Chapter 90 - Natural Resources Chapter 90
NATURAL RESOURCES*
Article I. In General
Division 1. Well Construction
Sec. 90-1. Title and citation.
Sec. 90-2. Purpose.
Sec. 90-3. Applicability.
Sec. 90-4. Regulation of wells.
Sec. 90-5. Construction,repair and abandonment standards.
Sec. 90-6. Contractor licensing and equipment registration.
Sec. 90-7. Administration.
Sec. 90-8. Penalties.
Secs. 90-9-90-25. Reserved.
Article II. Water Resources Management
Division 1. Generally
Sec. 90-26. Definitions.
Sec. 90-27. Purpose.
Sec. 90-28. Scope of jurisdiction.
Sec. 90-29. Powers and duties of board of county commissioners.
_ Sec. 90-30. Conflicts.
�/ Secs. 90-31-90-40. Reserved.
Division 2. Permits
Sec. 90-41. Permit required.
Sec. 90-42. Standards governing issuance.
Sec. 90-43. Existing uses.
Sec. 90-44. Competing applications.
Sec. 90-45. Duration.
Sec. 90-46. Modification,renewal and transfer.
Sec. 90-47. Revocation.
Sec. 90-48. Emergency authorization for use, withdrawal or diversion of
water.
Sec. 90-49. Existing permits.
Secs. 90-50-90-60. Reserved.
Division 3. Dams and Reservoirs
Subdivision I. General Provisions
Sec. 90-61. Exemptions.
Sec. 90-62. Declaring and abatement on nuisance works.
Sec. 90-63. Remedial measures required.
Sec. 90-64. Emergency authorization to construct works.
Sec. 90-65. Emergency measures.
Sec. 90-66. Inspections.
Sec. 90-67. Headgates,valves and measuring devices required.
*Cross references-Possession,sale or release of certain fish prohibited,§ 14-2;automotive fuel allocation,§38-86 et seq.;
environment,ch.54;solid waste,ch. 118;special districts providing for beach renourishment,ch. 122;waterways,ch. 146.
State law reference-Natural resources and conservation,F.S.chs.369-380.
Supp. No.60 CD90:1
COLLIER COUNTY CODE
Secs. 90-68-90-80. Reserved.
Subdivision II. Permits
Sec. 90-81. General.
Sec. 90-82. Permits for construction or alteration required;application.
Sec. 90-83. Notice and hearing requirements.
Sec. 90-84. Completion report.
Sec. 90-85. Permits for operation or maintenance required;application;con-
ditions;transfer.
Sec. 90-86. Abandonment;permit required;application;conditions.
Sec. 90-87. Revocation and modification of permits.
Secs. 90-88-90-100. Reserved.
Division 4. Water Shortages
Sec. 90-101. Local enforcement of water shortage plan.
Sec. 90-102. Water shortage plan generally.
Sec. 90-103. Plan procedures.
Sec. 90-104. Emergency due to water shortage.
Sec. 90-105. Procedures under emergency.
Sec. 90-106. Reserved.
Secs. 90-107-90-120. Reserved.
Article III. Reserved
Secs. 90-121-90-128. Reserved.
Supp.No.60 CD90:2
NATURAL RESOURCES §90-4
ARTICLE I. IN GENERAL chapter 40E-4(Surface Water Management),chap-
ter 40E-20 (General Water Use Permits)or chap-
DIVISION 1. WELL CONSTRUCTION* ter 40E-40 (General Surface Water Management
Permits),Florida Administrative Code, as may be
amended from time to time.
Sec. 90-1. Title and citation.
This article shall be known and may be cited as (b) Permits required.
the "Collier County Well Construction Code." (1) Unless expressly exempt in section 90-
(Ord. No. 04-55, § 2.E.) 4(c), a permit must be obtained from the
county prior to the construction,repair or
Sec. 90-2. Purpose. abandonment of any well, test hole, or
hydraulic elevator shaft within Collier
The board does hereby make the following County.Any well drilled without a permit
findings: that it is necessary and in the public shall be plugged by the contractor at the
interest to regulate the location, construction, contractor's expense.
alteration, repair, equipment, maintenance, and
plugging of wells in Collier County and is in the (2) A well construction permit must be ob-
interest of the public health,safety and welfare.It tained prior to the construction of any
is therefore the purpose of this article to bring gang well, regardless of the size or depth
about public awareness of proper well construc- of the individual wells comprising such
tion methods and to initiate and enforce regula- gang well, for the purpose of procuring or
tion relating to well construction. Regulation of obtaining water other than for temporary
well construction is necessary because improperly dewatering.
constructed, repaired, or abandoned wells, test (3) No test hole shall be converted to a water
holes,or hydraulic elevator shafts have the capac- well until an appropriate permit modifi-
`-- ity to create hazards to the health, welfare and cation is made and fees paid.
safety of the citizens of Collier County and to
pollute or otherwise adversely affect the quality of (4) No monitoring or observation well shall
water resources of Collier County. be converted to a production well until a
(Ord. No. 04-55, § 2.E.) well construction permit or modification
thereof is obtained for each production
Sec. 90-3. Applicability. well.
This article shall apply to and be enforced in all (c) Exemptions. The following wells are ex
areas of Collier County. empt from the requirements of sections 90-4 (e)
(Ord. No. 04-55, § 2.E.) and 90-4 (f). This exemption does not relieve the
applicant from obtaining permits which may be
Sec. 90-4. Regulation of wells. required under chapter 40E-2(Consumptive Use),
chapter 40E-4(Surface Water Management),chap-
(a) Scope. The regulations in this section re- ter 40E-20(General Water Use Permits)or chap-
late to the permitting requirements applicable to ter 40E-40 (General Surface Water Management
the construction,repair or abandonment of wells. Permits), Florida Administrative Code, from the
All wells must be permitted prior to construction, South Florida Water Management District.
repair or abandonment and must be constructed, (1) No well in existence on the effective date
repaired or abandoned by a licensed water well of this article shall be required to conform
contractor. This does not relieve the applicant to the provisions of section 90-4 or 90-5 or
from obtaining permits from the South Florida any rules or regulations adopted pursu-
Water Management District which may be re ant hereto. However, any well now or
quired under chapter 40E-2 (Consumptive Use), hereafter abandoned or repaired as de
*Editor's note—Ord. No. 04-55, § 2.E.,provided for the fined pursuant to this article and any
relocation of LDC provisions to be included as§§90-1-90-8. applicable rules or regulations with re-
Supp.No. 17 CD90:3
§90-4 COLLIER COUNTY CODE
spect to abandonment of wells, and any compelling necessity exists to commence
well which is determined by the county to the construction,repair or modification of
be a hazard to the groundwater resources a well while an application for a water use
must comply with the provisions of this permit is pending. Issuance of the vari-
article and applicable rules and regula- ance will not be evidence of any entitle-
tions within a reasonable time after noti- ment to the water use permit.
fication of such determination has been (6) Upon issuance of a variance, the county
given. may impose such special conditions as
(2) Sand-point wells driven or jetted for the may be necessary to protect the purpose
temporary dewatering of subsurface for- and intent of this article.
mations for construction purposes.
(e) Application and issuance of permits.
(d) Exceptions and variances. An exception or (1) Permits will only be issued to the owner
variance effecting [affecting] the permit require- or his agent on whose property the well is
ments of this article shall occur when: located.
(1) The county finds that compliance with all (2) Applications for permits required by this
the requirements of section 90-4 may re- article shall be filed with the county. The
suit in an undue hardship for the construc- application shall contain:
tion, repair or abandonment of certain
wells. a. Form"0123"application to the South
Florida Water Management District
(2) Any affected person may request an ex- or an approved Collier County form,
emption from any or all of these rules for for the construction, repair or aban-
an individual well by making written re- donment of all wells, test holes, and
quest to the county manager or his desig- hydraulic elevator shafts.
nee which must include those specific
requirements for which an exemption is b. The name, address, telephone num
requested, any alternate or substitute ber and license number of the li
methods or conditions considered appro- tensed contractor who will be con
priate, and reasons why the exemption is strutting the wells.
considered necessary c. The name, address and telephone
(3) The county may grant the exemption by number of the property owner and
way of a variance if the accepted public his agent, if applicable, on whose
health and sanitary engineering princi property the well is to be drilled.
ples and practices will not adversely af- d. The location of the well(to the near-
fect the water resource.The variance shall est one-quarter of the one-quarter
be the minimum necessary to ameliorate section),or latitude and longitude to
the hardship. the nearest second, or Florida coor-
dinate system (state planar coordi-
(4) Written variance requests from the con- nates) to the nearest 100 feet, or a
tractors will be received and written deci- legal description that includes the
sions rendered by the county when,in the township, range, section, unit block
opinion of the county, an emergency situ- and lot number, and site map of the
ation exists and warrants such a request well location depicting landmarks and
and decision. providing a scale.
(5) If the request is for a variance from the e. The expected depth of the well.
requirement of obtaining a South Florida
Water Management District water use f. The proposed use of the well.
permit, the applicant must demonstrate g. The estimated daily volume of the
that an application has been filed or a proposed use.
Supp.No. 17 CD90:4
NATURAL RESOURCES §90-4
h. The specification for well construc- may be changed by resolution of the board of
tion including the size(s) of the cas- county commissioners and are not subject to the
ing to be used,the proposed construc- procedure for amendment of this article.
tion, repair, or abandonment
specifications including casing types, (g) Conditions for issuance of permits.
diameters and depths; open hole or (1) In order to obtain a permit under this
screened intervals, size and screen article, an applicant must:
openings;and proposed grouting ma-
terials. a. Submit a permit application as spec-
ified in section 90-4(e).
i. The proposed method of construction b. The permit application fee shall ac-
and completion of the well, or the
method of plugging and abandon-
cording the original application ac-
p g� g cording to the fee schedule provided
ment of the well, or the method of for in section 90 4(f).
repair, where appropriate.
j. The proposed maximum pump capac c. Submit proof of a State of Florida,
ity in gallons per minute (gpm). water well contractor license issued
by the South Florida Water Manage-
k. The anticipated starting date. ment District,in force, and any sub-
1. The South Florida Water Manage Sequent county contractor license,
ment District water use permit num must be provided by the applicant at
ber or the water use application num the time of application for a well
ber, if applicable. construction permit.
m. A well completion report and log for (2) A State of Florida contractor license is
any hole which becomes a water well. required for test holes,test borings,foun
dation holes or hydraulic elevator shafts.
n. A single permit shall be issued for all A specialty license is required by the
test holes located on one site. county and proof of licensure must be
o. Likewise a single permit shall be provided by the applicant with submittal
issued for all monitoring wells to of the permit application.
cated on one site. (3) If the applicant is the landowner, evi-
(3) The application must be signed by the dence of contractor's name and proof of
owner or his authorized agent, if applica license issued by the South Florida Water
ble, and a licensed water well contractor. Management District and/or Collier
County, in force, must be provided to the
(4) The fee required pursuant to section 90- county prior to any work commencing on
4(f) shall be submitted with the permit the permitted well.
application. (4) An applicant must certify that:
(f) Permit application and reinspection fees. a. The proposed well will comply with
The board of county commissioners shall estab- the construction criteria set forth in
lish,by resolution, a schedule of fees and charges section 90-4.
for matters pertaining to this article and allied
matters. It is the intent of these regulations that b. The applicant or owner has obtained
the county shall not be required to bear any part a South Florida Water Management
of the cost of applications made under this article. District water use permit under chap
The schedule of fees and charges shall be posted ters 40E-2 or 40E 20,Florida Admin
in the office of the building department and the istrative Code, if applicable.
resolution establishing such fees shall be on file c. The proposed well will not otherwise
with the clerk to the board. The charges listed adversely affect the water resources.
Supp.No. 17 CD90:4.1
§90-4 COLLIER COUNTY CODE
(5) The application must be complete and (3) If no work is performed or if the well is not
meet all the requirements of this article. completed, a report shall be filed within
30 days of the expiration of the permit
(6) Upon issuance of a permit, the county
stating that no well construction was per-
may impose such special conditions thereon
asformed under the permit or outlining the
may be necessary to protect the pur-
pose and intent of this article. status of the incomplete well.
(4) The county may also require that samples
(h) Duration of permits. Each permit shall be be taken during construction and fur-
valid for a period of six months. In the event nished to the county with the completion
construction, repair, or abandonment is not corn- report.If samples are required,the county
pleted within that time, the county may extend shall provide containers and instructions.
the time limit an additional three months upon
written request by the permittee, provided that (k) Emergency authorization.
the conditions of the original permit application (1) Emergency permits may be issued by the
have not changed. county when one of the following condi-
(i) Suspension and revocation of permits. The tions exist that justify the issuance:
county may suspend or revoke a permit to con- a. An existing well supplying a partic-
struct,repair or abandon a well by written notice ular use has failed and must be
to the permittee under any of the following cir- immediately replaced;
cumstances: b. The health, safety, or general wel-
(1) Material misstatement or misrepresenta-
tion of the people of the county would
tion in the application for a permit; be jeopardized without such autho --�
rization;
(2) Failure to comply with the provisions set c. Emergency authorization is needed
forth in the permit; to immediately mitigate or resolve
(3) Disregard or violation of any provisions of potentially hazardous degradation of
these rules and regulations; or water resources; or
(4) Unforeseen circumstances which may cre d. A serious set of unforeseen, and un
ate a danger to the water resources or the foreseeable circumstances exists
public health, safety or welfare if the well which creates the emergency.
is constructed as permitted. (2) Emergency permits may be applied for
and issued verbally. Mere carelessness or
(j) Well completion report. lack of planning on the part of the appli-
(1) Well completion reports are required for cant, contractor or driller will not consti
the construction, repair or abandonment tute sufficient cause for the issuance of an
of all wells regardless or [of] whether a emergency permit.
permit application is required under sec- (3) The applicant for an emergency permit
tion 90-4(e).Well completion reports shall shall submit an application stating the
be filed with the county within 30 days of need for the emergency permit and the
the completion of work. required fee in accordance with section
(2) The water well contractor shall keep or 90-4(e) and any other requested informa
cause to be kept by a driller in his employ tion within two working days after mak-
an accurate log of all construction, repair ing verbal application for an emergency
or abandonment activities at the site of permit.
construction. Such logs shall be available (4) Sections 90-4(j)and 90-5 shall apply to all
for inspection at the site during all times construction performed under an emer-
when work is in progress. gency permit, except for those conditions
Supp.No. 17 CD90:4.2
NATURAL RESOURCES §90-5
that may be specifically waived by the and Ord. No. 91-56) [Code ch. 22, art. II,
county upon written request by the appli- and ch. 54, art. IV,] as may be amended
cant. from time to time.
(1) Inspection. (5) If, upon basis of an inspection,the county
finds any well is an abandoned well, the
(1) The county is authorized to inspect any well shall be plugged at the owner's ex
well or abandoned well, including those pense in accordance with the methods of
wells permitted under section 90-5 within abandonment as set forth in section 90-5.
its jurisdiction, as it deems necessary to (6) Reinspection fees shall be charged for
insure conformity with applicable stan- additional site visitations resulting from
dards. Such inspection may include but construction deficiencies and/or failure of
not be limited to geophysical logging,wa- the contractor to notify the inspector of a
ter level measurements, or other meth- change in a construction schedule.
ods. Duly authorized representatives of (Ord. No. 04-55, § 2.E.)
the county may, upon proper identifica-
tion and at reasonable times, enter upon Sec. 90-5. Construction,repair and abandon-
and shall be given access to any premises ment standards.
for the purpose of such inspection.
(a) Scope. The regulations in this section re-
(2) If, upon the basis of such inspection, the late to the standards and criteria for the construe-
county finds the standards of sections tion, repair and abandonment of wells. All wells
90-4 and 90-5 have not been met, the within the county unless specifically exempted
county shall give the owner and contrac under section 90-4(c) must comply with these
tor, if applicable, a written notice stating standards regardless of whether a permit is re-
�— which rules have been violated and shall quired under section 90-4.
order that necessary corrective action be (b) Construction methods. Wells must be so
taken within a reasonable length of time constructed, cased, grouted, plugged, capped, or
to be prescribed in such order but not to sealed as to prevent uncontrolled surface flow,
exceed ten days. uncontrolled movement of water from one aquifer
(3) A site inspection may be conducted by an or one to another, contamination of groundwater
or surface water resources, or other adverse im-
authorized representative of the county pacts. The following shall apply to all construe-
prior to issuing a permit for construction, tion, repair, or abandonment of wells in Collier
repair, or abandonment of any well test County, except for:
hole, foundation hole, or hydraulic eleva-
tor shaft. (1) Public water supply wells which shall be
constructed,repaired or abandoned in ac-
(4) The county shall be notified by the con- cordance with chapter 17-555,Florida Ad-
tractor at least 24 hours in advance of the ministrative Code.
commencement of well construction, re (2) Injection wells which have received a per-
pair,or abandonment for all wells.A county mit under chapter 17-28, Florida Admin-
representative may be on-site to observe istrative Code, provided the applicable
the grouting and other construction activ standards of construction are met under
ities.If the county is properly notified and
[the] representative is not at the site at chapter 17-28, Florida Administrative
the appointed time, construction activity Code.
may be accomplished in his their [sic] (c) Location. Wells shall be located so as not to
absence. All work shall be performed in pose a threat of contamination to the water re-
compliance with the current Collier County source and shall be located within the appropriate
Noise Control Ordinances(Ord.No. 90-17 distance established by chapter 10D-4, and chap-
Supp.No. 17 CD90:4.3
§90-5 COLLIER COUNTY CODE
ter 10D-6, Florida Administrative Code. Wells Society for Testing and Materials(ASTM)
located either landward or seaward of the saltwa- A53-77A type S, grade A except as noted
ter barrier line shall conform to the well construe- herein.
tion requirements as provided herein:
(2) Black or galvanized steel casing or liner
(1) Landward of the saltwater barrier line. pipe set into place without driving shall
All wells shall conform to the require- not have less than the dimensions and
ments of this article as set forth in the weights specified in table 2 hereof and
following construction standards as estab- shall conform to the American Petroleum
lished in sections 90-5(d) and 90-5(i). Institute (API) standard 5L, grade A.
(2) Seaward of the saltwater barrier line.All (Ord. No. 04-55, § 2.E.)
wells shall be constructed either doubled TABLE 1. MINIMUM DIMENSIONS AND
with bentonite grout placed between the WEIGHTS FOR BLACK OR GALVANIZED STEEL
inner and outer casing or, if single string CASING OR LINER PIPE INSTALLED
is utilized, the contractor shall use poly-
BY DRIVING
vinyl chloride (PVC) well casing/screen
and shall provide a minimum of two inches Nominal Outside Wall Thick- Plain End
Size Diameter ness Weight
of bentonite grout, or other approved ma- (inches) (inches) (inches) (lbs.I foot)
terial,around the outside of the casing.In 2 2.375 0.154 3.65
single-string construction, the bentonite, 2.5 2.875 0.203 5.79
or other approved material, shall extend 3 3.500 0.216 7.58
3.5 4.000 0.226 9.11
from the bottom of the casing to the ground 4 4.500 0.237 or 10.79 or
surface. In doubled wells, the bentonite 0.188 8.62 "—..,
shall extend from ten feet into the confin- 5 5.563 0.258 14.62
ing unit (clay or marl) which separates 6 6.625 0.280 18.97
the aquifers to the ground surface. Shaft 8 8. 0.280 31.20
10 _ 10.75750 0.307 31.20
holes for hydraulic lifts shall be doubled 12 12.750 0.330 43.77
with a minimum of two inches of bentonite
grout, or other approved material, in the (3) Black or galvanized steel casing installed
annular spaces outside and between cas- by driving with a nominal size between 12
ing strings. The shaft hole shall be ce- and 30 inches shall have a minimum wall
mented a minimum of five feet below the thickness of 0.375 inches and shall be of
bottom of the inner casing. weights as specified by American Na-
tional Standards for Wrought Steel and
(d) Casing and liner pipe standards. Wrought Iron Pipe ANSI B36.10 1970,for
standard pipe. Pipe larger than 30 inches
(1) Well casing and liner pipe shall be new. shall have a minimum wall thickness of
Such casing or pipe shall not be used 0.500 inches and shall be of weights as
unless it is free of leaks, corrosion, and specified by American National Stan-
dents, is straight and true, and is not out dards for Wrought Steel and Wrought
of round. Welded or seamless black or Iron Pipe ANSI B36.10 1970,for standard
galvanized pipe or casing, or stainless pipe.
steel pipe or casing, or approved types of
nonmetallic pipe shall be used for well (4) Four-inch nominal size pipe with a wall
casing or liner pipe. Well casing installed thickness of 0.188 shall be certified by the
by driving shall not have less than the manufacturer to be in accordance with
dimensions and weights specified in Table American Petroleum Institute(API)stan-
1 hereof unless otherwise approved by the dard 5L or ASTM A589-73,A120-77,A53-
county and shall conform to the American 77A,A252-77A grade 2.
Supp.No. 17 CD90:4.4
NATURAL RESOURCES §90-5
TABLE 2. MINIMUM DIMENSIONS AND or threaded couplings or other approved
WEIGHTS FOR BLACK OR GALVANIZED STEEL method which shall meet the strength
CASING OR LINER PIPE SET INTO PLACE requirements of casing as specified in
WITHOUT DRIVING section 90-5(d)(6).
Nominal Outside Wall Thick- Plain End
Size Diameter ness Weight (9) Nonmetallic and stainless steel well cas-
(inches) (inches) (inches) (lbs.I foot) ing or liner pipe shall not be installed or
2 2.375 0.154 3.65 seated by driving unless prior approval is
3 3.500 0.125 4.51 obtained from the county.
3.5 4.000 0.134 5.53
4 4.500 0.142 6.61 a. For well casing or liner pipe in-
5 5.500 0.154 8.79 stalled by driving,the casing or pipe
5.5 6.000 0.164 10.22 shall not butt together inside the
6 6.625 0.185 12.72 threaded couplings unless the joint
8 8.625 0.188 16.90
is electrically welded so as to be
(5) Black or galvanized steel casing or liner completely watertight. A drive shoe
pipe set into place without driving, with is required for use on casing or pipe
an outside diameter less than 3.500 inches installed by driving unless exempted
shall have a wall thickness of not less by the county.
than 0.125 inches. Black or galvanized
steel casing or liner pipe with a nominal (e) Well construction requirements.
size between eight and 16 inches shall
have a wall thickness of not less than (1) In the construction of a well, every rea
0.250 inches. Steel casing or liner pipe sonable caution shall be taken to main-
with anominal size of 16 inches or more tain the premises in sanitary condition
shall have a wall thickness of not less and to minimize the entrance of contam
`-- than 0.375 inches. inants into the water resource.Water and
materials used in construction shall be
(6) Stainless steel pipe used for casing or free of contamination.
liner pipe shall be schedule 10-S of the
American National Standards Institute (2) For wells which penetrate multiple aqui-
(ANSI B 36.19-1976), or stronger classifi- fers or zones, the well shall be completed
cation. so as to prevent cross contamination of
different aquifers or zones and to prevent
(7) Polyvinyl chloride(PVC)pipe may be used leakage of water from one aquifer zone to
for well casing or liner pipe.Any PVC pipe another aquifer zone.
used to construct a water well shall have
been marked by the manufacturer, under (3) For wells finished into unconsolidated aqui-
a method specified by the National Sani fers, the casing shall extend from above
tation Foundation, Ann Arbor, Michigan, top of grade to the well screen.
as suitable for use in well construction. a. The well screen shall be attached to
Any PVC pipe larger than 4.5 inches the casing with a watertight seal.
outside diameter used for well construc-
tion or repair shall have a working pres-
sure rating of not less than 200 psi at 73 packer.
degrees Fahrenheit or shall be ASA sched- c. The screen assembly shall overlap
ule 40. Other nonmetallic pipe may be the casing by at least ten feet.
approved by the county.
d. For wells finished into consolidated
(8) Steel well casing and liner pipe may be aquifers, a continuous casing shall
joined in a watertight manner by threaded extend from above top of grade into
couplings or electrical welding methods. the top of the aquifer. For artisan
PVC pipe shall be joined by solvent bonded wells, the casing shall penetrate the
Supp.No. 17 CD90:4.5
§90-5 COLLIER COUNTY CODE
entire thickness of the overlying for- shall be grouted by pumping cement or
mations above the aquifer or produc- bentonite grout through the casing or
ing one within the aquifer. through a tremie pipe outside the casing
e. In all cases,casing shall extend from only after the annular space is flushed
land surface to a minimum of three clean of debris.
feet below land surface. Grouting under gravity pressure will not
be allowed. The minimum set time for
f. At a minimum, all domestic potable grouting of casing shall be 12 hours before
and irrigation wells shall be left and drilling operations may continue.Bentonite
maintained at finished ground floor grout may be used only on domestic, irri-
elevation.All other wells shall be left gation, water source or ground source
and maintained at least 12 inches heat pump installations or well abandon-
above finished grade, unless other- ments with a nominal casing diameter of
wise permitted. four inches or less.Use of bentonite grout
(f) Grouting and sealing.Wells shall be grouted shall not be allowed on public supply
and sealed to protect the water resource from wells, wells in delineated areas, where
degradation caused by movement of waters along artesian flow occurs or in any identified
the well annulus either from the surface to the contamination sites.Bentonite grout shall
aquifer or between aquifers,and to prevent loss of be capped with neat cement in the upper
artisan pressure in artisan aquifers. All wells three feet of the annular space to prevent
shall be constructed and sealed using a method damage to the bentonite seal.
which insures that an open or unnaturally per- (2) All wells must have an annular space
meable annular space does not remain when a equal to or greater than two inches for
well is completed. grouting.
(1) The casing shall be centered in the borehole (3) Wells constructed in unconsolidated for
prior to grouting and sealing. Centering mations by any method which creates an
guides shall be used in all grouted wells, annular space shall be grouted no more
not less than one guide for each 40 feet of than ten feet above the top of the screen to
casing installed. Integrity of the borehole land surface.
shall be maintained by those methods (4) All other wells shall be grouted from the
necessary to ensure proper placement of bottom of the casing to land surface.
the grout in the annular space. In those (5) Grouting and sealing of water wells shall
cases where, during grouting operations, be accomplished by the practices and meth-
circulation of the grout is lost so that the ods recommended by section A1-8.4 of
annular space being grouted cannot be AWWAA100-66,AWWA Standard for Deep
filled in one continuous operation,a tremie Wells, American Water Works Associa-
pipe shall be installed in the annular tion, Inc., or other methods approved by
space to a point immediately above the the county.
zone of lost circulation and the annulus (6) Galvanized steel casing shall be grouted
shall be bridged at that point by sand and by using bentonite grout or some other
other approved material introduced acceptable material without the addition
through the pipe. Grouting or sealing of of cement.
the annular space shall be completed us-
ing the pipe or other approved methods.A (7) Wells constructed by methods which re-
tremie pipe, or other approved method quire driven well casing are exempt from
may also be used to complete grouting sections 90-5(f)(2)and 90-5(f)(3),provided
when the total volume of grout to be all of the following conditions are met:
implaced exceeds that which can be safely a. Casing shall be driven from land
implaced in one continuous operation.Wells surface to its final depth in a borehole
Supp.No. 17 CD90:4.6
NATURAL RESOURCES §90-5
smaller in diameter than nominal able plug shall be provided and accessible
outside diameter of the casing used, at the wellhead for wells four inches or
or be driven from land surface to its greater in diameter.
final depth ahead of the drill bit;
(g) Explosives. The use of explosives in well
b. A drive shoe is used; construction or development is prohibited unless
c. No annular space exists after casing specifically approved pursuant to section 90-4(d).
is installed; (1) Provide a sketch or drafted map identify-
d. The uppermost three feet of the cas- ing the location and distance to all wells,
ing must be grouted to provide pro- septic tanks, and drainfields from the
tection from contaminated surface proposed well, at the time of this applica-
water; tion. This applies to wells, septic tanks,
and drainfields on both the subject grop-
e. The well is sealed in accordance with erty and on all contiguous and closely
sections 90-5(f)(8) and 90-5(0(9); adjacent properties.This requirement ap-
plies to those wells, septic tanks, and
f. All other requirements of this sub- drainfields that are either installed, un-
section are met. der construction, or permitted at the time
(8) Temporary well seal. Whenever there is a of this application. The staked location of
the well for which this permit is being
temporary interruption in work on the requested must meet all applicable set
well during construction, repair, or aban- back requirements.
donment,the well opening shall be sealed
with a substantial watertight cover, ex- (h) Flowing wells. If the well flows at land
cept for those areas of Collier County in
surface, each well shall be provided with a valve
which pumping equipment is installed pursuant to F.S. § 373.206.
seasonally or periodically.Whenever pump-
ing equipment is not installed, the well (i) Abandoned well and test hole plugging.
shall be capped with a watertight cap or
valve. If a temporary well seal is in- (1) Any well which was not constructed in
stalled, an unobstructed inspection port accordance with the standards of section
must be provided for wells four inches or 90-5 and fails to be corrected upon written
greater in diameter. notice in accordance with section 90-
4(1)(2)shall be deemed an abandoned well.
(9) Permanent well seals. Wells located on
ground subject to flooding shall be prop- (2) Any well which is an abandoned artisan
erly sealed to prevent the movement of well under F.S. §373.203(3),or its succes-
contaminants and surface water into the sor, shall be plugged in accordance with
well. The upper end of the well casing section 90-5(i)(3) below.
shall include a watertight seal, and all
vents shall be above the 100-year flood (3) All abandoned wells shall be plugged by
level.Pumping equipment and any neces- filling them from bottom to top with neat
sary pipe or electrical connections shall be cement grout or other approved materials
so installed to prevent inadvertent intro- within a time specified by the county,
duction of contaminants into the well. unless otherwise provided in writing by
Pumping equipment and any necessary the county. The plugging shall be to re-
piping or electrical connections installed store or improve the hydrologic conditions
within the casing shall be installed through which existed before the well was con-
a well seal. An unobstructed inspection structed. The work shall be accomplished
port equipped with a temporary remov- by a licensed water well contractor.
Supp.No. 17 CD90:4.7
§90-5 COLLIER COUNTY CODE
(4) A request to abandon a well shall be application or the commencement of any work
submitted on the application form pro- related to the installation of elevator shafts,foun-
vided by the county. dation holes, and/or test borings.
(Ord. No. 04-55, § 2.E.)
(5) Test holes for the purpose of obtaining State law reference—Licensing of water well contrac-
data for engineering studies, seismo- tors,F.S.§373.323 et seq.
graphic,geophysical or geological explora-
tion or prospecting for minerals but not Sec. 90-7. Administration.
for the purpose of either producing or
disposing of water shall be plugged by This article shall be administered by the county
filling them from bottom to top with a manager or any other person or agency desig-
neat cement grout or other approved grout- nated by the board of county commissioners. In
ing material immediately upon comple- making this delegation,the county manager may
tion of tests. The contractor shall be re- designate specific staff members to carry out
sponsible for the proper plugging of such various tasks,but overall supervision and respon-
test holes. sibility shall rest with the county manager. The
county manager is expressly authorized to en-
(j) Wellhead protection. All permanent wells in force and issue permits under this article.
Collier County must be double cased for the top (Ord. No. 04-55, § 2.E.)
six and one-half feet. The outer casing must
extend five feet below original(natural)grade and Sec. 90-8. Penalties.
18 inches above original grade.
If any person fails or refuses to obey or comply
The outer casing must have a diameter four with or violates any of the provisions of this
inches larger (at a minimum) than the well cas- article, such person upon conviction of such of-
ing.The well casing must extend to a minimum of fense, shall be guilty of a misdemeanor and shall
24 inches above original grade (six inches above be punished by a fine not to exceed$500.00 or by
the outer casing). imprisonment not to exceed 60 days in the county
jail, or both, in the discretion of the court. Each
The space between the two casings must be violation or noncompliance shall be considered a
grouted with a portland cement grout. separate and distinct offense.Further,each day of
(Ord. No. 04-55, § 2.E.) continued violation or noncompliance shall be
considered as a separate offense. Nothing herein
Sec. 90-6. Contractor licensing and equip- contained shall prevent or restrict the county
ment registration. from taking such other lawful action in any court
of competent jurisdiction as is necessary to pre-
Chapter 17-531, Florida Administrative Code, vent or remedy any violation or noncompliance.
or its successor, which requires the licensing of Such other lawful actions shall include, but shall
water well contractors and registration of drilling not be limited to, equitable action for injunctive
equipment,is adopted by reference and made part relief or an action at law for damages. Further,
of this article. Any hereafter required county nothing in this article shall be construed to pro-
water well contractor license must be obtained by hibit the county from prosecuting any violation of
the water well contractor prior to request for a this article by means of a code enforcement board
well construction permit or commencement of established pursuant to the authority of F.S. ch.
well construction. Although persons engaged in 162. All remedies and penalties provided for in
the installation of elevator shafts, foundation this article shall be cumulative and indepen-
holes, and/or test borings may or may not have a dently available to the county and the county
license issued by the South Florida Water Man- shall be authorized to pursue any and all reme-
agement District, any county license required dies set forth in this article to the full extent
under a county ordinance must be obtained by allowed by law.
such person(s)prior to the submittal of the permit (Ord. No. 04-55, § 2.E.)
Supp.No. 17 CD90:4.8
NATURAL RESOURCES §90-26
Secs. 90-9-90-25. Reserved. Closed system means any reservoir or works
located entirely within lands owned or controlled
by the user and which requires water only for the
ARTICLE II. WATER RESOURCES filling, replenishing, and maintaining the water
MANAGEMENT* level thereof.
Cone of depression means the depression pro-
DIVISION 1. GENERALLY duced in a water table or other potentiometric
surface by the extraction of water from a well.
Sec. 90-26. Definitions.
Consumptive use means the use of water which
The following words,terms and phrases,when depletes the supply or renders it not available for
used in this article, shall have the meanings reuse in the area from which it is withdrawn.
ascribed to them in this section,except where the Dam means any artificial or natural barrier,
context clearly indicates a different meaning: with appurtenant works, raised to obstruct or
Act means the Florida Water Resources Act of impound,or which does obstruct or impound, any
1972, F.S. ch. 373, and any amendments thereto. of the surface waters in the county.
Alter means to extend a dam or works beyond Department means the department of natural
maintenance in its original condition, including resources or its successor agency or agencies.
changes which may increase or diminish the flow
or storage of surface or ground water which may
affect the safety of such dam or works.
Appurtenant works means any artificial im-
provement to a dam which might affect the safety
of such dam, or when employed, might affect the
holding capacity of such dam or of the reservoir or
impoundment created by such dam.
Aquifer means a hydrologic unit consisting of a
geologic formation, a related group of formations,
or part of a formation related to water, wells or
springs.
Artificial recharge means the introduction of
any fluid substance into any underground forma-
tion.
Board, water management advisory (WMAB)
means the board established by the board of
county commissioners to conduct hearings on
permit applications in relation to water manage-
ment, and make recommendations to the board of
county commissioners for approval or denial and
to make recommendations to the board of county
commissioners for investigations,studies and cap-
ital improvements to carry out the public interest
aims and purposes of this article.
*Cross references—Floods, ch. 62; stormwater utility,
§ 134-311 et seq.
State law reference—Water resources,F.S.ch.373.
Supp.No. 17 CD90:4.9
NATURAL RESOURCES § 90-26
Diversion means the moving of water from wells, the state and all political subdivisions, regions,
aquifers, watercourses, or other bodies into a di- districts, municipalities and public agencies
versionary facility. thereof.
Diversionary facility means any artificial de- Project works means any natural or artificial
vice which diverts water within the county in- surface watercourse, impoundment, levee, dike,
eluding, but not limited to, a well, ditch, canal, dam, floodway,pumping station,bridge,highway
swale, dam, impoundment reservoir, water in- or other work or facility owned, operated or
take pipe, appurtenant work and works. adopted by the board.
Domestic use means any use of water for indi- Reasonable-beneficial use means the use of water
vidual personal needs or for household purposes in quantities necessary for economic and efficient
such as drinking,bathing,heating,cooking or san- use, for a purpose and in a manner, which is rea-
itation. sonable and consistent with the public interest.
Emergency means when the public health, Reservoir means any artificial or natural
safety,welfare or utility,or the health of animals, holding area which contains or will contain water
fish or aquatic life, or a public water supply or impounded by a dam.
recreational, commercial,industrial,agricultural
or other reasonable use of water is immediately Stream means any river, creek, slough, or nat-
endangered or threatened by insufficient supply, ural watercourse in which water usually flows in
restricted source,deleterious quality or other con- a defined bed or channel. It is not essential that
dition of water in the county. the flow be uniform or uninterrupted. The fact
that some part of the bed or channel shall have
Emergency due to water shortage means when been dredged or improved does not prevent the
an emergency exists due to a water shortage and watercourse from being a stream.
the powers exercisable under this article are not
sufficient to protect the public health, safety, or Surface water means water on the surface of the
welfare, or the health of animals, fish or aquatic earth,whether contained naturally or artificially,
life,or a public water supply,or recreational,com- or diffused. Water from natural springs or wells
mercial, industrial, agricultural, or other reason- shall be classified as surface water when it exits
able uses. from the spring or well onto the earth's surface.
Groundwater means water beneath the surface Surface watercourse means water upon the sur-
of the ground, whether or not flowing through face of the earth, whether contained in bounds
known and definite channels. created naturally or artificially, which usually
flows in a defined bed or channel. It is not essen-
Impoundment means any lake, reservoir, pond, tial that the flow be uniform or uninterrupted.
or other containment of surface water, fresh or
saline, occupying a bed, basin, hollow or depres- Underground formation means any geological
sion in the earth's surface with or without a cur- unit, part of a unit, or group of units lying be-
rent or single direction of flow and having a dis- neath the surface of the ground.
cernible shoreline. Water or waters in the county means any and all
Other watercourse means any canal, ditch, or water on or beneath the surface of the ground,
other artificial watercourse in which water usu- including natural or artificial watercourses,lakes,
ally flows in a defined bed or channel. It is not ponds, or diffused surface water and water perco-
essential that the flowing be uniform or uninter- lating,standing,or flowing beneath the surface of
rupted. the ground, including all coastal waters within
Person means any and all persons, including, the geographical boundaries of the county, as de-
but not limited to, any individual, firm, associa- fined by law.
tion,organization,partnership,business trust,cor- Water shortage means when all or part of the
poration, company,the United States of America, county has insufficient water available to meet
CD90:5
§ 90-26 COLLIER COUNTY CODE
the requirements of the permit system, or when cluding the use of such water, and the construc-
conditions require a temporary reduction in total tion, alteration, maintenance and operation of all
use within an area to protect water resources from water wells, dams, impoundments, reservoirs, ap-
serious harm. purtenant works and works within the county,
Well means any excavation that is drilled,cored, unless specifically exempted from regulation or
bored, washed, driven, dug, jetted, or otherwise control by general law or special act.
constructed when the intended use of such exca (Ord. No. 74-50, § 1(1.02))
vation is for the location, acquisition, develop-
ment, or artificial recharge of groundwater; but Sec. 90-29. Powers and duties of board of
not including sand point wells or other wells for county commissioners.
obtaining or prospecting for oil, natural gas, min-
erals, or products of mining or quarrying, or for The powers and duties of the board of county
inserting media to dispose of oil brines or to re- commissioners shall include, but not be limited
pressure an oil or natural gas bearing formation to, the following:
or for storing petroleum,natural gas,or other prod-
ucts. (1) To protect the inhabitants, the land and
Works means any artificial structure not in other property within the county from a sur-
cluded in the definition of dam and appurtenant plus or deficiency of water as it deems ben
eficial to the public health, safety, welfare
work,including but not limited to ditches,canals, and utility.
conduits, channels, culverts,pipes, and other con-
struction that connects to, draws water from, (2) To establish, maintain and control water
drains water into, or is placed in or across the levels in all canals, lakes, rivers, channels,
waters in the county, but shall not include wells. reservoirs, streams and other bodies of
(Ord. No. 74-50, § 1(1.04)) water within the county.
Cross reference—Definitions generally, § 1-2.
Sec. 90-27. Purpose. (3) To regulate and control discharge into or
withdrawal from all waters in the county.
(a) The purpose of this article is to establish the
water management policy of the county, to effect, (4) To buy,sell,exchange,and distribute water.
within the limits of the authority allowable by
the adopted rules of the South Florida Water Man- (5) To require each user of water to install and
agement District and separately those projects ex- maintain a substantially accurate and ser-
empt from the South Florida Water Management viceable measuring device acceptable to,
District regulations,the maximum beneficial use, and at any point designated by, the board
development, conservation and protection of the to measure the water discharged or di-
water resources of the county in the best interest verted; to require any user of water to re-
of the public and to prevent the depletion, deteri- port on such forms and for such periods as
oration, waste, and unreasonable use of water re- required, the amount of water measured
sources. and to provide such other information as
(b) The following regulations are established to the board may require.
control all water within the geographic bound- (6) To establish the minimum flow of all sur-
aries of the county to carry out the intents and face watercourses, and the minimum level
purposes of the Florida Water Resources Act of of all ground and surface water to be main-
1972, F.S. ch. 373, as amended and of this article. tained in the county.
(Ord. No. 74-50, § 1(1.01); Ord. No. 90-10, § 1)
Sec. 90-28. Scope of jurisdiction. (7) To formulate plans for periods of water
shortage, and to impose restrictions in ac-
The board of county commissioners shall regu- cordance with such plan when necessary to
late and control all ground and surface water, in- protect the water resources of any area.
CD90:6
NATURAL RESOURCES §90-41
• (8) To determine the existence of an effluent into the waters, adjacent soils or
emergency in the county and to require underground formations of the county by
such action as the board deems neces- surface discharge, or other method;
sary in accordance with law. (5) Connect or place structure in, on, under
(9) To cause entry upon any private property or across project works,or otherwise mar
at such times as necessary or desirable to use of project works or lands of the
conduct inspections and surveys for the county.
purposes of this article. No landowner shall be denied a permit to
(Ord. No. 74-50, § 1(1.03)) withdraw water from his land for his reasonable-
beneficial domestic use.
Sec. 90-30. Conflicts.
• (b) Each application for a permit shall be
If any portion of this article is in conflict with accompanied by a nonrefundable fee as established
an ordinance of any municipality within the from time to time by resolution of the board of
county, it shall not be effective within the county commissioners and shall be filed with the
municipality to the extent of such conflict. county administrator in a form to include, but
(Ord. No. 74-50, § 2) not be limited to, the following information:
State law reference—Conflicts between ordinances of
noncharted counties and municipal ordinances, Fla. Const. (1) Date the application is filed;
art. VIII,§(f). (2) Name and address of the applicant (if a
corporation, address of the local and
Secs. 90-31-90-40. Reserved. principal business office);
(3) The source of water supply (if a lake,
DIVISION 2. PERMITS* spring, river, stream or other surface
water, the name generally used in the
Sec. 90-41. Permit required. vicinity,if a groundwater source,so state);
(a) It shall be unlawful without first obtain- (4) The quantity of water applied for,the use
ing a permit as required by this article, for any to be made of the water and any limita
person, including a landowner, lessee or other tion including the nature of the use,
person with the right or duty to control the use of method of withdrawal or diversion, and
facts upon which the amount of water
land, to: requested is based;
(1) Use,divert,or withdraw any water within (5) The place and land area where the water
the county; is to be used;
(2) Construct, alter, operate, maintain or (6) The location of the surface water point of
abandon any dam, impoundment, diversion;
reservoir, appurtenant work or works in
the county; (7) The total land area owned or leased by
the applicant from which water is to be
(3) Begin construction of any project to withdrawn;
artificially recharge any aquifer or (8) The signature of the applicant or his
intentionally introduce water to any
underground formation in the county; agent(if a representative capacity,attach
proof of authority;if a corporation,public
(4) Discharge industrial or commercial waste district,county,municipality,etc.,include
or public, municipal or private sewage a certified copy of the authority by which
the application is made);
*State law references—Permits for consumptive uses of
water,F.S. §373.219 et seq.;permits for dams,reservoirs and (9) Other information required by the board
similar facilities,F.S. §373.413 et seq. of county commissioners.
Supp. No. 72 CD90:7
§90-41 COLLIER COUNTY CODE
(c) The board of county commissioners shall (f) In accordance with the provisions of Sec-
have the authority to effect changes in the tion 40E4.091(1)(a),F.A.C. as it may be amended
nonrefundable application fee for permits by from time to time, the following local design
adoption of a resolution. criteria shall be used in Collier County for new
(d) All building permit applications requiring development and redevelopment as defined in
review and approval of a water management LDC Section 3.07.02.A.2:
system design shall be charged a review fee. The
board of county commissioners shall establish, (1) Section 3.2: Discharge Rate - Off-site
and adopt, by resolution, a schedule of fees for discharge contributed by a development
building permit related water management system is limited to amounts which will not
design review and approval pertaining to this cause adverse off-site impacts. These
article. The schedule of fees shall be posted in amounts may be determined by: (most
the office of the building department and the restrictive applies)
development services department and the resolu- a. Historic discharge rates;
tion establishing such fees shall be on file with
the clerk of the board of county commissioners. b. Rates determined in previous
The schedule of fees may be changed in accordance SFWMD permit actions;
with standard resolution adoption and amend c. Rates specified in SFWMD criteria
ment procedures of the board of county commis-
(See Appendix A);
sioners and repeal or amendment of the schedule
shall not be subject to the procedure otherwise d. Rates based on system capacity for
necessary for amendment of this article. selected County primary outfall
(e) Chapters 40E-2, 40E-4, 40E-20 and 40E- canals, unless special engineering
40,Florida Administrative Code,as same may be studies are provided by a Registered
amended from time to time, are incorporated Professional Engineer, shall be as
herein by reference as a part of this article. follows:
ALLOWABLE POST-DEVELOPMENT DISCHARGE FORMULAS FOR COLLIER COUNTY CANALS
-d nal Allowable Runoff Design Freq./Dur.
AIRPORT ROAD NORTH CANAI. 25.6 CSM(0.04 cfs/acre) 25 year/3 day
BASIN
AIRPORT ROAD SOUTH CANAL 38.4 CSM(0.06 cfs/acre) 25 year/3 day
BASIN
COCOHATCHEE RIVER CANAL 25.6 CSM(0.04 cfs/acre) 25 year/3 day
BASIN
LELY CANAL BASIN 38.4 CSM(0.06 cfs/acre) 25 year/3 day
HARVEY CANAL BASIN 38.4 CSM(0.06 cfs/acre) 25 year/3 day
WIGGINS BAY OUTLET BASIN 83.2 CSM(0.13 cfs/acre) 25 year/3 day
HENDERSON CREEK-BELLE 38.4 CSM(0.06 cfs/acre) 25 year/3 day
MEADE BASIN NORTH
HENDERSON CREEK-BELIE 25.6 CSM(0.04 cfs/acre) 25 year/3 day
MEADE BASIN SOUTH
URBAN IMMOKALEE BASIN 32.0 CSM(0.05 cfs/acre) 25 year/3 day
EAST
URBAN IMMOKALEE BASIN 64.0 CSM(0.10 cfs/acre) 25 year/3 day
WEST
951 CANAL NORTH BASIN 70.4 CSM(0.11 cfs/acre) 25 year/3 day
C-4 CANAL BASIN 70.4 CSM(0.11 cfs/acre) 25 year/3 day
CORKSCREW CANAL BASIN 25.6 CSM(0.04 cfs/acre) 25 year/3 day
CYPRESS CANAL BASIN 38.4 CSM(0.06 cfs/acre) 25 year/3 day
FAKA-UNION CANAL BASIN-N 57.6 CSM(0.09 cfs/acre) 25 year/3 day
Supp. No. 72 CD90:8
NATURAL RESOURCES §90-41
Canal Allowable Runoff Design Freq./Dur.
GORDON RIVER EXTENSION 57.6 CSM(0.09 cfs/acre) 25 year/3 day
BASIN
1-75 CANAL BASIN 38.4 CSM(0.06 cfs/acre) 25 year/3 day
IMPERIAL DRAINAGE OUTLET 76.8 CSM(0.12 cfs/acre) 25 year/3 day
BASIN
LELY MANOR CANAL BASIN 38.4 CSM(0.06 cfs/acre) 25 year/3 day
MAIN GOLDEN GATE CANAL 25.6 CSM(0.04 cfs/acre) 25 year/3 day
BASIN
PALM RIVER CANAL BASIN 83.2 CSM(0.13 cfs/acre) 25 year/3 day
PINE RIDGE CANAL BASIN 83.2 CSM(0.13 cfs/acre) 25 year/3 day
e. In all other areas of the County demonstration of guarantees of long term
off-site discharge shall not be in operation and maintenance of system
excess of 0.15 cfs/acre. bleed-down ability. This must normally
Variations to the above requirement may consist of proof of excellent soil percola-
be allowed with County staff approval tion rates by an approved field test for
based upon special engineering studies determining hydraulic conductivity
prepared by a Registered Professional (example:coastal ridge sands)or an opera-
Engineer. Unless otherwise specified by tions entity which specifically reserves
previous SFWMD permits or SFWMD funds for operation, maintenance and
criteria, a stormwater event of a 3-day replacement.
duration and 25-year return frequency
shall be used in computing off-site (5) Section 3.2.2.2.b.: Commercial or
discharges. Allowable discharges will be industrial zoned projects shall provide at
designated by SFWMD on a case by case least one-half inch of dry detention or
basis upon request. retention pretreatment as part of the
required retention/detention, unless
(2) Section 3.2.1.3.:Local government criteria reasonable assurances can be offered that
- Designs shall provide drainage and hazardous materials will not enter the
flood protection in accordance with the project's surface water management
following: system. Such assurances may include
a. Roads and parking lot travelways: deed restrictions on sale property
1. Frequency, 25 years occupancy, recorded lease agreements,
local government restrictive codes,
2. Duration, 3 days ordinances,licenses,engineered contain-
b. Parking areas: ment systems, etc.
1. Frequency, 10 years (Note: Pretreatment shall be
2. Duration, 1 day included in the net required reten-
(3) Section 3.2.2.2.a.2.:Dry detention volume tion/detention per 3.2.2.2.a after
credits earned from, 3.2.2.2.c and e,
shall be provided equal to 75 percent of as amended).
the amounts computed for wet detention,
but not less than one inch of runoff. (6) Section 3.2.2.2.e.:Water surface and roofed
(4) Section 3.2.2.2.a.3.: Retention volume areas can be deducted from site areas for
shall be provided equal to 50 percent of water quality pervious/impervious
the above amounts computed for wet percentage calculation only. Roof areas
detention but not less than one inch of can be deducted only if there is a direct
runoff. Retention volume included in flood connection from the roof drainage to the
protection calculations requires a receiving water. Direct connection shall
Supp. No. 72 CD90:9
§90-41 COLLIER COUNTY CODE
be piped over such a short distance so to evidence that completion of the planned
not pick up pollutants during transporta- elevation of the lot will not cause a
tion to the detention/retention area. violation of this provision, or shall be
required to modify the planned lot elevat-
(7) For those projects exempt from SFWMD ing activities to eliminate the anticipated
regulations in accordance with chapter flow of additional surface water, by
40E, section 4.053, only section 3.2.2. construction of a depression, such as a
(water quality) of Basis of Review shall swale, or by some other appropriate
be required as amended by subsections measures. If the elevation of the lot is
(3) through (6) of this subsection. raised by such filling,grading or other lot
elevating actions and it is proven that
(8) Raising elevation of single family thereafter additional surface water flows
residence lot subsequent to construction off of the lot onto land owned by another
of the residence. Subsequent to the landowner, it shall be a rebuttable
construction of a single-family residence presumption that such additional surface
on the respective lot (parcel of land), it water run-off was caused by that eleva-
shall be a violation of this article to cause tion of the water source single-family
"additional surface water" to run onto residence lot. Anyone who claims to be
any real property owned by another "grandfathered" against application of
landowner by filling,grading or otherwise this provision(by alleging that the respec-
raising the elevation of the respective tive grading,filling,or other lot elevating
water source single family residence lot. actions were completed prior to the effec-
This provision shall not apply to the tive date of this provision)shall have the
extent that such filling, grading or other burden of proving the allegation.
land elevating acts occur concurrently (Ord. No. 74-50, § 1(2.01); Ord. No. 76-67, §§ 1,
with the initial construction of the single- 2; Ord. No. 81-24, § 1; Ord. No. 88-77, § 1; Ord.
family residence. This provision shall No. 88-99, § 10; Ord. No. 90-10, § 4; Ord. No.
not apply to the extent that such filling, 01-27, §§ 1, 2, 5-22-01; Ord. No. 2017-19, § 1)
grading or other land elevating acts are Sec. 90-42. Standards governing issuance.
mandated by statute, ordinance, rule or
regulation. In the context of this provi (a) To obtain a permit, an applicant must
sion "additional surface water" shall be demonstrate that:
limited to surface water that exceeds the (1) The applicant has right to the beneficial
historic surface water flows from the use of the land with a reference to the
respective single-family residence lot. If land's recorded title and any lease agree
the historic surface water flows are ment; and
exceeded because of such filling, grading (2) The intended use is a reasonable-beneficial
or other actions,it shall be the responsibil use as defined hereinabove, is consistent
ity of the owners of such water source lot with the public interest, and will not
to eliminate the flow of such additional interfere with any legal use of water
surface water by construction of a depres existing at the time of application,includ-
sion,such as a swale,or by other appropri-
ate measures. If such grading, filling or exercised under the authority of a valid
other lot elevating actions come to the permit.
attention of staff prior to their comple- (b) In determining if a use is consistent with
tion, staff may issue a stop work order if the public interest, the board of county commis-
staff reasonably believes that such fill- sioners may consider, among others, the follow-
ing, grading, or other lot elevating acts ing factors:
are likely to cause a violation of this (1) The maximum economic development of
provision, in which event the landowner the water resources consistent with pres-
of the water source lot shall either provide ent and future uses.
Supp. No. 72 CD90:10
NATURAL RESOURCES §90-44
(2) The control of such waters for six months after the effective date of the
environmental protection,drainage,flood ordinance from which this article was
control and water storage and other such derived.
purposes. (2) Each user of water within the county,
(3) The quantity of water available for a including Water Management District
reasonable-beneficial use. Number 7, must apply for a permit to
continue use within six months after the
(4) The prevention of wasteful, uneconomi- effective date of the ordinance from which
cal, impractical or unreasonable uses of this article was derived.
water resources.
(3) Failure to report or apply within the
(5) The preservation and enhancement of above periods of time shall create a
the water quality of the state and the conclusive presumption of abandonment
provisions of the water quality standards of the use. If the user desires to revive
and classifications as established by the the use, he must apply for a permit in
state department of environmental regula- accordance with section 90-44.
tion.
(6) The state water resources policy as (b) The board of county commissioners shall:
expressed in the act. (1) Conduct an advertised public hearing if:
a. The board of county commissioners
(c) The board of county commissioners may has reason to believe the existing
authorize the holder of a use permit to transport use is not a reasonable beneficial
and use ground or surface water beyond overly- use, or is not allowable under the
ing land or outside the watershed from which it common law of this state; or
is taken if the board of county commissioners
Loo determines that such transport and use is b. The board of county commissioners
consistent with the public interest. determines that a permit should be
for a smaller quantity of water than
(d) The board of county commissioners may sought,or should contain substantial
reserve water from use by permit applicants in limitations.
such locations and quantities and for such seasons
of the year as may be necessary to protect the (2) Issue a permit to continue an existing
public health, safety, welfare and utility or fish use after a hearing in accordance with
and wildlife. Such reservations shall be subject section 90-41, if the existing use is a
to periodic review and revision in consideration reasonable beneficial use as defined
of changed conditions. All legal uses of water at hereinabove and is allowable under the
the time of the reservation shall not be subject to common law of this state.
this section if not contrary to the public interest. (3) Be advised in public hearing of the size,
(Ord. No. 74-50, § 1(2.02)) location and capacity of permits for
withdrawals issued by the county
Sec. 90-43. Existing uses. administrator.
(a) All uses of water in existence prior to the (Ord. No. 74-50, § 1(2.03))
effective date of the ordinance from which this Sec. 90-44. Competing applications.
article was derived,unless exempted by law,may
be continued after adoption of this permit system (a) If two or more applications compete for
if a permit is issued and a report made as the same type of use and source of water that is
provided hereinbelow: inadequate for all, or that for any other reasons
are in
(1) Within County Water District Number 7
the location and size of each well must be
reported to the county engineer within
Supp. No. 72 CD90:10.1
NATURAL RESOURCES §90-47
conflict, the board of county commissioners shall day may be approved without a hearing if the
approve or modify the applications to best benefit applicant demonstrates:
the public interest. In considering the relative
public benefits,the board of county commissioners (1) A change in conditions so that the water
shall consider the following: permitted is inadequate; and
(1) Purposes expressly declared to be in the (2) The proposed increase complies with sec-
public interest in F.S. § 373.016 shall be tion 90-42.
given primary consideration. (b) If the modification is for a decreased need
(2) Public users shall be preferred over private for water, the permittee or the county adminis-
users. trator shall notify the board of county commis-
sioners in writing.
(3) Economically more productive uses shall be (c) The board of county commissioners may
preferred over less economically productive
uses. grant modification of other terms of a permit. A
hearing shall be held if the modification substan-
(b) If two or more competing applications that tially affects the interest of the public,or any legal
equally qualify under subsection(a)of this section user.
cannot be reconciled by modification,the board of (d) Each renewal application shall be processed
county commissioners shall give first preference as a new application.
to renewal applications. If none or all are renewal
applications, preference shall be given to the first (e) Upon written request a permit may be trans-
properly filed application. ferred if the use remains the same. Terms and
(Ord. No. 74-50, § 1(2.04)) conditions of the permit shall be binding on the
transferee.
Sec. 90-45. Duration. (Ord. No. 74 50, § 1(2.06))
(a) Permits may be issued for a period not to Sec. 90.47. Revocation.
exceed five years upon source of supply, type of
use, or both. (a) After a hearing, the board of county com-
missioners may:
(b) The board of county commissioners may au-
thorize permits for up to 50 years in the case of a (1) Revoke any permit for nonuse of the water
governmental body, public works, or public ser- supply for a period of two years or more.
vice corporation if required to retire bonds for con-
struction of water and waste disposal facilities. (2) Revoke, in whole or in part, any permit for
(Ord. No. 74-50, § 1(2.05)) any material false statement in an applica-
tion to continue, initiate, or modify a use;
or in any report or statement of fact re-
Sec. 90-46. Modification, renewal and quired of the user pursuant to this article
transfer. or regulation hereunder.
(a) A permittee or the county administrator (3) Revoke or temporarily suspend in whole or
shall apply for the board of county commissioners in part, any permit for the willful violation
to approve modification of an unexpired permitted of any condition of a permit.
use.If the modification is for an increase of 100,000
gallons of water per day or more, the application (4) Suspend, in whole or in part, for a period
shall be processed as a new application for a permit not to exceed one year, any permit for the
as provided hereinabove. Application for an in- violation of any provision of this article or
crease of less than 100,000 gallons of water per regulation hereunder.
CD90:11
§ 90-47 COLLIER COUNTY CODE
(b) The board of county commissioners may
cancel any permit with the written consent of the
permittee.
(Ord. No. 74-50, § 1(2.07))
Sec. 90.48. Emergency authorization for use,
withdrawal or diversion of water.
(a) The county administrator may grant emer-
gency authorization to begin use, withdrawal, or
diversion of water prior to issue of a permit when
emergency conditions exist if the use,withdrawal
or diversion is being considered for a permit, and
if unforeseen or unforeseeable circumstances
create an emergency.Mere carelessness or lack of
planning by the applicant shall not be sufficient
grounds to warrant an emergency authorization.
(b) If a change in water quantity or quality oc-
curs which prevents further use of water for ag-
ricultural purposes, the permittee, or his desig-
nated agent,shall notify the county administrator
of this condition. The county administrator shall
verify the condition and may authorize the relo- �.
cation of the well to a site requested by the appli-
cant, if the new site is determined not to be po-
tentially damaging to the water source, within
the standards established by this article.
(c) If an existing well suffers structural damage
requiring abandonment,the owner and user shall
advise the county administrator who will verify
the condition and may immediately authorize the
relocation.
(Ord. No. 74-50, § 1(2.08))
Sec. 90-49. Existing permits.
Any user holding a permit or permit agreement
for the use of water, executed or issued by the
board of county commissioners prior to July 1,
1973 shall request the county, in writing, to con-
vert such permit to a permit under this article.
Failure to request such a conversion within two
years from the effective date of the implementa-
tion of these regulations shall be conclusive
grounds for cancellation of the existing permit.
(Ord. No. 74-50, § 1(2.13))
CD90:12
NATURAL RESOURCES § 90-49
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CD90:13
§ 90-50 COLLIER COUNTY CODE
Secs. 90-50-90-60. Reserved. hearing before the board of county commissioners
within ten days after the order is served. If the
DIVISION 3. DAMS AND RESERVOIRS* owner fails to make the specified alterations or
repairs within 30 days, the board of county corn-
Subdivision I. General Provisions missioners may cause such alterations or repairs
to be made and the cost, including interest and
Sec. 90.61. Exemptions. attorney fees,shall become a lien against the prop-
erty until the board of county commissioners is
(a) This article shall not be construed to affect reimbursed.
the right of any natural person to capture, con- (Ord. No. 74-50, § 1(3.12))
tain, discharge, or use water for purposes per-
mitted by law, to affect the right of any person
engaged in the occupation of agriculture, floricul Sec. 90-64. Emergency authorization to con-
ture, or horticulture to alter topography consis—
tent with such occupation if the alteration is not
primarily to impound or obstruct surface water or (a) Authorization to begin construction of works
change a water level. prior to issue of a permit may be applied for, in
writing, when emergency conditions justify. No
(b) This division does not apply to construction, such permission shall be granted unless the con-
operation, maintenance, or abandonment of a struction of the works is already under consider-
closed system as defined hereinabove. This divi- ation for a permit under subsection 90-82(a).
sion applies to the taking and discharging of water
for filling, replenishing, and maintaining the (b) The county administrator may grant emer-
water level in a closed system. gency authorization.However,a serious set of un-
(Ord. No. 74-50, § 1(3.02)) foreseeable and unforeseen circumstances must
exist to create an emergency. Mere carelessness
Sec. 90-62. Declaring and abatement on nui- or lack of planning on the part of the applicant
sance works. shall not be sufficient grounds to warrant the
granting of emergency authorization.
Any dam,impoundment,reservoir,appurtenant (Ord. No. 74-50, § 1(3.13))
work or works in violation of the laws of this state,
this article, or any standard,regulation,or orders
of the board of county commissioners,or condition Sec. 90-65. Emergency measures.
of a permit shall be deemed a public nuisance.
Operation of such dam, impoundment, reservoir, (a) If any dam,impoundment, reservoir, appur-
appurtenant work or works may be enjoined by tenant work or works is hazardous to safety of life
the board of county commissioners,or any citizen. or property and time does not permit to issue and
The board of county commissioners shall be a nec enforce an order to maintain or operate; or if im-
essary party to any such suit. minent floods threaten the safety of any dam, im-
(Ord. No. 74-50, § 1(3.11)) poundment,reservoir,appurtenant work or works,
the board of county commissioners shall take im-
Sec. 90.63. Remedial measures required. mediate remedial action necessary to protect the
public health, safety or welfare.
Based upon an inspection, the board of county
commissioners may determine and order the (b) In using the emergency powers provided by
owners of a dam, impoundment, reservoir, appur- this section, the county administrator may take
tenant work or works to make alterations and the following action:
repairs to be made within a reasonable time cer-
tain. The owner may file a written petition for a (1) Lower water levels by releasing water from
any impoundment or reservoir.
*State law reference—Management and storage of sur-
face waters, F.S. § 373.403 et seq. (2) Empty impoundments and reservoirs.
CD90:14
NATURAL RESOURCES § 90-82
(3) Other action the board of county commis- has ordered, the board of county commissioners
sioners determines necessary to safeguard shall cause such installation and the cost shall
life and property. become a lien against the owner's land and col-
(c) The county administrator shall exercise con lected as taxes or otherwise as provided by law.
trol of such dams, impoundments, reservoirs, and (c) It shall be unlawful for any person to cause
appurtenant works until rendered safe or the a measuring device to register other than the
emergency ceases. quantity of water diverted, discharged or taken.
(Ord. No. 74-50, § 1(3.14)) (Ord. No. 74-50, § 1(3.08))
Sec. 90-66. Inspections. Secs. 90-68-90-80. Reserved.
(a) During the construction or alteration of a
dam, impoundment, reservoir, appurtenant work Subdivision II. Permits
or works, the board of county commissioners may
cause to be made at its expense such periodic in Sec. 90-81. General.
spections as it deems necessary.
(b) If work is contrary to the approved plans It shall be unlawful,unless expressly exempted,
and specifications, the board of county commis- to construct, alter, operate, maintain, or abandon
sioners shall give the permittee written notice any dam, impoundment, reservoir, appurtenant
work or works in the county without first ob-
stating the particulars not in compliance and shall taining a permit as required by this article. The
order immediate compliance. Failure to comply board of county commissioners and its agents have
shall result in permit revocation proceedings. the authority to enter upon private property
(c) Upon completion of the work the county en- during respectable hours to inspect surface water-
,. gineer shall inspect dams, reservoirs, impound- works.The board of county commissioners has au-
ments, appurtenant work or works annually, or thority to make repairs, if the owner fails to do so
more frequently if necessary. It shall be unlawful within a reasonable time, and cause the cost to
to refuse, deny or obstruct immediate entry or become a lien upon the property and collected as
access by an authorized representative of the board taxes.
of county commissioners to conduct inspections. (Ord. No. 74-50, § 1(3.01))
(Ord. No. 74-50, § 1(3.06))
Sec. 90-82. Permits for construction or alter-
Sec. 90.67. Headgates,valves and measuring ation required; application.
devices required.
(a) Unless expressly exempted by law, it shall
(a) The owner of a dam, impoundment, reser- be unlawful for any person:
voir, appurtenant work or works shall,unless de-
termined by the board of county commissioners to (1) To construct or alter any dam, impound-
be unnecessary: ment, reservoir or appurtenant works
(1) Install and maintain a serviceable head- thereof where such impoundment is located
gate or valve at the point where the water on a surface watercourse or relies on a sur
face watercourse for its supply or such im-
is discharged or diverted. poundment is greater than 320 acres in
(2) Install a water discharge or diversion mea- area, without a permit from the board of
suring device to the specifications, and lo- county commissioners.
cated at the point approved by the board of
county commissioners. (2) To construct or alter any works, as defined
hereinabove,within the county without first
(b) If the owner fails to construct or install such obtaining a permit from the board of county
headgate, valve or such measuring device within commissioners if the county by rule or reg-
60 days after the board of county commissioners ulation so requires.
CD90:15
§90-82 COLLIER COUNTY CODE
(b) Application for a permit under this section Sec. 90-85. Permits for operation or mainte-
shall contain the following information: nance required; application; con-
ditions; transfer.
(1) Names and addresses of the applicant, the
person to construct the work, the owner of (a) It shall be unlawful for any person to op
the land upon which the construction is to erate or maintain any works,dam,impoundment,
be made and a legal description of such land. reservoir or appurtenant works if located on a sur-
face watercourse or dependent on a surface water-
(2) Location and general purpose of the work course for water supply or if comprising an area
with plans and specifications. When re- greater than 320 acres without first obtaining a
quired by the county such plans and speci- permit in accordance with this section unless ex-
fications shall be prepared and certified by pressly exempted.
a professional engineer registered by the (b) Applications for an operation or mainte-
state. nance permit shall be filed with the county engi-
(3) Other related information the board of neer.
county commissioners requires. (c) The board of county commissioners may in-
clude permit conditions necessary to assure that
(c) The board of county commissioners may im- the operation or maintenance is consistent with
pose reasonable conditions as necessary to assure county and state laws and policies concerning
that the construction or alteration will not be water resources.
harmful to water resources.
(Ord. No. 74-50, § 1(3.03)) (d) A permit may be transferred to a grantee of
a dam, impoundment, reservoir, appurtenant
work, or works or the land on which the same is
Sec. 90-83. Notice and hearing requirements. located,if the use remains the same and the person
granted the permit notifies the board of county
(a) Within 30 days after receipt of an applica- commissioners of the change of ownership within
tion for a permit, if the impounded or diverted 30 days after the transfer.
waters will exceed 640 acres in the area,the board (Ord. No. 74-50, § 1(3.07))
of county commissioners shall cause notice thereof
to be published and a hearing shall be held prior Sec. 90-86. Abandonment; permit required;
to final action by the board of county commis- application; conditions.
sioners on the application.
(a) It shall be unlawful for any person to
(b) If no substantial objection is received, the abandon any dam,impoundment,reservoir,or ap-
board of county commissioners may without a purtenant work located on a surface watercourse
hearing approve an application for a permit if the or dependent upon a surface watercourse for water
impounded or diverted waters will not exceed 640 supply or if comprising an area greater than 320
acres in area. acres without first obtaining a permit in accor-
(Ord. No. 74-50, § 1(3.04)) dance with this section unless expressly exempted.
(b) Applications for an abandonment permit
Sec. 90-84. Completion report. shall be filed with the county engineers.
Within 30 days after the completion of construc (c) The board of county commissioners may in
tion or alteration of any dam, impoundment, res dude permit conditions necessary to assure that
ervoir, appurtenant work or works for which a the abandonment is consistent with county and
permit is granted by the board of county commis state laws and policies concerning water resources.
sioners, the permittee shall file with the county (d) If the board of county commissioners deter- -�
engineer, a written statement of completion. mines that a dam, impoundment, reservoir, ap-
(Ord. No. 74-50, § 1(3.05)) purtenant work or works is not used or main-
CD90:16
NATURAL RESOURCES § 90-101
tained under the authority of the owner for a cept where the context clearly indicates a dif-
period of three years or more,it shall be presumed ferent meaning:
that the owner has abandoned and dedicated the
facility to the public. (1) District means the South Florida Water
(e) This section shall not apply to a permitted Management District.
dam, impoundment, reservoir, appurtenant work
or works owned or directly controlled by the state. (2) Water resource means any and all water on
(Ord. No. 74-50, § 1(3.09)) or beneath the surface of the ground, in-
cluding natural or artificial watercourses,
lakes, ponds or diffused surface water, and
Sec. 90-87. Revocation and modification of water percolating, standing or flowing be-
permits. neath the surface of the ground.
(a) The board of county commissioners may re-
voke or modify a permit after a hearing if the (3) Water shortage is when sufficient water is
board of county commissioners determines that a not available to meet present or anticipated
dam, impoundment, reservoir, appurtenant work needs of persons using the water resource,
or works is a danger to the public health, safety, or when conditions are such as to require
welfare or utility or if its operation is inconsistent temporary reduction in total water usage
with county or state laws and policies concerning within a particular area to protect the water
water resources. resource from serious harm. A water
shortage usually occurs due to drought.
(b) Prior to revocation or modification the board
of county commissioners shall produce written no- (4) Water shortage emergency means that situ-
tice by registered or certified mail to parties it ation when the powers which can be exer-
determines to be directly affected, with a state-
ment of the reasons the permit may be revoked or cised under part II of chapter 40E 21,
modified. A directly affected party may file a Florida Administrative Code are not suffi
written petition for a hearing no later than ten cient to protect the public health, safety or
days after the notice is served. welfare, or the health of animals, fish or
aquatic life, or a public water supply, or
(c) If the county administrator determines that commercial, industrial, agricultural, recre-
the danger to the public is imminent,he may order ational or other reasonable uses.
a temporary suspension of the construction, alter-
ation or operation of the works until the hearing (b) Application. This section shall be in full force
is concluded. and effect countywide. The provisions of this sec-
(Ord. No. 74-50, § 1(3.10)) tion shall apply to all persons using the water
resource, whether from public or privately owned
Secs. 90-88-90-100. Reserved. water utility systems, private wells, or private
connections with surface water bodies. This sec-
tionDIVISION 4. WATER SHORTAGES* shall not apply to persons using treated ef-
fluent or saltwater. This section shall apply to all
such persons using the water resource within the
Sec. 90-101. Local enforcement of water geographical area subject to the water shortage or
shortage plan. water shortage emergency as determined by the
(a) Definitions. The following words,terms and district.
phrases, when used in this section, shall have the (c) Chapter 40E-21, F.A.C. adopted. Chapter
meanings ascribed to them in this subsection, ex- 40E-21,Florida Administrative Code,as same may
*Cross reference—Civil emergencies,ch.38. be amended from time to time, is incorporated
State law reference—Water shortages, F.S. § 373.246. herein by reference as a part of this section.
CD90:17
§ 90-101 COLLIER COUNTY CODE
(d) Declaration of water shortage; emergency. tance of water service shall be in itself the accep-
The declaration of a water shortage or water tance of the provisions thereof.
shortage emergency within all or any part of the (Ord. No. 85-10, §§ 1-7)
county by the governing board or the executive
director of the district shall invoke the provisions Sec. 90-102. Water shortage plan generally.
of this section. The district shall determine the
appropriate phase of water shortage or water (a) Declaration. The board of county commis-
shortage emergency and the duration of the water sioners may declare a water shortage exists within
shortage or water shortage emergency.Upon such all or part of the county when it determines in-
declaration,all water use restrictions or other mea- sufficient water is available to meet requirements,
sures contained in chapter 40E-21, Florida Ad- or when conditions require temporary reduction
ministrative Code, which chapter constitutes the in total use within the area to protect water re-
water shortage plan, shall be subject to enforce- sources from serious harm.
ment action pursuant to subsections (e) and (f) of
this section. Any violation of the provisions of (b) Classification of permits. For the purpose of
chapter 40E-21, Florida Administrative Code, as the water shortage plan each permit shall be clas-
same may be amended from time to time, or any sified as follows:
order issued pursuant thereto,shall be a violation
of this section. (1) Source classifications:
a. Groundwater. The board of county corn-
(e) Enforcement. Every police officer or sheriff missioners may further classify ground-
of the county or cities in the service areas gov- water source permits according to the
erned by this section shall, in connection with all aquifer or other groundwater source.
other duties imposed by law, diligently enforce b. Surface water. The board may further
the provisions of this section. In addition, the classify permits according to the source
county administrator may also delegate enforce- of surface water from which the water
ment responsibility for this section to agencies is to be withdrawn, diverted or im-
and departments of county government, or cities pounded.
in the service areas governed by this section, in
accordance with state and local law. (2) Use classifications:
(f) Penalties. Violation of any provision of this a. Domestic use includes individual per
section shall be subject to the following penalties: sonal needs or household purposes such
as drinking,bathing,heating,cooking,
(1) First violation, $25.00 fine. or sanitation uses.
b. Essential service includes fire depart-
(2) Second and subsequent violations, fine not ment,hospital or other emergency ser-
to exceed $500.00 and/or imprisonment in vice uses.
the county jail not to exceed 60 days. c. Public supply includes use by munic-
ipal and private water systems.
Each day of violation of this section shall consti- d. Livestock includes uses for domestic or
tute a separate offense. The county,in addition to commercial livestock.
the criminal sanctions contained herein,may take e. Agricultural includes uses for the pro-
any other appropriate legal action, including but duction of crops and farm products.
not limited to emergency injunctive action,to en- f. Industrial includes uses for manufac-
force the provisions of this section. turing, commerce, trade and industry.
g. Mining includes uses for the extrac-
(g) Water users to accept provisions. No water tion, transportation, or processing of
service shall be furnished to any person by a public minerals.
or private utility unless such person agrees to ac- h. Power includes uses for the production
cept all the provisions of this section. The accep- of electric power.
CD90:18
NI is/
NATURAL RESOURCES §90-103
i. Recreational includes for water ori- (8) Restrictions on pumping rates or diver-
ented recreation including, but not sion rates.
limited to,fishing,boating and swim-
ming. (9) Such other provisions or restrictions nec-
essary to protect water resources from
j. Golf courses. Use for the game of golf serious harm.
with a series of nine or 18 holes each
including tee, fairway, and putting (d) Exercise of powers. In declaring a water
green and often one or more natural shortage and determining classes of permits to be
or artificial hazards. restricted, the Board of County Commissioners
shall consider the public interest and the follow-
The Board may establish additional rea- ing guidelines:
sonable use classifications as it deems
necessary The above listing does not es- (1) Domestic use exclusive of lawn and orna-
tablish a priority ranking system. mental plant irrigation, normally has the
highest priority.
(c) Provisions and restrictions. Upon declaring (2) Users that supply necessities to people
a water shortage within all or part of the County, are preferred over other users.
the Board of County Commissioners may impose
upon any classification of permits the following (3) Public users are preferred over private
restrictions: users of the same type of use and source.
(1) Provisions for water users in an area to (4) Users subject to serious loss of invested
make voluntary agreements with the con- capital if supplies are reduced are pre-
currence of the Board of County Commis- ferred over others as necessary to protect
sinners or the County Administrator to investments considering the severity of
provide for the mutual reduction,sharing, the water shortage.
or rotation of use. The above listing does not establish a priority
(2) Provisions for the distribution of water to ranking system.
permittees in exchange for ceasing or re (Ord. No. 74-50, § 1(2.09))
during groundwater extraction. Sec. 90-103. Plan procedures.
(3) Regulations for the metering,or well pump (a) Publication of notice. When a water short-
revolution counting, and reporting of all age is declared the Board of County Commission-
water used, diverted, impounded, ex ers shall cause notice thereof to be published in a
tracted or withdrawn. prominent place within a newspaper generally
(4) Regulations to maintain minimum flows circulated throughout the area each day for the
and minimum levels. first week of the water shortage and once a week
thereafter as notice to all users of the water
(5) Regulations to protect against saltwater shortage until the declaration is rescinded.
intrusion or other deterioration of water
quality including the closing and plugging (b) Notice to permittees. The Board of County
of wells. Commissioners shall notify each affected permit-
tee in the County by regular mail of any change in
(6) Restrictions on the total amount of water or suspension of his permit, or any other restric-
that may be used, diverted, impounded, tion of his use of water for the duration of the
extracted, or withdrawn during any day, water shortage.
month or year.
(c) Review of orders. Orders declaring a water
(7) Restrictions on the timing of use, diver- shortage shall be final after review by the Board
sion, impoundment, extraction or with- of County Commissioners.
drawal of water. (Ord. No. 74-50, § 1(2.10))
Supp.No.60 CD90:19
§90-104 COLLIER COUNTY CODE
Sec. 90-104. Emergency due to water short- ARTICLE III. RESERVED*
age.
Secs. 90-121-90-128. Reserved.
(a) Declaration of emergency. If an emergency
exists due to water shortage within any area of
the County,and the Board of County Commission-
ers finds that the water shortage plan is not
sufficient to protect the public health, safety,
welfare and utility, the health of animals, fish or
aquatic life,a public water supply,or recreational,
commercial, industrial, agricultural or other rea-
sonable use, the Board of County Commissioners
may declare a water shortage emergency.
(b) Emergency powers. Under a declaration of
an emergency due to water shortage, the County
Administrator may impose the provisions and
restrictions above and be guided by the standard
of public interest detailed above.
(c) Compliance and challenge to orders.A party
affected by an emergency order shall comply im-
mediately, but may challenge such order.
(Ord. No. 74-50, § 1(2.11))
Sec. 90-105. Procedures under emergency.
(a) Publication of notice. Publication of notice
of an emergency due to water shortage shall be in
accordance with Subsection 90-103(a).
(b) Notice to permittees. The County Adminis-
trator shall notify each affected permittee by
regular mail of any change or suspension of his
permit, or any other restriction on his use for the
duration of the emergency due to water shortage.
The County Administrator may provide notice by
another means reasonable under the circum-
stances if such notice is confirmed by regular
mail.
(Ord. No. 74-50, § 1(2.12))
Sec. 90-106. Reserved.
Editor's note—Ord. No. 97-48, § 9, adopted September
23, 1997,repealed§ 90-106,which pertained to lawn sprin-
kling regulations.See the Code Comparative Table. *Editor's note—Ord. No. 2015-27, §9, adopted Apr. 28,
2015, repealed art. III §§ 90-121-90-128, entitled "Water
Irrigation", which derived from Ord. No. 02-17, §§ 1-8,
Secs. 90-107-90-120. Reserved. adoptedApr.9,2002.See ch.54,art.XII for similar provisions.
Supp. No.60 CD90:20
Chapters 91-93
RESERVED
CD91:1