Agenda 05/14/2019 Item #11B (Pollution Control & Prevention Ordinance)05/14/2019
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, 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.
OBJECTIVE: To provide updates, clarifications, and additional environmental protection through the
adoption of, at a future publicly advertised meeting, the ordinance.
CONSIDERATIONS: 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 1) of Collier County’s NPDES MS4
program by the Florida Department of Environmental Protection (FDEP) 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.”
Ordinance No. 87-79 (Attachment 2), 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 32 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standards, and federal and state regulations have changed making the current ordinance outdated and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.
The proposed ordinance includes:
• 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 3) addressing fees associated with sludge transportation licenses and
disposal permits will be repealed.
The proposed ordinance is Attachment 4.
During the April 23, 2019 meeting the Board requested staff conduct additional industry specific
outreach. Staff contacted the specified community members who relayed their concerns. Both requested
changes to ordinance language were made. There were no material changes and the intent of the
ordinance remains the same.
FISCAL IMPACT: Funding for the Pollution Control program comes from a dedicated milage
established by a countywide referendum in 1988 and an ordinance in 1989. Because of the funding
authority, that Ordinance is not proposed for repeal and will be in addition to the proposed ordinance.
Examples of potential costs to customers are listed in Attachment 5. Costs associated with environmental
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impacts such as remediation can vary widely based on the discharged product, source, quantity released,
and impacted media (e.g., soil, groundwater, surface water). Pollutant source tracking will primarily be
accomplished by Pollution Control should funding become available, however, customers who
continuously fail to meet permit requirements or implement best management practices are expected to be
responsible for reasonable costs associated with the impacts. None of Table I (Attachment 5) potential
costs are intended to be punitive or revenue generating; they are related to customer’s impacts on the
environment.
GROWTH MANAGEMENT IMPACT: This action is consistent with the goals and objectives of
Collier County’s 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.
DEVELOPMENT SERVICES ADVISORY COMMITTEE RECOMMENDATION: The proposed
ordinance was unanimously approved by the Development Services Advisory Committee (DSAC) on
May 2, 2018, with a recommendation that the following language be added to Article VI, Section 2: “Pre-
existing residential permitted properties shall not be required to implement structural BMPs to existing
drainage structures.” Keeping in mind that Article VI, Section 2 only applies if permit requirements are
not being met or reasonable best management practices (BMPs) are not being implemented, it is staff’s
recommendation to leave the language as written. If DSAC’s proposed language were included in the
ordinance, all existing residential developments would be exempt from any potential requirements to
implement any structural pollution prevention BMPs. This will prevent Collier County from being able to
address point source pollution flowing into our stormwater system while still being required to meet state-
mandated water quality standards associated with a Basin Management Action Plan.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The proposed ordinance was
unanimously approved by the Collier County Planning Commission sitting as the Environmental
Advisory Committee on March 7, 2019. The Planning Commission heard the ordinance over 2 meetings
and made refinements to the Ordinance.
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
repealing and replacing Ordinance No. 87-79 and repealing Resolution 88-311.
Prepared by: Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and
Program Management Division
ATTACHMENT(S)
1. Attachment 1 January 2015 Audit Report Final (1) (PDF)
2. Attachment 2 Ordinance 87-079 (PDF)
3. Attachment 3 Resolution 88-311 (PDF)
4. Attachment 4 Proposed Pollution Control and Prevention Ordinance (PDF)
5. Attachment 5 Table I Potential Costs (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 8795
Item Summary: ***This item has been continued from the April 23, 2019 BCC meeting.***
Recommendation to advertise a public hearing to consider the adoption of a new ordinance to be called
the Pollution Control and Prevention Ordinance, 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. (Danette Kinaszczuk, Pollution Control Manager, Capital Project
Planning, Impact Fees, and Program Management Division)
Meeting Date: 05/14/2019
Prepared by:
Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management
Name: Danette Kinaszczuk
04/29/2019 11:09 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
04/29/2019 11:09 AM
Approved By:
Review:
Growth Management Department Danette Kinaszczuk Level 1 Reviewer Skipped 04/29/2019 11:09 AM
Capital Project Planning, Impact Fees, and Program Management Danette Kinaszczuk Additional Reviewer Skipped 04/29/2019 11:09 AM
Growth Management Department Danette Kinaszczuk Deputy Department Head Review Skipped 04/29/2019 11:09 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 1:42 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/03/2019 8:37 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/03/2019 10:18 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/03/2019 1:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2019 1:13 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/07/2019 10:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
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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
February 10, 2015
Leo Ochs, Jr.
County Manager
Collier County
3301 East Tamiami Trail
Naples, FL 34112
Subject: Collier County Phase II Municipal Separate Storm Sewer Systems (MS4)
FLR04E037 Cycle 3 Year 1 Audit Report
Dear Mr. Ochs:
An audit of Collier County Phase II MS4 Stormwater Management Program (SWMP) 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 of Stormwater from Phase II Municipal
Separate Storm Sewer Systems (Rule 62-621.300(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.
BMP Number BMP Description Required Improvements
Element 3-
Illicit
Discharge
Regulatory
mechanism for the
detection and
elimination of non-
stormwater discharge
Review existing ordinance and/ or develop a new
ordinance which defines and prohibits illicit discharge to
the MS4
Needs Implementation Immediately
Element 6 –
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
Identify the point of discharge from the wash rack located
at the Municipal Maintenance Yard inspected by the
Department.
Needs Implementation Immediately
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Packet Pg. 349 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8795 : Pollution Control and Prevention Ordinance)
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
BMP
Number
BMP Description Recommendations
Element 3 –
Illicit
Discharge
Informing businesses
of hazards associated
with illegal discharges
The County’s outreach program currently addresses Small
Quantity Generators only. The Department suggested to
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 –
Construction
Site Runoff
Regulatory
mechanism for
construction site
runoff
The County should reference the policy that is applicable to
requiring site plans and controls on construction sites.
Element 6 -
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
The Department suggests the addition of an inspection and
maintenance program for all Municipally own facilities.
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.Richards@dep.state.fl.us. Thank you for doing a great job implementing your
program.
Sincerely,
Candace Richards
MS4 Phase II Coordinator
NPDES Stormwater Program
Cc: Steve Preston, Collier County
Danette Kinaszczuk, Collier County
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Packet Pg. 350 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8795 : Pollution Control and Prevention Ordinance)
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Packet Pg. 351 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance)
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Packet Pg. 363 Attachment: Attachment 3 Resolution 88-311 (8795 : Pollution Control and Prevention Ordinance)
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Packet Pg. 364 Attachment: Attachment 3 Resolution 88-311 (8795 : Pollution Control and Prevention Ordinance)
ORDINANCE NO. 2019-
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 ofpowers
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
WHEREAS 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 consolidate, supplement, and amend these Ordinances
and enhance their enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County adopts the
following ordinance:
[16-POL-00068/14 74260/1)225
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Packet Pg. 384 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance)
Assessment and Cleanup
Small Spill Scenario (<25 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$150.00 $1,000.00
Transportation and disposal of contaminated media $175.00 $1,500.00
Analytical Sampling (if required)$250.00 $1,250.00
Project Management and Reporting (if necessary) $500.00 $1,000.00
TOTAL POTENTIAL COSTS $1,075.00 $4,750.00
Medium Spill Scenario (25-100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$600.00 $4,000.00
Transportation and disposal of contaminated media $700.00 $6,000.00
Analytical Sampling (if required)$1,250.00 $2,500.00
Project Management and Reporting (if necessary) $1,000.00 $2,000.00
TOTAL POTENTIAL COSTS $3,550.00 $14,500.00
Large Spill Scenario (>100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$2,500.00 $15,000.00
Transportation and disposal of contaminated media $5,000.00 $15,000.00
Analytical Sampling (if required)$3,000.00 $10,000.00
Project Management and Reporting (if necessary) $2,500.00 $10,000.00
TOTAL OTHER ASSETS $13,000.00 $50,000.00
LABORATORY TEST ANALYTICAL METHOD COST
Agricultural Facilities
8 - RCRA Metals 200.7 / 7470 $84.50
Organochlorine Pesticides 8081 $85.00
Organophosphorus Pesticides 8141 $100.00
Herbicides 8151 $125.00
$394.50
Petroleum Storage / Distribution Facilities
BTEX+MTBE 8260 $50.00
PAHs 8270 $110.00
TRPHs FL-Pro $70.00
$230.00
VOCs 8260 $100.00
SVOCs 8270 $155.00
TRPHs FL-Pro $70.00
8 - RCRA Metals 200.7 / 7470 $38.00
$363.00
Kjeldahl nitrogen - total 351.2 $19.00
Ammonia as N 350.1 $11.00
Chlorophyll SM10200H $32.00
Nitrate as N 353.2 $9.00
Nitrite as N 353.2 $9.00
Phosphorus total 365.4 $20.00
Dissolved oxygen --$32.13
$132.13
Copper 200.7 $8.00
$8.00
Enterococci 1600 $11.14
Total Coliforms/Escherichia coli (P/A) 1604 $7.87
DNA --$100.00
$119.01
Pet Waste Stations $140.00 each
Adaptive Pond Management Site Specific
Lessen Fertilizer Application Saves Money on Fertilizer
Florida Friendly Landscaping Site Specific
Table 1 - Potential Costs
Best Management Practices
Water Quality Monitoring and Laboratory Analysis
Automotive Maintenance / Repair
Nutrient Impairment
Copper Impairment
Bacterial Impairment
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Packet Pg. 385 Attachment: Attachment 5 Table I Potential Costs (8795 : Pollution Control and Prevention Ordinance)