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BCC Minutes 02/03/1987 W ~... -. -. - - - - - Naples, Florida, February 3, 1987 LET IT BE REMF.M~~QED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 1:30 P.M. in WORKSHOP SESSION in Building "F" of the Courthouse Complex, East Naples, Flor~da, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHh_RMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight (Absent) ALSO PRESENT: Maureen Kenyon, Deputy Clerk; Donald B. Lusk, ." County Manager; Dave Pettrow, Community Development Administrator; Bill Lorenz, Environmental Science and Pollution Control Director; and John Boldt, Water Management Director. AGENDA Discussion regarding Groundwater Protection Program DISCUSSION REGARDING GROUNDWATER PROTECTION PROGRAM Community Development Administrator Pettrow stated that due to the Growth Management Act, it is necessary to have this workshop. He stated that certain land development regulations and standards are included with this plan as well as groundwater and wellfield protec- tion tools to prevent pollution. He stated that what is being pre- Page 1 &OOK j 01 P~f,¡: 329 . ."., ..,.....,,..~'._-~.,.._."'.....,,.",''',,... ..... . ~ ..... &DOK 101PAf.r3'30 February 3, 1987 sented this date is a staff report that brings forth an initial recommendation with fur~her workshops to come. Environmental Science and Pollution Control Director Lorenz stated that the Growth Management Act requi 'S land development regulations to protect potable wellfields and the County has to develop goals, objectives and policies to regulate land use and development to pro- tect the functions of the groundwater aquifer recharge areas. He stated that this will be developed concurrently with the comprehensive planning process. He stated that land development regulations in terms of hazardous material areas has to be addressed. He indicated that at the present time there are 13 documented cases of groundwater contamination in Collier County, adding that the majority of these are from leaking underground storage tanks. He stated that the County has done an assessment that indicates that there are over 1200 potential generators of hazardous waste, adding that the DER indicates that .. . there are approximately 800-1,000 petroleum storage tanks that are located in the County. He stated that the Pollution Control Department has handlp.d 44 hazardous material complaints out of about 200 pollution complaints since June 1, 1985. He noted that SFWMD has done a good job in their water resource assessment report, but they do not have adequate data to define the zones of influence which is what is needed. He stated that the Comprehensive Plan should include all these policies in developing an effective wellfield protection program. He stated that a total groundwater protection program has an Page 2 ¡, , '. / :ý. , - - - February 3, 1987 ultimate goal which i9 to prevent contamination of groundwater and for the purposes of developing this program, groundwater protection is looked at as well as wellfield protection. He stated that to accomplish these objectives a host of program elements is needed like regulatory programs, operational programs, continued planning, and educational programs. Mr. Lorenz stated that with regards to the program elements, the regulatory end would be a wellfield protection ordinance, which would identify areas of regulation around wellfields. He stated that there is also permitting programs needed for hazardous ~aterials at the sewage treatment plants and the sludge disposal sites. He stated that there is also good and fast enforcement needed like a code compliance board. He ind!cat~d that with regards to operational 'programs, there needs to be some type of an emergency response capability initiated. He noted that inspections would have to be performed of all facilities that are under permit and also do groundwater sampling and monitoring. He stated that the planning element is also important, adding that the data that is being gathered would have to be fine tuned for the total program. He reported that the wellfield protection ordinance would have to be updated as more and more data is obtained. He stated that there is also public awareness and public support that is needed. He stated that with regards to a wellfield protection ordinance, they can be quite extensive with regards to regulatory impact on land develop- ment and also the time and expertise that is needed to develop the Page 3 m~ Wl"l'n~)1 ú.. M.__"'T &ODK 101ml:3'32 -n', February 3, 1987 ordinance. He referred to an overhead map indicating the restrictive areas where hazardous materials w~uld not be allowed and the less restrictive areas where those substances could exist but would have striqt performance requirements. He noted that there could also be another area that would be 1eas~ res, :ctive and have minimum perfor- mance standards with good housekeeping measures being stressed and would have the largest degree of coverage also. He stated that the actual boundaries would be done by computer modeling. He reported that the wellfield protection ordinance is the lead item that is being recommended for development which would require a consultant to per- form the modeling. He stated that there are certain benefits for pre- venting groundwater contamination, but those benefits also require some costs to be incurred to develop a total protection program. He stated that the cost of the consultant will be approximately $75-100,000; a program coordinator would have to be hired; annual recurring cos~s would also have to be considered fo~personnel and operating expenses; and initial capital outlay. He stated that the personnel represents 11 people. He stated that the possible funding sources are the General Fund, the Water Pollution Fund, the Growth Management Fund, water surcharge on water bills, application fees and grants. He noted that the Water Pollution Fund was set up by a referendum in 1984 but it only identifies the use of the monies for sewage and sludge programs and in order to use this money this funding source would have to be broadend by going back to the voters with Page 4 .f. -..;0/, - - ... February 3, 19B7 ðnother referendum. He stated that all the costs in the funding sour- ces contained in the report ðre estimated, which would have to be fine tuned es the program is developed. He stated that they would be reviewing plans and specifications and would be similar to the Building Depertment, edding that his proposal would be to set up a code of regulations for facilities Ijke sewage treatment plants, underground storege tanks. He noted ·.~t for underground storage tanks there would be monitoring feci¡ities and inspection fecilities as well as following through with facilities thet are having problems. He noted that there would be requirements for abandonment of storage tanks. In answer to Commissioner Hasse, Mr. Lorenz steted that with ." regards to monitoring single-family wells, this is part of the deci- sions that are going to have to be made through the development pro- cess for wellfield protection ordinances, adding that this is a possibili ty. Mr. Lorenz stated that he is recommending that a hydrologist be hired as the coordinator for the program and then next year another one or two other personnel would be phased in. He stated that with regards to revenues, a funding program would be needed to get the program started other than the Water Pollution Fund. He noted that fees could be charged as a result of a permit fee for an underground storage tank on an annual basis, a permit fee for a business that handles hazardous materials, adding that if there were not fees Page 5 &OOK 101 PAr.I: 3'33' : ¡, , 1\ ù," ....-----_.~ I: ~;} ¡ii;¡"" I. "" 10t..,,334 ~; February 3, 1987 ::-~~ ~. charged, the only other way would be through taxes. Mr. Lorenz stated that if this program is not developed, the County would not be in compliance with the Growth Management Act and in order for the County to have land regulations that are technical and legally defensible, a consultant is needed for this. He stated that he would also be relying on DER to protect County groundwater resources through the State's progra ", if there were no County program. He noted that in developing sewage and sludge disposal programs, they are still groundwater protection programs and it would be his recommendation that a very good program be established that looks at groundwater in terms of providing minimal protection for all the groundwater and special protection for the sensitive areas that are identified through the wellfield protection ordinance. He stated that if it is determined that the program is to be developed, it has to mesh with the Growth Management Act. He indicated that there is a .. . lot of material in the report that everyohe needs to read and there is a lot of impacts to developing the programs and he would recommend that a total groundwater protection strategy be established, and planning regulatory operational educational elements should be designed to protect we11fie1ds and all groundwater resources to the degree that there are different sensitive areas. He stated that to do this, it would require permit and inspection programs to support the wellfielù protection ordinance. He stated that if the program deve- lopment was established for this fiscal year, it would have to be done Page 6 . ¡.' ~,,/ , - - - ,-_..,~,-~""'''''--''''''-,--'-=-~ ~ - - February 3, 1987 through the General F ,~d. He noted that the Water Pollution Fund could be broadened by way of another referendum. Mr. John Steiger, Natural Resources Manager for the City of Naples, stated that the State has an ordinance established for leaking underground tanks, but DER does not have the staff to handle all the problems with regards to leaking tanks. He stated that Collie~County is wise to initiate a program before problems exist and the we11fie1ds have to be shut down, which causes problems. Commissioner Glass stated that there can be no action taken in a workshop or direction given. Mr. Fred Vidzes of the Big Cypress Basin B6ard, stated that the issue before the Board is not if the County is going to adopt the Ordinance, but when it is going to be adopted. He stated that the sooner it is ad~pted the better off the County will be because the costs are going to continue to escalate. He stated that the SFWMD, through the local governing assistance program, will assist the County in the adoption of this ordinance and the follow-up assistance once it is determined that this ordinance will be adopted. He stated that if it is required to come before a regular Board meeting, he would recommend that it be done as soon as possible. Commissioner Saunders stated that from his prospective, there is no question that a wel1field protection Ordinance of some type is needed, but that direction cannot be given this date. He stated that he would suggest that this be placed on a regular meeting agenda for - . &DDK 101 PAGI: 3'35 , Page 7 ~ (., . ¡ :,; ",i·:;t- '. ~ i,", ~,~:: ", ~;,~, ~ ,,;'I!, 1 ~I'~¡;:' ~ ";", , I .,%, ¡;";',',. ,,~' .":\~" .' 'f" 7.'.' 'ff HI m~ 101mt336 February 3, 1987 specific direction to have the County Attorney's office participate in the drafting of this ordinance. Commissioner Hasse stated that Mr. Lorenz should move forward on this matter. Community Development Administral.~ Pettrow stated that he would like to come back to the Board and request establishing a technical advisory committee which will not cost anything. Commissioner Hasse stated that this would be a good move forward. *** There being no further business, the meeting was adjourned by Order of the Chair - Time: 2:30 P.M. ; - ~ ;-! ".; ':' ~. ! \ '; ;. , r Page 8 ¡,' .q/, .. - - ~_. .