Ordinance 91-103 COLLIER COUNTY GROUND WATER
PROTECTIO~ ORDINANCE
ORDINANCE NO. 91-- 103
RDINANCE OF THE BOARD OF COt~TY COMMISSIONERS OF
COLLI~R COUNTY, FLORIDA PROVIDING FOR PROTECTION
OF EXISTING AND FUTURE WELLFIELDS AND PROTECTION
OF EXISTING AND FUTURE GROUND }lATER RESOURCES
THROUGH CREATION OF WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES WITHIN WHICH
SPECIFIC DEVELOPMENT WILL BE PROHIBITED OR
REGUL.~TED; PROVIDING FOR CREATe[ON OF GROIIND WATER
PROTE.~TION ZONE; PROVIDING FOR INCLUSI~N IN LAND
DEVELgPMENT CODE AND ZONING ATLAS; PROVIDING TITLE
AND CITATION, LEGISLATIVE AUTHORITY AND FINDINGS OF
FACT; PROVIDING FOR APPLICABILITY; PROVIDING TECH-
NICAL FINDINGS OF FACT; PROVIDIHG IDENTIFICATION OF
PROTECTED PUBLIC WATER SUPPLY WELLFIELDS; PROVIDING
FOR CREATING, MAPPING, DESCRIPTION AND BASIS OF
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY
ZONES; PROVIDING FOR REGULATED DEVELOPMENT INCLUD-
ING STANDARDS FOR EXISTING AND FUTURE OPERATION,
FACILITIES AND LAND USES; PROVIDING FOR WELLFIELD
F. XEMP~IONS FROM COMPLIANCE WITH IDENTIFIED PROHIBI-
TION OR REGULATION; PROVIDING FOR WELLFIELD
CONDITIONAL USES; PROVIDING FOR APPROVAL OF
REGULATED DEVELOPMENT AND CERTIFICATES TO OPERATE
AND PROHIBITED APPROVALS OF REGULATED DEVELOPMENT
AND CERTIFICATES TO OPERATE; PROVIDING MINIMUM
STANDARDS FOR GROUND WATER QUALITY; PROVIDING FOR
MODIFICATION OF REGULATE[) DEVELOPMENT, REVISION OR
REVOCATION OF CERTIFICATE TO OPERATE, WELLFIF. LD
CONDITIONAL USE PERMIT, OR WELLFI ELD EXEMPTION;
PROVIDING FOR RESTRICTIONS ON ISSUANCE OF APPROVED
SITE PLANS AND CERTIFICATES OF OCCUPANCY; PROVIDING
FOR PUBLIC HEARINGS AN[) APPEALS; PROVIDING FOR
FUTURE WELLS AND WELLFI ELDS; PROVIDING FOR
ADMINISTRATIVE FEES AND SURCHARGE; PROVIDI~;G FOR
ADMINISTRATIVE PROCEDURES/PROMULGATION; PROVIDING
FOR VIOLATIONS, PENALTIES AND REMEDIES/ENFORCEMENT;
PROVIDING FOR NOTICES; PROVIDING DEFINITIONS AND
RULES OF CONSTRUCTION; PROVrDING FOR LIBERAL
CONSTRUCTION; PROVIDING FOR CONFLICT AND
SEVE]~ABILIT~.:; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Part II of Chapter 163, Florida Statutes, establishes the
'local Comprehensive Planning and Land Development Regulations Act
· providing Collier County with the authority and responsibility to
compre~ensively plan for future development and resource protection
througk land development regulations; and
W}!ERF~AS, existing County public water supply wellfields draw water
from t. hs Water Table Aquifer and Lower Tamiami Aquifer of the Surficial
Aguife]' System; and
W}[EREAS, the protection of wellfields and potable water resources
mandat~d by la~ and provided for by the Collier County Comprehensive
Plan %,ill be i~plemented through the adoption of land use prohibition~,
regulations and criteria deemed necessary to ensure the quality and
quantity of present and future public potable water supplies; and
WHEREAS, .~pecific land uses an~ activities may contribute to
degrad~,tion of ground water quality; and
WHEREAS, specific land uses and activities may contribute to the
degr~d~tion of ground water quality; and
Wl~EREAS, the risk of contamination of ground water and existing
and ~u'ture weilfields in Collier County will be reduced by regulating
'the ,~evelo~.ment, land use, and activity within Collier County and
ensuring that state ground water q~ality standards are implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OR COLLIER COUNTY, F/~DRIDA, that:
ARTICLE I. INCLUSION IN COLLIER COUNTY LAND DEVELOPMENT CODE.
It is the intention of the Board of County Commissioners
of Coi[].ler County, Florida, that this Ordinance is a land use ordinance
to be implemented and enforced as adopted.
It is the further intention of the Board of County
Commissioners of Collier County, Florida, that the provisions of this
Ordinance sha].l becoTze and be made a part of the Collier Count~ Unified
Land Development Code, when adopted; and that Sections of this
Ordinance may be renumbered or relettered to accomplish such intention
and that the ~;ord "ordinance" may be changed to "division", "article"
or oth,.~r appropriate designation.
SECTION 1.1 TITLE AND CITATION.
This Ordinance shall be known as, the "Collier County
Groun,! Water Protection Ordinance" and may be cited and referred to
herei]~ as the "Ground Water Protection Ordinance" or the "Ordinance".
SECTIOM 1.2 LEGISLATIVE AUTHORITY.
The Board of County Commissioners of Collier County,
Florida, has the authority to adopt this Ground Water Protection
Ordin~u~ce pur:~uant to Article VIII, Sec.l(f), . Florida Constitution;
Secti()n 125.0[[, et seq., Florida Statutes; Section 163.3177, Florida
Statutes; Section 163.3202, Florida Statutes; Rule 9J-5.013, Florida
Admin:.strative Code: and other such authorities and provisions as in
the statutory and common law of the State of Florida.
SECTIC:N 1.3 FINDINGS OF FACT.
The Board of County Commissioners of Collier County,
F1orid~L, hereby makes the following findings of fact:
SEC.1.3.1 Pursuant to Section 163.32,92, Florida statutes, Collier
County is rec.3~ired to adopt a wellfield protection ordinance which
implements al.d is consistent with the ele~.ents of its adopted
Com~r¢~hensive Plan, which Comprehensive Plan was adopted by Collier
Count~' on January 10, 1989, as the Collier County Growth Management
Plan.
SEC.1.3.2 Pursuant to Section :[63.3202, Florida Statutes, Collier
Count~, is req~,ired to adopt a well field protection ordinance to protect
the e~:isting and future public potable water supply wells.
SEC.1.3.3 Pursuant to Rule 9J-5.013, Florida Administrative Code,
Colli(:r County is required to protect water quality by restricting
activ~ties k~lown to adversely affect the quality and quantity of
ident:,fied water sources including cones of influence, water recharge
area.~, and water wells.
SEC.1. 3.'4 Pursuant to Goal 3 of the Conservation and Coastal
Manag(:ment Element of the Collier County Growth Management Plan, and
specil[ically Objectives 3.2, 3.3, 3.4, thereunder, Collier County is
required to protect the County's groundwater resources to ensure the
highe[~t water quality practicable.
IIJI!P
SEC.k.3.5 Pursuant to Goal 1 of the Natural (;round Water Aquifer
Rech~trge Sub-Element of the ~blic Facilities Element of the Collier
County Grey,ch Management Plan and speci fical ly Objective 1.2,
there,under, Collier County, is rec~:ired to adopt a local ground water
prot(~ction ¢.rdinance to protect existing and future potable wellfields
from e:~:isting and future land use and surface activities.
SEC.'. ].6 Pursuant to Goal 1 of the Natural Ground Water Aquifer
Rechar,~e Sub-Element of the Public Facilities Element of the Collier
County Growth Management Plan and specifically Objectives 1.1, 1.2,
1.3, 1.4, arid 1.5, thereunder, Collier County is required to identify
and ~rotect ~atural ground water ag%tiler recharge areas from activities
that could degrade and/or contaminate the quality of ground water, and
to i,]entify and map ground water recharge areas most sensitive to
contamLnaticn from land development and other surface activities.
SEC.' .3.7 Pursuant to Goal 2 of the Natural Ground Water Aquifer
Recharge Sub-Element of the Public Utilities Element of the Collier
County Gro%'th Management Plan and specifically Objective 2.1,
there:under, Collier County, in order to protect the natural ground
wat~]: aquifer recharge areas from activities that unacceptably alter
the ,;round %'ater recharge, is required to develop local criteria for
ensu~:ing that land development activities do not unacceptably alter the
timing or reduce the amount of ground water recharge.
SEC.iL..7.8 Collier County has developed a three (3) dimensional
regional computer model from which capture zones around selected
exis"~ing wellfields in the unincorporated area and incorporated areas
of Col).ier County have been identified and mapped together with areas
of n~tural ground water recharge, recognizing that geographic Collier
Coun~:y is a natural aquifer recharge area, for the Surficial Aquifer
Syst,:m.
SEC.i[.D.9 The public water supply wellfields, identified within
this Ordinance, are collectively the primary source of potable water in
Cellarer County and have been computer modelled in order to identify and
map l{e:{lfie]d Risk Management Special Treatment Overlay Zones around
each w{:llfield together with areas of natural ground water recharge.
' SEC.' .3.10 The Surficial Aquifer System is the existing principal
sour('e of potable water in Collier County; however, the Intermediate
and Floridan Aquifer Systems, which presently serve as a lesser source
of potable water, are deemed to be an important future source of
Coll].er County's potable water supply.
SEC. 1.3.11 That there is sufficient technical data available to
questic, n the integrity of the Tamiami semi-confining beds throughout
Collier County as providing adequate protection fc,r the Lower Tamiami
Aqui~!er from contaminants generated by land use activities.
SEC.]..3.12 There is sufficient technical data to indicate that all
of .~,:ographtcal Collier County serves as a natural aquifer recharge
area to the Water Table Aquifer, and that, on a regional basis,
appr¢,ximately eighty percent of the recharge to the Lower Tamiami
Aqui~'er occurs from the Water Table Aquifer.
SEC.] .3.13 Protection of the ground water quality in the Water
Tabl(~ Aquife:.- and Lower Tamiami Aquifer will be enhanced and furthered
by ~he prohibition an(] regulation of identified land uses or
deve] opment.
SEC. 1.3.14 It is deemed to be necessary and in the best inter~.st of
public health, safety and welfare of the citizens of Collier County to
adopt ~cegulations pertaining to land uses and development within
defi~ed area~ around Public Water Supply W,.~lls, and to establish County
wide ground 'water protection criteria for the County's existing and
future potabke ground water resources in the Surficial, intermediate
and ~loridan Aquifer Systems.
SEC. 1.3.15 It is the intent of the Board of County Commissioners of
Coll:{er County, Florida, to effectuate and directly advance these
requ:,remente and findings for the public health, safety and welfare,
and for the reasons set forth herein.
SEC. 1.3.16 It is the intent of the Board of County Commissioners of
Coll:.er County, Florida, to implement the Collier County Growth
Mana~lenent Plan through the adoption of this Ground Water Protection
Ordinance.
SECT2]OM 1.4 PURPOSE.
The purpose of this Ground Water Protection Ordinance is
to e~tablish standards, regulations and procedures for the review and
appr()val of existing and proposed development within mapped wellfield
prot(~ction zones in the unincorporated area and the incorporated areas
of Cc)llier County, Florida.
The standards and regulations of this Ordinance shall be
impl(~mented to protect existing and future wellfields, protect natural
'aqulfer system recharge areas, protect County wide ground water
resources and to protect the public health and resources through
regukation and establishment of standards for development involving the
use, storage, generation, handling and disposal of quantities of
Hazardous Products and Hazardous Waste in excess of identified
quantities, disposal of sewage and effluent, stormwater management,
earthmining, petroleum exploration, solid waste and other related
aspects of ]and use and development.
SECTi[ON 1.5 INTENT.
It is the intent of the Board of County Commissioners of
Collier County, Florida 'that this Ordinance implement and be consistent
with the CoLlier County Growth Management Plan. Implementation will
provide for the long term protection of the County's ground water
resource, z~nd through the management of those land uses and
deve. Lopments within Wellfield Management Special Treatment Overlay
Zone:~ and County wide Ground Water Protection Zones, insure shorter
term protection. This ordinance is intended to be consistent with
'principles of property rights, as balanced with the health, safety and
welf~re of the general public.
· ARTICLE 2 APPLICABILITY.
· . This Ordinance shall, apply to and be enforced in the
unincorporated area and in the incorporated areas of Collier Ccunty to
the extent authorized by Article VIII, Section l(f), the Florida
Constitution. No development shall be undertaken which is inconsistent
with this ordinance.
SECTXON 2.1 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY
ZONES AND GROUND WATER PROTECTION ZONE.
SEC.;:.i.1 INTRODUCTION.
In order to protect Collier County's potable ground
wate]: resources, this Ordinance establishes County wide ground water
prot(~ction standards, implemented through a County wide Ground Water
Prot(~ction 2one, and a series of Wellfield Risk Management Special
Treatment Overlay Zones around identified public water supply
well:!ields. These Special Treatment Overlay Zones and Ground Water
Protraction Zone form the basis of land use management prohibitions and
regu[.atigns to reduce or eliminate the potential for ground water
contamination from specified land uses and activities.
SEC.2.1.2 WELLFIELD PROTECTION.
SEC.2.1.2.1 TECHNICAL FINDINGS OF FACT.
Technical findings of fact that support the
establishment of Wellfield Risk Management Special Treatment Overlay
Zones and the designation of wellfields protected under this Ordinance
include:
SEC.2.1.2.1.1 The Surficial Aquifer System in Collier County is
composed of the Water Table Aquifer and the Lower Tamiami Aquifer,
which are generally separated by semi-confining beds.
SEC.2.1.2.1.2 The primary regional source of leakance recharge to the
Lower Tamiami Aquifer is the overlying Water Table Aquifer.
SEC.2.1.2.].3 The semi-confining beds vary in thickness from 0 feet to
appz~oximately 50 feet, and the semi-confining beds exhibit varying
degzees of vertical leakance.
SECi2.1.2.1.4 The vertical leakance between the Water Table Aquifer
and the Lower Tamiami Aquifer, through the semi-confining beds, varies
thr¢.ughout geographical Collier County, and due to pumpage, is
gen~rally ~reater in the vicinity of wellfields.
SEC.2.1.2.1.5 The semi-confining beds between the Water Table Aquifer
add th(~ Lo'~er Tamiami Aquifer may provide for attenuation of some
contaminants of the groundwater; however, presently there is
ins~fficient data to conclude ~that these semi-confining beds will
adequately protect the ground water quality within the Lower Tamiami
Aquifer from surface contamination throughout geographical Collier
County.
SEC.2.1.2.1.6 The Three-Dimensiona.~imulation of Wellfield Protection
Are~t~ ~n Co],~ier County. Florida, prepared by voorhees and Mades, 1989,
finds that, on a regional basis, approximately 80 percent of the
rechar¢~e to the Lower Tamiami Aquifer is from the overlying Water Table
Aquifer.
SEC.2.1.2.1.7 The following wellfields withdraw ground water from the
Water Table Aquifer:
A. The Everglades City Wellfield;
B. The F].orida Cities (Avatar) Wellfield; and
C. The North Naples Utilities (Quail Creek) Wellfield.
SEC. 2.1.2.1.8 The following wellfields withdraw ground water from the
Low(~r Tamiami Aquifer:
A. The East Golden Gate Wellfield;
B. The Coastal Ridge (Goodlette Road) Wellfield;
C. The Collier County Utilities Wellfield;
D. The Glades Wellfield;
E. The Airport Water Treatment Plant Wellfield of the
Immokalee Water & Sewer District wellfields;
F. The Carson Road Water Treatment Plant Wellfield of
the Immokalee Water & SewE~r District wellfields; and
G. The Pelican Bay Wellfield.
SEC.2.1.2.1.9 The Port of the Islands Wellfield withdraws ground water
from the In'~ermediate Aquifer System.
SEC.2.1.2.1.10 The Main Water Treatment Plant Wellfield of the
Immoka!e~ Water & Sewer District wellfielcLs withdraws ground water from
the Lower Tamiami and the Sandstone Aquifers.
~,~. $E(:.2.1.2.1.I1 Available data indicate that:
A. The Water Table Aquifer is unconfined across all of
geographic Collier County, and receives its recha2ge
directly from infiltration from the land surface.
B. The Tamiami confining beds, where present, act in
a semi-confining manner (Missimer and Associates, 1990).
C. In some areas of Collier County, the semi-confining
beds are absent (Knapp et a~l., 1986, Figure 19).
D. The stratigraphic zone containing the semi-confining
beds varies from a thickness of 0 feet to approximately
50 feet within county (Knapp et al., 1986).
E. In some areas of Collier County where regional data
indicate a thick section of semi-confining beds (Knapp
et al., 1986), local information shows a substantially
thinner section of the same (e.g., Missimer and
Associates, 1990; and Alamo/Saxema, 1990).
· F. Well completion reports citing well completion depths
~':' for (i) private potable water supply wells, (ii) public
~: water supply wellfields, and (iii) consumptive water use
permits indicate that more than 80 percent ef persons in
' geographical Collier County derive their potable water
; from the Water Table and Lower Tamiami aquifers (SFWMD
and Department files).
G. Hydrograph data from South Florida Water Management
District ("SFWMD") monitoring wells completed in the
Water Table Aquifer and in the Lower Tamiami Aquifer
indicate that in some areas of Collier County, there is
! essentially unrestricted hydraulic connection between
the two aquifers (e.g., Wells C-976 and C-977, Un,ted
$%~tes Geological Survev ~ata R~Pgr~s Well Years 1988-
1989) or only partially restricted hydraulic connections
? (e.g., Wells C-953 and C-951, Id).
SE(:.2~1.2.1.12 SFWMD technical assistance info]~ation includes a
finding that "[d]ue to the leaky nature of the Tamiami confining
~"'~ beds...ther~ is presently not enough data to conclude that these
confining beds could protect the aquifer from surf~ce contamination.
Th~,refore, ].and use decisions should be geared towards restricting
!~, · ha~;ardous chemicals or industries from the immediate areas where the
Lo%,er Tamiami is beinq used as a source of.drimking water supply."
(W~Lte:C Resources Data and Related TDchnical Information tQ Assist ~ocal
Governmen~ ~lannin~ in Collier Cc~Dty,SFWMD, 1987, p. Co-C-5).
SEC.2.1.2.1.13 The risk of contamination of ground water and existing
ancI future wellfields in geographical Collier County will be reduced by
re~lulating the development, land use, and activity within Collier
Co[Lnty and ensuring that state ground water quality standards are
implemented.
SEC.2.1.2.2 PROTECTED PUBLIC WATER SUPPLY WELLFIELDS.
The following public water supply wellfields permitted
by the South Florida Water Management District for potable water to
withdraw a ~inimum of 100,000 average gallons per day ("GPD") are
identified as protected wellfields around which '~pecific land use and
activity ("Regulated Development") shall be regulated under thi~.
Ordinance:
SEC. 2.1.2.2.1 Withdrawing from the Water Table Aquifer:
A. The Everglades City Wellfie~d%m
B. The Florida Cities _(Avatar)~lfield; and
C. The North Naples Utilities (Quail Creek) Wellfield.
07
$EC.2.1.2.2.2 ~ithdrawing from the Lower Tamiami Aquifer:
;%. The East Golden (:ate Wellfield;
]3. The Coastal Ridge (Goodlette Road) Wellfield;
C. The Collier County Utilities Wellfield;
]). The Glades Wellfield;
E. The Pelican Bay Wellfield;
?. The Airport Water Treatment Plant Wellfield of the
Immokalee Water & Sewer District wellf]elds; and
G. The Carson Road Water Treatment Plant Wellfield of
the Immokalee Water & Sewer District wellfields.
SEC.2.1.2.2.3 Withdrawing from the Surficial & Intermediate Aquifer
Sys'~ems:
A. The Main Water Treatment Plant Wellfield of the
Immokalee Water & Sewer District wellfields.
SEC. 2.1.2.3 CREATION AND MAPPING OF WELLFIELD MANAGEMENT SPECIAL
TREATMENT OVERLAY ZONES.
There are hereby created Wellfield Risk Management
Special Treatment Overlay Zones around each existing public water
suplply wellfieid permitted by the South Florida Water Management
District, to withdraw a minimum of' 100,000 average gallons per day or
mor.~ and identified as a protected wellfield in Sec.2.1.2.2, hereof.
The:~e Wellfiel¢! Risk Management Special Treatment Overlay Zones are
generally depicted on Wellfield Protection Zone Maps and are made a
part ~ereof as "Appendix A".
Wellfield Risk Management Special Treatment Overlay
Zones shall be supplemental to existing and future zoning and land use
regulations and shall not be deemed to permit or authorize any use or
activity not otherwise permitted in the underlying zoning ~district or
allowable in the underlying future land use designation.
SEC. 2.1.2.4 DESCRIPTION AND BASIS OF WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES.
Wellfield Risk Management Special Treatment Overlay
Zones are derived from the three-dimensional computer modelled analysis
of ground water flow an([ solute transport in the fresh water aquifer
system of Collier County, as prepared and presented in a study
commissioned by Collier County and known as the "~.~ee-Dimensional
sim~atioD Q~.We~f~eld Protection Areas in Collier County, F~orida"
(Vo0rnees and Mades, 198!)), (the "~hree-Dimens~ona[__Uel~field Study~').
"For Collier County, these three-dimensional aspects are
the exception rather that the rule. Coastal Ridge was the only well
field in the study which exhibited such marked three-dimensional flow
conditions. All other wellfie~ds failed to exhibit such marked
vertical migration. However, the use of the three-dimensional
modeling, even for wellfields which fail to exhibit such significant
vertical migra'~ion, generates pathlines, traveltimes, and capture zones
which include '~he effects of vertical leakage. Not accounting for this
vertical leakage would create misleading results regarding pathlines
and traveltimes. For all wellfields, the assumption of concentric
circular tra,,eltime contours is not appropriate. This is a result of
regional gradients, interference from neighboring wells and boundary
conditions such as canals, as well as vertical leakage to the producing
%ones." (Three-Qimensional Simula~_%op of Wellfielg__Protectto~ Areas ~
col li~r Count%b_.~orida, Voorhees .and Mades, 1989.p. 92).
The Three-Dimensional Wellfield Study uses a twenty year
planning horizon capture zone around the ten wel~fields selected for
the modelling study. This time frame is predicated on the anticipated
Year 2005 pumpage rate for each production well in the study. The
twent~ year capture zone was selected to correspond to the twenty year
planning period to evaluate public facilities as p~ovided in Chapter
163, Florida f:tatutes.
The mayimum areal extent of the We!lfield Risk
Managa=,.ent Special Treatment Overlay Zones is defined by a closed
contour around each wellfield, which represents the twenty (20) year
planning horizcn capture zone. "The capture zone is the plan view area
from where all water migrates laterally to a well during the planning
horizon." (Voozhees and Mades, 1989). Partial planning horizon capture
zones for five (5), ten (10) and twenty-five (25) per'cent of the twenty
year planning horizon capture zone approximate the one (1) year, two
(2) y~ar, and five (5) year particle travel times, respectively. Each
partial plannimg horizon capture zone was mapped to iljustrate the
expected area around the wellfield within which a particular capture
zone .)ccurs, at the seventy-five (75) percent confidence level. (Id.).
These partial planning horizon capture zones correspond to Well field
Risk ~anagement Special Treatment Overlay Zones W-i, W-2, W-3 and W-4
for t.~e twenty year pla~ning horizon.
SEC. 2 . 1.2.4 . 1 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY
ZONE W-1 ("ZONE W-i"):
The land area between an identified wellfield and the
five percent ground water capture zone, approximating the one year
Wellfield Risk Management Special Treatment Overlay Zone bou~.dary as
shown on the Wellfield Risk Management Special Treatment Overlay Zone
Map, ~ppendix A, which area shall be protected from the discharge or
accid.~ntal release of contaminants from a sanitary hazard or other
contaminant source, including the discharge or accidental release of
Hazar,~ous Products and Hazardous Wastes.
SEC. 2.1.2.4.2 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY
ZONE W-2 ("ZONE W-2"):
The land area between ZONE W-1 and the ten percent
groun.~ water capture zone, approximating the two year Wellfield Risk
Manag.~ment Special Treatment Overlay Zone boundary as shown on the
Wellf[eld Risk Management Special Treatment Overlay Zone Map, Appendix
A, which area shall be protected from the discharge or accidental
relea.~e of contaminants, including from a sanitary hazard or other
conta:~inant source and the discharge or accidental release of Hazardous
Produ..~ts and Ha~zardous Wastes.
SEC. 2.1.2.4.3 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE
W-3 ("ZONE W-3"):
The land area between ZONE W-2 and the twenty-five
percent ground water capture zone, approximatin{! the five year
Wellf[eld Risk Management Special Treatment Overlay Zone boundary as
shown on the Wellfield Risk Management Specia.~. Treatment Overlay Zone
Map, Appendix A, which area may be protected from the discharge or
accidental release of specific contaminants, including the discharge or
accid_~ntal release of Hazardous Products and Hazardous Wastes.
SEC.2.!.2.4.4 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE
W-4 ("ZONE W-4"):
The land area between ZONE W-3 and the 100 percent
groun.~ water capture zone for the twenty year planning limit, which is
the twonty yeas Wellfield Risk M~nagement Special Treatment Overlay
Zone boundary as shown on the Wellfield Risk Management Special
Trea%'nent Overkay Zone Map, Appendix A, which area may be protected
from the discharge or accidental ~release of specific contaminants,
inclu,~ing the discharge or' accidental release of Hazardous Products and
Hazar,~ous Wast~:s.
SEC.2 .1.3 GROUND WATER PROTECTION.
SEC.2.].3.1 CREATION AND MAPPING OF GROUND WATER PROTECTION ZONES.
There are hereby created Ground Water Protection Special
Treat~nt Over[ay Zones as generally depicted on the Wellfield Risk
Management Special Treatment Overlay Zone Maps, Appendix A. These
8
Ground Water Protection Special Treatment Overlay Zones reflect
Wellfield Risk Management Zones W-l, W-2, W-3 and W-4; areas of high
natural aquifer recharge in Collier County ("ST-NAR"); an~ the natural
rechazge area~ of geographical Collier County that require minimum
ground wat,:r protection and within which future public water supply
wells may be located ("GWP".)
Well field Risk Management Special Treatment Overlay
Zones, High Nntural Aquifer Recharge Special Treatment Zone (ST-NAR)
Ground Water Protection Special Treatment Overlay Zones shall be
supplemental to existing and future zoning and land use regulations and
shall not be deemed to permit or authorize any use or activity not
otherwise permitted in the underlying zoning district or allowable in
the underlyinc.' future land use designation.
The High Natural Aquifer Recharge Special Overlay Zones
(ST-.N~R) and the Ground Water Protection Zones (GWP) ar~ based upon:
SEC.2.1.3.1.1 Those portions of geographical Collier County, Florida,
to be identified as areas of high natural aquifer recharge to the
Surfi¢:ial and Intermediate Aquifer Systems ("ST-NAR"); and
SEC.2. 1.3.1.2 The susceptibility of the Surficial and Intermediate
Aquif~,r Syst,~.ms in geographical Collier County to contamination
resulting from surficial activities and the need fer protection of the
ground water resource as a future public water supply ("GWP").
SEC. 2. ~. 3.2 DESCRIPTION OF GROUND WATER PROTECTION SPECIAL TREATMENT
OVERLAY ZONES.
SEC. 2 I . 3.2. ] HIGH NATURAL AQUIFER RECHARGE AREAS ("ST-NAR"):
These areas have not yet been defined. The prohibitions
and r(~gulati~,ns for this Special Treatment Overlay Zone shall be based
upon ~he determination and designation of those portions of
geogr~phical Collier County that naturally function as high natural
recha::ge arenas to the Surficial and Intermediate Aquifer Systems. Upon
identification of ST-NAR areas, Articles 2, 3, 4 and other applicable
sections hereof, shall be amended to include the ST-NAR Special
Treatl~ent Overlay Zone where appropriate.
SEC.2.1.3.2.2 GROUND WATER PROTECTION AREA ("GWP"):
All of geographical. Collier County provides natural
aquife:.~ recharge to the Water Table Aquifer and the potential for
natural aquifer recharge to the unconfined or semi-confined portions of
the I~wer Tamiami and Sandstone Aquifers. Natural aquifer recharge
from the Water Table Aquifer constitutes approximately eighty percent
of th~ recharge to the Lower Tamiami Aquifer on a regional basis. That
area of geoc.~raph~cal Collier County excluding W-l, W-2, W-3, W-4 and
ST-NAR, shall be provided with a minimum level of ground water
protection and shall be designated as GWP.
SECTION 2.2 ZONING ATLAS.
The Wellfield Risk Management Special Treatment Overlay
Zones. and tke High Natural Aquifer Recharge Special Treatment Overlay
Zone.~, shall be mapped as provided herein and shall be shown on the
Official Zoning Atlas of Collier County and the municipalities within
the c. leographical boundaries of Collier County.
SECT]iON 2.3 ANNUAL REVIEW OF ZONES.
The Wellfield Risk Management Special Treatment Overlay
Zon~ Maps, Appendix A, shall be reviewed by the Board on an annual
basi:~ or more often as may be determined by the County Manager in his
disc~:etion u~)~n the occurrence of:
SEC. 2.. 3.1 Changes in technical kno%~ledge concerning the
understanding of ground water hydraulics as applied to
9
Collier County;
SEC.:~.3.2 Changes in the permitted withdrawals from the identified
w~llfield(s);
SEC.2.[~.3 Reconfiguration of identified wellfields;
SEC.2.3.4 The designation of new wellfield(s) as protected under
this Ordinance; and
SEC.2.3.5 Availability of any other technical or scientific
information relative to the aquifer systems in Collier
County.
SECT[O}! 2.4 APPLICATION OF ZONES.
SEC. 2.~,.1 REGULATED WELLFIELDS.
The following Wellfield Risk Management Special
Treatment Overlay Zones, as defined in Section 2.1, and criteria
specified in Article 4 shall be applied to the following wellfields:
SEC.2.&.i.1 East Golden Gate Wellfield.
SEC.2.&.i.2 Coastal Ridge Wellf]eld.
SEC.2.~,.1.3 Collier County Utilities Wellfield.
SEC.2.¢.1.4 Everglades City Wellfield.
SEC.2.~,.1.5 Florida Cities (Avatar) Wellfield.
SEC. 2.4,.1.6 The Glades Wellfield.
SEC.2.4,.1.7 Immokalee Water and Sewer Wellfields drilled into the
Lower Tamiami Aquifers and Sandstone Aquifers.
SEC. 2.4..1.8 North Naples Utilities (Quail Creek) Wellfield.
SEC.~.4,.1.9 Pelican Bay Wellfield.
SEC.~.4.2 UNREGULATED WELLFIELDS.
Wellfield Risk Management Special Treatment Overlay
Zones as defined in Section 2.1 and the criteria specified in Article
4, shall not be applied to:
SEC.2.4.2.1 Port of the Islands Wellfield
SEC.:!.4.3 DETERMINATION OF LOCATION WITHIN WELLFIELD RISK
MANAGEMENT ZONES.
In dete~,ining the location of Regulated Development
with:.n the W.~llfield Risk Management Zones, the following rules shall
apply:
$EC.2.4.3.1 Regulated Development located wholly within a single
Wellfield Risk Management Zone, as reflected on the Wellfield Risk
Management S];ecial Treatment Overlay Zone Map(s), shall be 'governed by
the restrictions applicable to that Zone.
SEC.:!.4.3.2 Where a boundary between two adjacent Wellfield Risk
Mana~;ement Zones, as reflected on the Wellfield Risk Management Special
Treatment Ow~rlay Map(s), passes through the structure of a Regulated
Development, the entire structure and Regulated Development shall be
considered to be in the more restrictive Zone.
.~ )
III
SEC.2.4.3.3 Where the site of a Regulated Developmer, t lies within
two or mor~, Well field Risk Management Zones, as reflected on the
Well~ield R~ak Management Special Treatment Overlay Map(s), and the
str~,:tural or activity portion of the site may be confined to one of
the Zones, then each portion of the Regulated Development shall De
govelcn~d by the restrictions applicable to the applicable Overlay Zone
in which th,: p~rtion is located so long as the Owner/Operator provides
reasonable assurances that a discharge or accidental release will be
prohibited from entering the more restrictive Zone.
SEC. ~.5 PROTECTION OF FUTURE WELLFIELDS.
Wellfield Risk Management Zones shall by established
aroused those future public water supply wellfields with SFW~D permitted
%,ith,~r~%wals of a minimum of 100,000 gallons per day from the Surficial
Aquifer System.
Future public water supply wellfields with SFWMD
perm[t~'ed w~thdrawals of a minimum of 100,000 gallons per day from the
Intecmediat~,d Aquifer System shall be evaluated on a case-by-case basis
to d~t.ermine the applicability of Wellfield Risk Management Zone
del i aeat ion.
Wellfiel¢! Risk Management Zones shall not be established
for those future public water supply wellfields with SFWMD permitted
withdrawals of a minimum of 100,000 gallons per day from the Floridan
Aquifer System.
All Regulated Development within the Wellfield Risk
Mana]e;~ent ::ones of the future public water supply wellfields shall
comply with the regulations and standards of construction of Article 4
and ~%rticle 5 hereof which incorporates by reference the State's Ground
Water standards of non-degradation and enhancement of ground water.
SECTION 2.6 EFFECT OF SETBACKS AND BUFFERS FROM SANITARY HAZARDS AS
PROMULGATED AND ADOPTED IN THE FLORIDA ADMINISTRATIVE
CODE.
Chapter 17, Florida Administrative Code, establishes
minim%u~ setbacks and buffers between the placement of identified
sanita~ry ha::ards and public potable water supply wells. The location
of t~e following Regulated Development and associated activity shall be
subject to the minimum setback and buffer requirements as promulgated
and adopted by the Florida Department of Environmental Regulation and
incorp()rated herein by reference. For reference purposes only, the
applicable setbacks from potable water wells on the effective date of
this ordinance are as follows:
SEC.2.6.1 Domestic Wastewater Treatment Plant outfall, as
regulated under Rule 17-600.510, Florida Administrative Code, shall
discharge not less than 500 feet from an approved, but not yet
constz~cted potable water intake.
SEC.i.6.2 Application of sludge, as regulated under Rules ~7-
7.540(~) , (5', , (7), 17-7.570, and 17-7.580, Florida Administrative Code,
shall be no closer that 500 feet from a shallow public water supply
well a~ defi~ned in Rule 17-7.020(4(;), Florida Administrative Code.
SEC.2.6.3 The edge of the wetted area used for the application
and reuse o:." reclaimed water, as regulated under Rule 17-610.471,
Flozida Administrative Code, shall be no closer than 75 feet from an
existing or ~RS approved potable water supply well; and reclaimed
water trans~ission facilities shall be no closer than 75 feet from a
potable wat,:r supply well.
SEC.2.6.4 The edge of the pond, basin of trench embankment used
for a rapid rate land application system, as regulated under Ru~e 17-
610.52]., Florida Administrative Code, sha~l be no closer than 500 feet
fro~ an existing ur HRS approved potable water supply well, or 200 feet
if conditions specified in the cited Rule are met.
SEC.2.6.5 The edge of a reuse absorption field, as regulated
under Rule 17--610.571, Florida Administrative Code, shall be no closer
than 500 fe~t from an existing or HRS approved potable water supply
well, or 200 feet if conditions specified in the cited Rule are met.
SEC.2.6.6 The edge of the wetted area used for effluent disposal
by ¢,verland flow, as regulated under Rule 17-610.621, Florida
Administrat~ve Code, shall be no closer than 100 feet from an existing
or }IRS approved potable water supply well; and a reclaimed wastewater
transm~.ssion facility, as regulated under Rule 17-610.621, Florida
Adm~.nistrative Code, shall be no closer than 100 feet from a public
wat~r supply well.
SEC. 2.6.7 Domestic Wastewater Residuals land application, as
regulated under Rule 17-640.700(4) or Rule 17-640.800(1), Florida
Adm:.ni~trative Code, shall be no closer than 500 feet from any shallow
pubkic wate~ supply well.
SEC.?.6.8 Dairy farms, regulated under Rule 17-670.52%, Florida
Admini~.trative Code, shall maintain the 300 feet separation between
sto:~age and treatment or high-intensity areas and a drinking water
sup])ly well.: and shall maintain a separation of 200 feet between land
application of wastewater and a drinking water supply well. The land
application of Egg Wash Wastewater, as regulated under 17-670.600(3),
Flo~ida Administrative Code, shall be no closer than 200 feet from a
drinking wauer supply well.
SEC.2.6.9 Disposal of solid waste, as regulated under Rule 17-
701.040(2), Florida Administrative Code, is prohibited within 500 feet
of ~n ~xist[ng or approved shallow water supply well unless the
disposal meets the standards of Rule 17-701.040, Florida
Administrative Code.
SEC.2.6.10 Any other applicable setback and buffer from a drinking
water supp?! well required by state or federal regulations shall be
applicable ~:o any new or substantially modified Regulated Development
after the effective date of this Ordinance.
ARTICLE 3 EXEMPTED DEVELOPMENT.
The following legally existing and future development is
deemed by t~e Board to be exempt from the prohibitions,regulations and
standards of construction established by this Ordinance as set forth
below. These exemptions shall not be construed or otherwise
interpreted to exempt that development prohibited or regulated in
A~icle 4 hereof.
SECTION 3.1 WELLFIELD EXEMPTION.
A Wellfield Exemption for a particular development shall
not automatically expire so long as the development meets the criteria
of th~s Section. An exemption for a particular development shall be
subject to r'evision or revocation as provided in Section 8.2 hereof.
SEC.3.1.1 WELLFIELD EXEMPTION FOR CONTINUOUS TRANSIT.
The transportation of any Hazardous Product or
Hazardous Waste shall be exempt from the provisions of this Ordinance
provid~ed that the transporting motor vehicle is in continuous transit.
~is exemption shall not be construed to prohibit the delivery of a
Hazardous Product or the temporary stop of such motor vehicle for such
period~ of time as is necessary for refueling, emergency repairs and
driuer c. omfcrt.
SEC.3.1.2 WELLFIELD EXEMPTION FOR VEHICUI2%R FUEL AND
LUBRICANT USE.
The use of any petroleum product solely as a fuel in a
vehicle's fuel tank or as a lubricant in a vehicle shall exempt the
vehicle from the provisions of this Ordinance.
SEC.3.1.3 WELLFIELD EXEMPTION FOR THE USE OF NITRATES
CONTAINED IN FERTILIZERS.
The use of fertilizers containing nitrates shall be
generally e).empt from this Ordinance.
SEC.3.1.4 WELLFIELD EXEMPTION FOR CONSTRUCTION ACTIVITIES.
The activities of constructing, repairing or maintaining
any facility or of facility improvement shall be exempt from the
provisions of this Ordinance provided that all contractors,
sub-.ontractors, laborers, material men and their employees or agents,
whe~ using, handling, storing, producing, transporting o~' disposing of
Haz.~rdous Products or Hazardous Wastes continuously use industry
standard Best Management Practices to ensure that Hazardous Products,
}{az.~rdous Wastes or other contaminants are not discharged or
acc [dentally released.
SEC.3.1.5 WELLFIELD EXEMPTION FOR APPLICATION OF PESTICIDES,
HERBICIDES, FUNGICIDES AND RODENTICIDES
Application of pesticides, herbicides, fungicides and
rod,~-nticides in any non-residential pest control and aquatic weed
con~:rcl &ctiv]ty shall not be .required to obtain a Certificate to
Ope:.'ate under this Ordinance provided that:
SEC.3.1.5.1 The application of pesticides, herbicides, fungicides
and rcdenticid,~-s is in strict accordance with the federal requirements
set forth in 7 U.S.C. §§136-136Y and as indicated on the containers in
which the subs'~ance is sold or stored; and
SEC. 3.1.5.2 The use of pesticides, herbicides, fungicides and
rod,~nticides is in strict accordance with the requirements of Chapters
482 and 487, Florida Statutes, and Chapters 5E-2 and 5E-9, Florida
Administrative Code as each may, from time to time, be amended.
SEC.3.1.6 WELLFIELD EXEMPTION FOR EMERGENCY GENERATORS ACCESSORY
TO PUBLIC UTILITIES OR SERVING A SAFETY PURPOSE.
Emergency generators that are accessory to a public
utility and whl. ch will provide emergency electrical power to ensure a
con'rinuous supply of a public benefit; including without limita-2ion, a
public potable water supply, natural gas, sewer service, and telephone
set;ice; shall not be required to obtain a Certificate to Operate so
lon.~ as the State mandated setbacks and buffers as may be set forth in
the Florida Administrative Code and incorporated by reference in
Section 2.6 hereof are met and maintained.
Emergency generators that are accessory to essential
services, such as elevators in condominiums, hospitals and other
publicly accessed places, and which are connected =o fuel. storage tanks
of less than 110 gallons shall be exempt from regulation under this
Ordinance.
SEC. 3.1.7 WELLFIELD EXEMPTION FOR RETAIL SALES ACTIVITY.
Retail sales establishments that store and handle for
resale, Hazardous Products in the substance's original and unopened
individual containers of not more than five gallons or fifty pounds,
shall not be required to obtain a Certificate to Operate.
BEC. 3.1.8. WELLFIELD EXEMPTION FOR EI,ECTRIC POWER TRANSFORMERS USED
IN CONJUNCTION WITH PUBLIC ELECTRICAL UTILITIES.
Electrical. power transformers that are necessary
&quipment to the operation of electric power utilities wkich deliver
essential electric service of a public benefit, including both
distribution and substation power transformers, shall not be required~
to obtain a C~rtificate to Operate so long as the state mandated
setbacks and buffers as may be set forth in the Flo].-ida Administrative
Code and incorporated by reference in Section 2.6 hereof are met and
maintained.
SECTION 3.2 INSPECTIOMS.
SEC. 3.2.1 REASONABLE NOTICE.
The continued Wellfield Exemption status of a Regulated
Devel¢,pment sh~ll be dependent upon compliance with th- criteria of
Secti¢,n 3.1 and this Section. In order to ensure compliance with the
criteria of Se~-tion 3.1, the County may inspect the premises of the
Regulated Deve].opment at reasonable times and after reasonable notice
and --onsent of the Owner/Operator.
SEC. 3.2.2 INSPECTION WARRANTS.
Where consent has been withheld, the County may obtain
an I~nspection Narrant in the same manner as provided for in Section
403. 991, Florida Statutes.
SEC. ~. 2.3 IDENTIFICATION.
Agents of the County shall be provided with official
iden'~ification and shall exhibit this identification prior to any
insp,~ction.
ARTICLE 4 REGULATED DEVELOPMENT.
Unless otherwise exempted from compliance with this
'Ground Water ~rotection Ordinance as provided in:
(i) Article 2 (Regulated Development is within
Well.~'ield Risk Management Special Treatment Overlay Zones of a
· regu[[ated well field); or
'. (ii) Article 3 (Regulated Development is legislatively
exem]:ted); or
(iii) Article 7 (a Wellfield Conditional Use Permit has
been issued f¢)r the Regulated Development); it shall be unlawful to
substantially modify, replace or maintain an existing Regulated
Devei[opment, or to commence the operation or construction of the
following Regulated Development in violation of the standards set forth
in this Article.
Ail existing Regulated Development, unless otherwise
expr,,.ssly provided herein, shall have been constructed and permitted in
acco:.'dance w~th applicable local, state and federal law and
regulations. All existing Regulated Development meeting this criteria
are deemed re, be legal non-conforming Regulated Development which
shall, within one year of the effective date of this Ordinance, come
into compliance with the standards for existing Regulated Development
as p~.~ovided ir, this Article.
All existing Regulated Development not constructed and
permitted in accordance with applicable local, state and federal law
and r~:gulatio~s, are deemed to be ille. gal non-conforming Regulated
Development and shall within one year c.f the effective date of this
Ordilance, co~.e into compliance with the standards for future Requlated
De~'e[oPment a~ provided in this Article.
14
mmm mm m
SEC. 4.1.1 EXISTING SOLID WASTE D1SPOSAL FACILITIES.
SEC. 4.1.1.1 STANDARDS.
SEC.4.1.1.1.1 All existing solid waste disposal facilities shall have
met the applicable State mandated setbacks and buffers as adopted in
the Florida A.~ministrative Code and incorporated by reference in
Section 2.6 he)~eof.
SEC.4.1.1.1.2 In ZONES W-1 and W-2, the Owner/Operator of an existing
lawful, non-conforming solid waste disposal facility aha)l:
A. Monitor discharges to ground water as provided under
P~ule 17-901.050(6), Florida A(%minietrative C~e; ar~%
B. Comply with the operating criteria established under
Rule 17-701.050(6) , Florida Administrative Code; and
C. Submit to the Department copies of all ground water
monitoring reports and other operational report=~ as may
be required by FDER on a quarterly basis or as
submission may otherwise be required by FDER.
~. SEC.4.1.1.1.3 In ZONES W-3, W-4 AND GWP, existing s, d waste disposal
facilities are not regulated under this Ordinance.
,' SEC.4.1.2 FU%~3RE SOLID WASTE DISPOSAL FACILITIES.
i ~:~. SEC.4.1.2.1 STANDARDS.
SEC.4.1.2.1.1 In ZONES W-l, W-2, W-3, W-4 and GWP, future ~olid waste
dispol3al facilities are prohibited in the absence of a Wellfield
Condi':ional Us,~ Permit.
SEC.4.1.3 EXISTING SOLID WASTE TRANSFER STATIONS.
SEC.4.1.3.1 STANDARDS.
SEC.4.]..3.1.1 In ZONES W-l, W-2, W-3 and W-4, the continued operation
of a lawful non-conforming solid waste transfer station shall be
allow,~d after the effective date of this Ordinance upon the
Owner/Operator of such facility obtaining a Certificate to Operate from
the ~partment which shall include the following conditions:
A. Compliance with the operating criteria established
under Rule 17-701.801, Florida Administrative Code: and
B. The Owner/Operator shall submit copies of all ground
water monitoring reports and other operational reports
as may be required by FDER on a quarterly basis or as
may otherwise be required by FDER; and
C. The Owner/Operator shall report any discharge or
accidental release of contaminants to the Department
within 24 hours of discovery.
SEC.4.1.3.1.2 In GWP, existing solid waste transfer stations are not
regulated under this Ordinance.
~:' SEC. 4.1.4 FUTURE SOLID WASTE TRANSFER STATIONS.
SEC.4.~.4.1 STANDARDS.
SEC.4.~.4.1.1 In ZONES W-l, W-2 and W-3, future solid waste transfer
stati)ns are prohibited in the absence of. a Wellfield Conditional Use
Permi':.
SEC.4.1.4.1.2 In ZONES W-4 and GWP, future solid waste transfer
stations shall operate pursuant to a Certificate to Operate issued by
the D(,partment subject to compliance with the following criteria:
· A. Compliance with the operating criteria established
~ under Rule 17-701.801, Florida Administrative Code: and
B. The Owner/Operator shall submit copie~ of all grourd
water monitoring reports and other operational reports
as may be required by FDER on a quarterly basis or as
may otherwise be required by FDER; and
~ C. The Owner/Operator shall report any discharge or
accidental release of contaminants to the Department
· within 24 hours of discovery.
SEC.4.1.5 EXISTING AND FUTURE SOLID WASTE STANDARD CONTAINERS AND
SOLID WASTE BULK CONTAINERS.
SEC.4.1.5.1 STANDARDS.
SEC.4.1.5.1.1 In ZONES W-1 and W-2, all solid waste standard
containers shall be constructed of a leak proof and non-absorbent
material, with handles, provided with a closely fitting watertight
cover.
SEC.4.1.5.1.2 In ZONES W-3, W-4 and GWP, sol~- waste standard
containers are not regulated under the Ground Water Protection
Ordinance.
SEC.4.1.5.1.2 In ZONES W-l, W-2, W-3, W-4 and GWP, all solid waste
~' ' bulk containers shall be constructed of a leak proof and non-absorbent
material, andl fitted with a rain proof lid or cover .
SEC.4.1.6 FUTURE SOLID WASTE STORAGE, COLLECTION AND RECYCLING
FACILITIES.
SEC. 4.1.6.1 STANDARDS.
SEC.4.1.6.1.]. In ZONES W-i, W-2, W-3, W-4 and GWP, storage, collection
~.~ and r~,cycling facilities~ that do not handle Hazardous Products or
~ Hazardous Wastes, are not regulated under this Ordinance.
· SEC.4.1.6.1.2 In ZONES W-i, W-2 and W-3, future solid waste storage,
colluction and recycling facilities that will handle Hazardous Products
'. and Hazardou~ Wastes shall be prohibited in the absence of a Wellfield
Conditional Use Permit.
SEC.4.1.6.1.~1 In ZONES W-4 and GWP, future solid waste storage,
collection and recycling facilities are not regulated under this
Ordinance.
~ SEC.4.1.7 DISPOSAL OF HAZARDOUS WASTE.
SEC.¢.1.7.1 In ZONES W-l, W-2, W-3, W-4 and GWP, the disposal of any
Hazardous Waste or constituent thereof in an existing or future
landfill or other land disposal system is prohibited.
SECTION 4.2 HAZARDOUS PRODUCTS AND HAZARDOUS WASTES.
i: SEC. ~..2.1 EXISTING AND FUTURE NON-RESIDENTIAL USE, HANDLING,
STORAGE, GENERATION, TRANSPORT OR PROCESSING OF
HAZARDOUS PRODUCTS.
i. SEC.4.2.1.1.~. In ZONES W-l, W-2, AND W-3, future non-residential
development and the continued operation or use of existing non-
residential development, which at any point in time, uses, handles,
!.? store~, generates, transports or processes Hazardous Products that are
16
not: (i) ga~eous at 105 Degrees Fahrenheit and ambient pressure; (ii)
in ~lantities that exceed 250 gallons for liquids or 1,000 pounds for
soli,~s, shall be allowed pursuant to the Owner/Operator of such
development obtaining a Certificate to Operate issued by the
Department. ~he Certificate to Operate shall incorporate the following
conditions:
A. Existing non-residential Regulated Development shall
implement a detailed containment plan, approved by the
County Manager and providing for:
1. Containment of the Hazardous Product(s) which
will provide for abso~tion of not less than an
equivalent volume of the Hazardous Product(s), or
provide for secondary containment with a volume of
at least 110 percent of the largest container; or
other comparable method to manage discharges or
accidental releases and prevent contact with the
land or waters constituting or connected to Waters
of the State as defined in Chapter 403, Florida
Statutes.
2. Liquid Hazardous Products in tanks with a
capacity of greater than 250 gallons must be
stored in secondary containment with a volume of
at least 110 percent of the largest container,
plus the displacement of that and any other
tank(s) within the containment area. Rain water
may not exGeed 10 percent of the volume in the
secondary containment area at any time.
B. Future non-residential Regulated Development, shall
implement a detailed containment plan, approved by the
County Manager in accord with the standards set forth in
subsection A hereof with the exception that the future
Regulated[ Development shall provide for both the
containment and absorption of Hazardous Products.
C. Existing and Future non-residential Regulated
Development shall comply with the following conditions:
1. Hazardous Products must be removed from the
secondary containment within 24 hours of the
discharge or accidental release.
2. Submittal to the Department of a fire plan
approved by the local fire district.
3. Upon discovery of any discharge or accidental
release, implementation of a detailed contingency
plan approved by the County Manager which shall
describe the following:
a. Actions to be taken by the Owner/Operator
in the event of a discharge, or accidental
release of a Hazardous Product under this
Section, which shall include:
1) First response steps to control and
prohibit the discharge or accidental
release of the Hazardous Product;
2) Remedial actions consistent with
applicable state and federal laws; and
3) Proper disposal of the Hazardous
Product.
b. Emergency teIephone numbers of:
17
1) D~cal and state response units; and
2) Owner/Operator's designated emergency
response personnel.
c. Compliance with the applicable State and
Federal regulations.
d. The Department shall provide forms for
reporting of discharges or accidental
releases.
4. The facility shall report, to the Department,
discharges or accidental releases exceeding 50
gallons including: date, timE~, product discharged
or released, control measures used, quantity of
product discharged or released, and disposition of
recovered waste; within 48 hours of the discharge
or accidental release.
5. Annual inspections as provided in Section 6.3
hereof.
SEC..4.2.1.1.2 In ZONE GWP all future and existing non-residential
dev,~lopment involving the use, handling, storage, generation, transport
or processing of Hazardous Product below the thresholds stated in
SEC..4.2.1.1.3 hereof, and all future and existing non-residential
dev,~lopment in ZONES W-4 and GWP involving the generation or storage of
Hazardous ~aste at or above the thresholds state in SEC.4.2.1.1.1
her,~of, shall not be required to obtain a Certificate to Operate, but
sha~[1 compl~z with the following:
A. No Hazardous Product shall be discharged or released
to any stormwater treatment system.
B. No Hazardous Product shall be discharged or released
to any on-site sewage disposal system not permitted for
industrial or manufacturing use.
C. No Hazardous Product shall be discharged or released
to any wastewater treatment system not permitted for
industrial waste.
D. No Hazardous Product shall be discharged or released
to the surface of the land of ~nto any water
constituting or connecting to Waters of the State as
defined in Chapter 403, Florida Statu~eso
E. All Hazardous Product shall be retained on-site until
USe ·
F. All Hazardous Product shall be stored in rainproof
and leak proof containers.
G. Discharges or accidental release of Hazardous Product
exceeding 50 gallons shall be reported to the Department
within 48 hours of discovery. The report shall indicate
the date, time, product discharged or released, control
measures used, quantity of product discharged or
released, and disposition of recovered product.
SEC.4.2.2 EXISTING AND FUTURE RESIDENTIAL USE, HANDLING, STORAGE,
GENERATION, T~\NSPORT OR PROCESSING OF HAZARDOUS
PRODUCTS.
SEC.¢.2.2.1 STANDARDS.
SEC.¢.2.2.1.1 The existing and future residential use, handling,
storage., generation, transport or processing of Hazardous Products is
not regulated under this Ordinance.
SEC..4.2.3 EXISTING AND FUTURE NON-RESIDENTIAL GENERATION OR
STORAGE OF HAZARDOUS WASTE.
SEC. 4 · 2 · 3 · 1 STANDARDS.
SEC.4.2.3.1. 1 In ZONES W-l, W-2~ AND W-3, future n~n-residential
fac:~lfties and the continued operation or use of existillg
non.-residen~'ial facilities which generate or store Hazardous Wastes
which accumulate more than 220 pounds per month or 110 gallons at any
point in time, shall be allowed pursuant to the Owner/Operator
obtaining a Certificate to Operate. The Certificate to Operate shall
incorporate the following conditions:
A. Existing non-reskdential Regulated Development shall
implement a detailed containment plan, approved by the
County Manager and providing for:
1. Containment of the Hazardous Waste(s) which
will provide for absorption of not less than an
equivalent volume of the Hazardous Waste(s), or
provide for secondary containment with a volume of
at least 110 percent of the largest container; or
other comparable method to manage discharges or
accidental releases and prevent contact with the
land or waters constituting or connected to Waters
of the State as defined in Chapter 403, Florida
Statutes.
2. Liquid Hazardous Wastes in tanks with a
capacity of qreate:r than 250 gallons must be
stored in secondary containment with a volume of
at least 110 percent of the largest container,
plus the displacement of that and any other
tank(s) within the containment area. Rain water
may not exceed 10 percent of the volume in the
secondary containment area at any time.
B. Future non-residential Regulated Development shall
implement a detailed containment plan, approved by the
County Manager in accordance ~ith the standards set
forth in subsection A hereof with the exception that the
future Regulated Development shall provide for both th~
containment and abs.srpti¢,n of Hazardous Wastes.
C. Existing and Futur~ non-residential Regulated
Development shall comply with the following conditions:
1. Hazardous Wastes must be removed from the
secondary containment within 24 hours of the
discharge or accidental release.
2. Submittal ~o the Department of a fire plan
approved by the local fire district.
3. Upon discovery of any discharge or accidental
release, implementation of a detailed Contingency
Plan approved by the County Manager which shall
describe the following:
a. Actions to be taken by the Owner/Operator
in the event of a discharge, or accidental
release of a Hazardous Waste under this
Section, which shall include:
11 First response steps to control and
prohibit 'the discharge or accidental
release of the Hazardous Waste;
].9
2) Remedial actions consistent with
applicable state and federal laws; and
3) Proper disposal of the Hazardous
Waste.
b. Emergency telephone numbers of:
1) Local and state response units; and
2) Owner/Operator's designated emergency
response personnel.
c. Compliance with the applicable State and
Federal regulations.
d. The Department shall provide forms for
reporting of discharges or accidental
releases.
4. The facility shall report, to the Department,
discharges or accidental releases exceeding 50
gallons including; date, time, waste discharged or
released, control measures used, quantity of waste
discharged or released, and disposition of waste
product; within 48 hours of the discharge or
accidental release.
5. Annual inspections as provided in Section 6.3
hereof.
SEC.4.2.3.1.2 In ZONES W-I, W-2 and W-3 all future and existing non-
residential development involving the generation or storage of
Haz.~rdous Waste below the thresholds stated in SEC.4.2.5.1.1 hereof,
and all existing non-residential development in ZONES w-4 and GWP
involving the generation or storage of Hazardous waste at or above the
thresholds state in SEC.4.2.5.1.1 hereof, shall not be required to
obtain a Certificate to Operate, but shall comply with the following:
A. No Hazardous Waste shall be discharged or released to
any stormwater treatment system.
B. No Hazardous Waste shall be discharged or released to
any on-site sewage disposal system not permitted for
industrial or manufacturing use.
C. No Hazardous Waste shall be discharged or released to
any wastewater treatment system not permitted for
industrial waste.
D. No Hazardous Waste shall be discharged or released to
the surface of the land of into any water constituting
or connecting to Waters of the State as defined in
Chapter 403, Florida Statutes.
E. All Hazardous Waste shall be retained on-site until
disposed of in accordance with applicable law.
F. All Hazardous Waste shall be stored in rainproof and
leak proof containers.
G. Discharges or accidental release of Hazardous Waste
exceeding 50 gallons shall be reported to the Department
within 48 hours of discovery. The report shall indicate
the date, time, waste discharged or released, control
measures used, quantity of waste discharged or released,
and disposition of recow~red waste.
SEC.4.2.4 EXISTING AND FUTURE RESIDENTIAL GENERATION OR STORAGE OF
HAZARDOUS WASTES.
20
SEC. 4.2.4.1 STANDARDS.
SEC..4.2.4.1.1 In ZONES W-i, W-2, W-3, W-4 and GW~, residential
gen~ration and storage of Hazardous Waste is not regulated under this
Ord~.nance.
SE~ION 4.3 WASTEWATER TREATMENT PLANTS AND EFFLUENT LAND DISPOSAL
SYSTEMS.
SEC. 4.3.1 EXISTING AND FUTURE DOMESTIC WASTEWATER TREATMENT
PLANTS.
SEC. 4.3.1.1 STANDARDS.
SEC. 4.3.1.1.1 All future and existing Domestic Wastewater Treatment
Plant:~ shall have been constructed and permitted in accordance with
app].icable Stmte law and regulations, and comply with the State
man([ated setbacks and buffers as adopted in the Florida Administrative
Code and incozporated by reference in Section 2.6 hereof.
SEC.4'.3.1.1.2 In ZONE W-i, all future Domestic Wastewater Treatment
Plant~ are pr¢.hibited. The continued operation of all existing legal
non-.conforminq' Domestic Wastewater Treatment Plants shall be allowed to
continue pursuant to the Owner/O~erator obtaining a Certificate to
Operate. The Certificate to Operate shall incorporate the following
con~litions:
A. All applicable sampling requirements of Rule 17-
601.500(5), Florida Administrative Code pertaining to
monitoring of influent and effluent; and
B. All applicable ground water monitoring requirements
of Rule 17-601.700, Florida Administrative Code
pertaining to ground water monitoring, and provide the
Department with copies of all monitoring reports
submitted to FDER; and
C. The applicable influent/effluent and ground water
monitoring reporting requirements of Rule 17-601.300(3),
Florida Administrative Code, and provide the Department
with copies of all monitoring reports submitted to FDER;
and
SEC.4.3.1.1.3 In ZONES W-2, W-3, W-4 and GWP, future Domestic
Waste%;ater Treatment Plants and the continued operation of all existing
'legal non-conforming Domestic Wastewater Treatment Plants permitted for
over 100,000 GPD, shall be allowed pursuant to the Owner/Operator
demon~trating compliance with and incorporating the following
conditions:
A. All applicable ground water monitoring requirements
of Rule 17-601.700, Florida Administrative Code
pertaining to ground water monitoring; and
B. On a ~arterly basis, the Owner/Operator shall
provide the Department with copies of all current
monitoring reports submitted to FDFR.
SEC.~.3.2 EXISTING ~ND DISPOSAL SYSTEMS FOR DOMESTIC WASTEWATER
TREATMENT PLANT EFFLUENT.
SEC. ~.3.2.1 STANDARDS.
SEC..$.3.2.1.1 All existing land disposal systems for application
of Domestic Wastewater Treatment Plant effluent shall have been
cons,:ructed and permitte¢[ in accordance with applicable State law
and :~egulations, and comply with the State mandated setbacks and
buff~rs as a~opted in the Florida Administrative Code and as
incorporated b~ reference in Section 2.6 hereof.
21
SEC..%.3.2.1.2 In ZONE W-l, the continued operation of all land
disposal systems for the application of Domestic Wastewater Treatment
Plan~ effluent shall be allowed pursuant to the Owner/Operator
obtaining a CE~rtificate to Operate. The Certificate to Operate shall
incorporate tke following conditions:
A. All applicable sampling requirements of Rule 17-
601.500(5>, Florida Administrative Code pertaining to
monitoring of wastewater effluent; and
B. All applicable surface water and ground water
monitoring as req~ired by FDER pursuant to Rule
17-601.700(4), Florida Administrative Code; and
C. Reporting of wastewater effluent sampling data and
surface water and/or ground water monitoring data to the
Department on a quarterly basis.
D. The wastewater treatment and high level disinfection
standards identified in Rule 17-610.460, Florida
Administrative Code shall be implemented for effluent
land disposal systems designed to accommodate a loading
rate of 2,500 gallons per acre per day.
SEC.~,.3.3 FUTURE LAdeD DISPOSAL SYSTEMS FOR DOMESTIC WASTEWATER
TREATMENT PLANT EFFLUENT.
SEC.~,..].3.1 STANDARDS.
SEC.~.3.3.1.1 All future land disposal systems for application
of Domestic Wastewater Treatment Plant effluent shall be constructed
and ~,ermitted in accordance with applicable State law and regulations,
and ¢:omply with the State mandated setbacks and buffers as adopted in
the Florida Administrative Code and as incorporated by reference in
Section 2.6 hereof.
SEC.4.3.3.1.2 In ZONE W-l, future land disposal systems for the
application of Domestic Wastewater Treatment Plant effluent shall
opera.te pursuant to a Certificate to Operate incorporating the
foll¢,wing conditions:
A. All applicable sampling requirements of Rule 17-
601.500(5), Florida Administrative Code pertaining to
monitoring of wastewater effluent; and
B. All applicable surface water and ground water
monitoring as reql~ired by FDER pursuant ~o Rule
17-601.700(4), Florida Administrative Code; and
C. Reporting of wastewater effluent sampling data and
surface water and/or ground water monitoring data to the
Department on a quarterly basis.
D. The wastewater treatment and high level disinfection
standards identified in Rule 17-610.460, Florida
Administrative Code shall be implemented for effluent
land disposal systems designed to accommodate a loading
rate of 2,500 gallons per acre per day..
SEC.4.3.4 FUTURE INDUSTRIAL WASTEWATER TREATMENT PLANTS OR
FACILITIES REQUIRED TO OBTAIN AN INDUSTRIAL WASTEWATER
PERMIT.
SEC.4.3.4.1 STANDARDS.
S~C.4.3.4.1.] All future industrial wastewater treatment plants
shall be constructed and permitted in accordance with applicable
State law and, regulations.
SEC.4.3.4.1.2 In ZONES W-i, W-2, W-3, W-4 and GWP, future industrial
¥&stewater plants and facilities subject to pretreatment standards or
effluent limits for Toxic Pollutants as promulgated in 40 CFR Part
401.15, shaft1 be permitted pursuant to a Certificate to Operate
incorporating the conditions set forth in Subsection 4.3.4.1.3 below.
SEC.4.3.4.1.3 In ZONES W-I, W-2, W-3, W-4 and GWP, future industrial
waste:water ])lants and facilities subject to effluent limits for
Conventional or other pollutants as promulgated in 40 CFR Part 401.16,
shall be permitted pursuant to a Certificate to Operate incorporating
the followin] conditions:
A. The Owner/Operator shall establish an industrial
pretreatment program in accordance with the applicable
categorical pretreatment standards for the specific
industry as developed by the Industrial Technology
Division of The United States Environmental Protection
Agency Office of Water Regulations and Standards at 40
CFR Part 135; and
B. Provide copies of all current ground water monitoring
reports and influent/effluent sampling data to the
Department on a quarterly basis.
SEC.4.:~.4.1.4 In ZONE W-1 any discharge from an industrial wastewater
trea~:m~nt plant shall meet the high level disinfection standards set
forth in Section 4.3 hereof.
SECT[ION ~,.4 COLLECTION AND TRANSMISSION SYSTEMS.
SEC. 4.4.1 EXISTING AND FUTURE COLLECTION AND TRANSMISSION SYSTEMS.
SEC. 4.4.1.1 STANDARDS.
SEC.4.4.1.1.1 All future and existing domestic and industrial
Coll,~ction ~nd Transmission Systems shall have been constructed and
permitted in accordance with applicable County, State and Federal law
and regulations, and comply with the State mandated setbacks and
buff,~r~ as adopted in the Florida Administrative Code and incorporated
by r,;ference in Section 2.6 hereof.
SEC.,[.4.1.1.2 All existing and future collection and transmission
syst,.~ms located within ZONE 1 shall be inspected by the Owner/Operator
at s~[x (6) months intervals, and any deficiency from applicable design
standards shall be brought into compliance within thirty (30) days of
insp~.~ction.
SECT[ION 4.5 DOMESTIC RESIDUAL DISPOSAL SITES.
SEC.,[.5.1 EXISTING ~uND FUTURE DOMESTIC RESIDUAL DISPOSAL SITES.
SEC. 4..5.1.1 STANDARDS.
SEC. 4 . 5.1.1.1 All existing legal non-conforming and future Domestic
Resi~,ual Disposal Sites shall have been constructed and permitted in
acco:.~dance with Collier County Ordinance No. 87-79, as may be amended
or :~uperseded, and all applicable State and Federal law and
regulations, and comply with the State mandated setbacks and buffers as
adop':ed in the Florida Administrative Code and incorporated by
refe~sence in Section 2.6 hereof.
SEC. 4.5.1.1. 2 Existing domestic disposal sites not meeting the
criteria for a legal non-conforming use, shall within one year of the
effective date of this Ordinance, come into complia~.ce with the
standards s~:t forth in this Subsection.
SEC.4.5.1.1.3 In Zone W-l, land application of Class A Domestic
Residuals shall be permitted in accordance with the standards of
SEC.4.5.1.1. 5 hereof.
23
SEC. 4.5.1.1.4 In ZONE W-l, land application of Class B and Class C
Domestic Residuals is prohibited in the absence of a Wellfield
Conditional Use Permit.
SEC. 4.5.1.1.5. In ZONES W-i, W-2, and W-3, land application of
Domestic Residuals shall comply with the following criteria:
A. Metal concentrations of Cadmium, Copper, Lead,
Nickel and zinc shall not exceed the thresholds set
forth in Rule 17-640, Florida Administrative Code, as
may be amended. For reference purposes only, the
applicable metal concentrations for these metals at the
effective date of this Ordinance are as follows:
METALS ~G/KG DRY WEIGHT
CADMIUM 30
COPPER 900
LEAD 1,000
NICKEL 100
ZINC 1,800
B. The total rate of Domestic Residuals applied to land
shall not exceed the nitrogen uptake of the vegetation
upon which the residuals are being applied, and shall be
consistent with Collier County Ordinance No. 87-79, as
may be amended or superseded, a~]d Chapter 17-640,
Florida Administrative Code and 40 CFR Parts 256 and
257, and as may be superseded.
C. If Domestic Residuals are applied to a site that is
receiving reclaimed water, the nitrogen uptake
calculation shall include the combined effect of
nitrogen loading from both Domestic Residuals and
Reclaimed Water applied to the site as provided in Rule
17-640, Florida Administrative Code.
SEC. 4.5.1.1.6 Minimum frequency of ground water monitoring criteria
is as follows:
ZONES MONITORING/REPORTING FREOUENCY
W-1 QUARTERLY
W-2 SEMI-ANNUALLY
· W-3 SEMI-ANNUALLY
Wo-4 SITE SPECIFIC PER RESIDUAL
DISPOSAL PERMIT CONDITIONS
GWP SITE SPECIFIC PER RESIDUAL
DISPOSAL PERMIT CONDITIONS
SECTION 4.6 ON-SITE SEWAGE DISPOSAL SYSTEMS
SEC. 4.6.1 EXISTING ON-SITE SEWAGE DISPOSAL SYSTEMS
SEC. 4.6.1.1 STANDARDS.
SEC.4.6.1.1.1 In ZONES W-l, W-2, W-3, W-4 and GWP, existing
on-site sewage disposal systems are not regulated under this Ordinance.
SEC.4.6.1. 1.2 Existing on-site sewage disposal systems as defined in
Rule 1OD-6.042, Florida Admini-,~trat ire Code serving existing
residential structures located in Zones W-l, W-2, W-3, W-4 and GWP are
not regulated under this ordinance.
SEC.4.6.1.1.3 At such times as any repairs are required to existing
non-cDnforming disposal systems located within 200 feet of a public
24
water supply well, the disposal system shall be upgraded to standards
as specified for "future on-site disposal systems" in Sec.4.6.2,
hereof, or shall be relocated outside of a radius of 200 feet from the
well.
SEC.4.6.1.1.4 On-site sewage disposal systems requiring a Certificate
of Operate under Section 4.2 hereof and serving existing industrial
uses located on ZONES W-l, W-2, or W-3, shall be allowed to continue
pursuant to a Certificate to Operate from the Department, incorporating
the following conditions:
A. Reporting by the industrial user of
all hazardous products stored or used at
the subject location;
B. Implementation of a groundwater
monitoring system on the site, designed
by a professional engineer or
professional geologist licensed in the
State of Florida, with monitoring
required on a semi-annual schedule for
any Hazardous Wastes that are used or
stored on the industrial site, and
reporting of monitoring data to the
Department; and
C. Certification by a professional
engineer that the on-site sewage
disposal system meets construction and
operating standards as contained in the
most current version of Rule 10D-~.056,
Florida Administrative Code as may be
amended.
SEC. 4 . 6.2. FUTURE ON-SITE SEWAGE DISPOSAL SYSTEMS.
SEC .. 4.6.2. l. STANDARDS.
SEC. 4.6.2.1.1. In ZONE W-l, future on-sit~ disposal systems requiring
a soil absorption or infiltration area greater than 1,000 square feet
sha].l be constructed to minimum standards contained in Rule 10D-6.056~
Florida Administrative Code, as may be amended and the following
criteria:
A. Wastewater shall be distributed onto the infiltration
surface by means of an automatic dosing device (Rump or
siphon) and a low-pressure lateral distribution system
shall be designed as outlined in the U.S. Environmental
Protection Agency Design Manual On-site Wastewater
Treatment and Disposal Systems (EPA 625/1-80-012).
B. The design of the on-site disposal of the on-site
system shall be certified by a registered engineer,
licensed in the State of Florida, to be capable of
providing a vertical separation of at least 24 inches
between the bottom of the stone fill in the drainfield
(infiltration surface) and the wet seasonal high water
table flow. when the disposal system is operating at design
SECTION 4.7 CONCENTRATED ANIMAL FEEDING OPERATIONS, HIGH INTENSITY USE AREAS, DAIRY FARM STORAGE AND TREATMENT FACILITIES,
AND LAND APPLICATION OF EGG WASH WASTEWATER.
SEC.4.?.i EXISTING AND FUTURE CONCENTRATED ANIMAL FEEDING
OPERATIONS, HIGH INTENSITY USE AREAS DAIRY FAP~4STORAGE
,
AND TREATMENT FACILITIES, AND LAND APPLICATION OF EGG
WASH WASTEWATER.
25
SEC.4.7.1.1 STANDARDS.
SEC.4.7.1.1.1 All existing and future concentrated animal feeding
operations, high intensity use areas, dairy farm storage and treatment
facilities, and land application of Egg Wash Wastewater shall be
constructed and permitted in accordance with applicable State and
Federal law and regulations, and comply with the State mandated
setbacks and buffers as adopted in the Florida Administrative Code and
incorporated by reference in Section 2.6 hereof.
SEC.4.7.1.1.2 In the event FDER requires an industrial wastewater
permit for any of the activities regulated pursuant to Rule 17-
670.400, Florida Administrative Code, the develo~)ment shall comply
with the criteria of Sec.4.3.6 hereof.
SECTION 4.8 STORMWATER MANAGEMENT SYSTEMS.
SEC.4.8.1 EXISTING STORMWATER MANAGEMENT SYSTEMS.
SEC~4.8.1.1 STANDARDS.
SEC.4.8.1.1.1 All existing stormwater management systems in place and
operational at the time this Ordinance becomes effective shall
be allowed to continue operation without any additional regulation
under this Ordinance.
SEC.4.8.2 FUTURE STORMWATER MANAGEMENT SYSTEMS.
SEC.4.8.2.1 STANDARDS.
SEC.4.8.2.1.1 All future stormwater management systems shall be
constructed and permitted in accordance with applicable State and South
Florida Water Management District law and regulations, and comply with
the State or South Florida Water Management District mandated setbacks
and buffers as adopted in the Florida Administrative Code, South
Florida Water Management District Basis of Review for Stormwater
Management Systems and as incorporated by reference in Section 2.6
hereof
SEC~ICN 4.9 WELL CONSTRUCTION AND SUBSURFACE EXPLORATION.
SEC.4.9.1 EXISTING WELLS AND SUBSURFACE EXPLORATION.
SEC.4.9.1.1 STANDARDS.
SEC.4.9.1.1.1 In ZONES W-l, W-2, W-3, W-4 and GWP, all existing
wells, which may be deemed to be abandoned within the meaning of
Chapter 373, Part III, Florida Statutes as implemented in Part II of
Rule 40E-3, Florida Administrative Code, shall be plugged and grouted
in accordance with those provisions.
SEC.4.9.1.1.2 In ZONES W-i, W-2, W-3, W-4 and[ GWP, all permitted
wells, temporarily inactive or standby wells, shall be fitted with a
well seal meeting the criteria of Part II of Rule 40E-3, Florida
Administrative Code or blind flange within si:( (6) months of the
effective date of this ordinance.
SE¢.4.~.1.1.3 In ZONES W-l, W-2, W-3, W-4 and GWP, all other
unpermitted, inactive wells that do not meet construction standards
specified in Collier County Ordinance No. 88-99, and as may be amended,
shall be pluggad and grouted within one (1) year of the effective date
of thi~ Ordinance.
Sec.4.~.'1.1.4. In ZONES W-i, W-2, W-3, W-4 and GWP, existing monitoring
wells that require a Well Construction permit under Collier County
Ordinance No. 88-99, and as may be amended, shall be secured with a
locking cap/seal within six (6) months of the effective date of this
Ordinance.
26
Se¢.4.9.1.1.5. In ZONES W-i, W-2, W-3, W-4 and GWP, Hazardous Waste
sha~[1 not be disposed of by injection well, and injection wells, other
than Water Resource Related Wells, are prohibited.
$EC.4.9.2 FUTURE WELLS AND SUBSURFACE EXPLORATION.
$EC.4.9.2.1 STANDA~RDS.
$EC.4.9.2.1.1 In ZONES W-l, W-2. W-3, W-4 and GWP, all new wells,
including without limitation, monitoring, drinking water, exploration
and irrigation wells, shall be constructed in accordance with Collier
County ordinance No. 88-99, and as may be amended or superseded;
Sec'tion 2.6 of this Ordinance; and Chapter 17-28, Florida
Administrative Code. In no event shall the inside dkameter of such well
casing be less than 4.0 inches.
$EC.4.9.2.1.2 In ZONES W-l, W-2, W-3, W-4 and GWP, Hazardous Waste may
not be disposed of by injection well, and injection wells, other than
Wat.~r Resource Related Wells, are prohibited.
SECTION 4.10 EXCAVA~rION AND MINING ACTIVITY.
SEC.4.10.1 EXISTING AND FUTURE EXCAVATIONS AND MINING OPERATIONS.
SEC.4.10.1.1 STANDARDS.
SEC.4.10.1.1.1 In ZONES W-l, W-2, W-3, W-4 and GWP, all future and
existing excavation and mining operations shall be in compliance with
Collier County Ordinance No. 88-26, and as may be amended or
sup ~rseded.
SEC.4.10.1.1.2 In ZONES W-i, W-2, W-3, W-4 and GWP, future excavation
and mining operations and the continued operation of existing legal
non-conforming excavations and mining operations shall be allowed
pur:~uant to Owner/Operator complying with the following conditions:
A. Implementation of a County approved stormwater
drainage system, incorporating best management practices
for handling vehicle fuel, hydraulic fluids, lubricants
and related materials, that will divert stormwater
runoff from material processing and ';eh]cle maintenance
and storage areas away from mining excavation areas.
SEC~?ION 4.11 PETROLEUM PRODUCT FACILITIES.
'SEC. 4.11.1 EXISTING AND FUTURE PETROLEUM EXPLORATIONAND PRODUCTION
FACILITIES.
SEC.4.11.1.1 STANDARDS.
SEC.%.ll.i.i.1 In ZONES W-1 and W-2, expansion of existing petroleum
exploration or production facilities shall be prohibited.
SEC. 4.11.1.1.2 In ZONES W-1 and W-2, future petroleum exploration and
prodluction facilities and the continued operation and use of existing
legal non-conforming petroleum exploration and production facilities
shall be allowed pursuant to the Owner/Operator obtaining a Certificate
to Operate incorporating the following conditions and the provisions of
SEC.4.11.1.1.4 and SEC.4.11.1.1.5 hereof:
A. Implementation of a detailed containment plan
approved by the County Manager, describing:
1. A primary and secondary containment system
designed to ensure that any discharge or
accidental release of the petroleum, petroleum
product, drilling fluid, or formation waters is
not discharged or accidentally released to an
on-site or off-site stormwater management system;
wetland; or surface waters or ground waters of the
State as defined in Chapter 403, Florida Statutes.
Secondary containment shall meet the following
criteria:
a. Containment structures open to rainfall or
otherwise subject to infiltration by water,
shall be design{~d to detain at least 150% of
· the total volume of the discharge or release;
and
b. Containment structures which are
impermeable to rainfall or infiltration by
water, shall be designed to detain 110% of
the total volume of the discharge or release.
2. Emergency collection devices that have or
will be employed to ensure that any discharge or
accidental release of the petroleum, petroleum
product, drilling fluids, or formation waters do
not discharge to an on-site or off-site stormwater
management system; wetland; or surface wa~ers or
ground waters of the State; and
3. The maintenance that will be provided for the
primary and seconda~y containment Eystems and
emergency collection devices to ensure that any
discharge or accidental release is contained
on-site for proper disposal in accordance with
applicable State and Federal law.
B. Upon discovery of a discharge or accidental release
to a pervious surface, implementation efa Department
approved or detailed contingency plan which describes:
1. Actions to be taken by the Owner/Operator
in the event of a discharge, accidental release,
or failure in any containment or emergency
collection system required under this Section,
which shall include:
a. First respcnse steps to control and
prohibit the discharge or accidental release
of the petroleum product, petxoleum, drilling
fluid, or formation water:
b. Remedial actions consistent with
applicable state and federal laws; and
c. Proper disposal of the petroleum product.
2. Emergency telephone numbers of:
a. Local and st~,te response units; and
b. Owner/Operator's designated emergency
response personnel.
3. Compliance wl.th the applicable State and
Federal regulat]ons.
SEC.4.11.1.1.3 In ZONES W-3, W-4 and GWP, the operation and use of
futur~ and existing petroleum exploration and production facilities are
not regulated under this Ordinance, except as provided in
SEC.4.]1.1.1.4 and SEC.4.11.1.1.5 hereof.
SEC.4.!1.1.1.4 In ZONES W-l, W-2, W-3 an,! W-4, the siting of future
petroleum exploration and production facilities is prohibited in the
absenme of a Wellfield Conditional Use PErmit.
28
SEC.4. ~1.1.1.5 In ZONE GWP, future petroleum product exploration shall
be p~ohibited from directional drillin~ through any potable water
aqui~e~ within the vertical projection ~f the map boundaries of the
Wellfield Risk Management Special Treatm-~nt Overlay Zones.
ARTICLE 5 COUNTY WIDE GROUND WATER PROTECTION STANDARDS.
SECTION 5.1 GROUND WATER QUALITY STAN)ARDS.
SEC.5.I.1 GROUND WATER CLASSIFICATI,)N AND CRITERIA.
The Board of County Commissioners of Collier County,
Florida adopts by reference, and shall, "-o the extent permitted by
general law and interpretations of Courts of competent jurisdiction, be
authorized concurrently with FDER to enforce within geographical
Collier County, Florida, Part IV of Rule 17-3, Florida Administrative
Code, as may be amended on the effective date of the Ground Water
Protection Ordinance, including all Rule:~ referenced therein.
SECTION 5.2 GROUND WATER QUANTITY STANDARDS.
SEC.5.2.1 RECHARGE OF AQUIFERS.
SEC. 5.2.1.1 STANDARDS.
SEC.5.2.1.1.1 The Board of County Commissioners of Collier County,
Florida finds that the criteria and standards for ensuring recharge to
the Surficial Aquifer System as set forth in the South Florida Water
Management District's Basis of Review fo]: Stormwater Management
Systems is adequate to address aquifer r,:charge at this time. This
finding.! does not preclude the Department from developing additional
criteria and standards at a future time.
SEC.5.2.1.1.2 In ZONES W-l, W-2, W--3, W-.4 and GWP, all new or
substantially modified development for which ~ite plan approval is
required under the Collier County Unified Land Development Code, shall
ensurs compliance with all applicable de:~ign criteria for recharge to
the Surficial Aquifer System as set forth in the South Florida Water
Manag.~.ment District' s Basis of Review for Stormwater Management
Systems.
SECTION 5.3 INSPECTIONS.
SEC. 5.3.1 REASONABLE. NOTICE.
To ensure compliance with the .criteria of ~this Article
and Article 4 hereof, the County may innspect the premises of a non-
certi~icated but Regulated Development, reasonably believed to be a
sourc,~- of potential ground water contamination, at reasonable times and
after reasonable notice and consent of t?e Owner/Operator.
SEC. 5.3.2 INSPECTION WARPJkNTS.
Where consent has been withheld, uhe County may apply
for and obtain an Inspection Warrant in the same manner as provided for
in Section 403.091, Florida Statutes.
SEC. 5.3.3 IDENTIFICATION.
Agents of the County shall be provided with official
identification and shall exhibit this identification prior to any
inspection.
SECTII)N 5.4 GENERAL PROHIBITIONS.
Discharges to sinkholes or other karst related features
with .a direct hydrologic connection to t'%e Surficial or Intermediate
Aquifer Systems shall be prohibited. This prohibition shall not be
intexpreted or implemented to preclude aquifer recharge or other well
inJec, tion authorized under Section 4.10 hereof.
ARTI('oI~ 6 APPROVAL OF REGUI~%TED DEVELOPMENT AND CERTIFICATES TO
OPERATE.
SECT]'.O~! 6.1 APPROVAL OF REGULATED DEVELOPMENT BY DEVELOPMENT
SERVICES OF NEW OR SUBSTANTIALLY MODIFIED REGULATED
DEVE LOPME~!T.
SEC. 6. X. 1 STANDARDS.
SEC.6.]..1.1 All new and substantially modified development
requiring site plan approval pursuant to the Collier County Land
Deve].opment as adopted, or pursuant County Ordinance
Code
to
Collier
No. ~-.2, and as may be superseded by the Collier County Unified Land
Development Code, requiring a Certificate of Occupancy, or otherwise
regu].ated under this Ordinance, shall be reviewed by the Development
S~rwi.cE;s Director at the time of preliminary or other initial site plan
approval required by such Ordinance, for compliance with the standards
of this Ordinance and in the same manner as a Certificate to Operate.
SEC. 6.1.1.2 Approval for operation and use of development regulated
pursuant to this Ordinance, which development requires compliance with
spec~.fic standards as set forth in Article 4 hereof or requires a
Cert~.ficate to Operate (but not a Certificate to Operate which is
inco].q~orated into a Wellfield Conditional Use Permit), shall be
included in and made a part of the Letter of Approval issued by the
Deve~opment Services Director.
$EC.6.].1.3 A Certificate to Operate which has been issued
pursuar, t to Sec.6.1.1.2 hereof, shall be r~,-newed by the Department
not i[ater than the one (1) year anniversary of issuance of the
Devei[opment Service's Letter of Approval as provided in Section 6.2
hereof.
SECT[ION 6.2 CERTIFICATES TO OPERATE.
SEC. 6.2.1 STANDARDS.
SEC.,~. 2.1.1 EXPIRATION.
SEC.d.2.1.1.1 Each Certificate to Operate shall be valid for no
more than one (1) year after the date of issuance and shall
automatically expire on the first anniversary date ~f issuance.
The pe~it will remain valid and in full foroe during the term of
perm:it provided that the Owner/Operator remains in compliance with
the terms and conditions of the Certificate to Operate. Revocation and
revi~i¢,n of a Certificate to Operate; is authorized pursuant to Section
8.2 of this ordinance.
SEC. 6. ~. 1.2 RENEWALS.
SEC.6.2.1.2.1 Applications for renewal of Certificates to Operate
shall be filed with the Department at least 60 days prior to expiration
and ~hall not be automatic.
SEC.6.2.1.2.2 The application for renewal[ shall be reviewed by
the Department for consistency with the applicable standards of
this Oxdinance.
SEC.6.2.1.2.3 Applications for renewal shall provide the
fol l{~w] ng:
A. All documents and documentation required for the
regulated development pursuant to Article 4, as may have
been amended on the date of application for renewal; and
30
B. Evidence of compliance with the applicable standards
of Article 4 during the term of the Certificate to
Operate; and
C. The Application shall include the appropriate fees as
provided in Article 13 hereof.
SEC. 6.2.2 PROHIBITED APPROVALS OF REGULATED DEVELOPMENT AND
CERTIFICATES TO OPERATE.
SEC. 6.2.2.1 No final approval for Regulated Development or
Certificate to Operate shall be construed or otherwise interpreted to
legalize a Regulated Development existing on the effective date of this
Ordinance, which is not in compliance with other applicable local,
stat.s or federal law or regulations. No Certificate to Operate or
othe$ approval under this ordinance shall be knowingly granted to an
existing Regulated Development which is not in compliance with all
other applicable local, state or federal law or regulations.
SECTION 6.3 INSPECTIONS.
SEC.$.3.1 By accepting the Certificate to Operate and as a
condition of the same, and by accepting a Letter of Approval which
appr.gval is based upon compliance with this Ordinance, the
Ow~e~/Operator grants express permission for the County, through an
auth:rized agent, to make inspections of the regulated development at
reasgnable times to determine compliance with this Ordinance.
SEC.6.3.2 Authorized agents of the County are hereby authorized
and empowered and shall be permitted at reasonable hours and after
reasonable notice to inspect the premises of the rsgulated development
to ensure compliance herewith.
SEC.6.3.3 Refusal to allow inspection under this Section shall
be sufficient grounds for consideration of revocation of the
Certificate to Operate or Letter of Approval which approval is
based upon compliance with this Ordinance.
SEC.6.?.4 In the event a person who has common authority over
regulated development impedes or otherwise refuses a lawful
inspection by an authorized agent of the County, the inspection
shall be rescheduled and notice shall be mailed by United States
certified mail to the address and person shown on the Certificate
to Operate or the Letter of Approval. Failure of such person to
permit the rescheduled inspection shall be sufficient grounds and
probable cause for a court of competent jurisdiction to issue an
Administrative Search Warrant for the purpose of inspection,
surveying o1' examining said premises or facilities.
SEC. 6.3.5 In the event the premises of the Regulated Development.,
its building or structure appears to be vacant or abandoned and the
property owner cannot be readily contacted in order to obtain consent
for inspection, an authorized agent of the County may enter into or
upon any open or unsecured portion of the premises in order to conduct
an inspection therefore.
SEC. 6.3.6 Authorized agents of the County shall be ~'~'ovided
with official identification and shall exhibit this identification
prior to any inspection.
SEC.6.~.7 It shall be the duty of all law enforcement officers
to assist in making inspection once such assistance is requested
by an authorized agent of the County.
SECTION 6.4 TRANSFERS.
SEC.6.4 1 Within thirty (30) days of' the sale or legal
tran3fer of a Regulated Development, the Owner/Operator of a Regulated
Development, for which a Certificate to Operate or a Wellfield
Conditional Use Permit has been granted, shall provide written notice
to '~he Department of the sale or other legal transfer. Within the same
rims period, the new property owner shall apply to the Department by
let'ter for transfer of the Certificate to Operate or Well field
Con,~itional Use Permit and agree to be bound by the terms of the
Certificate to Operate or Wellfield Conditional Use Permit unless same
may be modified as provided herein.
SEC'SION 6.5 ADMINISTRATIVE REVIEW.
Certificates to Operate shall be processed and
rev;[ewe;d, and shall be administratively approved, approved with
conditions, or denied by the County Mana~3er as provided in this
Sect-ion. Application for Certificate to Operate shall be made on
a form prepared by the County Manager.
SEC. 6.5.1. COMPLETENESS REVIEW.
SEC. 6.5.1.1 Within 30 days of receipt of a completed application,
the County Manager shall review the application for compliance with the
standards of Articles 4 and 5 hereof.
SEC. 6.5.1.2 If the Application is found not to be in compliance,
the County Manager shall advise the Owner/Operator of the noted
def:.ciencies or required information by certified mail return
rec(;ipt requested to the address listed in the application.
SEC.6.5.1.3 Within thirty (30) days of the Owner's/Operator's
rec(;ipt of the County's Notice, the Owner/Operator shall:
A. Provide the requested information or provide written
notice to the County Manager of its intent to either
furnish the requested information; or
B. Provide written notice to the County Manager of its
intent to have the application processed "as is" with
the information it ·then contains.
SEC.6.5.2 SUBSTANTIVE REVIEW.
SEC..6.5.2.1 Upon a determination by the County Manager. that the
app~Lication is complete, or upon receipt of written notice from the
fro~ the Owner/Operator that the Application should be processed
as ~[s, the County Manager shall issue a determination cf completeness
and provide a copy to the Owner/Operator by regular U. S. Mail.
SEC~6.5.2.2 Within thirty (30) days of issuance of a determination
of (:ompleteness, the County Manager shall render a written evaluation
of the application in accordance with the standards of Articles 4 and
5 hereof and render a Notice of Intent to issue or deny the
app~[ication, a copy of which shall be sent to the Owner/Operator by
regl~lar U.S. Mail.
SEC..6.5.2.3 The Owner/Operator may appeal an adverse Notice of
Int,:nt to the Board as provided in Article 10, hereof.
SEC..6.5.2.4 The Certificate to Operate will be issued or denied by
the Department within fifteen (15) days of issuance of the Notice of
Int,;nt, unless an appeal is taken Ets provided in Sec.6.5.2.3, hereof.
SEC.. 6.5.3 EXTENSION OF ADMINISTRATIVE REVIEW AND WITHDRAWAL
APPLICATION.
SEC..6.5.3.1 The County Manager may, in his sole discretion, extend
the time frame for administrative review set forth in Sec.6.5.1 and
Sec. 6.5.2 hereof for the purposes of requesting and receiving
add:~tional information necessary to complete the substantive review of
the application.
$EC..6.5 3 2 If the Owner/Operator does not provide the information
rec~ested by the County Manager or advise the County that the
application is to be processed "as is" within 45 clays of such request,
the application shall be considered withdrawal and fees paid shall be
surrendered.
SEC.6.5.3.3 The Owner/Operator may voluntarily withdraw the
application at any time prior to the issuance of the County Manager's
Notice of Intent by submitting a written notice to the County Manger
stating its intent to withdraw.
SECTION 6.6 CONTAINMENT AND CLEanUP, OPTION FOR COUNTY TO INITIATE
CONTAINMENT AND CLEANUP, REIMBURSEMENT BY
OWNER/OPERATOR
SEC.6.6.1 In the event of a discharge or an accidental release of
any Hazardous Product, Hazardous Waste from a Regulated Development or
.Contaminant from a sanitary hazard regulated under this Ordinance, th~
Own.~r/Operator shall immediately upon discovery of the discharge or
accidental release, contain the Hazardous Product, Hazardous Waste or
Contaminant, and shall initiate cleanup in accordance with approved
contingency plans and applicable law.
SEC.6.6.2 Failure of the Owner/Operator to contain the discharge
or accidental release or the failure of the Owner/Operator to initiate
cleanup of the site within 48 hours of discovery or within a shorter
amount of time as may be necessary ~o protect the public health, safety
and welfare, may result in the County initiating appropriate
containment of the discharge or accidental release and/or cleanup of
the site in accordance with applicable law.
SEC.6.6.3 In the event the County elects to exercise the option to
contain the discharge or accidental release and/or cleanup the site,
the County shall first provide written notice of this intent to the
Owner/Operator stating how the Owner/Operator has failed to comply with
this Section and providing a reasonable period of time within which the
Owner/Operator shall perform the necessary contailnment of the discharge
or accidental release and/or initiate cleanup in accordance with
applicable law or the approved contingency plan.
SEC.6.6.4 By accepting a Certificate to Operate or a Wellfield
Conditional Use Permit, and as a condition of the same, and by
accepting a Letter of Approval, which approval is based upon compliance
wi~.h this Ordinance, the Owner/Operator agrees that t~e reasonable
co~.ts expended by the County to contain the discharge or accidental
re]ea~e and/or cleanup the site shall be recoverable from ~he
Owner/Operator.
ARTICLE 7 WELLFIELD CONDITIONAL USE PERMIT.
SE(~ION 7.1 WELLFIELD CONDITIONAL USE PERMIT STANDARDS.
SEC.7.1.1 PETITION.
SEC.7.1.1.1 Owners/Operators of a proposed Regulated Development for
wh~.ch a Wellfield Conditional. Use Permit will be required ~'~o locate the
proposed Regulated Development within any ZONE, may petition the Board
for a Wellfield Conditional Use Permit exempting the development from
the prohibitions set forth in Article 4 hereof, as provided in this
Se¢:tion.
SEC.7.1.1.2 Owners/Operators shall submit the application for
We]lfield Conditional Use Permit to 'the Coun'ty Manager on forms
prepared by the Department.
SEC.7.1.2 CRITERIA.
SEC.7.1.2.1 The Owner/Operator shall demonstrate by the
pr~ponderance of substantial competent evidence that:
SEC.7.1.2.1.1 The development has or.can satisfy all requirements for
a fertificate to Operate; and
SEC.7.1.2.1.2 Special or unusual circumstances exist which are
peculi:~r to the particular development which are different than any
oth.~r regulated development; or
SEC.7.1.2.1.3 Adequate technology exists which will isolate tee
development from the Surficial and Intermediate Aquifer Systems; or
SEC.7.1.2.1.4 Site-specific hydrogeologic data provides reasonable
assurances that the existing water quality in Surficial and
Intermediate Aquifer Systems will not be degraded as a result of the
development.
SEC.7.1.3 CONDITIONS OF WELLFIELD CONDITIONAL USE PERMIT.
SEC.7.1.3.1 In granting the Wellfield Conditional Use Permit, the
Board may prescribe any additional conditions and safeguards which it
deems necessary to protect the existing well(s), future identified
well(s) or future potable water supply resources.
SEC:7.1.3.2 The Wellfield Conditional Use Permit shall incorporate
a Certificate to Operate, which must be renewed or transferred in the
same manner as any other Certificate to Operate as provided in Article
6 hereof.
SEC.7.1.4 PROHIBITED WELLFIELD CONDITIONAL USE PERMITS.
SEC.7.1.4.1 No Wellfield Conditional Use Permit may be construed or
otherm'ise interpreted to legalize a Regulated Development existing on
the effective date of this Ordinance, which is not in compliance with
applicable local, state or federal law ~r regulations. No Wellfield
Conditional Use Permit or other approval under this Ordinan--e shall be
knowingly granted to an existing Regulated Development which is not in
compliance with all other applicable local, state or federal law or
regulations.
SEC.7.1.5 ADMINISTRATIVE REVIEW OF WELLFIELD CONDITIONAL USE
PERMIT PETITION.
SEC.7.1.5.1 The County Manager shall review the Petition for
WeiSfield Conditional Use Permit for compliance with Articles 4 and 5
of '~he Ground Water Protection Ordinance in the same procedural manner
as ~or a Certificate to Operate.
SEC.7.1.5.2 If the Petition is found not to be in compliance, the
County Manager shall advise the Owner/Operator of the noted
deficiencies or required information by certified mail return r.eceipt
requested to the address listed in the Petition.
SEC.7.1.5.3 Upon a determination by the County Manager that the
Pet[tion is in compliance, or upon receipt of written not]ce from the
Petitioner that the Petition should be processed as is, the County
Man.ag.=r :~hall render a written recommendation for apprc.'al,approval
with conditions, or denial of the Wellfield Conditional Use Permit.
SEC.7.1.6 APPROVAL BY THE BOARD.
SEC. 7.1.6.1 Wellfield Conditional 'Use Pex~its which authorize
dev~l opment prohibited in the Wellfield Risk Management Special
Tre~tment Protection Overlay Zones, are subject to careful review and
sba[Il include., public notice and hearing as set forth in Article 10
her~.~o f.
SEC..7.1.6.2 All Petitions for Wellfieid Conditional Use Permits
sha],l be heard by the Board as provided in Article 10 hereof.
SEC~?ION 7.2 WELLFIELD CONDITIONAL USE PERMIT FCR PUBLIC OR
QUASI-PUBLIC DEVELOPMENT.
SEC. 7.2.1 The Board, after public hearing, may find that certain
exi:~ting or proposed public or quasi-public regulated development is
34
exempted from compliance with this ordinance and may issue a Wellfield
CondJ.tional Use Permit upon finding that:
SEC.?.2.1.1 The public benefit to be realized by tile proposed or
existing regulated development outweighs the purpose of this Ordinance;
and
SEC.7.2.1.2 The proposed or existing regulated development cannot,
i~. ' for economic or scientific reasons, be relocated elsewhere.
~'~ SEC.~'.2.2 The scope of any Wellfield Conditional Use Permit
~ granted under this Section shall be narrow to avoid derogation of the
purpose of this ordinance and the Board may impose special conditions
of a~.proval to ensure implementation of the intent of the same.
SEC.7.2.3 Petitions shall be processed, approved, approved with
conditions or denied as any other Wellfield Conditional Use as provided
in S~ction 7.1 hereof.
ARTICLE 8 MODIFICATION OF REGULATED DEVELOPMENT, REVISION OR
REVOCATION OF A CERTIFICATE TO OPEP~TE, OR A WELLFIELD
CONDITIO~[AL USE PERMIT.
SECTION 8.1 MODIFICATION OF REGULATED DEVELOPMENT.
SEC. 8.1.1 NOTIFICATION.
SEC.8.1.1.1 The Owner/Operator shall notify the County Manager in
%rrit~ng prior to any expansion, alteration or modification of a
Regulated Development for which:
SEC.8.1.1.1.i. a Certificate to Operate or a Wellfield Conditional Use
Permit has been issued; or
SEC.8.1.1.1.2. a Wellfield Exemption has been legislatively provided.
SEC.8.1.1.2 Expansion, alteration or modiiication shall include,
withcut limitation:
SEC.8.1.1.2.1 an increase in square footage, production or storage
capacity;
SEC.8.1.1.2.2 increased quantities of a Hazardous Product or Hazardous
Waste or changes in the type or nature of' a Regulated Development; and
SEC.8.1.1.2.3 any other proposed change to the Regulated Development
which may require a change, modification or alteration of the approv~.d
containment system, the maintenance procedures for the system, or in
the approved contingency plan.
SEC.8.1.2 COUNTY APPROVAL OF MODIFICATION.
SEC.8.1.2.1 The expansion, modification or alteration of a Regulated
Development shall require prior County approval. Failure to obtain
such approval as provided herein shall result in the County commencing
revocation or revision proceedings of the Certificate to Operate, the
Well~'ield Conditional Use Permit ,Dr the Wellfield Exemption for a
Regulated Development, if in the opinion of the County, such change
substantially or materially modifies, alters or affects:
SEC.~.i.2.1.1 The conditions under which the Certificate to Operate,
or tk~e Wellfield Conditional Use Permit was granted; or
SEC.~.I.2.1.2 The conditions under which the Regulated Development
qualifies for a Wellfield Exemption.
SEC.~.1.2.2 The County shall notify the Owner/Operator in writing,
within 60 days of receipt of the notic,~- of change, of the County's
intent, to revoke or revise the authorization and the grounds therefore
as provided in Sec.8.2.3 hereof.
SECTION 8.2 REVOCATION OR REVISION OF CERTIFICATE TO OPERATE,
WELLFIELD CONDITIONAL USE PERMIT OR WELLFIELD EXLMPTION.
SEC.$.2.1 NOTICE OF INTENT TO REVOKE.
SEC.8.2.1.1 No Wellfield Exemption, Wellfield Conditional Use
Permit., or Certificate to Operate for a Regulated Development shall
become vested.
SEC.8.2.1.2 The County may revoke any Wellfield Exemption, Wellfield
Conditional Use Permit, Certificate to Operate after first issuing a
Written Notice of Intent to Revoke to the Owner/Operator which states
that the Owner/Operator:
SEC.8.2.1.2.1 Has failed or refused to comply with any of the
provisions of the Ground Water Protection Ordinance; or
'SEC~8.2.1.2.2 Has submitted false or inaccurate information in the
Application or Petition which information reasonably induced the
County to issue the Certificate to Operate, or approve the Wellfield
Conditional Use Permit; or
SEC.8.2.1.2.3 Has failed to submit reports or other information
requi]:ed under Article 4 as a condition of a Certificate to Operate, or
WellfLeld Conditional Use Permit; or
SEC. 8.2.1.2.4 Has refused lawful inspection under required by this
Ordinance as a conditions of a Certificate to Operate or Wellfield
Conditional Use Permit; or
SEC.8..; 1.2.5 Has altered, modified or expanded a Regulated
Development as provided in this Article.
SEC.8.2.2 NOTICE OF INTENT TO REVISE:.
SEC.8.2.2.1 No Wellfield Exemption, Wellfield Conditional Use
Perm. i'5, or Certificate to Operate for a Regulated Develo~)ment shall be
vested.
SEC.8.2.2.2 The County may rewise any Wellfield Exemption, Wellfield
Conditional Use Permit or Certificate to Operate granted or
issued after first issuing written Notice of Inten~ to Revise which
complies with Sec.8.2.1.2 and further states that the Owner/Operator:
SEC.8.2~.2.2.1 Has been unlawfully modified, altered or expanded
a Regulated Development as provided in this Article; or
SEC.8.2.2.2.2 Has been identified by the County as resp¢~usible
for, in whole or in part, for a discharge or accidental release of
Hazardous Products or Hazardous Wastes or other Contaminant
associated with the Regulated Development; or
SEC.8.2.2.2.3 The contingency plans and/or remedial action
initiated and performed by or on behalf of the Owner/Operator were
not approved by the County or applicable State or Federal agencies
and are deemed by the same to be inadequate for the Regulated
Development.
SEC.8.2.3 FACTUAL BASIS FOR REVOCATION OR REVISION.
SEC.8.~.3.1 After being informed of or discovery of an unauthorized
discharge or accidental release of a Hazardous Product, Hazardous Waste
or Contaminant, the County shall review the Certificate to Operate, the
Wellfield Conditional Use Permit, or W~llfield Exemption for the
Regulated Development(s) associated with the discharge or accidental
release.
SEC.E;.2.3.2 In the event the County deterTuines that the
Owner/Operator has failed to comply with the terms of th~
Cert~.ficate to Operate, the Wellfield Conditional Use 'Permit or the
Wellfield Exemption, the County may elect to issue a N~tice of Intent
to R~oke or Revise such authorization to operate subject to the
prov:.sions of this Section.
SEC. ~. 2.3.3 CRITERIA.
SEC.~.2.3.3.1 In consideration of whether to revoke or revise a
Certificate to Operate or a Wellfield Conditional Use Permit, the Board
shall[ consider:
A. The intentional nature or degree of negligence, if
any, associated with the discharge or accidental
release;
B. The extent to which containment or clean up of the
Contaminant or Hazardous Product or Hazardous Waste or
its components is possible;
C. The nature, number and frequency of previous
discharges or accidental releases attributable to the
Regulated Development; and
D. The potential degree of harm to the ground water and
surrounding public potable water supply wells as a
result of the discharge or accidental release.
E. The Owner/Operator's actions in responding to this
and previous discharges or accidental releases.
SEC.8.2.3.4 NOTICE OF INTENT.
SEC.8.2.3.4.1 To initiate revocation or revision under this
section, the County shall first issue a Notice of Intent to Revoke
or Revise which shall, in addition to the applicable standards of
Sections 8.2.1 and 8.2.2, hereof contain the foil. owing
information:
A. The name and address of the Owner/Operator; and
B. A description of the Regulated Development which is
the subject of the proposed revocation or revision; and
C. The appro×tmate or, if available, actual location of
the discharge or accidental release, if any; and'
D. A concise explanation and specific reasons for the
proposed revocation or revision; and
E. The statements that:
"Failure to file a petition with the
County Manager withJ, n 20 days
after the date upon which the
Permittee receives written Notice of
the Intent to Revoke or Revise shall
render the proposed revocation or
revision final and J.n full force and
effect."
"Failure of the Owner/Operator to file a
petition in opposition to the Notice of
Intent to Revise or the Notice of Intent
to Revoke as provided in Article 10 of
this ordinance, shall render the
proposed revocation or revision final
and in full force and effect."
SEC.1~.2.3.4.2 Failure of the Owner/Operatc.r to file a petition in
oppo:~ition to the Notice of Intent to Revise or the Notice of Intent to
Revoke as provided in Article 10 of this Ordinance, shall render the
proposed revocation or revision final and in full force and effect.
SEC.~3.2.3.4.3 Nothing in this Section shall preclude or be deemed
a condition precedent to the County seekin.~ a temporary or permanent
lnJ ulnct ion.
ARTITLE 9 RESTRICTIONS ON ISSUANCE OF APPROVED SITE PLANS
AND CERTIFICATES OF OCCUPANCY.
SECTION 9.1 PROHIBITIONS.
SEC.~.i.1 No Site Plan or other development permit shall be
issued or renewed and no Certificate of Occupancy issued by the
Collier County Building Department for any Regulated Development
which would allow development, construction or change of use in
violation of the standards of this Ordinance.
SEC.9.1.2 Site Plans, other final development permits or
Certificates of Occupancy issued in violation of the prohibition of
this S(~ction are deemed to be invalid, and shall not confirm or vest
any development right or property interest on the Owner/Operator or
Regulated Development.
ARTIC~ 10. APPEALS AND PUBLIC HEARINGS.
SECTION 10.1 PUBLIC HEARINGS.
SEC.IO.i.1 Public Hearings shall be req%lired for:
SEC.iO.i.I.1 The issuance of a Wellfield Conditional Use Permit:
SEC.iO.i.I.2 An appeal from an adverse Administrative Determination
on issuance of a Certificate to Operate filed with the County Manager
within thirty (30) days of issuance of the Administrative
Determination; and
$EC.10.1.1.3 County initiated revocation or revision of a Certificate
to Ooerate, a Wellfield Conditional Use Permit or Wellfield Exemption.
SEC.10 1.2 Public Hearings shall be subject to the following
staDdards:
SEC.10.1.2.1 Appeals from adverse Administrative Determinations,
Applications for Wellfield Conditional Use Permits and County initiated
rev¢cation or revision proceeding shall be considered for approval,
app,'oval with conditions or denial by the Board as a Public Hearing
mat%er and shall be scheduled for Public Hearing in the same manner as
an ~pplication for Zoning Atlas Amendment and in accordance with
Col].ier County Ordinance No. 82-2, and as may be amended or superseded,
and when effective, the Collier County Unified Land Development Code.
SEC~'ION 10.2 NOTICE OF PUBLIC HEARING.
SEC. 10.2.1. NOTICE TO THE PUBLIC.
SEC. iO.2.1.1 Public Notice shall be given ~n the same manner as
for an~ ordinance affecting the use of land as set forth in
Section 125.01, Florida Statutes (1990), and as required for
an Application for Zoning Atlas Amendment as required in Section 2.2
her,~of and in accordance with Collier County Ordinance No. 82-2, and as
may ke amended or superseded, and when effectivE,, the Collier County
Unified Land Development Code.
38
SEC.iO.2.1.2 The unintentional failure of the Owner/Operator
seeking approval of a Wellfield Conditional Use Permit or appealing an
adverse Administrative Determination, to notify the contiguous property
owner(s) or other persons shall not be grounds for a continuance of tke
hearing, nor in any way affect any action taken at such hearing.
SEC.10.2.2 NOTICE TO OWNER/OPERATOR.
~EC.10.2.2.1 Notice of Public Hearing arising from County
initiated revocation or revision proceedings shall be served upon
the Owner/Operator by certified return receipt mail no less than
15 {!ays prior to the hearing.
SEC. 10.2.2.2 The Notice shall contain the following information:
SEC. 10.2.2.2.1 name and address of the Owner/Operator; and
SEC. 10.2.2.2.2 a description of the Regulated Development; and
SEC. 10.2.2.2.3 specific citations to the Section(s) of this Ordinance,
alloged to be the basis of the proposed revocation or revision; and
SEC. 10.2.2.2.4 the time, place and date of hearing; and
SEC.10.2.2.2.5 the following statements:
A. "Failure to attend may
result in an Order being
issued which may be
adverse to your
interest.";
B. "All parties shall be
given the opportunity to
present witnesses and
evidence in support of
their position and to
cross-examine witnesses.";
C. "Pursuant to Section
286.0105, Florida
Statutes, notice is hereby
given that appeals from
any decision of the County
Commission with respect to
any mattar considered at
the public hearing, will.
require a record of the
proceedings and may
require that a verbatim
record of the proceedings
be made."
SE(.10.2.2.2.6 The name and signature of the County Manager.
SECTION 10.3 DECISIONS BY THE BOARD.
SEf.iO.3.1 At all public hearings, the Board shall hear and
cot. sider all facts material to the Application, Petition or appeal
and shall thereafter issue a decision based upon the greater
weight of substantial competent evidence.
SEC. iO.3.2 The Board may affirm, reverse or modify the action
or proposed action of the County Manager.
SEC.10.3.3 In all cases the Board shall render a decision
wi%hin 14 working days from the date on which the hearing is
concluded which shall be the final admini~.trative action on behalf
of th~ County.
39
SEC.iO.3.4 Any person who is a party to the proceeding before
the Board may apply to a court of competent Jurisdiction for
re¥iew in accordance with applicable Florida Rules of civil
Procedure and Florida law.
S~.¢.10.3.5 There shall be no administrative review on behalf of the
County other than that review specifically provided in this Ordinance.
:, ARTICLE 11 FUTURE WELLS AND WELLFIELDS.
SE(."~ION 11.1 MAPPING.
SEC.11.1.1 The location and identification of future public potable
water supply wells and wellfields shall require:
· SEC.11.1.1.1 Amendment to zoning maps as provided in Article ~- to
show the application of the Well field Risk Management Special Treatment
Overlay Zones; and
' · SEC.~I.i.i.2 Amendment to the Wellfield Risk Management Special
Tr,~at~ent Overly Zone Maps appended hereto as Appendix A.
SEC.11.1.2 The Wellfield Risk Management Special Treatment Zones
sh.~ll become applicable and enforceable under Article 4 of this
Or,~inance upon filing of the amending ordinance with the Secretary of
State or later as may otherwise be provided by the Board.
SE,."TION 11.2 LOCATION.
SE,-". 11.2.1 Future protected public potable water supply wells shall
be located in accordance with Rule 17-555.312, Florida Administrative
C~e as may me amended.
SE,-".ll.2.2. The following guidelines should be considered in the
siting of future protected potable water supply wells and wellfields:
SE.-'.11.2.2.1. Future protected wells and wellfie.~.ds should not be
located within any area designated by the Future Land Use Map of the
Collier County Comprehensive Plan for industrial use or uses.
SEC.1!.2.2.2. Future protected wells and wellfields should be located
to F, inimize impacts on environmentally sensitive areas.
SEC.11.2.2.3. Future protected wells an'd well fields for which an
Ap])li¢:ation for Water Use or Consumptive Use Permit under Part II,
Ch~pter 376, Florida Statutes, is pending at the tfme this Ordinance is
adopted, shall not be subject to these locational guidelines.
ARTICLE 12 DEFINITIONS AND RULES OF CONSTRUC?ION.
SE~.~ION 12.1 DEFINITIONS.
SEC.12.1.1 It is the intention of the Board of County
Commissioners of Collier County, Florida, and it is hereby
provided that the following definitions be incorporated and be
made a part. of the Definition Section of the Collier County Land
De'~elopment Code; and that these sections may be renamed,
renu~oered or relettered to accomplish tha'~ intention:
"~BANDONED WELL" means a wel~ the use of which has
be~n permanently discontinued or which is in such a state of
disrepair that it cannot be used for its intende~ purpose or for
observation purposes as provided in Chapter 373, Florida
Statutes.
"ADMINISTRATIVE DETER~INATION means any final written
determination required to be issued by the County Manager in thi~
Ordinance which will become effective without Board approval.
"BOARD" means the Board of County Cor.~missioners of
Collie~r County, Florida.
"CERTIFICATE TO OPERATE" is the legal authorization,
to engage in or conduct any operation, modification, or expansion
of any regulated development within a Wellfield Risk Management
SpEcial Treatment Overlay Zone.
"CLASS 'A' RESIDUALS" means Domestic Residuals which
have been stabilized by a Process to Further Reduce Pathogens, as
listed within 40 CFR Part 257.
"CLASS 'B' RESIDUALS" means Domestic Residuals
which have been stabilized by a Process to Significantly Reduce
Pathogens, as listed within 40 CFR Part 257.
"CLASS 'C' RESIDUAI~" means Domestic Residuals
that hays been stabilized using conventional engineering design
criteria that do not necessarily meet the minimum standard~ for 40
CF~ Part 257. Domestic wastewater residual disposal requires FDER
approval.
"COLLECTION/TRANSMISSION SYSTEMS" means sewers,
pipelines, conduits, pumping stations, force mains and all other
facilities used for collection and transmission of wastewater from
individual service connections to facilities intended for the
purpose of providing treatment prior to release to the environment.
"CONTAMIHANT" means any physical, chemical,
biclogical, or radiological substance or matter in water, which is
harmful to plant, animal or human life.
"COUNTY" means the County of Collier, Florida.
"COUNTY MANAGER" means a County Manager, his
designee or any other authorized County agency designated by the
'.~ Collier County Board of County Commissioners as the authority
,~. charged with the administration and enforcement of ~:his Ordinance
~;" "CONVENTIONAL POLLUTANTS" means (1) biochemical demand
!i. [BOD]; (2) total suspended solids, non-filterable [TSS]; (3) Ph; (4)
fecal coliform; and (5) oil and grease.
. "DEPARTMENT" means the Collier County Pollution
i~.~ Con':rol Department, charged by the Board of County Commissioners
with the responsibility of administering and enforcing this
ii,. Ordinance.
~' "DISCHARGE" means, but is not limited to, any
i~. spikling, leaking, seeping, pouring, emitting, or dumping of any
Contaminant which occurs and which affects lands and the surface,
watt,rs and, ground waters of the state not regulated by Sections
~ 376. ~11-376.21, Florida Statutes.
"DOMESTIC RESIDUAL" means a solid waste which is
generated by any Domestic Wastewater Treatment Plant, septic tank,
grey,se trap or related operation, or any other such waste having
simJ.lar characteristics. Domestic Residuals may be solid, liquid, or
semi-solid waste and this includes "processed dom~stic residual" as
defined in Collier County Ordinance No. 87-79, and as may 'be amended,
but does not include the treated effluent from a wastewater treatment
plant.
"DOMESTIC WASTEWATER" means wastewater derived
principally from dwellings, business buildings, institutions, and
the like; sanitary wastewater; sewage. Where wastewater from sources
other than typical~domestic sources (e.g. industrial sources) is
comk.~ned and trea~ed with wastes from domestic sources, the
., det~rmination of whether or not the wastewater treatment plant is
.'-. designated as "domestic" shall be made by the Department considering
41
any or all of the following: sludae classification (currently in
"res~rved" status); whether wastewater have been pre-treated or contain
¢onst--ituents within 50-150%, by concentration of typical domestic
wast~w~ter, and whether the permittee, when not required provide mo£e
stringent ~r otherwise specific levels or treatment can provide
assurance cf facility compliance with Domestic Wastewater Treatment
contained in Rule 17.600 F.A.C.
"DOMESTIC WASTEWATER PLANT" means the structures,
equi])mant and solids control processes necessary to treat domestic
wasters.
"DOMESTIC WASTEWATER RESIDUAL" means the solid,
semi~olid, or liquid re~.~idue removed during the treatment of municipal
wastewater. Not included is the treated effluent or reclaimed water
from a domestic wastewater treatment plant.
"EGG WASH WASTEWATER" means wastewater generated as
a result of cleaning, sorting and preserving eggs.
"EXISTING" means a facility, building or any
cont].guous structure(s), or activity for which construction began
prior -.o adoption of this Ordinance including excavations or other
operations that may not consist of structures or buildings.
"FDER" means the Florida Department of Environmental
Regu].a~icn.
"FLORIDAN AQUIFER SYSTEM" means the Floridan Aquifer
Syst~:m in Collier County extends downward from the interbedded
doloni~ic and biogenic micritic carbonates of the upper Tampa
Suwannee Limestone/Avon Park Limestone/Ocala Group.
"GROUND WATER" means any water which may be drawn
from the ground.
"GROUND WATER PROTECTION ZONE" means that geographic
area of Collier County, Florida identified as a source of recharge of
ware:.' to the Surficial Aquifer System and does not include Zones W-i,
W-2, W-3, and W-4.
"HAZARDOUS PRODUCT" means any product which is liquid
or solid below 105'F and ambient pressure and is a "Hazardous
Chemical" as defined in Chapter 29, Code of Federal Regulations, Part
1910.1200 and material being held for recycling that would be hazardous
wast,~ if released.
"HAZARDOUS WASTE" means any waste which is a liquid or
solid below 105'F ambient pressure and is defined as a "Hazardous
Wast~" in 40 CFR Part 261.3.
"HIGH INTENSITY USE AREA" means all areas of
conc,;ntrated animal density generally associated with milking
barn~, feedlots, holding pens, travel lanes and contiguous milk
herd pasture where the permanent vegetative cover is equal to or
less than 80 percent, under average annual worst-case conditions,
as determined by the USDA Soil Conservatlve Service methods.
"HRS" means the Florida Department of Health and
Rehabilitative Services.
"INDUSTRIAL FACILITIES" means those facilities that
produc~;, treat or dispose of waste water not otherwise defined as
Dome~tic Wastewater, including the runoff and leachate from areas
that r~;ceive pollutants associated with the industrial or commercial
storage;, handling or processing.
42
"INDUSTRIAL WASTEWATER" means wastewater not otherwise
defin.~d as Domestic Wastewater, including the runoff and leachate from
areas t. hat receive pollutants associated with industrial or commercial
storage, handling or processing.
"INTERMEDIATE AQUIFER SYSTEM" means the Intermediate
Aquif.mr System in Collier County extends downward from the sandy
clayey dolomite silt zone within the top of the Hawthorne
Group./Formation to the interbedded dolomitic and biogenic micritic
carbonates of the upper Tampa Formation or lower Hawthorne
Group/Formation, where the boundary is defined on the basis of
geophysical, lithological, hydrological and geochemical signature.
"LAND APPLICATION" means the reuse of reclaimed
water or the utilization or disposal of effluent or sludge on,
above, or into the surface of the ground through spray irrigation,
land spreading, or other methods.
"LETTER OF APPROVAL" means the written approval of
a site development plan' from the Development Services Director
which, shall incorporate the review of a regulated development for
coral?]lance with this Ordinance.
"MINING" means the extraction of earth products for
sale or transport off-site including the removal of associated
material such as overburden.
"MONITORING WELL" means a strategically located well
from which ground water levels are measured and samples are
withdrawn for water quality analysis.
"ON-SITE" means on the same or geographically
contiguous 9roperty which may be divided by a public or private
right-of-way.
"ON-SITE SEWAGE DISPOSAL SYSTEM" also referred to as
system - any domestic sewage treatment and disposal facility, including
standard subsurface systems, graywater systems, laundry wastewater
system~, alternative systems or experimental systems, installed or
proposad to be installed on land of the owner or on other land to which
the owner or owners have the legal right to install a system.
"OTHER POLLUTANTS" means substances not listed as Toxic
Pollutants of Conventional Pollutants and include without limitation,
ammonia; chemical oxygen demand [COD], fluoride, iron, nitrogen,
phos~,horus and surfactant.
"OWNER/OPERATOR" means any person owning and
opera,ting a Regulated Development where these parties are the same, and
means Ooth the person owning the Regulated Development and the person
operating the Regulated Development where these parties are not the
same.
"PERSON" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial
entity, municipality, commission, political subdivision of the
State of Florida or State of Florida.
"PETROLEUM PRODUCT FACILITY" means any facility
which processes, stores, handles or transports petroleum product,
but ~hall ex=lude transport of petroleum product by motor vehicle.
"PETROLEUM PRODUCT" means any commodity made from
oil or gas and includes refined crude oil, crud tops, topped crude,
proc~ssed crude petroleum, residue from crude petroleum, cracking
stock, uncracked fuel oil, fuel oil, treated crude oil, residuum,
gas oil, casinghead gasoline, natural gas gasoline, naphtha,
dist~tllate, condensate, gasoline, waste oil, kerosene, benzine,
wash oil, blended gasoline, lubricating oil, blends or mixtures of
43
oil m'ith one or more liquid products or byproducts derived from oil
or ga.s, whether hereinabove enumerated or not.
"PUBLIC UTILITY" means any ~.rivately-owned,
municipally-owned, County-owned, special district-owned, or State-
owned system providing water or wastewater service to the public
which has at least fifteen (15) service connections or regularly
serves an average of at least twenty-five (25) individuals daily
for at least sixty (60) days year.
of
the
"RECLAIMED WATER" means water that has received at
least secondary treatment and is reused after flowing out of any
wast,~water treatment plant or other works used for treating,
stabilizing, or holding wastes.
"RELEASE" means any spilling, leaking, pumping,
emits:lng, emptying, discharging, injecting, escaping, leaching,
dump[n¢~, or disposing into the environment including the abandonment
or discarding of barrels, containers, and other closed receptacles
containing any regulated substance or other contaminant.
"REGULATED DEVELOPMENT" OR "WELLFIELD REGULATED
DEVELOPMENT" means the land uses and activities identified in this
ordiaance as potential sources of ground water contamination or
sanitary hazards in Collier County, Florida.
"SITE" means the area within an installation's
property boundary where effluent are released or applied to the
ground water.
"SLUDGE" means a solid waste, pollution control
residual which is generated by any industrial or Domestic
Wastswater Treatment Plant, air pollution control facility, septic
tank, grease trap, portable toilet or related operation, or any
other such waste having similar characteristics. Sludge may be
solid, liquid, or semisolid waste, but does not include the treated
effl'~ent from a wastewater treatment plant.
"SOLID WASTE" includes garbage, refuse, yard trash,
clean debris, white goods, special waste, ashes, or other discarded
material, including solid, liquid, semi-solid, or contained gaseous
material resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations.
"SOLID WASTE DISPOSAL FACILITY" means a facility
'designed and utilized for th,~ disposal of sludge from wastewater
trea'tm.~nt works, water supply treatment plants, or air pollution
control facilities or garbage, rubbish, refuse, or other discarded
material, including solid, liquid, semisolid or contained gaseous
material resulting from domestic, industrial, c~mmercial, mining,
agricultural or governmental operations.
"SOLID WASTE TRANSFER STATION" means a site the
prim.~r~ purpose of which is to store or hold sol~d waste for
transport to a processing or disposal facility. It does not
incl',~da green boxes, compactor un~ts, permanent dumpsters,
recy.~ling collection stations and other container~ from which such
wastes are transported to a landfill or other solid waste
mana.~ement facility.
"SOLID WASTE BULK CONTAINER" means an~ watertight,
portable non-absorbent container equipped with a watertight lid or
cover and approved by the Board which is used to store two (2) or
more cubic yards of solid waste emptied by mechanical means.
"SOLID WASTE STORAGE, COLLECTION AND RECYCLING
STATION" means a site the purpose of which is to collect and
segregate those materials designated by the County by resolution
establishing a County program for recycling.
44
"SOLID WASTE STANDARD CONTAINER" means a watertight
container made of non-absorbent material provided with closely
fitting water tight cover, with handles and of thirty-two (32)
gallons or less gross capacity, or a sealed plastic bag of adequate
strength to contain the waste materials therein. This definition
shall not preclude the use of large containers for purpose of
autcmated or semi-automated services.
"SFWMD" means the South Florida Water Management
District.
"SUBSURFACE EXPLORATION" means the drilling, coring,
digging, boring, blasting or other excavation of material below the
surface of the land.
"SURFACE WATER MANAGEMENT SYSTEM" means the
collection of facilities, improvements, or natural systems whereby
surface waters are collected, controlled, conveyed, impounded, or
obstructed. The term includes stormwater management systems, dams,
impcundments, reservoirs, appurtenant works, and works as defined
in subsections 373.403(1)-(5), F.S.
"SURFICIAL AQUIFER SYSTEM" means the Surficial
Ac~ifer System in Collier County includes the unconfined shallow
water table aquifer and the deeper, semi-confined lower Tamiami
A~ifer. The Surficial Aquifer System extends from the land
surface to a depth defined by the sandy, clayey dolomite silt
defined on as the basis of geophysical, lithological, hydrological
and geochemical signatures within the top of the Hawthorn
Group/Formation.
"TOXIC POLLUTANTS" means those pollutants listed in 40
CFR Part 401.15.
"WASTEWATER" means the combination of liquid and
water-carried pollutants from residences, commercial buildings,
ind~st'cial plants, and institutions together with any groundwater,
su:r~ace runoff or leachate that may be present. [17-600.200]
"WATER QUALITY STANDARDS" means standards comprised
of de~ignated most beneficial uses (classification of waters), the
num~:rical and narrative criteria applied to the specific water use
or classification, the Florida anti-degradation policy, and the
moderating provisions contained in Chapters 17-3 and 17-4, F.A.C.
"WATER RESOURCE RELATED WELL" means any we!l, the
pur~,ose of which is to augment or improve the water quality of the
receiving ground waters through aquifer storage or artifizial
rec~.arge of ground water.
"WELL" means a bored, drilled, or driven shaft, or dug
well which has a depth greater than the diameter of the largest
surtace dimension.
"WELL CASING" means a metallic or non-metallic pipe
insialled in a borehole to prevent caving, provide structural
strength, seal-off zones of poor water quality, or prevent the
interchange of waters between aquifers.
"WELLFIELD" shall mean an area of land whiCh
contains one or more than one well for obtaining water.
"WELL CONSTRUCTION" means all parts and acts
nec{~ssary to obtain ground water by wells, including the location
and excavation, but excluding the installation of pumps and pumping
eguLpment.
"WELLFIELD CONDITIONAL USE" means any use of land
which may be conditionally allowed in a particular Wellfield Risk
Management Special Treatment Overlay Zone, see Article 7 of this
Ordinance.
"WELLFIELD EXEMPTION" means authorization
for specific Regulated Development to operate without a Certificate
to Operate and for which compliance with the standards of Article
4 of this Ordinance are not required, but conformance with the other
term,s and conditions of this Ordinance shall be required.
"WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY
ZONE" means a specific zone or zones as defined on Wellfield Risk
Man~Lgement Special treatment Overlay Zone Maps, delineated by
specific time travel contours, identified for special treatment and
bas(~d on the rate of movement of ground waters in the vicinity of
publ. ic water supply wells with a specified pumping rate.
"WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT O~?ERLAY
ZONE MAPS" shall mean a series of maps, aerials, and/or mylar or
other material showing the location on the ground of the outer
limits of the Wellfield Management Zone(s) for present and future
., pubi[ic notable water supply wells and wellfields permitted for the
>~. withdrawal of one hundred thousand gallons per day or more of
ground water.
"EPA" or "USEPA" means the United States Environmental
~' Pro'~ection Agency.
SECTION 12.2 RULES OF CONSTRUCTION. For the purposes of
ad~tnistration and enforcement of this Ordinance, unless otherwise
state~ in this Ordinance, the following rules of construction shall
apply to the text of this Ordinance:
~'~ A. In case of any difference of meaning or implication
!i.. · between the text of this Ordinance and any caption,
~ iljustration, summary table, or iljustrative table, the
text shall control.
B. The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
C. Words used in the present tense shall include the
future;and words used in the singular manner shall
include the plural, and the plural ~he sinq,~lar, unless
the context clearly indicated the contrary.
D. Unless the context clearly indicates to the contrary,
where a regulation involves two (2) or more items,
conditions, provisions, or events connected by a
~ conjunction "and", "or", "either ...or", the conjunction
· ~ shall be interpreted as follows:
1. "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply
singularly and in any combination.
3. "Either... or" indicates that the connecte~
items, conditions, provisions or events shall
ap~.ly singularly, but not in combination.
46
ART£C]~E 13 FEES AND ADMINISTRATIVE SURCHARGE.
SECTION 13.1 FEES.
SEC.1B.i.1 The Board shall establish, by resolution, an
application fee for Certificates to Operate and Wellfield Conditional
Use Permits to cover the cost of the County's administration and
implementation regulations and prohibitions of this Ordinance.
SEC.13.1.2 It is the intent of this ordinance that the cost of
implementation be borne wholly by the Regulated Development.
SECTION 13~2 ADMINISTRATIVE SURCHARGE.
SEC.13.2.1 The Boars may, by resolution, impose a surcharge on:
SEC.13.2.1.1 revisions and modifications of Certificates to
Operate and Wellfield Conditional Use Permits; and
SEC.13.2.1.2 appeals ~rom adverse Administrative Determinations.
SEC.13.2.2 The surcharge shall include a fee for the purpose of
administering this Ordinance including, without limitations,
professional staff time in processing and ~evising the application,
petition or appeal and reasonable costs. It is the intent of this
Ordinance that such costs are wholly borne by the Regulated
Development.
SECTION 13.3 FEE SCHEDULE
The fee schedule for applications for Certificates of
Operate, petitions for Wellfield Conditional Use Permits, appeals from
adverse Administrative Determinations, and revisions and modifications
to any of the same, shall be posted in the Office of the County
Manager, the Department and shall be on file with the Clerk to the
ART£C[~ 14 ADMINISTraTIVE PROCEDURES.
SECTION 14.1 PROMULGATION OF ADMINISTRATIVE PROCEDURES.
The County Manager shall promulgate and bring for
ado]~tion by the Board, Administrative Procedures to implement this
Ordinance within one year of the effective date of this Ordinance.
ART~[CLE 15 VIOI2%TIONS, PENALTIES AND REMEDIES.
SEC~?ION 15.1 VIOLATIONS.
It shall be a violation of this Ordinance to fail to
obtuin any permit required- herein or without a permit, or other
appropriate authorization as may be required here in, to conduct,
' comnence or maintain any use or activity prohibited or regulated by
this Ordinance. Each violation shall constitute a separate offense.
SECTION 15.2 PENALTIES
Violations of this Ordinance may be referred by the
County Manager to the County's Code Enforcement Board for enforcement
action in accordance with Chapter 162, Florida Statutes, and Collier
County Ordinance No. 88-89, and as may be amended.
SEC~ION 15.3 REMEDIES.
Nothing herein shall preclude the County from seeking
all o'=her remedies available under general law, including without
lima.tat ion:
47
mmm mm mm
- To County: The County Manager
m ' Collier County Government Center
3301 East Tamiami Trail
':" Naples, Florida 33962
To A:.~plicant / Pet it ioner: Applicant/Petitioner
at the Address listed in
~ the Appl:ication.
ARTICLE 17 LIBERAL CONSTRUCTION AND SEVERABILITY.
SECT[ON 17.1 LIBERAL CONSTRUCTION.
The provisions of this Ordinance shall be liberally
cons'crued to effectively carry out its purposes in the interest of
public health, safety, welfare and convenience.
SECTZON 17.2 CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any
other ordinance of Collier County or other applicable law, the more
rest:~ictive shall apply. If any phase or portion of the Ordinance
is held invalid or unconstitutional by any court of competent
Juri~dkction, such portion shall be deemed a separate, distinct and
indeI~enden~ provision and such holding shall not affect the
validity of the remaining portion.
ARTICLE 18 EFFECTIVE DATE.
This Ordinance shall become effective on
, 1991 and after receipt of notice that it has
been f~led with the Secretary of State of the State of Florida.
ATT].]ST..:.,; !~: ~ BOARD OF COUNTY COMMISSIONERS
· ~J ,A~S 'C. dI~Es, Clerk COLLIER COUNTY, FLORIDA
'}'F De p~W~-Clerk BY: ~
PATRICIA ANNE GOODNI.-G~I
, ~.- Chairman
'Appro'~*ed, .a~. :to form and
48
APPENDIX A
WELLFIELD PROTECTION ZONE MAPS
Iljustrating the Locations of
WELLFIELD RISK MANAGEMENT SPECIAL TR~IATMENT OVERLAY ZONES
Established by the
"THREE DIMENSIONAL SIMULATION OF WELLFIELD PROTECTION AREAS
IN COLLIER COUNTY, FLORIDA" (Voorhees and Mades, 1989)
i'(~i Ini'.ial reference to "Appendix A" can be found in SEC. 2.1.2.3,
ii.j on page 7 of this ordinance.
.~.i The pages that compris,·- Appendix A, as attached, are xerox copies
i:~ · of portions of United ~tates Geological Survey Quadrangle Maps on
~ which the boundaries of the Wellfield Risk Management Zones are
pkotted. The wellfields are arranged in the order of mention in
SEC. 2.1.2.1.6., on page 5 of this Ordinance.
EXP]~%NATION OF MAPS:
1. Due to the location of some wellfields relative to map
boundaries, there may be multiple Plates required to iljustrate
'the particular wellfie!d.
2. Major roads are not(~d on the maps as initial points of
reference.
3. ZONE W-1 is the land area encompassed by the innermost closed
lin~ around each wellfleld.
4. ZONE W-2 is the land area situated between t~e innermost
~... closed line around each wellfield and the next closest closed
'.! line around the wellfield.
5. ZONE W-3 is the land area situated between th~ closed line
surrounding W-2, as defined above, and the third closed line from
the well field.
6, ZONE W-4 is the land area situated between the ouhermost
c].osed line surrounding the wellfield and the next adjacent
closed line that defines the outermost boundary of W-3.
IIBI
INDEX TO APPENDIX A
Thl~ ~F,¢lex [nclu,Jes tt~e name of the wellfleid and t~e UnLte~
EVERGLADES CITY WELLFIELD
Ochooee, Florida
FLORIDA CITIES (AVATAR) ~ELLFIELD Belle Meade NW, Florida
NORTIt NAPLES UTELITIES (QUAIL CREEK) WELL. FIELD Corkscrew 5W, Florida
EAST GOLDEN GATE WELLFIELD
Plate 1 -- Corkscrew SE, Florida
Plate 2 -- Belle Meade NE, Florida
rDASTAL RIC, GE (GOODLETTE ROAD) WELLFIELD Naples North, Florida
COLLIER COUNTY LITILITIES WELLFIELD
~ii Plate 1 -- Corkscrew SW, Florida
· PlJt~ 2 -- Belle Meade NW. Flo~-ida
?,, Plnte & -- Belle Meade NE, Florid~
,~ . GLADES WELLFIELD
" Plate 1 -- Naples Nomth, Flo,-ida
Pla~e 2 -- Belie meade NW, Flomida
IMMOtxALEE WATER AND SEWER DISTRICT WELLFIELD$ Immokslee, Flomida'
PELICAN BAY WELLFIELD
Pla~e 1 -- Bonita Springs, Flomida
Plate 2 -- Comkscrew S~, Florid~
PORT OF THE ISLANDS WELLFIEL0
~eavems Station, Ploridm
SCALE I 240(K) RCAD CLASSIFICATION
........................ o ..... , .... ,,0o, r'.50~,~: 5Z o,.,.,,,.,.,-,, o~,..o.,, o,,.,.,-
/V
.~ OCHOPEE, FLA.
EVERGLADES CITY
Golden Gate Park~oy :... . .::
I' "
Interstate 75 o ....
i
5 4 .~ 2
o .,' ~ ~ -
. ~.'...~,..' (~ " ~-
: .-.~ ~ 0~'/ ? '-~
'" ": ~? "i:: ....
~;; ....
~L~ i:~ ......
~ B~LLE M~D~ NW. FLA.
~;, · · FLORID~ CITIES ~l'"~
-:-,~'~.,~'-.',~---'----r:.' - ~.-,~, _. ._ _~_~::-~ - --_---j-~~,..
--{-: -::-~ ' _ .__ -_ . ? _-
_--: :-.,,,~- - _ . - _-_ _ j~ ~ ~ , ~_ ·
~,- ~.,r ,.~ :,,~ -.~.~,,: .o.,. '" ,.,s ~ m~,~s ~*. ~,~ ~ ~ s*~ CORKSCRE'g SE. FLA.
EAST GOLP~N GATE
(PlOt6 1)
~? : BELLE MEADE HE QUADRAHC}LE
FLORIDA-COLLIER CO.
~. z~ L 7.5 MlrlU~'6, SERIE$.(TOP~APHiC}
~ ~.? ~ .::-:
2nd Av~
~ ~i'? ~' ""~ ........ ' '-~': '
';:.'i:;, ~:'tt~-- ' ~ -'-'
.-. , .... :..-~:~.:~
, ~ BELLE MEADE N~ F~.
EAST G0~EN GATE
Pln'e Ridge Rd
"~' ' '--- ~-'--'-~ ~ ' ' :- '~' - - - '--_/ /::~
:Z- I kalee Rd -- ~ ·
'... .~ ~ ._.
' ~ ' ~ '" ' ~-' - - ' ~ - ==-~-~ K :
I
-- ~ ~_-' :~:
~t ~ :. - ...... . ....k .-_
- ~:. :4~:-~ ~ ~.::~:_. -:~:9:;_ . :~~~:~:,:::: ::::::::::::: :::: ~" ~.~.::~.:: :
'-_:. i111~. :::~:x: ! '~-_-- z'_:::~:::. --:>:- :--_-:- -:-:-. ~:- '_:~_-':~-: --:_
'~ ~ ~ ~ST~ ~ M 19~ ~ I~te~*tat~ R~te ~ U [ Route 0 ~lle
COLLIER COUfl~ UTILITIES CORKSCREW
.~ (Plate 1)
.. *1
Golden Gote Blvd
· 11'.
Whl te IHvd
::: .~ '" ~. - .
24
'~ ...... ~i~ ~"
SCALE 1:240(X) ROAD CLASStFICATION
COLLIER COUNTY UTILITIES (Plote 2)
· 1- I :-: :i'~ t :-' - ,/....- . i ' :-: ,, II. .--~'- ~o -.:.-..'~'
/I.. -::~ ~1 I ~ k" 'O~on~ ~ee '.-. - - _ II ' -~=' " -
//--..-.~, t ~,.--~,./'Sulxllvlslon : C, 11 - .- '
Ii ./ '- i I~ ~ · ~ _ r. X~ II ' ____-- ..
I::'::~~d..~:~~:- ~1:': ~-~-'1--I '~-~::-~:-I::' ~:~--~g :'~
-" .... -- ¢}
:2- ; <:--7- ~: F_ -:-:. - ['-'-'--~ -~ -'-"_
:-[ ~ :: ~ -'_'-_- : ~-.~ --..~ -~ ~- .- ~-. .. : ~-.--~---~ ~- .
++~ Ma~. ~it~. and ~li~ ~ ~ G~I Su~ ~ ~" ~
1o.~ ~ ~m ~ F~ ~-~-aa ~ ~ ~ CO.OUR I~,~ s rE~ CORKSCREW SE, F~.
T, ~ ~. 27 ~ ~ ~ omo ~o I~Y~ .~.~ ~ ~ ~ ~ m~ ~ ~ ~ ~ ~OTO~SED 1973
COLLIER COUNTY UTILITIES
(Plote 3)
UNITED STATE8
DI".'PARTMENT OF THE INTERIOR
GEOLOQiCAL SURVEY
-'.";'F::;":.'!';':':'~
. ' . . .'.!...; '.
· :'l..-:~.'-:"i :.
· [ -'1 --'.'~'~.. ': .
"-
'.° .'.. I '.'l ·
- A- j Golden Gate Blvd
-.-! .'. ': ~,'
· I---::~-.
::.--" '! .'::.I ' :' ·
· '. -: ~ i
-; IS;-'..
..... ' -- '1-' '-*: .-
. '~ - '! - -; ':
':.-.'.~- -'-> . i.-: ~ '-. i
:.- '..~ ' ~'- '~"-'i
L-.-/~- .;~. i-.
"' I "'-'.[- .
-..-:--~_: :, .~.-~' ... , ..
::i- :.'-: -
' '-' ;' 2-~-. .... -'
~s:._::_~....':..;_~._? '"' '.'.': ,,, -.: ;. -.. -?
-~-~--------_'----~'.-'-' ~..-'-. '-.-'-*_'- -':------.' '-~ -'2 ~.' . -, . ' - -'-_-"-~ ' - ~' '- .... ," '
?' '"' '~'-'~'-L~--"-',--" -'' ~-'o--'-'-~ '-- C- ~: -' '?"'~*'' ~' : )~-" '
~._~.::."_'-~-~-'~-----'-C-.------'--~o.--'-:"..'7..~'-~'-'-°~t :--- ._-~- -':'..;-,.--';T ' -': .--
..... : -- -- ~------' "~J'" u,~,~.o,~ ~,~ ......... '
COLLIEr ¢OUHTY UTILITIES (Plate ~)
Golden Gate Park~ay
i:,.. ~' -. -F
~ ~ Interstate 75
~ ,
"~ 4~'30"
I~OXO CLASSIFIcATIoN
1:24000 Prt,~a~ h~y. L~t4u~ mid. hl~ ~
~ Intl~tite R~tl ~U. S. R~e 0 5'Jte
BELLE M~D~ NW, ~1
G~ES
(Plote 21
,, :i1
I
! I ~.1 ROAD CLASSIFICATION
~ . ~t~ .....
CONTOUR INIERVAL S rrtl --
Z~O~LEE NATER AHD SENER ]MMO~C~E, ~.
27/
~,,
i 36
-- · I~ ~P ~nd*~ hil~w~y'
~TUM IS a~ ~ a WATER glflllrlllll R~Ie ~U S. Route OStale R~le
PELICAH BAY
(Plate ~)
h~rd tu~Ke -~ UMm~ ~Oid
2~1~TF~24
PELICAN BAY
(Plote 2)
', /
ROAD C~SSI[ICATION
WEAVERS STATION
ISLES
iTA.TE OF FLORIDA
~.,? C0~NTY OF coLLIER )
I JAMES C GILES, Clerk of Courts in and for the
' ~ Twentieth Judicial Circuit, Collier County, Florida, do
':.i hereby certify that the foregoi~g is a true copy of:
Ordinance No. 91-103
'~' which was adopted by the Board of County Commissioners on
the 6th day of November, 1991, during Special Session.
· ' WITNESS my hand and the official seal of the Board of
y Commissioners of Collier County, Florida, this 12th
:day of November, 1991.
Clerk of Courts and Cler~"..' ...... '" ";.
: Ex-officio ~o Board of ." ·
Oounty 0omm~ssione=s
v : -- D~put~ Clerk