Ordinance 74-20ORDINANCE NO. 74,20
AN ORDINANCE PROHIBITING THE INSTALLATION,
ALTERATION OR REPLACEMENT OF ANY WELL OR
WELL PUMP WITHOUT A PERMIT, PROVIDING CRI-
TERIA, PROVIDING CONFLICT, SEVERANCE AND
PENALTY CLAUSES, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
Section One:
1. Well Installation Unlawful - It shall be unlawful for
any person, firm, partnership, corporation, association or
other entity to cause the construction, sinking, drilling, in-
stallation or replacement of a well or well pump or to abandon
or permanetly discontinue the use of any well within Collier
County, Florida without first obtaining a permit to so do from
the County Engineer of Collier County, Florida.
2. Application - An application for a "Well Permit" shall
be accompanied by a non-returnable fee of Ten Dollars ($10.00)
and shall be upon forms furnished by the County Engineer.
Such forms may include, but not be limited to the information
detailed below in addition to the factors listed by Paragraph
3 below:
a. Date, Name, Signature, Local and Principal Headquarters
Address of the applicant.
b. Location of well, source of water, proposed maximum
capacity of installation in gallons per minute, quantity of
water to be consumptively used by months of the year, maximum
quantity of water to be pumped during any day, nature and
location of use to be made of the water, if for irrigation or
sprinkling purposes the type vegetation and total acres of water
application.
c. Name address and license number of the well contractor.
3. Criteria - The County Engineer and Water Management Boaq~
shall review the application and formulate a recommendation to
the Board of County Commissioners based upon the following factJ~rs;
a. Geological and hydrological characteristics of the un~e~-~
lying areas and aquifers.
b. Character of subsoil formation, and depth, and quali~7-
of ground water.
c. Density of population, estimated demands for water and
depletion rate of ground water resources.
d. Sources of Ground water pollution and such other factors
as are relevant to the protection of ground water resour~es_
4. Advertised Public Hearin~ - On its own motion c~=~p~m -TI
request of the County 'Engineer the Water Management Boa~s~ll -
in a Public Hearing consider the recommendations of th~up~gy
Engineer and such information as provided by the applicon_
such hearing and formulate its recommendation to the Bo~
County Commissioners. Such Public }{earing may be subJe~t~O~
days advertised notice.
5. Issue of Permit
a. The Board of County Commissioners shall in a~regular
Public Meeting approve or disapprove the application in
whole or in part based upon the above information. The
County Engineer shall be authorized to issue a permit as
approved by the Board of County Commissioners.
b. The County Engineer may, based upon the above and
related Criteria and factors, issue Well Permits for
Agricultural use and any Well of a two inch (2") or lessor
diameter without Board approval.
Section Two:
1. In the event any portion of this Ordinance conflicts
with any other portion or other law the more restrictive
shall apply. This Ordinance shall be liberally construed to
carry out the purposes hereof. If any portion of this
Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional or unconstitional as
applied. ~he unconstitutional word or words shall be severed
and the'remainder shall be liberally construed to carry out
the intent of this Ordinance as curative in nature to best
serve the public health, safety and welfare.
2. Penalties and Enforcement - Any person, firm or corporation
who violates any secti'on 6f this Ordinance shall be prosecuted
and punished as provided by Chapter 125.69 of the Florida Statutes.
Thc Board of County Commissioners~ the County Engineer, or any
aggrieved or interested person may bring suit to restrain, enjoin
or otherwise prevent the violation of this Ordinance in the
Circuit Court of Collier County. The County Manager is vested
with the authority to administer and enforce the provisions of
this Ordinance and is authorized and directed to take any action
to insure compliance with, or prevent vi61ation of the provisions
of this Ordinance, and he shall have authority to issue ad-
ministrative stay orders.
3. Effective Date - Be it declared that an emergency exists
and the immediate enactment of this Ordinance is necessary, there-
fore, notice requirements are waived and this Ordinance shall
take effect immediately upon its placement in the United States
Mail to the Secretary of State.
ATTEST: Margaret T. Scott,
Clerk
.',",'~t!' ,~j., Depu~ Clerk
BOARD OF COUNTY COMMIS_e,IONERS
Cl±ft~Sffd Wenzei, Cl~±rman
Approved as to form and Legality:
'"David Emerson B=uner
County Attorney
Adopted and passed as an emergency Ordinance this 20th day of
June 1974, and Original and duplicate mailed to the Secretary
of State, Certified Mail No. ..~~ .. on this 20th day of
June 1974.
Margaret T. Scott, Clerk
~Oeputy Clerk