Agenda 04/23/2019 Item #11B (Proposed Pollution Control Ord)04/23/2019
EXECUTIVE SUMMARY
Recommendation to advertise a public hearing to consider the adoption of a new ordinance to be
called the Pollution Control and Prevention Ordinance, repealing and replacing Ordinance No. 87-
79, regarding the Transportation and Disposal of Sludge and repealing Resolution No. 88-311
regarding fees for sludge transportation and disposal permits.
OBJECTIVE: To provide updates, clarifications, and additional environmental protection through the
adoption of, at a future publicly advertised meeting, the ordinance.
CONSIDERATIONS: Collier County has a Phase II National Pollution Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Element Three of Collier County’s
NPDES MS4 permit requires a “regulatory mechanism for the detection and elimination of non-
stormwater discharges.” The January 2015 audit report (Attachment 1) of Collier County’s NPDES MS4
program by the Florida Department of Environmental Protection (FDEP) indicated that the existing
ordinances used to regulate discharges are insufficient and requires Collier County to “review existing
ordinance and/or develop a new ordinance which defines and prohibits illicit discharge to the MS4.”
Ordinance No. 87-79 (Attachment 2), Transportation and Disposal of Sludge was adopted to regulate the
transportation and disposal of sludge to ensure that such activities do not endanger public health or the
quality of the waters of the County. In the 32 years since Ordinance No. 87-79 was adopted; definitions,
standards, and federal and state regulations have changed making the current ordinance outdated and
redundant in some aspects. The proposed new ordinance will update, clarify, and add environmental
protections which reflect current regulations, practices, and the goals of the Pollution Control Program;
and protect Collier County’s natural resources.
The proposed ordinance includes:
• Additional and updated definitions;
• Updated laws and regulations;
• Specific language prohibiting illicit discharges;
• Requirements for reporting and remediating discharges of pollutants;
• Emphasis on pollution prevention through public outreach/education and best management
practices; and
• Provisions for enforcement.
Resolution 88-311 (Attachment 3) addressing fees associated with sludge transportation licenses and
disposal permits will be repealed.
The proposed ordinance is Attachment 4.
FISCAL IMPACT: Examples of potential costs to customers are listed in Table 1 (Attachment 5). Costs
associated with environmental impacts such as remediation can vary widely based on the discharged
product, source, quantity released, and impacted media (e.g., soil, groundwater, surface water). Pollutant
source tracking will primarily be accomplished by Pollution Control subject to available funding.
Customers who continuously fail to meet permit requirements or fail to implement best management
practices are expected to be responsible for reasonable costs associated with the impacts. None of Table I
potential costs are intended to be punitive or revenue generating; they are related to customer’s impacts
on the environment.
Funding for the Pollution Control program comes from a dedicated millage established by a countywide
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referendum in 1988 and Ordinance No. 89-20. Because of the funding authority, Ordinance No. 89-20 is
not proposed for repeal and will be in addition to the proposed ordinance.
GROWTH MANAGEMENT IMPACT: This action is consistent with the goals and objectives of
Collier County’s Growth Management Plan Conservation and Coastal Management Element and the
Natural Groundwater Aquifer Recharge Sub-Element; the Watershed Management Plan; and the
Floodplain Management Plan.
DEVELOPMENT SERVICES ADVISORY COMMITTEE RECOMMENDATION: The proposed
ordinance was unanimously approved by the Development Services Advisory Committee (DSAC) on
May 2, 2018, with a recommendation that the following language be added to Article VI, Section 2: “Pre-
existing residential permitted properties shall not be required to implement structural BMPs to existing
drainage structures.” Keeping in mind that Article VI, Section 2 is applicable to stormwater management
system discharges and then only applicable if permit requirements are not being met or reasonable best
management practices (BMPs) are not being implemented, it is staff’s recommendation to leave the
language as written. If DSAC’s proposed language were included in the ordinance, all existing residential
developments would be exempt from any potential requirements to implement any structu ral pollution
prevention BMPs. This will prevent Collier County from being able to address point source pollution
flowing into our stormwater system while still being required to meet state-mandated water quality
standards associated with a Basin Management Action Plan.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The proposed ordinance was
unanimously approved by the Collier County Planning Commission sitting as the Environmental
Advisory Committee on March 7, 2019. The Planning Commission heard the ordinance over two
meetings and made refinements to the Ordinance.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. (HFAC)
RECOMMENDATION: To advertise a public hearing to consider the adoption of a new ordinance
repealing and replacing Ordinance No. 87-79 and repealing Resolution 88-311.
Prepared by: Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and
Program Management Division
ATTACHMENT(S)
1. Attachment 1 January 2015 Audit Report Final (1) (PDF)
2. Attachment 2 Ordinance 87-079 (PDF)
3. Attachment 3 Resolution 88-311 (PDF)
4. Attachment 4 Proposed Ordinance - CAO Approved (PDF)
5. Attachment 5 Table I Potential Costs (PDF)
6. Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 8348
Item Summary: Recommendation to advertise a public hearing to consider the adoption of a new
ordinance to be called the Pollution Control and Prevention Ordinance, consolidating, repealing and
replacing Ordinance No. 87-79, regarding the Transportation and Disposal of Sludge and repealing
Resolution No. 88-311 regarding fees for sludge transportation and disposal permits. This proposed
ordinance will be in addition to Ordinance No. 89-20, the existing Collier County Water Pollution Control
Ordinance. (Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and
Program Management Division)
Meeting Date: 04/23/2019
Prepared by:
Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management
Name: Danette Kinaszczuk
03/15/2019 10:07 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/15/2019 10:07 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/15/2019 10:23 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/25/2019 8:38 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/01/2019 1:22 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/01/2019 1:50 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/03/2019 1:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2019 8:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/15/2019 9:40 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2019 8:03 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM
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FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
February 10, 2015
Leo Ochs, Jr.
County Manager
Collier County
3301 East Tamiami Trail
Naples, FL 34112
Subject: Collier County Phase II Municipal Separate Storm Sewer Systems (MS4)
FLR04E037 Cycle 3 Year 1 Audit Report
Dear Mr. Ochs:
An audit of Collier County Phase II MS4 Stormwater Management Program (SWMP) elements was
conducted by the Florida Department of Environmental Protection (Department), on January 22, 2014
under the State’s federally approved National Pollutant Discharge Elimination System (NPDES)
stormwater program.
Based on the findings in the audit, the Department has determined that Collier County has satisfied
SWMP elements as required by the Generic Permit for Discharge of Stormwater from Phase II Municipal
Separate Storm Sewer Systems (Rule 62-621.300(7)(a), F.A.C.) and as specified in your approved Notice
of Intent (NOI) for coverage under the generic permit. Please note that the findings in the report are
limited to the specific elements of the SWMP that were reviewed during the Audit.
The Department has summarized the associated Required Improvements and Recommendations in the
table below. Anything that is not listed is considered to be sufficient based on the documentation shown
during the audit.
BMP Number BMP Description Required Improvements
Element 3-
Illicit
Discharge
Regulatory
mechanism for the
detection and
elimination of non-
stormwater discharge
Review existing ordinance and/ or develop a new
ordinance which defines and prohibits illicit discharge to
the MS4
Needs Implementation Immediately
Element 6 –
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
Identify the point of discharge from the wash rack located
at the Municipal Maintenance Yard inspected by the
Department.
Needs Implementation Immediately
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Packet Pg. 218 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8348 : Pollution Control and Prevention Ordinance)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
BMP
Number
BMP Description Recommendations
Element 3 –
Illicit
Discharge
Informing businesses
of hazards associated
with illegal discharges
The County’s outreach program currently addresses Small
Quantity Generators only. The Department suggested to
use the same educational information and insert the
material into the business license application package. This
way the County will address all types of businesses that
have the potential of illegal discharge and improper
disposal of waste.
Element 4 –
Construction
Site Runoff
Regulatory
mechanism for
construction site
runoff
The County should reference the policy that is applicable to
requiring site plans and controls on construction sites.
Element 6 -
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
The Department suggests the addition of an inspection and
maintenance program for all Municipally own facilities.
Responses to the required improvements above, including a short plan for implementation, are due within
30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)-
245-7523 or Candace.Richards@dep.state.fl.us. Thank you for doing a great job implementing your
program.
Sincerely,
Candace Richards
MS4 Phase II Coordinator
NPDES Stormwater Program
Cc: Steve Preston, Collier County
Danette Kinaszczuk, Collier County
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Packet Pg. 219 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 220 Attachment: Attachment 2 Ordinance 87-079 (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 231 Attachment: Attachment 2 Ordinance 87-079 (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 232 Attachment: Attachment 3 Resolution 88-311 (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 233 Attachment: Attachment 3 Resolution 88-311 (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 234 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 235 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 240 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 241 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 242 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 243 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 248 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 249 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 250 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 251 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 252 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
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Packet Pg. 253 Attachment: Attachment 4 Proposed Ordinance - CAO Approved (8348 : Pollution Control and Prevention Ordinance)
Assessment and Cleanup
Small Spill Scenario (<25 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$150.00 $1,000.00
Transportation and disposal of contaminated media $175.00 $1,500.00
Analytical Sampling (if required)$250.00 $1,250.00
Project Management and Reporting (if necessary) $500.00 $1,000.00
TOTAL POTENTIAL COSTS $1,075.00 $4,750.00
Medium Spill Scenario (25-100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$600.00 $4,000.00
Transportation and disposal of contaminated media $700.00 $6,000.00
Analytical Sampling (if required)$1,250.00 $2,500.00
Project Management and Reporting (if necessary) $1,000.00 $2,000.00
TOTAL POTENTIAL COSTS $3,550.00 $14,500.00
Large Spill Scenario (>100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$2,500.00 $15,000.00
Transportation and disposal of contaminated media $5,000.00 $15,000.00
Analytical Sampling (if required)$3,000.00 $10,000.00
Project Management and Reporting (if necessary) $2,500.00 $10,000.00
TOTAL OTHER ASSETS $13,000.00 $50,000.00
LABORATORY TEST ANALYTICAL METHOD COST
Agricultural Facilities
8 - RCRA Metals 200.7 / 7470 $84.50
Organochlorine Pesticides 8081 $85.00
Organophosphorus Pesticides 8141 $100.00
Herbicides 8151 $125.00
$394.50
Petroleum Storage / Distribution Facilities
BTEX+MTBE 8260 $50.00
PAHs 8270 $110.00
TRPHs FL-Pro $70.00
$230.00
VOCs 8260 $100.00
SVOCs 8270 $155.00
TRPHs FL-Pro $70.00
8 - RCRA Metals 200.7 / 7470 $38.00
$363.00
Kjeldahl nitrogen - total 351.2 $19.00
Ammonia as N 350.1 $11.00
Chlorophyll SM10200H $32.00
Nitrate as N 353.2 $9.00
Nitrite as N 353.2 $9.00
Phosphorus total 365.4 $20.00
Dissolved oxygen --$32.13
$132.13
Copper 200.7 $8.00
$8.00
Enterococci 1600 $11.14
Total Coliforms/Escherichia coli (P/A) 1604 $7.87
DNA --$100.00
$119.01
Pet Waste Stations $140.00 each
Adaptive Pond Management Site Specific
Lessen Fertilizer Application Saves Money on Fertilizer
Florida Friendly Landscaping Site Specific
Table 1 - Potential Costs
Best Management Practices
Water Quality Monitoring and Laboratory Analysis
Automotive Maintenance / Repair
Nutrient Impairment
Copper Impairment
Bacterial Impairment
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Packet Pg. 254 Attachment: Attachment 5 Table I Potential Costs (8348 : Pollution Control and Prevention Ordinance)
POLLUTION CONTROL & PREVENTION ORDINANCE
Danette Kinaszczuk, Pollution Control Manager
April 23, 2019
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Packet Pg. 255 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
•33% of waterbodies are
impaired
•3 have Total Maximum
Daily Loads assigned
•No Basin Management
Action Plans (Yet)
Water Quality
Status
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Packet Pg. 256 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
•Permit requirement
•30 years old
•Degrading water
quality
•Add enforcement
authority
•Pollution prevention
Proposed Pollution
Control Ordinance
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Packet Pg. 257 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
•Updated laws and regulations;
•Additional and updated definitions;
•Specific language prohibiting illicit discharges;
•Requirements for reporting and remediation of
pollutant discharges;
•Emphasis on pollution prevention through public
outreach/education and best management practices;
and
•Provisions for enforcement.
ORDINANCE INCLUDES:
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Packet Pg. 258 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
REVIEWS
INTERNAL EXTERNAL
•Growth Management
•Public Utilities
•Emergency Management
•Fire Inspectors
•FDOH
•FDEP
•Conservancy of SW Florida
•Big Cypress Basin
•Regulated Community
•Area Utilities
•DSAC
•Property Owners Association
Presidents
•Planning Commission/EAC
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Packet Pg. 259 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
Potential Costs -Remediation 11.B.6
Packet Pg. 260 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
WWW.LIVEGREENSAVEBLUE.COM
Report
Pollution
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Packet Pg. 261 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
RECOMMENDATION
Advertise a public hearing to consider
the adoption of a new ordinance to be
called the Pollution Control and
Prevention Ordinance, repealing and
replacing Ordinance No. 87-79,
regarding the Transportation and
Disposal of Sludge and repealing
Resolution No. 88-311 regarding fees
for sludge transportation and disposal
permits.
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Packet Pg. 262 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and
Live Green.Save Blue.
Thank You
Report Pollution.
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Packet Pg. 263 Attachment: Pollution Control Ordinance Presentation Permission to Advertise 04-23-19 (8348 : Pollution Control and