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Agenda 05/14/2019 Item #11B (Pollution Control & Prevention Ordinance)05/14/2019 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87-79 was adopted; definitions, standards, and federal and state regulations have changed making the current ordinance outdated and redundant in some aspects.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88-311 (Attachment 3) addressing fees associated with sludge transportation licenses and disposal permits will be repealed.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. During the April 23, 2019 meeting the Board requested staff conduct additional industry specific outreach. Staff contacted the specified community members who relayed their concerns. Both requested changes to ordinance language were made. There were no material changes and the intent of the ordinance remains the same. FISCAL IMPACT: Funding for the Pollution Control program comes from a dedicated milage established by a countywide referendum in 1988 and an ordinance in 1989. Because of the funding authority, that Ordinance is not proposed for repeal and will be in addition to the proposed ordinance. Examples of potential costs to customers are listed in Attachment 5. Costs associated with environmental 11.B Packet Pg. 346 05/14/2019 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 should funding become available, however, customers who continuously fail to meet permit requirements or implement best management practices are expected to be responsible for reasonable costs associated with the impacts. None of Table I (Attachment 5) potential costs are intended to be punitive or revenue generating; they are related to customer’s impacts on the environment. 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 only applies 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 structural 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 2 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 Pollution Control and Prevention Ordinance (PDF) 5. Attachment 5 Table I Potential Costs (PDF) 11.B Packet Pg. 347 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 8795 Item Summary: ***This item has been continued from the April 23, 2019 BCC meeting.*** 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. (Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and Program Management Division) Meeting Date: 05/14/2019 Prepared by: Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management Name: Danette Kinaszczuk 04/29/2019 11:09 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 04/29/2019 11:09 AM Approved By: Review: Growth Management Department Danette Kinaszczuk Level 1 Reviewer Skipped 04/29/2019 11:09 AM Capital Project Planning, Impact Fees, and Program Management Danette Kinaszczuk Additional Reviewer Skipped 04/29/2019 11:09 AM Growth Management Department Danette Kinaszczuk Deputy Department Head Review Skipped 04/29/2019 11:09 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 1:42 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/03/2019 8:37 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/03/2019 10:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/03/2019 1:07 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2019 1:13 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/07/2019 10:04 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 11.B Packet Pg. 348 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 11.B.a Packet Pg. 349 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8795 : 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 11.B.a Packet Pg. 350 Attachment: Attachment 1 January 2015 Audit Report Final (1) (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 351 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 352 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 353 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 354 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 355 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 356 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 357 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 358 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 359 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 360 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 361 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.b Packet Pg. 362 Attachment: Attachment 2 Ordinance 87-079 (8795 : Pollution Control and Prevention Ordinance) 11.B.c Packet Pg. 363 Attachment: Attachment 3 Resolution 88-311 (8795 : Pollution Control and Prevention Ordinance) 11.B.c Packet Pg. 364 Attachment: Attachment 3 Resolution 88-311 (8795 : Pollution Control and Prevention Ordinance) ORDINANCE NO. 2019- AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A WATER POLLUTION CONTROL AND PREVENTION ORDINANCE, PROVIDING FOR REPEAL OF ORDINANCE NO. 87-79, AS AMENDED, AND RESOLUTION NO. 88-311; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), F.S., provides that the legislative and governing body of a county shall have the power to carry on county government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), F.S., provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), F.S., recognize that the enumeration ofpowers in Section 125.01 ( 1 ), F. S., incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, F.S., shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS in 1984 in order to establish a pollution control program, Collier County approved the levy of one-tenth of a mill, and in 1988 in order to protect Collier County's water resources for all pollutants, Collier County approved a county-wide referendum that maintained the county-wide millage of one-tenth of a mill as described in Ordinance No. 89-20; and WHEREAS, pursuant to Chapter 403, F.S. and its authority in Section 125.01, F.S., the Board enacted Ordinance No. 87-79, as amended, Transportation and Disposal of Sludge, and 89- 20, Collier County Water Pollution Control Ordinance; and WHEREAS, the Board desires to consolidate, supplement, and amend these Ordinances and enhance their enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County adopts the following ordinance: [16-POL-00068/14 74260/1)225 05 /03 /2019 Page 1 of 20 11.B.d Packet Pg. 365 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 366 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 367 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 368 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 369 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 370 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 371 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 372 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 373 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 374 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 375 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 376 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 377 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 378 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 379 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 380 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 381 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 382 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 383 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : Pollution Control and Prevention Ordinance) 11.B.d Packet Pg. 384 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (8795 : 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 11.B.e Packet Pg. 385 Attachment: Attachment 5 Table I Potential Costs (8795 : Pollution Control and Prevention Ordinance)