Ordinance 2019-17 ORDINANCE NO. 2019-1 7
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
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:
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SECTION ONE: Collier County adopts an ordinance that reads as follows:
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
Stormwater (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 mill after a County-wide referendum, and in 1988 in order to protect
Collier County's water resources from all pollutants, the residents of Collier County
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approved the maintenance of the millage of one-tenth of a mill by County-wide referendum
as described in Ordinance No. 89-20;
I. Section 163.3177(6)(d)2.b. F.S. requires local governments through their Growth
Management Plans "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.
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 or BMAP shall be defined per Section 62-40.210 F.A.C., as it
may be amended from time to time, which 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.
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Best Management Practices or BMPs shall be defined as 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 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 biosolids treatment facilities and Septage Management Facilities regulated
by the Department. [FDEP].
Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be
amended from time to time, which 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 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 be defined as 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 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 or CCMS4 shall be defined as the
MS4 owned, operated, and maintained by Collier County.
Commercial shall be defined as 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 means non-toxic,non-hazardous Wastewater from Commercial facilities.
Examples of establishments included in this definition are Commercial and institutional food
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operations, Commercial laundry facilities with no more than 4 machines, and animal holding
facilities.
Construction Activity shall be defined as activities resulting in land development or
redevelopment including but not limited to clearing and grubbing, grading, excavating, and
demolition in any zoning district, except lands zoned rural agricultural with an agricultural
classification from the Property Appraiser pursuant to Section 193.461, F.S.
Discharge shall be defined as 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 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.
EPA shall be defined as the United States Environmental Protection Agency or its successor.
FDEP shall be defined as the Florida Department of Environmental Protection or its successor.
Flow Through Stormwater Management Systems shall be defined as 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 means the water beneath the surface of the ground, whether or not flowing through
known and definite channels.
Hazardous Substance shall be defined per Section 403.703,F.S.,as it may be amended from time
to time, which 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 Section 403.703, F.S., as it may be amended from time to
time, which 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, F.S.
Illicit Discharge shall be defined as 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 II, Section 2 and Article III, Section 3.
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Illicit Connection shall be defined as 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 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 be defined as a business engaged in industrial production or service, that is, a
business characterized by manufacturing or productive enterprise or a related service business.
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 or MS4 shall be defined as 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 be
defined as 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 be defined as 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 or OSTDSTP shall be
defined as 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 be defined as 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.
Person Responsible for Site Rehabilitation or PRSR shall be defined as the real property owner,
the facility owner, the facility operator, the discharger, or other person or entity responsible for
site rehabilitation.
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Pollutant shall be defined as 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. Treated reclaimed water is not considered
a pollutant.
Private Stormwater Management System or Private SMS shall be defined as a Stormwater
Management System owned by a non-public entity or individual.
Residential shall be defined as real property that is zoned for residential use including single
family, multi-family and mobile home units.
Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time,
which 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 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 be defined as Domestic Wastewater and/or Commercial Sewage Waste.
Site Specific Alternative Criteria or SSAC shall be defined as 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
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 means the water that results from a rainfall event.
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Stormwater Management shall be defined as 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 or SMS shall be defined as 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.
Surface Water shall be defined per Section 373.019, F.S., as it may be amended from time to
time, which 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 or TMDL shall be defined per Section 403.031, F.S., as it may be
amended from time to time, which 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 be defined as 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 or TL shall be defined as a license issued by Collier County that gives
approval to transport Sewage, Septage, grease, or Biosolids within the boundaries of Collier
County.
Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater
Treatment Facility as described in Section 62-600.200 F.A.C.
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.
Section 5: Acronyms
BMAP- Basin Management Action Plan
BMPs- Best Management Practices
CCMS4- Collier County Municipal Separate Storm Sewer System
CCWSD- Collier County Water-Sewer District
EPA- United States Environmental Protection Agency
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F.A.C. - Florida Administrative Code
FDEP- Florida Department of Environmental Protection
F.S. - Florida Statute
LDC- Land Development Code
MS4- Municipal Separate Storm Sewer System
NPDES-National Pollutant Discharge Elimination System
OSTDSTP- Onsite Sewage Treatment and Disposal System Transportation Permit
PRSR- Person Responsible for Site Rehabilitation
SMS- Stormwater Management System
SSAC- Site Specific Alternative Criteria
TL- Transportation License
TMDL- Total Maximum Daily Load
Article II. GENERAL POLLUTION CONTROL AND PREVENTION
Section 1: Prohibitions
Discharge of Pollutants is prohibited. It shall be unlawful for any Person or local 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 (SMS).
Section 2: Exemptions
A. Herbicide application in a manner compliant with state law, Best Management Practices
(BMPs), and label instructions.
B. Fertilizer application in a manner compliant with local ordinances, BMPs, label
instructions, and per FDEP's Green Industries BMPs.
C. The wash down of a motor vehicle accident scene or other type of emergency response.
However, the wastes from the wash down need to be disposed of properly by the Person
Responsible for Site Rehabilitation.
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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 a reasonable amount of time.
E. Stormwater harvesting for reuse or aquifer recharge consisting of rainwater, treated
Stormwater or reclaimed water.
F. Treated wastewater or reclaimed water applications permitted by FDEP.
G. Grass or plant clippings mulched back into vegetated areas such as a lawn or grass clippings
from swale mowing that are left in a swale.
Section 3: Requirements to Prevent, Control, and Reduce Pollutants by the Use of Best
Management Practices.
The owner or operator of a governmental, 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, in a reasonable timeframe, to prevent the further Discharge of
Pollutants.
Article III. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER
MANAGEMENT SYSTEMS
Section 1: All Activities
A. Any Discharge into the Collier County Municipal Separate Storm Sewer System 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.
Section 2: Prohibitions
A. Illicit Connections are prohibited.
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1. The construction,use,maintenance or continued existence of Illicit Connections to
a SMS shall be prohibited.
2. A Person shall be in violation of this ordinance if the person or business connects
or has connected a line conveying any substance, other than rainwater, to a SMS,
or allows such a connection to continue.
B. Suspension due to Illicit Discharges
1. 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 such as utility injection wells.
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 they do 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
habitat or wetland flows; neutralized swimming pools or pool overflow from
properly functioning systems; uncontaminated roof runoff; firefighting activities;
and any other water source not containing Pollutants. After the County reasonably
determines there is a Pollutant Discharge violation, it is the responsibility of the
discharger to prove the Discharge does not contain Pollutants.
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Section 4: Proof of Compliance with Permit
A. Any Person subject to a NPDES Stormwater 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 used for
the purpose of transporting Sewage, Septage, grease, or Biosolids 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 Facility 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
A. An applicant shall submit an application for a TL through Collier County.
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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; signed statement from the owner of a disposal facility
indicating willingness to accept Sewage, Septage, grease, or Biosolids from the
applicant; 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 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 Sewage, Septage, grease, or Biosolids anywhere,
except to an approved/exempted facility, within the boundaries of Collier County,
shall immediately report the Discharged Sewage, Septage, grease, or Biosolids 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.
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Section 5: Annual License Fee
There will be no fee associated with the TL.
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 or federal 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. Septic systems are not considered private Sewage Collection and Transmission Systems.
B. 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.
C. All private lift station wells must be locked or the entire private lift station must be fenced
and locked.
D. The owner of private Sewage Collection and Transmission Systems must have a
maintenance agreement with a licensed contractor that responds twenty-four hours per day,
seven days per week, three hundred and sixty five days per year.
E. 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.
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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. Collier County Pollution Control shall collect groundwater samples and
evaluate Groundwater data.
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 and will become effective if permit
requirements are not being met or reasonable BMPs are not being implemented.
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, 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 to the greatest extent possible, from the Private SMS to the CCMS4.
Article VII. 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
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.
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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
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.
1. It shall constitute a violation of this Section to intentionally 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 shall 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 owner's 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.
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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,
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. 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. 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 FDEP
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
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responsible party or party occupying a subject property. This action is only authorized to
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 or make arrangements for 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. Upon notice by the
County Manager or his/her designee, within a reasonable amount of time, the water
purveyor shall 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 by the PRSR to Collier County Pollution
Control and, if applicable, to the state regulatory agency.
B. Any Discharge of Pollutants must be remediated by the PRSR within a reasonable
timeframe.
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-
777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated
Site Cleanup Criteria; and Chapter 62-302 F.A.C. Surface Water Quality Standards or in
TMDLs, BMAPs or S SAC, 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. 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 PRSR 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
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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.
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SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Secretary of the Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this the ,, 514-‘day of 1u _ , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL, CLERK COLLIER CO i.- TY FLORIDA
44,
61
BY: )
_' ► .
Deputy Clerk 1 Siam L. `Pane`r., firman
to Chairman's
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Approved as to form and legality:
A- Clo
eidi Ashton-Cicko
Managing Assistant County Attorney
This ordinance filed with h
tt
Secretary of et s Office the
t.
1� day of i —
and acknowtedgernent g that
filirn cerci;%edthis�
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of �V �%/
Byr_ - _ . •
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05/03/2019 Page 20 of 20
`#AHEvszi,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
July 1, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-17, which was filed in this office on July 1, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.tl.us