review Division update — [Matt McLean] VII. New Business A. LDC Amendments update [Jeremy Frantz] B. Review proposed Pollution Control ordinance [Danette Kinaszczuk] VIII. Old Business IX. Committee Member Comments X. Adjourn Next Meeting Dates: April 4, 2018 GMD conference Room 610 — 3:00 pm May 2, 2018 GMD conference Room 610 — 3:00 pm June 6, 2018 GMD conference Room 610 — 3:00 pm Page 1 of 1 February 7, 2018 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, February 7, 2018 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room 4609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Brad Schiffer Chris Mitchell Robert Mulhere Mario Valle (Excused) Norman Gentry Marco Espinar (Absent) Ron Waldrop Laura Spurgeon DeJohn Jeremy Sterk (Vacancy) ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Mike Ossorio, Director, Code Enforcement Division Caroline Cilek, Manager, Plan Review and Inspection Lorraine Lantz, Transportation Engineering Matt McLean, Director, Development Review Ken Kovensky, Director, Operations and Regulatory Management February 7, 2018 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00pm 11. Approval of Agenda Mr. Schiffer moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 11 - 0. III. Approval of Minutes from December 6, 2017 Meeting Mr. Foley moved to approve the minutes of the December 6, 2017 Development Services Advisory Committee meeting as presenter. Second by Mr. Mulhere. Carried unanimously 11 - 0. IV. Approval of DSAC/LDR minutes from November 13, 2017 (Only Committee members Clay Brooker, Robert Mulhere, Blair Foley and Brad Schiffer are to vote on this) Mr. Schiffer moved to approve the minutes of the November 13, 2017 Land Development Review Subcommittee meeting as presenter. Second by Mr. Mulhere. Carried unanimously 4 - 0. V. Selection of Chair and Vice Chair Mr. Mulhere moved to appoint William Varian as Chairman of the Development Services Advisory Committee. Second by Mr. Foley. Carried unanimously 10 — 0. Mr. Varian abstained. Mr. Mulhere moved to appoint Blair Foley as Vice Chairman of the Development Services Advisory Committee. Second by Chairman Varian. Carried unanimously 10 — 0. Mr. Foley abstained Ms. Spurgeon-DeJohn arrived at 3: OSpm VI. DSAC Position Vacancy Review & Vote 1. Jeff Curl — Category: Landscape Architect Discussion occurred to ensure a landscape architect was permitted to sit on the Committee and a review of the Ordinance governing the Development Services Advisory Committee determined the profession is eligible for a seat. Additionally, there is no landscape professional seated and it would be beneficial for the input given the landscape issues that confront the Committee from time to time. Mr. Schiffer moved to recommend the Board of County Commissioners appoint Jeff Curl to the Development Services Advisory Committee. Second by Mr. Dunnavant. Carried unanimously 12 -0. VII. Public Speakers None VIII. Staff Announcements/Updates A. Code Enforcement Division update — [Mike Ossoriol Mr. Ossorio provided the report "Code Enforcement Division Monthly Report November 22, — December 21, 2017 and January 1, 2017 — December 31, 2017 Highlights"" for information purposes. He noted: 2 February 7, 2018 • The year end review indicated voluntary compliance in code enforcement actions was at 50% in 2017 and a goal has been set to reach 75% compliance in 2018. • The Division is undertaking re -staffing assignments for the Immokalee area to assist in enforcement actions. • A Request for Proposal was issued for the Special Magistrate services. • The vendor contract for litter abatements, mowing, etc. is out to bid. • Staff continues to remove unauthorized temporary snipe signs, especially during weekend events. B. Public Utilities Division update — [Tom Chmelik or designee] Mr. Fey reported: • Staff reviewed the concern brought forth on the pump station failure at the Golden Gate High School emergency shelter during Hurricane Irma and determined the station is operated by the School District. There is a generator on site to service the station however it could not be started by those present. Discussions are underway with the School District to determine the feasibility of Public Utilities acquiring and maintaining the stations. • The Division continues to work with Stantec Consulting Services, Inc. to address deviation forms, ability to serve letters, etc. The goal is to improve the level of service in these areas. C. Growth Management Department/Transportation Engineering and/or Planning — [Jay Ahmad or designee] Ms. Lantz reported: • Public meetings were held with 8 Homeowner Association to garner input on the proposed intersections improvements for Pine Ridge Road/Livingston Road and the I-75/Pine Ridge Road area. Over 300 participants attended the meetings to provide input. Most did prefer an overpass for Livingston Road, however there are cost concerns with the proposal. • Staff will be scheduling meetings with business owners/operators and the Aviano Homeowner's Association in the future to obtain further comments. • At this point, Staff is recommending a Continuous Flow Intersection (CFI) for the Livingston Road area and a Superstreet/Diverging Diamond at the I-75 location (this would potentially be completed by Florida Department of Transportation). • The item is scheduled to be presented to the Board of County Commissioners on March 27, 2018 for direction on design concepts. • The CFI would take approximately 2 years to complete and 2 — 4 years for the overpass. D. County Fire Review update — [Shar Hingson and/or Shawn Hanson] Ms. Hingson reported: • Site Plan reviews are at a 2 day turnaround, building plan review 3 day turnaround and inspections occurring within 1- 2 days. • There are now tax incentives for those choosing to install sprinkler systems with a 100 percent tax deduction for those installed between 2017 and 2022 with a depreciation schedule for following years. E. North Naples Fire Review update — [Dale Fey] None February 7, 2018 F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the "Collier County December 2017 Monthly Statistics" and "Collier County January 2018 Monthly Statistics " which outlined the building plan and land development review activities. The following was noted during his report: • Submittals remain at a high level with 5,300 permit applications accepted in January of 2018 compared to 2,900 in January 2017. Approximately 1/3 of the applications are related to Hurricane Irma. • The rate of electronic submittals is now at 45 percent. • Inspections are occurring at a rate of 18,000 — 20,000 monthly. • Staffing levels continue to be monitored including discussion with the Office of Management and Budget on how to address the issue given the shortage of workers in the local labor pool. The Committee: Noted it is important Staffing levels are addressed to ensure the County meets the expectations of the development community. Reported another issue to be addressed is parking availability in the area given the high demand placed on the facility — Staff noted they are aware of the issue and our reviewing options such as allowing certain employees to take vehicles home after work and identifying any off site parking options which may exist in the neighborhood. Requested Staff to investigate the requirements for the consulting architect to provide a notarized signature as the applicant's representative which may be an impediment during the electronic application process. G. Development Review Division update [Matt McLean] Mr. McLean reported: • Staff is reviewing the standards for excavation permits for independent applicants to ensure the bonding requirements are sufficiently met during the process. This may include requiring the bond to be posted before review of an application. • Any party instituting landscape changes as a result of hurricane damage are urged to contact Staff to ensure they are meeting any County requirements for vegetation removal, replacement, etc. There are different requirements for manual vs. mechanical clearing including allowance of exotics to be removed manually without a permit, however any clearing of land over 1 acre in area requires a permit. • Staff is reviewing the requirements for "closing out" permits including standards for Temporary and Permanent Certificates of Occupancy. • A workshop will be held by Staff for any interested individuals for the County's Utility and Site Acceptance process. • A Preserve Management Plan requires a Fire Management Plan to burn debris in the protected area given dead and decaying debris is considered to be part of the natural habitat of the area. IX. New Business Ms. Cilek reported the County is repealing and replacing the Flood Damage Prevention Ordinance based on recent changes to the Florida Building Code. A Committee will be assembled to assist in the endeavor. February 7, 2018 X. Old Business None XI. Committee Member Comments None XII. Adjourn Next Meeting Dates March 7, 2018 GMD Conference Room 610 — 3:00 pm April 4, 2018 GMD Conference Room 610 — 3:00 pm May 2, 2018 GMD Conference Room 610 — 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:52PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board/Chairman on as presented , or as amended Code Enforcement Division Monthly Report January 22, 2018 — February 21, 2018 Highlights • Cases opened: 803 • Cases closed due to voluntary compliance: 340 • Property inspections: 2791 Lien searches requested: 1149 Trends This report reflects monthly data from: January 22 thru February 21, 2018 Origin of Case 5000 4500 4000 3500 ■ Code Div. Initiated Cases 3000 ■ Complaint Initiated Cases 2500 2000 i 1500 1000 869 500 352 0 2017 2018 This report reflects monthly data from: January 22 thru February 21, 2018 January 22, 2018 — February 21, 2018 Code Cases by Category Vegetation Animals Requirements 1% Snipe signs omitted 3%N Accessory Use 3% Vehicles Land Use 20% -13% Noise 2% Site Development 8% WNuisance Abatement Signs 22% 3% 7m"�w Right of Way Occupational Licensing 4% Property Maintenance Parking Enforcement 1% 13% 3% Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary-conditions,—no-runningwater,-green-pools,--structuretn disrepair,—etc. Protected Species -Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects mon-Wy data from: January 22 thru February 21, 2018 January 1, 2018 — January 21, 2018 Code Cases by Category Site Ri@ Vegetation Animals Reauirements tted Noise 2% tement icensing This report reflects monthly clata from: January 22 thru February 21, 2018 16% 2% Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles fighting, bald eagles, etc. Right of Way Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly clata from: January 22 thru February 21, 2018 EXECUTIVE SUMMARY Recommendation to advertise a public hearing to consider the adoption of a new ordinance to be called the Pollution Control and Prevention Ordinance, consolidating, repealing and replacing Ordinance No. 87-79, regarding the Transportation and Disposal of Sludge and repealing Resolution No. 88-311 regarding fees for sludge transportation and disposal permits. This proposed ordinance will be in addition to Ordinance No. 89-20, the existing Collier County Water Pollution Control Ordinance. OBJECTIVE: To provide updates, clarifications, and additional environmental protection through the adoption of, at a future publicly advertised meeting, the ordinance. CONSIDERATIONS: Ordinance No. 87-79 (Attachment 1), Transportation and Disposal of Sludge was adopted to regulate the transportation. and disposal of sludge to ensure that such activities do not endanger public health or the quality of the waters of the County. In the 30 years since Ordinance No. 87-79 was adopted; definitions, standards, and federal and state regulations have changed making the current ordinance outdated and redundant in some aspects. The proposed new ordinance will update, clarify, and add environmental protections which reflect current regulations, practices, and the goals of the Pollution Control Program; and protect Collier County's natural resources. Ordinance No. 89-20 (Attachment 2), the Collier County Water Pollution Control Ordinance was adopted to establish and fund a County water pollution control program which focused on sewage as the primary pollutant. This Ordinance was adopted with a county -wide referendum and allows the County to levy county -wide up to one-tenth of a mil for a water pollution control program. Because of the funding authority, this Ordinance is not proposed for repeal and will be in addition to the proposed ordinance. In the 28 years since Ordinance 89-20 was adopted; definitions, standards, and federal and state regulations have changed making the existing ordinance outdated and ineffective. The proposed new ordinance will be in addition to Ordinance No. 89-20 and will reflect current regulations and practices, the goals of the Pollution Control Program, and protect Collier County's natural resources. Collier County has a Phase II National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Element Three of Collier County's NPDES MS4 permit requires a "regulatory mechanism for the detection and elimination of non-stormwater discharges." The January 2015 audit report (Attachment 3) of Collier County's NPDES MS4 program by the Florida Department of Environmental Protection indicated that the existing ordinances used to regulate discharges are insufficient and requires Collier County to "review existing ordinance and/or develop a new ordinance which defines and prohibits illicit discharge to the MS4." The new ordinance will include • Additional and updated definitions; • Updated laws and regulations; • Specific language prohibiting illicit discharges; • Requirements for reporting and remediating discharges of pollutants; • Emphasis on pollution prevention through public outreach/education and best management practices; and • Provisions for enforcement. Resolution 88-311 (Attachment 4) addressing fees associated with sludge transportation licenses and disposal permits will be repealed. The proposed ordinance is Attachment 5. FISCAL IMPACT: There are minimal Fiscal impacts associated with the advertising of the proposed ordinance. GROWTH MANAGEMENT IMPACT: This action is consistent with the goals and objectives of Collier Countys Growth Management Plan Conservation and Coastal Management Element and the Natural Groundwater Aquifer Recharge Sub -Element; the Watershed Management Plan; and the Floodplain Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. HFAC RECOMMENDATION: To advertise a public hearing to consider the adoption of a new ordinance consolidating, repealing and replacing Ordinance No. 87-79 and repealing Resolution 88-311. Prepared by: Darette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and Program Management Division ORDINANCE NO. 87— 79 AN ORDINANCE TO REGULATE SLUDGE TRANSPORTATION AND DISPOSAL WITHIN COLLIER COUNTY, FLORIDA; PROVIDING FOR FINDINGS, PURPOSE, AND DEFINITIONS USED IN THE ORDINANCE; PROHIBITING TRANSPORTATION OF SLUDGE WITHOUT A LICENSE; PROVIDING EXEMPTIONS r.� FROM LICENSING; PROVIDING REQUIREMENTS FOR (APPLICATION FOR LICENSE; PROVIDING FOR lv '„�'•- REQUIREMENTS FOR LICENSE ISSUANCE; PROVIDING FOR 4T_ 'Yr LICENSE CONDITIONS; PROVIDING FOR AN ANNUAL LICENSE FEE; PROVIDING FOR SLUDGE DISPOSAL PERMITS N f�'-4 AND PROHIBITIONS; PROVIDING EXEMPTIONS FROM ti 'xr PERMITTING; PROVIDING THE REQUIREMENTS OF PERMIT v 'I� APPLICATION; PROVIDING FOR PERMIT CONDITIONS; J PROVIDING REQUIREMENTS FOR PERMIT ISSUANCE; `� PROVIDING FOR INSPECTION REQUIREMENTS; PROVIDING FOR PERMIT MODIFICATION AND RENEWAL; PROVIDING FOR ANNUAL PERMIT FEES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR COMPLIANCE WITH STATE AND FEDERAL PERMITS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR THE IMPLEMENTATION OF ORDINANCE BY RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows: SECTION 1: FINDINGS The Board of County Commissioners hereby finds that it is necessary In the public interest to regulate the transportation and disposal of sludge as defined herein In the Interest of the public health. safety and welfare of the citizens of Collier County. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of Collier County: to create public nuisances resulting from Improper management of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of Collier County. SECTION 2: PURPOSE The purpose of this ordinance is to provide a means to regulate the transportation and disposal of sludges as defined herein to ensure that such activities do not endanger public health or the quality of the waters of Collier County, —1— tooK 028?ArE244 SECTION 3: DEFINITIONS For the purposes of this Ordinance the following definitions will be used: (1) "Board' means Collier County Board of County Commissioners. (2) "Composted Sludge" means sludge that has been composted at or above 66"C for 3 consecutive days In a mechanical composter or an aerated pile, or at or above 56"C for fifteen consecutive days In a windrow and at least five turnings of the windrow. (3) "Department" means the Collier County Environmental Science and Pollution Control Department. (4) "Director" means the Director of the Collier County Environmental Science and Pollution Control Department. (5) 'Generator" means the person responsible for the production of the sludge. (8) "Grade I Sludge" means any atabllized sludge containing less than the following concentrations of any of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC 30 900 1000 100 1800 (7) "Grade 2 Sludge" means any stabilized sludge containing any of the following listed metals within the listed ranges as milligrams per kilogram dry weight and none exceeding the listed range: CADMIUM COPPER LEAD NICKEL ZINC 30-100 900-3000 1000-1600 100-500 1800-10,000 —2— cool 028PA61245 a (8) "Grade 3 sludge" means any sludge containing greater than the following concentrations of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC loo 3000 1500 Soo 10.000 (9) "License" means written approval by the Director to transport sludge in Collier County. (10) "Permit" means written approval by the Director to operate a sludge disposal facility pursuant to the guidelines for same as established by the Director, which shall be as required by part IV. Chapter 17- 7. Florida Administrative Code, as may be amended. except that a permit shall be necessary for any and all sludge disposal facilities within Collier County. (11) "Person" means any agency or Institution thereof, any municipality, political subdivision, special district, public or private corporation. Individual, partnership, association, or other entity, and Includes any officer or governing or managing body of any municipality, political subdivision, special district, or public or private corporation. (12) "Processed Sludge" means any domestic sludge that has been stabilized, disinfected, dried, and pelletized or granulated. (13) "Septage" means all solid wastes and wastewater removed during the pumping of a septic tank or similar sewage disposal system. (14) "Sludge" means a solid waste, pollution control residual which Is generated by any Industrial or domestic wastewater treatment plant, septic tank, grease trap, portable toilet or related operation, or any —3 nox C28PAGE246 other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste and this includes "processed domestic sludge" as defined In Florida Administrative Code 17-7.510. but does not Include the treated effluent from a wastewater treatment plant. - (15) "Sludge Disposal Facility" means land and structures, other appurtenances, and Improvements on the land, used for sludge disposal or spreading of sludge on the land. (16) "Stabilization" means the use of a treatment to render sludge or septage less odorous and putrescible, and to reduce the pathogenic content as described In Chapter 6 of EPA 625/1-79-011, "Process Design Manual for Sludge Treatment and Disposal." This manual is adopted and made a part of this Ordinance by reference. A copy of this document may be obtained by writing the Director, or may be Inspected at the Department office. Sludge that has not been digested for at least five days shall be stabilized prior to disposal. PART I: LICENSE REQUIRED TO TRANSPORT SLUDGE SECTION 4: PROHIBITIONS It shall be unlawful for any person to transport sludge without first having obtained a license to transport sludge from the Director unless exempt under Section 5 of this Ordinance. SECTION 5: EXEMPTIONS (1) Persons that transport three cubic yards or less of processed or composted "Grade 1 or 2" sludge per month are exempt from the requirement of a license. (2) Persons who transport only bagged composted and/or processed sludge are exempt from the requirement of a license. —4— EDOK 028 PA,1247 SECTION 6: APPLICATION FOR LICENSE Application for a Sludge Transporting License shall be on the forms supplied by the Director. Information required shall Include but not be limited to: (1) Name, address, 24 hour emergency and work telephone numbers of the applicant, (2) A description of the transporting vehicle. (a) Truck, truck trailer, tank truck, or tank trailer (make and model numbers). (b) Rated hauling capacity of each compartment. (c) whether or not It has onboard pumps. (d) Vehicle's Florida license plate number. (3) A notarized statement from the owner or operator of a validly permitted sludge disposal facility that the sludge will be accepted throughout the duration of the license. (4) Proof of a valid Collier County occupational license for "sewer and drain cleaning". SECTION 7: LICENSE ISSUANCE A license to transport sludge may be Issued by the Director after potential licensee demonstrates that all of the following requirements will be met at time of license Issuance: (1) Applicant holds a valid Collier County occupational license for "sewer and drain cleaning"; (2) All vehicles are and will be maintained so that they remain product tight; (3) All vehicles display licensee's name, license number and telephone number In at least three Inch high letters and numbers; (4) Applicant has not had a license to transport sludge or septage revoked by the Director within the previous sit months; (6) A validly permitted sludge disposal facility is committed In writing to accept sludge from applicant: BOOK C28pxE248 (6) Tho applicant shall give prior written notice to the Director of a change In sludge disposal sites. SECTION 8: LICENSE CONDITIONS (1) All containers used to transport sludge shall be maintained so that they remain product tight and do not spill or leak sludge during transportation. The licensee's name. license number, and telephone number shall be displayed In at least three Inch high letters and numbers on both sides of the transportation vehicle. (2) All Licensees will maintain records of the sludges transported on a dally basis and submit a summary of sludge transported to the Director. These records will be due monthly by the 15th of each menth for the preceding month's transportation activity and Include those Information Items listed below: (a) Date: (b) Name and location of the generator (only for sewage sludge): (c) Type of sludge (i.e., sewage sludge, septage, grease, portable toilet waste, etc); (d) Quantity of sludge pumped: (e) Disposal site. SECTION 9: ANNUAL LICENSE PEE The annual fee for a Environmental Science and Pollution Control Department license to transport sludge shall be 425 for the first vehicle and $10 for each additional vehicle. Any vehicles Included In a Septage Disposal Service Permit Issued by the Collier County Public Health Unit shall be exempt from the license fees. Application for renewal must be made annually. PART Il: PERMIT REQUIRED TO DISPOSE SLUDGE SECPION 10: PROIUBMONS (1) It shall be unlawful for any t_ __„_,,,, - expand any sludge disposal facility In Collier County without first having obtained a valid permit from the Director unless exempt under Section 11 of this Ordinance. —6— nu, G28wt249 (2) It shall be unlawful for any person to dispose sludge In any collection system or sewage treatment plant without prior written authorization from the owner of the sewage treatment plant. (3) It shall be unlawful to mix different types of sludges (Le.. septage; grease trap residue; or portable toilet wastes) for disposal at Collier County "A" wastewater treatment plant. (4) It shall be unlawful to dispose of sludges from generators outside of unincorporated Collier County at the Collier County "A" wastewater treatment plant. SECTION 11: EXEMPTIONS Persons who dispose of three cubic yards or less of composted or processed "Grade 1 or 2" sludge per month per label directions are exempt from the requirement of a permit. Total disposal shall be limited to six dry tons/acre/year. SECTION 12: PERMIT APPLICATION (1) Application for a sludge disposal facility permit shall be made on forms provided by the Director. (2) Application for disposal of Grade 3 sludge must be accompanied by written approval from a Department of Environmental Regulation permitted solid waste disposal facility. (3) A map or aerial photograph having a scale of at least 1 Inch = C00 feet of the proposed sludge disposal facility shall be provided with the permit application. A scaled drawing may also be required If the maps do not provide sufficient detail. Other site specific Information may be requested. (4) A notarized statement from the owner of the property stating approval for proposed activities for the duration of the permit shall be submitted with the application. SECTION 13: PERMIT CONDITIONS - (1) Land Disposal Criteria: Sludge disposal facility requirements will be the same as those in Florida Administrative Code 17-7.500 through 17-7.580 as may be amended. —7— b00% C28PAGE250 (2) Reporting Requirements: All permittees including applicators of processed domestic sludges which may be exempt from recording requirements of Florida Administrative Code 17-7.670 shall supply dally records to the Director. These records will be due monthly by the 16th of each month for the preceding month's disposal activity on forms supplied by the Director, and Include those Information items listed below: (a) Date of each sludge application; (b) Amount of sludge applied; (c) Source of sludge; (d) How was the sludge stabilized; (e) Weather conditions on the date of application; M Specific area of application; (g) Depth of water table; (h) Vegetation status at application site If different from permit application. (3) Other Conditions: Other site specific conditions may be placed on the permit by the Director which may include soil, surface water and/or ground water analysis. Monitoring wells may also be required to determine compliance with Florida Administrative Code 17-3. SECTION 14: PERMIT ISSUANCE (1) Permit Holder: A permit required by this Ordinance shall be Issued for a sludge disposal facility owned and/or operated to a person as defined herein. (2) The Director will In writing Issue or deny the permit within thirty days of receipt of all required Information. (3) Approval: A permit shall be Issued to the applicant only If: (a) The applicant provides the Director with reasonable assurance based on plans and other Information that the construction expansion, modification, c. facility will conform to the requirements placed on sludge disposal facilities In Florida Administrative Code 17-7.640 through 17-7.680 and this Ordinance; :2.12 688K C28 PAu 251 (b) The sludge disposal facility does not conflict with this Ordinance, the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, nor does It conflict with existing zoning regulations. (4) Denial: If after review of the application and all the Information, the Director determines that the construction, modification. expansion. or operation of the proposed sludge disposal facility will not be in accord with this ordinance, the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, or existing zoning regulations, or requirements In Florida Administrative Code 17-7, the Director shall deny the permit. SECTION 16: INSPECTION REQUIREMENTS As a condition for issuance of a permit, the Director or his designee shall have the right to enter the sludge disposal facility upon reasonable notice for the purpose of determining compliance with this Ordinance, and permit conditions and Florida Administrative Code rules. SECTION 16: PERMIT MODIFICATION AND RENEWAL (1) Modification: The disposal of a sludge from a generator not listed In the permit application will require a permit modification. (2) Permittee shall submit a request for permit modification on forms supplied by the Director and provide any additional Information requested by the Director. (3) Renewal: Permits will be effective for one year from the date of issuance and must be renewed. Application for renewal shall be made on forms provided by the Director. SECTION 17: ANNUAL PERMIT FEE The annual fee for a Environmental Science and Pollution Control Department Sludge Disposal Facility permit is $100. Any modification to the permit Is an additional $50. - —9— HOK 028 wi 252 PART III PENALTIES, APPEALS AND ENFORCEMENT SECTION 18: APPEALS Any person who Is aggrieved by the action of the Director relative to the issuance of a license or permit, or any person adversely affected by the Issuance of a license or permit may appeal said action or Issuance by appropriate writ to the Circuit Court of Colder County within 30 days from the date of said issuance or action. Failure to file an appeal within the prescribed time limit shall operate as a bar to and waiver of any claim for relief. SECTION 19: ENFORCEMENT AND PENALTIES Any person who violates any section of this Ordinance shall be prosecuted and punished us provided by Section 126.69 of the Florida Statutes. Each day the violation continues shall constitute a separate offense. The Board or any citizen whose Interests are adversely affected may bring suit for damages or to restrain, enjoin, or otherwise prevent the violation of this Ordinance In the Circuit Court of Collier County. Violation of or failure to comply with any requirement of this Ordinance shall be unlawful and constitute grounds for dental and/or revocation of a transport license or sludge disposal permit. The Director Is vested with the authority to administer and enforce the provisions of this Ordinance and Is authorized to take action to ensure compliance with. or prevent violation of, the provision of this Ordinance, and shall have authority to Issue administrative stay orders. SECTION 20: SEVERABILITY It 1s the Intention of the Board that each separate provision of this Ordinance shall be deemed Independent of and severable from all other provision herein, and It is further the Intention of -ha °' -- _;.... v this Ordinance be declared to be Invalid, all other provisions thereof shall remain valid and enforceable. -10- wx Q28PA;1253 SECTION 21: COMPLIANCE WITH STATE AND FEDERAL PERMITS The issuance of a permit In accordance with the provisions of this Ordinance Is not Intended to preclude the right or authority of any other State or Federal agency from requiring separate permits In accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. SECTION 22: LIBERAL CONSTRUCTION The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose In the Interest of public health. safety and welfare and convenience of the citizens and residents of Collier County and of the State of Florida. SECTION 23: IMPLEMENTATION ON ORDINANCE: RULES AND REGULATIONS The Board may adopt by resolu'lon reasonable rules and regulations to Implement and carry out the provls,ons of this Ordinance. SECTION 24: EFFECTIVE DATE ' This Ordinance shall become effective 90 days from receipt of acknowledgement from the Secretary of State that the Ordinance has been duly filed. JAMES C' TILES, CLERK n I y , Approved as to form and legal sufficiency R. Bruce Anderson Assistant County Attorney From BCC ~Ing of O G —11— BOARD OF COUNTY COMMISSIONERS• COLLIER COUNTY, FLORIDA BY: Q Max A. Hasse. Jr.. Chairm This ordinance filed with tho rotary of �,ar�' Offlgglir day of a�r� ,1j'X / and acknowledgement of t Pili �} re'jivedLJkj�ay of Y aM.�Y CMr�� BOOK 020oacr?.9A STATE OF FLORIDA ) COUNTY OF COLLIER ) ' I, JAMES C. GILES, Clerk Y, of Courts in and for the Twentieth - Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-79 which was adopted by the Board of County Commissioners on the 61th day of Octoberr, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of +; October, 1987, JAMES C. GILES Clerk of Courts and Clerk Ex -officio to Board of",,:,,,-, Count ommissigr'jecs '.. By:Ma',g Deputy Clerk •Y.. r. BOOK C28 rasE 255 ao r rn rt, r hb io ORDINANCE NO. 89-_M y5 n", -'+� '� �'r AN ORDINANCE ESTABLISHING THE COLLIER CCh*Y o7 WATER POLLUTION CONTROL PROGRAM AND PRONG FOR ITS PURPOSES AND IMPLEMENTATION; PROVr IN 11 SHORT TITLE; PROVIDING FOR APPLICABILITY;' PROVIDING FOR FUNDING AND LEVY OF TAXES; r i PROVIDING FOR CREATION OF A WATER POLLUTION-, CONTROL ADVISORY BOARD; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NO. 85-31; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors of Collier County, voting in a county -wide referendum on November 6, 1989, approved the levy of one-tenth (1/10) of a mill tax for the purpose of establishing a water pollution control program; and WHEREAS, the water pollution control program was expanded on March 8, 1988 by a county -wide referendum to protect Collier County's water resources from all pollutants without an increase in the millage of one-tenth (1/10th) of a mill; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Water Pollution Control Ordinance". SECTION TWO. APPLICABILITY This Ordinance shall apply county -wide. SECTION THREE. ESTABLISHMENT OF COLLIER COUNTY WATER POLLUTION CONTROL PROGRAM; PURPOSES AND IMPLEMENTATION There is hereby established the Collier County Water Pollution Control Program (hereinafter referred to as the "Program"). The Program is established for the purposes of: a) implementing a county -wide pollution control program to monitor and study the treatment and disposal of sewage. b) To abate the effects that the disposal of the resulting sewage effluent and solid pollutants has on the water resources of Collier County. c) To protect the groundwater, freshwater surface waters and other non -tidal water resources from all sources of pollution in Collier County. BOOK 035 p 1,14 The Board of County Commissioners of Collier County, Florida shall take all necessary and desirable actions to implement the purposes of this Program. SECTION FOUR. FUNDING AND LEVY OF TAXES The monitoring, study, protection and abatement program designated pursuant to Section One of this ordinance shall be provided from taxes levied in both the incorporated and unincorporated areas of Collier County. The levy of one-tenth (1/10th) of a mill which was approved in the county -wide referenda on November 6, 1984, and March 8, 1988 shall be for the purposes specified in Section One of this Ordinance. The Program tax shall be levied and collected at the same time and in the same manner as provided by law for other County taxes. The Property Appraiser and the Tax Collector of Collier County, Florida, are specifically authorized and directed to take all necessary and desirable action in furtherance of this Section. SECTION FIVE. PROVIDING FOR THE CREATION OF THE WATER POLLUTION CONTROL ADVISORY BOARD The Board of County Commissioners may by ordinance designate an Advisory Board composed of residents and electors of Collier County with advisory authority in the business affairs of the Program and such other duties as may be assigned from time to time by the Board of County Commissioners. SECTION SIX. REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-31 Collier County Ordinance No. 85-31 which established the Collier County Water Pollution Control Program is hereby superseded and repealed in its entirety. SECTION SEVEN. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 600K 035 PA .t 135 SSECTION EIGHT, EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the.Secretary of State that this Ordinance has been filed �e with the -Secretary of State. •DATED: March 78, 1984 ATTEST: HOARD OF COUNTY COMMISSIONERS JAMES C. GILES.; Clerk COLLIER COUNTY, FLORIDA 4f dor BURT L. SAUNDERS, Chairman Approved as to form and legal sufficiency: D&VICI C. We g Assistant County AMforney This otdbgnee fl',a with the Secrwary of State's Office t e XA- day of/ie�.�. and ockttawl e� that fll nee i day of a+rr or.e booK 035 PAGE 136 At, I STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier county, Florldr do hereby certify that the foregoing is a true copy of: Ordinance No. 89-20 which was adopted by the Board of County Commissioners on the 28th day of March, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of March, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex -officio to Board of,���V, County Commissioners /s/Maureen {enyon '- Deputy Clerk , BOOK 035Pa:E137 ooO1fC1HM! Milo FLORI6" l� February 10, 2015 Leo Ochs, Jr. County Manager Collier County 3301 East Tamiami Trail Naples, FL 34112 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB. MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399.2400 Subject: Collier County Phase H Municipal Separate Storm Sewer Systems (MS4) FLR04EO37 Cycle 3 Year 1 Audit Report Dear Mr. Ochs: RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY An audit of Collier County Phase II MS4 Stormwater Management Program (S WMP) elements was conducted by the Florida Department of Environmental Protection (Department), on January 22, 2014 under the State's federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program. Based on the findings in the audit, the Department has determined that Collier County has satisfied SWMP elements as required by the Generic Permit for Discharge ofStormwater from Phase Il Municipal Separate Storm Sewer Systems (Rule 62-621300(7)(a), F.A.C.) and as specified in your approved Notice of Intent (NOI) for coverage under the generic permit. Please note that the findings in the report are limited to the specific elements of the SWMP that were reviewed during the Audit. The Department has summarized the associated Required Improvements and Recommendations in the table below. Anything that is not listed is considered to be sufficient based on the documentation shown during the audit. ho Review existing ordinance and/ or develop a new Element 3- Regulatory Illicit mechanism for the ordinance which defines and prohibits illicit discharge to Discharge detection and the MS4 elimination of non- stormwater discharge Needs Implementation Immediately Element 6 — Preventing pollutant Identify the point of discharge from the wash rack located Municipal runoff from MS4 at the Municipal Maintenance Yard inspected by the Pollution operator activities Department. Prevention and Good Needs Implementation Immediately Housekeeping �Wp0lEfIlON F.R 9A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY Responses to the required improvements above, including a short plan for implementation, are due within 30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)- 245-7523 or Candace. Richardsgdeu.state.fl.us. Thank you for doing a great job implementing your program. Sincerely, Wiwi �0tkod'i'l Candace Richards MS4 Phase II Coordinator NPDES Stormwater Program Cc: Steve Preston, Collier County Danette Kinaszezuk, Collier County cotnm dumber Element 3 — Informing businesses The County's outreach program currently addresses Small Illicit of hazards associated Quantity Generators only. The Department suggested to Discharge with illegal discharges use the same educational information and insert the material into the business license application package. This way the County will address all types of businesses that have the potential of illegal discharge and improper disposal of waste. Element 4 — Regulatory The County should reference the policy that is applicable to Construction mechanism for requiring site plans and controls on construction sites. Site Runoff construction site runoff Element 6 - Preventing pollutant The Department suggests the addition of an inspection and Municipal runoff from MS4 maintenance program for all Municipally own facilities. Pollution operator activities Prevention and Good Housekeeping Responses to the required improvements above, including a short plan for implementation, are due within 30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)- 245-7523 or Candace. Richardsgdeu.state.fl.us. Thank you for doing a great job implementing your program. Sincerely, Wiwi �0tkod'i'l Candace Richards MS4 Phase II Coordinator NPDES Stormwater Program Cc: Steve Preston, Collier County Danette Kinaszezuk, Collier County DECEMBER 13, 1988 RESOLUTION NO. 8B- 911 RESOLUTION ESTABLISHING ANNUAL FEES RELATING TO SLUDGE TRANSPORTATION LICENSES AND SLUDGE DISPOSAL PERMITS; PROVIDING AN EFFECTIVE DATE WHEREAS, Collier County Ordinance No. 88- 100 has been adopted establishing a method for collection of fees for Sludge Transportation Licenses and.Sludge Disposal Permits; and WHEREAS, 'Che Ordinance provides that the fees be established by resolution; and WHEREAS, it is deemed in the best interest of the County that fees should be established for review and processing of Sludge Transportation Licenses and Sludge Disposal Permits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE - FEES. 1. The annual fees for a sludge transportation license shall be as follows: a. The fee for the first vehicle licensed shall be Twenty-five Dollars ($25.00) per year. b. The fee for each additional vehicle licensed shall be Ten Dollars ($10.00) per year. C. Any vehicle included on a valid Septage Disposal Service Permit issued by the Collier County Public Health Unit shall be exempt from the fee requirement. 2. The annual fees for a sludge disposal permit shall be One Hundred Dollars ($100.00) per year. - 3. The fees for any modification to a permit shall be Fifty Dollars ($50.00) per modification. SECTION TWO - EFFECTIVE DATE. This Resolution shall become ef£e-tive upon the effective date of Collier County Ordinance No. 8E -70n , Page 1 of 2 DECEMBER 13, 19e8 This Resolution adopted after motion, second and majority vote. DATED: December 13, 1988 ATTEST- -J . MES TTEST:•JAMES C'. GBLES;,Clerk Approved as to form and egal sufficient s ark G. LaWt Assistant C my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /%✓G4 AT L. SAUNDERS, Chairman ,Qa,�i, 31-19• A Page 2 of 2 ORDINANCE NO. 2018 - AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A WATER POLLUTION CONTROL AND PREVENTION ORDINANCE, PROVIDING FOR REPEAL OF ORDINANCE NO. 87-79, AS AMENDED, AND RESOLUTION NO. 88-311; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), F.S., provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), F.S., provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), F.S., recognize that the enumeration of powers in Section 125.01(1), F.S., incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, F.S., shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and In 1984 in order to establish a pollution control program, Collier County approved the levy of one-tenth of a mill, and in 1988 in order to protect Collier County's water resources for all pollutants, Collier County approved a county -wide referendum that maintained the county -wide millage of one-tenth of a mill as described in Ordinance No. 89-20; and WHEREAS, pursuant to Chapter 403, F.S. and its authority in Section 125.01, F.S., the Board enacted Ordinance No. 87-79, as amended, Transportation and Disposal of Sludge, and 89- 20, Collier County Water Pollution Control Ordinance; and WHEREAS, the Board desires to supplement and amend these Ordinances and enhance its enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County adopts an ordinance that reads as follows: 02/01/2018 Page 1 of 20 Article I. GENERAL Section 1: Title and Citation This Ordinance shall be known as and may be cited as "The Collier County Water Pollution Control and Prevention Ordinance." Section 2: Findings The Board of County Commissioners hereby makes the following findings: A. It is necessary to regulate activities that have the potential to create hazards or public nuisances, pollute or otherwise adversely affect the quality of groundwater, surface waters, or other natural resources of Collier County; and those activities are defined herein; B. The Board recognizes that Collier County and its residents rely on groundwater and surface water for drinking water supplies and that certain land uses can contaminate ground and surface water; C. Thirty-three percent of Collier County's surface waterbodies currently are verified as impaired by the Florida Department of Environmental Protection (FDEP); D. Total Maximum Daily Loads have been assigned by FDEP. The Board recognizes it is in Collier County's best interest to prevent further degradation of our waterbodies and water supplies; E. Collier County has a Phase II National Pollution Discharge Elimination System Municipal Separate Storm Sewer System (MS4) Permit. Collier County's MS4 permit and Chapter 62-624 F.A.C. require a regulatory mechanism for the detection and elimination of non- stormwater discharges; F. Because private Stormwater Management systems generally outfall to Collier County's or a municipality's MS4 and therefore affect the MS4's water quality, it is in the best interest of Collier County to regulate the water quality discharging from those private systems. G. Collier County is an area that depends on tourist's dollars and the quality of Collier County's water and other natural resources directly impacts Collier County's economic sustainability and growth; H. In 1984, in order to establish a pollution control program, Collier County approved the levy of one-tenth of a millage after a County -wide referendum, and in 1988 in order to protect Collier County's water resources for all pollutants, the residents of Collier County approved the maintenance of the millage of one-tenth of a mill by County -wide referendum as described in Ordinance No. 89-20; 02/01/2018 Page 2 of 20 I. Section 163.3177(6)(d)2.b. F.S. requires local governments through its Growth Management Plan "to protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters and protect from activities and land uses known to affect adversely the quality and quantity of identified water resources." J. Section 403.182 F.S. allows local governments to adopt Ordinances relating to local pollution control programs that are "stricter or more extensive than those imposed by this Act [the Florida Air and Water Pollution Control Act in Section 403.011, et seq. F.S.]." K. This ordinance supports goals and objectives of the Drainage Sub -Element and the Natural Groundwater Aquifer Recharge Sub -Element, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, the Watershed Management Plan, and the Floodplain Management Plan. Section 3: Intent It is the intent of Collier County to allow for growth while protecting, preserving, and restoring our groundwater, surface waters, and other natural resources through monitoring, pollution prevention, education, and restoration programs. This ordinance authorizes Collier County with the right but not the duty to enforce all relevant state regulations in addition to local Ordinances. Relevant state regulations include but are not limited to: A. Water: Chapter 62-43 F.A.C. Surface Water Improvement And Management Act; Chapter 62-302 F.A.C. Surface Water Quality Standards; Chapter 62-303 F.A.C. Identification of Impaired Surface Waters; Chapter 62-304 F.A.C. Total Maximum Daily Loads; Chapter 62-520 F.A.C. Ground Water Classes, Standards, And Exemptions; Chapter 62-522 F.A.C. Ground Water Permitting And Monitoring Requirements; Chapter 62-532 F.A.C. Water Well Permitting And Construction Requirements; Chapter 62-555 F.A.C. Permitting, Construction, Operation, and Maintenance of Public Water Systems; Chapter 62-762 F.A.C. Aboveground Storage Tanks; Section 403.067 F.S., Establishment and Implementation of Total Maximum Daily Loads. B. Waste Materials: Chapter 62-710 F.A.C. Used Oil Management; Chapter 62-701 F.A.C. Solid Waste Management Facilities; Chapter 62-730 F.A.C. Hazardous Waste; Chapter 62- 740 F.A.C. Petroleum Contact Water. C. Stormwater: Chapter 62-25 F.A.C. Regulation of Stormwater Discharge; Chapter 62-621 F.A.C. Generic Permit for Discharge of Stonnwater from Phase II Municipal Separate Storm Sewer Systems; Chapter 62-624 F.A.C. Municipal Separate Storm Sewer Systems. D. Wastewater: Chapter 62-600 F.A.C. Domestic Wastewater Facilities; Chapter 62-604 F.A.C. Collection Systems and Transmission Facilities; Chapter 62-610 F.A.C. Reuse of Reclaimed Water and Land Application; Chapter 62-640 F.A.C. Biosolids; Chapter 62-699 F.A.C. Treatment Plant Classification and Staffing; 64E-6 F.A.C. Standards for Onsite Sewage Treatment and Disposal Systems. 02/01/2018 Page 3 of 20 E. Clean Up Requirements: Chapter 62-770 F.A.C. Petroleum Contamination Site Cleanup Criteria; Chapter 62-625 F.A.C. Pretreatment Requirements for Existing and other Sources of Pollution; Chapter 62-777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; Chapter 62-782 F.A.C. Dry Cleaning Solvent Cleanup Criteria. F. Chapter 386 F.S., Particular Conditions Affecting Public Health. G. National Fire Protection Association 30: Flammable and Combustible Liquids Code; National Fire Protection Association 30A: Code for Motor Fuel Dispensing and Repair Garages; National Fire Protection Association 400: Hazardous Materials Code; Chapter 62-761 F.A.C. Underground Storage Tank Systems. H. Any orders issued by the state or federal government including orders issued by the Secretary of the Florida Department of Environmental Protection. Section 4: Applicability The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. Section 5: Definitions For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall," "will," or "must" are always mandatory and not merely discretionary. Basin Management Action Plan (EMAP) shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the document that sets forth the activities, schedule, and funding sources by which point and nonpoint dischargers will reduce pollutants discharged to impaired waters and meet the total maximum daily load established for those waters. Best Management Practices (BMPs) shall mean structural and non-structural schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other practices to prevent or reduce pollution. Biosolids shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as "domestic wastewater residuals" or "residuals." Not included is the treated effluent or reclaimed water from a domestic wastewater treatment plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, other solids as defined in subsection 62-640.200(31), F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and treated material from biosohds treatment facilities and septage management facilities regulated by the Department. [FDEP]. 02/01/2019 Page 4 of 20 Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a biosolids treatment facility, a septage management facility regulated by the Department [FDEP], or an application site. Biosolids Treatment Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a facility that treats biosolids from other facilities for the purpose of meeting the requirements of this chapter, before use or land application. Biosolids treatment facilities can also treat domestic septage and combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. Closely Regulated Facilities shall mean those facilities or property regulated by the provisions of this Ordinance or any FDEP rule cited herein. Collection/Transmission Systems shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which currently means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment. Collier County Municipal Separate Storm Sewer System (CCMS4) shall mean the MS4 owned, operated, and maintained by Collier County. Commercial shall mean property devoted in whole or part to commerce, that is, the exchange and buying and selling of commodities or services. Commercial Sewage Waste shall be defined per Section 64E-6.002 F.A.C, as it may be amended from time to time, which currently means non-toxic, non -hazardous wastewater from commercial facilities. Examples of establishments included in this definition are commercial and institutional food operations, commercial laundry facilities with no more than 4 machines, and animal holding facilities. Construction Activity shall mean activities resulting in land development or redevelopment including but not limited to clearing and grubbing, grading, excavating, and demolition in any zoning district. Discharge shall mean any spilling, leaking, seeping, pouring, pumping, emitting, emptying, or dumping of a Pollutant. Domestic Wastewater shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which currently means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. When industrial wastewater is combined with domestic wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic wastewater provided in Rule 62-600.200, F.A.C. 02/01/2018 Page 5 of 20 EPA means the United States Environmental Protection Agency or its successor. FDEP means the Florida Department of Environmental Protection, or its successor Flow Through Stormwater Management Systems shall mean the portion of an otherwise publicly owned Stormwater Management System that passes through and serves a privately owned area and which the care and maintenance of that portion is the responsibility of a private entity. Groundwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the water beneath the surface of the ground, whether or not flowing through known and definite channels. Hazardous Substance shall be defined per Chapter 403.703, F.S., as it may be amended from time to time,which currently means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2767. Hazardous Waste shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which currently means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497. Illicit Discharge shall mean substances not composed entirely of Stormwater that may directly or indirectly enter a Stormwater Management System or Waters of the State, except as exempted in Article 11, Section 2 and Article III, Section 3. Illicit Connection shall mean any physical connection, actual or potential flow discharge, or other condition that could allow non-Stormwater to enter a Stormwater Management System whether on the surface or subsurface. Regardless of whether the illicit connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impaired Water shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means a water body or water body segment that does not meet one or more of its designated uses due in whole or in part to discharges of pollutants, and has been listed as impaired by order of the Secretary in accordance with the procedures set forth in Chapter 62- 303, F.A.C. Industrial shall mean a business engaged in industrial production or service, that is, a business characterized by manufacturing or productive enterprise or a related service business. 02/01/2018 Page 6 of 20 Inspector means an individual designated by the Collier County Manager or his/her designee to administer and enforce this Ordinance. Municipal Separate Storm Sewer System (MS4) shall mean a publicly owned stormwater management system that consists of conveyances including roads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying stormwater. National Pollutant Discharge Elimination System (NPDES) Stormwater Permit shall mean a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that regulates stormwater. Nonpoint Source Pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources such as fertilizer. Onsite Sewage Treatment and Disposal System Transportation Permit (OSTDSTP) shall mean a permit issued by the State of Florida, Department of Health that gives approval to a person to transport liquid waste associated with food operations, domestic wastewater, or domestic septage within the boundaries of the State of Florida. Person shall mean any individual, association, organization, partnership, firm, joint venture, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant shall mean a substance that alters the chemical, physical, biological, thermal and/or radiological integrity of soil, stormwater, groundwater or surface water. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, nutrients, and fertilizers; hazardous substances and wastes; wastewater, sewage, septage, grease, portable toilet, and holding tank wastes, biosolids, and pathogens; sediment; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Private Stormwater Management System shall mean a stormwater management system owned by a non-public entity or individual. Reasonable Assurance Plan (RAP) shall mean a waterbody restoration program that ensures water quality standards will be restored as referenced in Chapter 62-306 F.A.C. Residential shall mean real property that is zoned for residential use including single family, multi -family and mobile home units, excluding property owned by property owner's associations. 02/01/2018 Page 7 of 20 Person Responsible for Site Rehabilitation (PRSR) shall mean the real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation. Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. Septage Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. Sewage shall mean domestic wastewater and/or commercial sewage waste. Site Specific Alternative Criteria (SSAC) shall mean a water quality criterion developed for a particular waterbody or segment of a waterbody, designed to more accurately reflect site specific conditions, and adopted by FDEP. Sludge shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which currently means includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Stormwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the water that results from a rainfall event. Stormwater Management shall mean the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. Stormwater Management System (SMS) shall mean either or both of the public or privately owned systems of conveyances including roads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying stormwater. Stormwater Pollution Prevention Plan (SWPPP) shall mean a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater systems, surface waters, groundwater and/or receiving waters. Stormwater Runoff shall mean any surface water flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from precipitation. 02iov2018 Page 8 of 20 Surface Water shall be defined per Section 373.019, F.S., as it may be amended from time to time, which currently means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. Total Maximum Daily Load (TMDL) shall be defined per Section 403.031, F.S., as it may be amended from time to time, which currently means the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. Transporter shall mean a person or business that transports sewage, septage, grease, or biosolids within Collier County. Transporters include those licensed by Collier County and those permitted by the Florida Department of Health. Transportation License (TL) shall mean a license issued by Collier County that gives approval to transport sewage, septage, grease, or biosolids within the boundaries of Collier County. Type I Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facility having a permitted capacity of 500,000 gallons per day or greater. Type II Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facility having a permitted capacity of 100,000 up to but not including 500,000 gallons per day. Type III Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facility having apermitted capacity of over 2,000 up to but not including 100,000 gallons per day. Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater Treatment Facility. Wastewater shall be defined per Section 62-604.200 F.A.C., which means the combination of liquid and water -carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present. Article II. GENERAL POLLUTION CONTROL AND PREVENTION Section 1: Prohibitions Discharge of Pollutants is prohibited. It shall be unlawful for any Person or governmental entity to Discharge or cause to be Discharged Pollutants into any Surface Water, canal, bay, lagoon, estuary, or other waterway, lake, pond, drainage ditch, groundwater, wetland, onto the ground, or into a Stormwater Management System. 02/01/2019 Page 9 of 20 Section 2: Exemptions A. Herbicide application in a manner compliant with Best Management Practices (BMP), label instructions, and by a licensed applicator for treatment of algae or aquatic plants in lakes, ponds, or drainage ditches shall not be considered a Pollutant Discharge. B. Fertilizer application in a manner compliant with local ordinances, BMPs, label instructions, and per FDEP's Green Industries Best Management Practices, in areas that are not in or upstream of impaired waterbodies. C. A Pollutant Discharge resulting from the wash down of a motor vehicle accident scene, if ordered by the incident commander to ensure public safety, shall not be considered a Pollutant Discharge. However, the wastes from the wash down need to be disposed of properly by the Person Responsible for Site Rehabilitation (PRSR). D. A sheen resulting from minimal discharge of fuel or lubricating oil from the accidental sinking or foundering of a small vessel, provided the PRSR undertakes or arranges for salvage within 1 hour of knowledge of the incident. Section 3: Requirements to Prevent, Control, and Reduce Pollutants by the Use of Best Management Practices. The owner or operator of a Commercial or Industrial facility/activity or owner of Residential property shall provide, at their own expense, reasonable protection from accidental Discharge of Pollutants or other wastes into the environment through the use of structural and non-structural BMPs. Further, any owner or operator responsible for a property or premises, which is the source of an Illicit Discharge, may be required by Collier County to implement additional structural and non-structural BMPs to prevent the further Discharge of Pollutants. Article I1I. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER MANAGEMENT SYSTEMS Section 1: All Activities A. Any Discharge into the Collier County Municipal Separate Storm Sewer System (CCMS4) shall meet all applicable local and state water quality standards, TMDLs, BMAPs, and SSAC. The County may require more restrictive quality standards in certain areas dependent on the water quality of downstream water bodies. B. Every Person owning property with a private SMS or with a Flow Through SMS shall maintain the SMS, including structures, as permitted; and free of debris, excessive vegetation, sediment, obstacles or anything that would pollute, contaminate, or significantly retard the flow of water through the private SMS. 02/01/2018 Page 10 of 20 Section 2: Prohibitions A. Illicit Connections are prohibited. 1. The construction, use, maintenance or continued existence of Illicit Connections to a SMS shall be prohibited. 2. This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A Person shall be in violation of this ordinance if the person or business connects a line conveying any substance, other than rainwater, to a SMS, or allows such a connection to continue. 4. A Person shall be in violation if the Illicit Connection is re-established without the prior approval of Collier County. B. Suspension due to Illicit Discharges Emergency Situations. Collier County may, without prior notice, order the immediate termination or suspension of any activity if it presents an imminent and substantial danger to health and safety, the environment or a SMS. If the violator fails to comply with a suspension order issued in an emergency, the local governmental entity or enforcement agency with jurisdiction as determined by the local governmental entity or enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the environment or to minimize danger to Persons. Section 3: Exemptions The following are exempt from this Article: 1. Discharges specified in writing by a governmental agency with jurisdiction as being necessary to protect public health and safety. 2. Dye testing after written notification to the authorized enforcement agency. 3. Any non-stormwater Discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the EPA for any Discharge to the SMS. 4. The following discharges, provided it does not cause a violation of water quality standards: neutralized potable or reclaimed water line flushing; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains (not including active Groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles or boats using non- toxic, non -hazardous, biodegradable, phosphate free cleaners; natural riparian 02/01/2018 Page 11 of 20 habitat or wet -land flows; neutralized swimming pools; firefighting activities; and any other water source not containing Pollutants. It is the responsibility of the discharger to prove the Discharge does not contain Pollutants. Section 4: Proof of Compliance with Permit A. Any Person subject to a NPDES stormwater discharge permit shall provide proof of compliance with said permit upon request in a form acceptable to Collier County prior to the allowing of Discharges to the MS4 and at anytime thereafter. Article IV. SEWAGE, SEPTAGE, GREASE, BIOSOLIDS, AND TRANSPORTATION OF THOSE MATERIALS Section 1: Prohibitions A. It shall be unlawful for any Person to transport Sewage, Septage, grease, or Biosolids without first having obtained a Transportation License (TL) for vehicles and trailers unless exempt under Article IV, Section 2 of this Ordinance. Rental vehicles and trailers are required to be licensed. B. It shall be unlawful for any Person to accept or process Sewage, Septage, grease, or Biosolids regardless of amount without first having obtained permits, and/or applicable development orders, from the state regulatory agency and Collier County, or providing proof of exemption. C. Biosolids. 1. It shall be unlawful to dispose of Biosolids anywhere other than a facility approved by federal, state and local regulations. 2. It shall be unlawful for any Person to operate, modify, or expand any Biosolids management or Biosolids treatment facility in Collier County without first having obtained a valid permit from FDEP. Section 2: Exemptions A. If a Transporter currently possesses a valid Onsite Sewage Treatment and Disposal System Transportation Permit (OSTDSTP), then Collier County waives the TL requirement. The Transporter must furnish a copy of their OSTDSTP to Collier County within 10 days of request by Collier County. Transportation within Collier County must cease immediately upon revocation of an OSTDSTP. B. Transportation vehicles or trailers that are utilized in a declared state of emergency are exempted from the TL requirement. However, vehicles or trailers used during a declared state of emergency must be water tight. C. Persons that transport four cubic yards or less per one-way trip of a dewatered Sewage, Septage, grease, or Biosolids material are exempted from the TL requirement if the material is being hauled to a Class I landfill. D. Class AA Biosolids are exempt from Article IV. Section 3: Transportation License 02/01/2018 Page 12 of 20 A. An applicant shall submit an application for a TL through Collier County. B. A TL may be issued by Collier County after the applicant has demonstrated that all of the following requirements are met: 1. Signed application, notarized statement, occupational license and monthly reports from the previous 12 months, if applicable, have been received and approved by Collier County. 2. Passing a vehicle or trailer inspection shall be conducted by Collier County staff, to verify compliance with Sections 4.A. 1 and 2 of this Article. This inspection shall be scheduled by the applicant, conducted prior to material being hauled, and may be required to be conducted within the boundaries of Collier County. 3. The vehicle or trailer displays the applicant's name, telephone number in at least three inch high letters and assigned TL numbers on the driver's side, passenger side, and rear of the vehicle. 4. After the application is deemed complete and approved by Collier County, Collier County shall issue the license and may deliver it to applicant by electronic transmission such as email. Section 4: Transportation License Conditions A. The licensee shall be subject to the following conditions for the duration of the TL: 1. All vehicles and trailers used to transport Sewage, Septage, grease, or Biosolids shall be maintained so that they remain product tight and do not spill or leak. The vehicles or trailers shall have a functional tarp or top. 2. The licensee's name, TL number, and telephone number shall be displayed in at least three inch high letters on the driver's side, passenger side, and rear of the vehicle. 3. All licensees will maintain accurate daily records of the amounts of Sewage, Septage, grease, and Biosolids transported on a daily basis and submit these reports to Collier County. Failure to submit monthly reports by the 15th of the following month may result in license revocation. 4. The TL shall be valid for 12 months, and requires annual renewal and inspection in accordance with Section 3. 5. Any licensee who Discharges anywhere within the boundaries of Collier County, shall immediately report the Discharge to Collier County. 6. Penalties for operating in Collier County without a TL are described in Article VIII, Section 5. 7. The licensee shall give written notice to Collier County within 5 business days of any changes to the information submitted in the application package. 8. Failure to meet any of the above conditions shall result in TL revocation for up to 12 months. Section 5: Annual License Fee There will be no fee associated with the TL. 02/01/2018 Page 13 of 20 Section 6: Otherwise Unpermitted Sewage Facilities This section is for those facilities that receive or process Sewage, Septage, grease, portable toilet, and holding tank wastes, and/or Biosolids that are not required to obtain a permit or have been exempted by a state regulatory authority. A. Facilities not permitted by a state agency must have a pre-treatment permit if within the Collier County Water -Sewer District (CCWSD) and if the facility Discharges to the CCWSD Collections System. B. Collier County shall have the right to enter these facilities with reasonable notice for the purpose of determining compliance. Article V. WASTEWATER TREATMENT FACILITIES AND PRIVATELY OWNED SEWAGE COLLECTION AND TRANSMISSION SYSTEMS Section 1: Wastewater Treatment Facilities and Associated Collections/Transmission Systems Wastewater Treatment Plants are permitted and regulated by FDEP. With the exception of Collier County facilities, Pollution Control may inspect Wastewater Treatment Plants and report the findings to the FDEP. Section 2: Private Sewage Collection and Transmission Systems A. Private Sewage collection and transmission systems, including but not limited to lateral lines, clean outs, and lift stations, must be maintained so that backups and sanitary sewer overflows do not occur. B. All private lift station wells must be locked or the entire private lift station must be fenced and locked. C. The owner of private Sewage collection and transmission systems must have amaintenance agreement with a licensed contractor that responds twenty-four hours per day, seven days per week, three hundred and sixty five days per year. D. The maintenance contractor's name and contact information must be posted on all private lift stations and reported to Collier County Pollution Control within five business days if the contractor or contact information changes. Article VI. WATER QUALITY EVALUATION AND MONITORING Section 1: Water Quality Monitoring A. Groundwater: Collier County will select, evaluate and refine a network of Groundwater monitoring sites. Pollution Control shall collect groundwater samples and evaluate Groundwater data. 02/01/2018 Page 14 of 20 B. Surface Water: Collier County will select, evaluate and refine a monitoring network of surface water sites that best represent the ambient conditions within the unincorporated areas that do not fall under state jurisdiction. Collier County shall collect surface water samples and evaluate surface water data. C. Collier County may perform water quality monitoring within any municipality within Collier County that agrees by resolution under Article 1, Section 4, and that agrees to pay Collier County for the cost of monitoring within the municipality. At its discretion, Collier County may perform water quality monitoring on any property for any Person that agrees to pay Collier County for the cost of monitoring on said property. Section 2: Monitoring Of Stormwater Discharges This section applies to all facilities that have stormwater discharges associated with Industrial, commercial, Residential, or Construction Activity. A. If a private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of an Impaired Waterbody, or the downstream waterbody has an adopted TMDL, Reasonable Assurance Plan, BMAP, or SSAC, the discharger may be required to monitor the water at the relevant outfall at the County's discretion to determine if the discharger is meeting the established criteria and not causing any further impairment. Further, the discharger may be required to reduce the pollutant load being Discharged from the private SMS to the CCMS4. Article VIL WATER SUPPLY WELLS Section 1: General Well construction is regulated under Collier County Code of Laws and Ordinances Chapter 90 Natural Resources. Failure to comply with Chapter 90 Natural Resources shall be a violation of this ordinance. Section 2: Public Water Supply Wells A. Public water supplies are regulated by Collier County Land Development Code Section 3.06.00 Groundwater Protection, as amended. Failure to comply with LDC Section 3.06.00 shall be a violation of this ordinance. Section 3: Private Water Supply Wells To protect Residential private wells and those wells in proximity, Discharges of Pollutants onto the ground and into Groundwater or Surface Waters are prohibited. Article VIII. RIGHT TO ENTER, ENFORCEMENT AND FEES 02/01/2018 page 15 of 20 Section 1: Authority to Enter and Inspect A. Right of inspection. This Section provides an adequate substitute for notice by limiting the place, time and scope of inspections. Inspections of Closely Regulated Facilities may take place without prior notice during normal business hours as defined below for the purpose of determining compliance with pollution regulations. Inspections of Closely Regulated Facilities may take place outside normal business hours; however, access would be granted by the owner or by legal authorization. It shall constitute a violation of this Section to hamper or interfere with an Inspector's official duties. 2. Inspectors shall identify themselves as Collier County Inspectors to owners, operators, or designated representative(s) present during the inspection. 3. Inspection reports: Inspectors shall record relevant field observations. Upon request, copies of inspection reports and/or results of laboratory analyses for samples collected by an Inspector may be sent to the owner or operator. 4. Inspection of Closely Regulated Facilities: a. Inspectors are authorized to inspect Closely Regulated Facilities at any time between 8:00 a.m. and 5:00 p.m., Monday through Friday, without prior notice for the purpose of determining compliance with this Section and other ordinances, regulations, and permit requirements that govern pollution. The Inspector may inspect the premises and all devices, contrivances, processes, or operations relevant to the Discharge of Pollutants to Surface Water, Groundwater, the ground surface or Stormwater. b. Inspection of Closely Regulated Facilities may be made at times other than those described in subsection A.4.a of this section, with the owners' or operator's permission or legal authorization. c. Inspections shall be made for the purpose of determining compliance with this Ordinance, and FDEP or Collier County permits and permit conditions, and consent orders and BMPs. The scope of all compliance inspections shall be limited to these purposes. d. Failure to provide access: Failure of an owner or operator of a Closely Regulated Facility to provide the County Manager or his/her designee with immediate access to the facility shall be a violation of this Ordinance. 5. Inspection warrants. At times other than specified in this Section, and at facilities and other properties that do not require permits and are not otherwise closely regulated, 02/01/2018 Page 16 of 20 inspection can be made by consent or by means otherwise available by law. If consent is denied, Inspectors may obtain an inspection warrant pursuant to Florida Statutes. 6. Search warrants. If statutory grounds exist, or if there is probable cause to suspect a criminal violation, Inspectors may contact the appropriate law enforcement personnel to obtain a search warrant and may aid the officer, if required pursuant to Florida Statutes. B. Compliance testing 1. Inspectors shall be authorized to obtain sample(s) or conduct test(s) or order owners or operators to obtain sample(s) or conduct test(s) to determine compliance with this article. 2. The responsibility to provide adequate sampling locations shall rest upon the owner of the premises. 3. All compliance testing shall be conducted in accordance with Chapter 62-160, F.A.C., which defines quality assurance and quality control activities. C. Operating records required 1. A Person responsible for the operation of any facility that may be a source of Discharge of Pollutants, shall conduct such tests and maintain such records as prescribed by the County Manager or his/her designee to give evidence that any discharges are in compliance with this Ordinance. Such test data and records shall include the monitoring data available unless otherwise specified in writing by the County Manager or his/her designee. Such test data and operating records shall be available at all times for inspection by the County Manager or his/her designee, and reports that contain these records and data shall be filed with the County Manager or his/her designee upon request. 2. Copies of all records that are required to be maintained at the facility by DEP regulation, EPA regulation, or County ordinance shall be available for inspection at all times. D. Corrective actions and documentation. Parties responsible for violations of this Ordinance shall take corrective actions to return the property to compliance within the timeframe specified by the County Manager or his/her designee and provide records documenting actions as directed by the County Manager or his/her designee. Failure to provide records or documentation directed pursuant to this this Ordinance is a violation of this article. E. Temporary disconnection of water service. The County Manager or his/her designee is authorized to order the water purveyor to cease water service to a connection where continued water service will allow an Illicit Discharge to continue unabated by the responsible party or party occupying a subject property. This action is only authorized to 02/01/2018 Page 17 of 20 abate a situation that poses a risk to public health, safety, and welfare as determined by the County Manager or his/her designee, such as Sewage, Septage, or septic tank system discharge in areas of public access, or where the water service is to a Commercial or Industrial business or facility, with the exception of a medical service facility. The property owner or responsible party shall commence mitigation, as approved by the County Manager or his/her designee, of the Illicit Discharge within one hour of notification by the County Manager or his/her designee. When the Illicit Discharge remains unmitigated, the water purveyor shall, within one hour of notification by the County Manager or his/her designee, discontinue such water service. The water purveyor shall, within one hour of notification by the County Manager or his/her designee, reinstate water service, provided the purveyor has no cause to withhold service. The water customer shall be responsible for any fees for the disconnection or resumption of water service charged by the water purveyor. Section 2: Remediation A. Any Discharge of Pollutants must be reported to Collier County Pollution Control and, if applicable, to the state regulatory agency. B. Any Discharge of Pollutants must be remediated by the PRSR. C. The PRSR shall take action to ensure no reoccurrence, including but not limited to, implementing additional or amending BMPs. D. Ongoing or intermittent pollution that causes one-time pollution at a level less than the soil or water cleanup target levels or surface water quality standards set forth in Chapter 62- 770 F.A.C. Petroleum Contamination Site Cleanup Criteria; Chapter 62-777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; Chapter 62-782 F.A.C. Dry Cleaning Solvent Cleanup Criteria; and Chapter 62- 302 F.A.C. Surface Water Quality Standards or in TMDLs, BMAPs or SSAC, shall be analyzed on a case by case basis to determine if it is causing a cumulative pollution problem. This determination shall be made by Collier County using the best available science. If it is determined that a cumulative pollution problem exists, the PRSR shall be required to cease discharging and remediate affected areas. E. PRSR failure to clean up and/or prevent pollution is a violation of this ordinance. Collier County has the right but not the duty to contract for remediation and bill the PRSR, provided the County gives the PRSR 3 days prior written notice to commence clean up and the PSR fails to do so. Section 3: Fees Any associated fees are in accordance with the Land Development Code, Growth Management Department Fee Schedule and the Collier County Water -Sewer District's rate resolutions. Section 4: Compliance with State and Federal Permits The issuance of a license in accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other State or Federal agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are 02/01/201& Page 18 of 2p required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. Section 5: Penalties If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion of the court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or con - compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Magistrate established pursuant to the authority of Chapter 162, F.S. and Ordinance No. 2010-4. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWO: REPEAL OF ORDINANCES NO. 87-79, AS AMENDED AND RESOLUTION NO. 88-311 Collier County Ordinance No. 87-79, Transportation and Disposal of Sludge, and all amendments thereto and Resolution No 88-311, establishing fees, are hereby repealed in their entirety. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section", "Article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. 02/01/2018 Page 19 of 20 State. This Ordinance shall become effective upon filing with the Secretary of the Department of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney 2018. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C 02/012018 Page 20 of 20 , Chairman