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Agenda 06/25/2019 Item #17H (Pollution Control Ord)Proposed Agenda Changes Board of County Commissioners Meeting June 25, 2019 Move Item 17H to Item 9B: Recommendation to adopt 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. (Commissioner McDaniel’s request) Move Item 16F5 to Item 11F: Recommendation that the Board of County Commissioners end the FY19 agreement with Economic Incubators, Inc., to operate the Collier County Accelerator Project, and accept the transfer of assets and liabilities associated with the project. (Staff’s request) Time Certain Items: Item 8A to be heard no sooner than 11:00 a.m. Item 9A to be heard no sooner than 1:00 p.m. Item 11D to be heard at 10:00 a.m. Item 11E to be heard no sooner than 1:00 p.m. 7/8/2019 4:42 PM 06/25/2019 EXECUTIVE SUMMARY Recommendation to adopt 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 the proposed ordinance. CONSIDERATIONS: On May 14, 2019, the Board of County Commissioners unanimously approved Item 11B, advertising a public hearing to consider the adoption of the proposed ordinance. 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 instances. Current regulations, practices, and the goa ls 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. 17.H Packet Pg. 3088 06/25/2019 Examples of potential costs to customers are listed in 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 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 (DSAC) 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 (EAC) 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 adopt 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. Prepared by: Danette Kinaszczuk, Pollution Control Manager 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) 6. Legal Ad - Agenda ID 9026 (PDF) 17.H Packet Pg. 3089 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.H Doc ID: 9026 Item Summary: Recommendation to adopt 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. Meeting Date: 06/25/2019 Prepared by: Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management Name: Danette Kinaszczuk 05/17/2019 9:52 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 05/17/2019 9:52 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/17/2019 4:27 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/20/2019 1:10 PM County Attorney's Office Judy Puig Level 2 Attorney of Record Review Skipped 05/21/2019 3:15 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/23/2019 10:57 AM County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 06/05/2019 10:09 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 1:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/10/2019 3:40 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/10/2019 4:36 PM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 06/17/2019 1:23 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 17.H Packet Pg. 3090 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 17.H.1 Packet Pg. 3091 Attachment: Attachment 1 January 2015 Audit Report Final (1) (9026 : Pollution Control 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 17.H.1 Packet Pg. 3092 Attachment: Attachment 1 January 2015 Audit Report Final (1) (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3093 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3094 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3095 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3096 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3097 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3098 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3099 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3100 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3101 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3102 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3103 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.2 Packet Pg. 3104 Attachment: Attachment 2 Ordinance 87-079 (9026 : Pollution Control Ordinance) 17.H.3 Packet Pg. 3105 Attachment: Attachment 3 Resolution 88-311 (9026 : Pollution Control Ordinance) 17.H.3 Packet Pg. 3106 Attachment: Attachment 3 Resolution 88-311 (9026 : Pollution Control 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 17.H.4 Packet Pg. 3107 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3108 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3109 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3110 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3111 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3112 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3113 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3114 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3115 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3116 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3117 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3118 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3119 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3120 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3121 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3122 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3123 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3124 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3125 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control Ordinance) 17.H.4 Packet Pg. 3126 Attachment: Attachment 4 Proposed Pollution Control and Prevention Ordinance (9026 : Pollution Control 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 17.H.5 Packet Pg. 3127 Attachment: Attachment 5 Table I Potential Costs (9026 : Pollution Control Ordinance) 17.H.6 Packet Pg. 3128 Attachment: Legal Ad - Agenda ID 9026 (9026 : Pollution Control Ordinance)