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Backup Documents 06/25/2019 Item # 9B Pollution Control & 6/25/19 Prevention Ordinance 9 6 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS . To: Clerk to the Board: Please place the following as a: (_)t , ••~ XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div Capital Project Planning,Impact Fees,and Program Management-Pollution Control Person: Danette Kinaszczuk Date: 04/23/19 Petition No.(If none,give brief description): Pollution Control and Prevention Ordinance Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+days before hearing.)June 25 2019(ad to run no later than Wednesday,June 5,2019) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location& Size: 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. Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost?0 Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500188783 Reviewed by: 068 149 Danette Kinaszczuk 05/17/19 Division Administrator or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ®Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S O FIC USE ONLY: Date Received: ,5 Date of Public hearing: 6 a 19 Date Advertised: 6 1,1 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 of powers 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-00068/1474260/11225 05/03/2019 Page 1 of 20 — EI SECTION ONE: Collier County adopts an ordinance that reads as follows: Article I. GENERAL Section 1: Title and Citation This Ordinance shall be known as and may be cited as"The Collier County Water Pollution Control and Prevention Ordinance." Section 2: Findings The Board of County Commissioners hereby makes the following findings: A. It is necessary to regulate activities that have the potential to create hazards or public nuisances,pollute or otherwise adversely affect the quality of groundwater,surface waters, or other natural resources of Collier County; and those activities are defined herein; B. The Board recognizes that Collier County and its residents rely on groundwater and surface water for drinking water supplies and that certain land uses can contaminate ground and surface water; C. Thirty-three percent of Collier County's surface waterbodies currently are verified as impaired by the Florida Department of Environmental Protection(FDEP); D. Total Maximum Daily Loads have been assigned by FDEP. The Board recognizes it is in Collier County's best interest to prevent further degradation of our waterbodies and water supplies; E. Collier County has a Phase II National Pollution Discharge Elimination System Stormwater (MS4) Permit. Collier County's MS4 permit and Chapter 62-624 F.A.C. require a regulatory mechanism for the detection and elimination of non-stormwater discharges; F. Because Private Stormwater Management Systems generally outfall to Collier County's or a municipality's MS4 and therefore affect the MS4's water quality, it is in the best interest of Collier County to regulate the water quality discharging from those private systems. G. Collier County is an area that depends on tourist's dollars and the quality of Collier County's water and other natural resources directly impacts Collier County's economic sustainability and growth; H. In 1984,in order to establish a pollution control program,Collier County approved the levy of one-tenth of a mill after a County-wide referendum, and in 1988 in order to protect Collier County's water resources from all pollutants, the residents of Collier County [16-POL-00068/1474260/1]225 05/03/2019 Page 2 of 20 approved the maintenance of the millage of one-tenth of a mill by County-wide referendum as described in Ordinance No. 89-20; I. Section 163.3177(6)(d)2.b. F.S. requires local governments through their Growth Management Plans "to protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters and protect from activities and land uses known to affect adversely the quality and quantity of identified water resources." J. Section 403.182 F.S. allows local governments to adopt Ordinances relating to local pollution control programs that are "stricter or more extensive than those imposed by this Act [the Florida Air and Water Pollution Control Act in Section 403.011, et seq. F.S.]." K. This ordinance supports goals and objectives of the Drainage Sub-Element and the Natural Groundwater Aquifer Recharge Sub-Element, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, the Watershed Management Plan, and the Floodplain Management Plan. Section 3: Intent It is the intent of Collier County to allow for growth while protecting, preserving, and restoring our groundwater, surface waters, and other natural resources through monitoring, pollution prevention, education,and restoration programs. Section 4: Applicability The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. Section 5: Definitions For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall,""will,"or"must"are always mandatory and not merely discretionary. Basin Management Action Plan or BMAP shall be defined per Section 62-40.210 F.A.C.,as it may be amended from time to time, which means the document that sets forth the activities, schedule,and funding sources by which point and nonpoint dischargers will reduce pollutants discharged to impaired waters and meet the Total Maximum Daily Load established for those waters. [16-POL-00068/1474260/1]225 05/03/2019 Page 3 of 20 9 Best Management Practices or BMPs shall be defined as structural and non-structural schedules of activities,prohibitions of practices, general good housekeeping practices,pollution prevention and educational practices, maintenance procedures, and other practices to prevent or reduce pollution. Biosolids shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means the solid, semisolid, or liquid residue generated during the treatment of Domestic Wastewater in a domestic Wastewater Treatment Facility, formerly known as "domestic wastewater residuals"or"residuals." Not included is the treated effluent or reclaimed water from a domestic Wastewater Treatment Plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic Wastewater Treatment Facilities, other solids as defined in subsection 62-640.200(31), F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and treated material from biosolids treatment facilities and Septage Management Facilities regulated by the Department. [FDEP]. Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a Biosolids Treatment Facility, a Septage Management Facility regulated by the Department [FDEP], or an application site. Biosolids Treatment Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time,which means a facility that treats Biosolids from other facilities for the purpose of meeting the requirements of this chapter, before use or land application. Biosolids treatment facilities can also treat domestic Septage and combinations of Biosolids, domestic Septage, food establishment Sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite Sewage treatment and disposal systems, before use or land application. Closely Regulated Facilities shall be defined as those facilities or property regulated by the provisions of this Ordinance or any FDEP rule cited herein. Collection/Transmission Systems shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment. Collier County Municipal Separate Storm Sewer System or CCMS4 shall be defined as the MS4 owned,operated,and maintained by Collier County. Commercial shall be defined as property devoted in whole or part to commerce, that is, the exchange and buying and selling of commodities or services. Commercial Sewage Waste shall be defined per Section 64E-6.002 F.A.C,as it may be amended from time to time,which means non-toxic,non-hazardous Wastewater from Commercial facilities. Examples of establishments included in this definition are Commercial and institutional food [16-POL-00068/1474260/1]225 05/03/2019 Page 4 of 20 9 operations, Commercial laundry facilities with no more than 4 machines, and animal holding facilities. Construction Activity shall be defined as activities resulting in land development or redevelopment including but not limited to clearing and grubbing, grading, excavating, and demolition in any zoning district, except lands zoned rural agricultural with an agricultural classification from the Property Appraiser pursuant to Section 193.461, F.S. Discharge shall be defined as any spilling, leaking, seeping, pouring, pumping, emitting, emptying, or dumping of a Pollutant. Domestic Wastewater shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which means Wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary Wastewater or Sewage. When Industrial Wastewater is combined with domestic Wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic Wastewater provided in Rule 62-600.200, F.A.C. EPA shall be defined as the United States Environmental Protection Agency or its successor. FDEP shall be defined as the Florida Department of Environmental Protection or its successor. Flow Through Stormwater Management Systems shall be defined as the portion of an otherwise publicly owned Stormwater Management System that passes through and serves a privately owned area and which the care and maintenance of that portion is the responsibility of a private entity. Groundwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means the water beneath the surface of the ground, whether or not flowing through known and definite channels. Hazardous Substance shall be defined per Section 403.703,F.S.,as it may be amended from time to time, which means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response,Compensation,and Liability Act of 1980,94 Stat.2767. Hazardous Waste shall be defined per Section 403.703,F.S.,as it may be amended from time to time, which means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, F.S. Illicit Discharge shall be defined as substances not composed entirely of Stormwater that may directly or indirectly enter a Stormwater Management System or Waters of the State, except as exempted in Article II, Section 2 and Article III, Section 3. [16-POL-00068/1474260/1]225 05/03/2019 Page 5 of 20 9B Illicit Connection shall be defined as any physical connection,actual or potential flow discharge, or other condition that could allow non-Stormwater to enter a Stormwater Management System whether on the surface or subsurface. Regardless of whether the illicit connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a Commercial or Industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impaired Water shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means a water body or water body segment that does not meet one or more of its designated uses due in whole or in part to Discharges of Pollutants,and has been listed as impaired by order of the Secretary in accordance with the procedures set forth in Chapter 62-303, F.A.C. Industrial shall be defined as a business engaged in industrial production or service, that is, a business characterized by manufacturing or productive enterprise or a related service business. Inspector means an individual designated by the Collier County Manager or his/her designee to administer and enforce this Ordinance. Municipal Separate Storm Sewer System or MS4 shall be defined as a publicly owned stormwater management system that consists of conveyances including roads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying Stormwater. National Pollutant Discharge Elimination System (NPDES) Stormwater Permit shall be defined as a permit issued by EPA(or by a State under authority delegated pursuant to 33 USC § 1342(b))that regulates Stormwater. Nonpoint Source Pollution shall be defined as pollution from any source other than from any discernible,confined,and discrete conveyances,and shall include,but not be limited to,Pollutants from agricultural,silvicultural,mining,construction,subsurface disposal and urban runoff sources such as fertilizer. Onsite Sewage Treatment and Disposal System Transportation Permit or OSTDSTP shall be defined as a permit issued by the State of Florida, Department of Health that gives approval to a person to transport liquid waste associated with food operations, domestic Wastewater, or domestic Septage within the boundaries of the State of Florida. Person shall be defined as any individual, association, organization, partnership, firm, joint venture, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Person Responsible for Site Rehabilitation or PRSR shall be defined as the real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation. [16-POL-00068/1474260/1]225 05/03/2019 Page 6 of 20 9 Pollutant shall be defined as a substance that alters the chemical, physical, biological, thermal and/or radiological integrity of soil, stormwater, groundwater or Surface Water. Anything which causes or contributes to pollution. Pollutants may include,but are not limited to:paints,varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations,so that same may cause or contribute to pollution;floatables;pesticides,herbicides, nutrients, and fertilizers; Hazardous Substances and Wastes; Wastewater, Sewage, Septage, grease,portable toilet,and holding tank wastes,Biosolids,and pathogens;sediment;dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Treated reclaimed water is not considered a pollutant. Private Stormwater Management System or Private SMS shall be defined as a Stormwater Management System owned by a non-public entity or individual. Residential shall be defined as real property that is zoned for residential use including single family, multi-family and mobile home units. Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a mixture of Sludge, fatty materials, human feces, and Wastewater removed during pumping of an onsite Sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. Septage Management Facility shall be defined per Chapter 62-640 F.A.C.,as it may be amended from time to time, which means a stationary facility that treats only domestic Septage or combinations of domestic Septage, food establishment Sludges, wastes removed from portable toilets,and wastes removed from holding tanks associated with boats,marinas,and onsite Sewage treatment and disposal systems, before use or land application. Sewage shall be defined as Domestic Wastewater and/or Commercial Sewage Waste. Site Specific Alternative Criteria or SSAC shall be defined as a water quality criterion developed for a particular waterbody or segment of a waterbody, designed to more accurately reflect site specific conditions, and adopted by FDEP. Sludge shall be defined per Chapter 403.703,F.S.,as it may be amended from time to time, which means includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including Wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps,privies,or similar waste disposal appurtenances. Stormwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means the water that results from a rainfall event. [16-POL-00068/1474260/1]225 05/03/2019 Page 7 of 20 E3 Stormwater Management shall be defined as the use of structural or non-structural practices that are designed to reduce Stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. Stormwater Management System or SMS shall be defined as either or both of the public or privately owned systems of conveyances including roads with drainage systems, detention ponds, retention ponds,catch basins,curbs,gutters,ditches,man-made channels,or storm drains designed or used for collecting, storing,treating, and/or conveying Stormwater. Surface Water shall be defined per Section 373.019,F.S.,as it may be amended from time to time, which means water upon the surface of the earth,whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. Total Maximum Daily Load or TMDL shall be defined per Section 403.031, F.S., as it may be amended from time to time, which means the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a Pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. Transporter shall be defined as a person or business that transports Sewage, Septage, grease, or Biosolids within Collier County. Transporters include those licensed by Collier County and those permitted by the Florida Department of Health. Transportation License or TL shall be defined as a license issued by Collier County that gives approval to transport Sewage, Septage, grease, or Biosolids within the boundaries of Collier County. Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater Treatment Facility as described in Section 62-600.200 F.A.C. Wastewater shall be defined per Section 62-604.200 F.A.C., which means the combination of liquid and water-carried Pollutants from residences, Commercial buildings, Industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present. Section 5: Acronyms BMAP-Basin Management Action Plan BMPs-Best Management Practices CCMS4- Collier County Municipal Separate Storm Sewer System CCWSD- Collier County Water-Sewer District EPA-United States Environmental Protection Agency [16-POL-00068/1474260/11225 05/03/2019 Page 8 of 20 9 F.A.C. - Florida Administrative Code FDEP- Florida Department of Environmental Protection F.S. -Florida Statute LDC- Land Development Code MS4-Municipal Separate Storm Sewer System NPDES-National Pollutant Discharge Elimination System OSTDSTP- Onsite Sewage Treatment and Disposal System Transportation Permit PRSR- Person Responsible for Site Rehabilitation SMS- Stormwater Management System SSAC- Site Specific Alternative Criteria TL- Transportation License TMDL-Total Maximum Daily Load Article II. GENERAL POLLUTION CONTROL AND PREVENTION Section 1: Prohibitions Discharge of Pollutants is prohibited. It shall be unlawful for any Person or local governmental entity to Discharge or cause to be Discharged, Pollutants into any Surface Water, canal, bay, lagoon, estuary, or other waterway, lake, pond, drainage ditch, groundwater, wetland, onto the ground,or into a Stormwater Management System(SMS). Section 2: Exemptions A. Herbicide application in a manner compliant with state law, Best Management Practices (BMPs),and label instructions. B. Fertilizer application in a manner compliant with local ordinances, BMPs, label instructions, and per FDEP's Green Industries BMPs. C. The wash down of a motor vehicle accident scene or other type of emergency response. However, the wastes from the wash down need to be disposed of properly by the Person Responsible for Site Rehabilitation. [16-POL-00068/1474260/11225 05/03/2019 Page 9 of 20 D. A sheen resulting from minimal discharge of fuel or lubricating oil from the accidental sinking or foundering of a small vessel, provided the PRSR undertakes or arranges for salvage within a reasonable amount of time. E. Stormwater harvesting for reuse or aquifer recharge consisting of rainwater, treated Stormwater or reclaimed water. F. Treated wastewater or reclaimed water applications permitted by FDEP. G. Grass or plant clippings mulched back into vegetated areas such as a lawn or grass clippings from swale mowing that are left in a swale. Section 3: Requirements to Prevent,Control,and Reduce Pollutants by the Use of Best Management Practices. The owner or operator of a governmental, Commercial or Industrial facility/activity or owner of Residential property shall provide, at their own expense, reasonable protection from accidental Discharge of Pollutants or other wastes into the environment through the use of structural and non- structural BMPs. Further, any owner or operator responsible for a property or premises, which is the source of an Illicit Discharge, may be required by Collier County to implement additional structural and non-structural BMPs,in a reasonable timeframe,to prevent the further Discharge of Pollutants. Article III. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER MANAGEMENT SYSTEMS Section 1: All Activities A. Any Discharge into the Collier County Municipal Separate Storm Sewer System shall meet all applicable local and state water quality standards, TMDLs, BMAPs, and SSAC. The County may require more restrictive quality standards in certain areas dependent on the water quality of downstream water bodies. B. Every Person owning property with a Private SMS or with a Flow Through SMS shall maintain the SMS, including structures, as permitted; and free of debris, excessive vegetation, sediment, obstacles or anything that would pollute, contaminate, or significantly retard the flow of water through the Private SMS. Section 2: Prohibitions A. Illicit Connections are prohibited. [16-POL-00068/1474260/1}225 05/03/2019 Page 10 of 20 9 B 1. The construction,use,maintenance or continued existence of Illicit Connections to a SMS shall be prohibited. 2. A Person shall be in violation of this ordinance if the person or business connects or has connected a line conveying any substance, other than rainwater, to a SMS, or allows such a connection to continue. B. Suspension due to Illicit Discharges 1. Emergency Situations. Collier County may, without prior notice, order the immediate termination or suspension of any activity if it presents an imminent and substantial danger to health and safety, the environment or a SMS. If the violator fails to comply with a suspension order issued in an emergency, the local governmental entity or enforcement agency with jurisdiction as determined by the local governmental entity or enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the environment or to minimize danger to Persons. Section 3: Exemptions The following are exempt from this Article: 1. Discharges specified in writing by a governmental agency with jurisdiction as being necessary to protect public health and safety such as utility injection wells. 2. Dye testing after written notification to the authorized enforcement agency. 3. Any non-Stormwater Discharge permitted under a NPDES permit,waiver,or waste discharge order issued to the discharger and administered under the authority of the EPA,provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the EPA for any Discharge to the SMS. 4. The following discharges, provided they do not cause a violation of water quality standards: neutralized potable or reclaimed water line flushing; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains(not including active Groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles or boats using non- toxic, non-hazardous, biodegradable, phosphate free cleaners; natural riparian habitat or wetland flows; neutralized swimming pools or pool overflow from properly functioning systems; uncontaminated roof runoff; firefighting activities; and any other water source not containing Pollutants. After the County reasonably determines there is a Pollutant Discharge violation, it is the responsibility of the discharger to prove the Discharge does not contain Pollutants. [16-POL-00068/1474260/1]225 05/03/2019 Page 11 of 20 9 13 Section 4: Proof of Compliance with Permit A. Any Person subject to a NPDES Stormwater permit shall provide proof of compliance with said permit upon request in a form acceptable to Collier County prior to the allowing of Discharges to the MS4 and at anytime thereafter. Article IV. SEWAGE, SEPTAGE, GREASE,BIOSOLIDS,AND TRANSPORTATION OF THOSE MATERIALS Section 1: Prohibitions A. It shall be unlawful for any Person to transport Sewage, Septage, grease, or Biosolids without first having obtained a Transportation License(TL)for vehicles and trailers unless exempt under Article IV, Section 2 of this Ordinance. Rental vehicles and trailers used for the purpose of transporting Sewage, Septage, grease, or Biosolids are required to be licensed. B. It shall be unlawful for any Person to accept or process Sewage, Septage, grease, or Biosolids regardless of amount without first having obtained permits, and/or applicable development orders, from the state regulatory agency and Collier County, or providing proof of exemption. C. Biosolids. 1. It shall be unlawful to dispose of Biosolids anywhere other than a facility approved by federal, state and local regulations. 2. It shall be unlawful for any Person to operate, modify, or expand any Biosolids Management Facility or Biosolids Treatment Facility in Collier County without first having obtained a valid permit from FDEP. Section 2: Exemptions A. If a Transporter currently possesses a valid Onsite Sewage Treatment and Disposal System Transportation Permit(OSTDSTP), then Collier County waives the TL requirement. The Transporter must furnish a copy of their OSTDSTP to Collier County within 10 days of request by Collier County. Transportation within Collier County must cease immediately upon revocation of an OSTDSTP. B. Transportation vehicles or trailers that are utilized in a declared state of emergency are exempted from the TL requirement. However, vehicles or trailers used during a declared state of emergency must be water tight. C. Persons that transport four cubic yards or less per one-way trip of a dewatered Sewage, Septage,grease,or Biosolids material are exempted from the TL requirement if the material is being hauled to a Class I landfill. D. Class AA Biosolids are exempt from Article IV. Section 3: Transportation License A. An applicant shall submit an application for a TL through Collier County. [16-POL-0006811474260/1 J225 05/03/2019 Page 12 of 20 it 9B B. A TL may be issued by Collier County after the applicant has demonstrated that all of the following requirements are met: 1. Signed application; signed statement from the owner of a disposal facility indicating willingness to accept Sewage, Septage, grease, or Biosolids from the applicant; occupational license and monthly reports from the previous 12 months, if applicable,have been received and approved by Collier County. 2. Passing a vehicle or trailer inspection conducted by Collier County staff, to verify compliance with Sections 4.A. 1 and 2 of this Article. This inspection shall be scheduled by the applicant, conducted prior to material being hauled, and may be required to be conducted within the boundaries of Collier County. 3. The vehicle or trailer displays the applicant's name, telephone number in at least three inch high letters and assigned TL numbers on the driver's side,passenger side, and rear of the vehicle. 4. After the application is deemed complete and approved by Collier County, Collier County shall issue the license and may deliver it to applicant by electronic transmission such as email. Section 4: Transportation License Conditions A. The licensee shall be subject to the following conditions for the duration of the TL: 1. All vehicles and trailers used to transport Sewage, Septage, grease, or Biosolids shall be maintained so that they remain product tight and do not spill or leak. The vehicles or trailers shall have a functional tarp or top. 2. The licensee's name, TL number, and telephone number shall be displayed in at least three inch high letters on the driver's side, passenger side, and rear of the vehicle. 3. All licensees will maintain accurate daily records of the amounts of Sewage, Septage,grease,and Biosolids transported on a daily basis and submit these reports to Collier County. Failure to submit monthly reports by the 15th of the following month may result in license revocation. 4. The TL shall be valid for 12 months,and requires annual renewal and inspection in accordance with Section 3. 5. Any licensee who Discharges Sewage, Septage, grease, or Biosolids anywhere, except to an approved/exempted facility, within the boundaries of Collier County, shall immediately report the Discharged Sewage, Septage, grease, or Biosolids to Collier County. 6. Penalties for operating in Collier County without a TL are described in Article VIII, Section 5. 7. The licensee shall give written notice to Collier County within 5 business days of any changes to the information submitted in the application package. 8. Failure to meet any of the above conditions shall result in TL revocation for up to 12 months. [16-POL-00068/1474260/11225 05/03/2019 Page 13 of 20 9 B Section 5: Annual License Fee There will be no fee associated with the TL. Section 6: Otherwise Unpermitted Sewage Facilities This section is for those facilities that receive or process Sewage, Septage, grease,portable toilet, and holding tank wastes, and/or Biosolids that are not required to obtain a permit or have been exempted by a state regulatory authority. A. Facilities not permitted by a state or federal agency must have a pre-treatment permit if within the Collier County Water-Sewer District(CCWSD)and if the facility Discharges to the CCWSD Collections System. B. Collier County shall have the right to enter these facilities with reasonable notice for the purpose of determining compliance. Article V. WASTEWATER TREATMENT FACILITIES AND PRIVATELY OWNED SEWAGE COLLECTION AND TRANSMISSION SYSTEMS Section 1: Wastewater Treatment Facilities and Associated Collections/Transmission Systems Wastewater treatment plants are permitted and regulated by FDEP. With the exception of Collier County facilities, Pollution Control may inspect Wastewater treatment plants and report the findings to the FDEP. Section 2: Private Sewage Collection and Transmission Systems A. Septic systems are not considered private Sewage Collection and Transmission Systems. B. Private Sewage Collection and Transmission Systems, including but not limited to lateral lines, clean outs, and lift stations, must be maintained so that backups and sanitary sewer overflows do not occur. C. All private lift station wells must be locked or the entire private lift station must be fenced and locked. D. The owner of private Sewage Collection and Transmission Systems must have a maintenance agreement with a licensed contractor that responds twenty-four hours per day, seven days per week, three hundred and sixty five days per year. E. The maintenance contractor's name and contact information must be posted on all private lift stations and reported to Collier County Pollution Control within five business days if the contractor or contact information changes. [16•POL-00068/1474260/1]225 05/03/2019 Page 14 of 20 98 Article VI. WATER QUALITY EVALUATION AND MONITORING Section 1: Water Quality Monitoring A. Groundwater: Collier County will select, evaluate and refine a network of Groundwater monitoring sites. Collier County Pollution Control shall collect groundwater samples and evaluate Groundwater data. B. Surface Water: Collier County will select, evaluate and refine a monitoring network of Surface Water sites that best represent the ambient conditions within the unincorporated areas that do not fall under state jurisdiction. Collier County shall collect Surface Water samples and evaluate Surface Water data. C. Collier County may perform water quality monitoring within any municipality within Collier County that agrees by resolution under Article 1, Section 4, and that agrees to pay Collier County for the cost of monitoring within the municipality. At its discretion,Collier County may perform water quality monitoring on any property for any Person that agrees to pay Collier County for the cost of monitoring on said property. Section 2: Monitoring of Stormwater Discharges This section applies to all facilities that have Stormwater discharges associated with Industrial, Commercial, Residential, or Construction Activity and will become effective if permit requirements are not being met or reasonable BMPs are not being implemented. If a Private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of an Impaired Waterbody, or the downstream waterbody has an adopted TMDL, BMAP, or SSAC, the discharger may be required to monitor the water at the relevant outfall at the County's discretion to determine if the discharger is meeting the established criteria and not causing any further impairment. Further, the discharger may be required to reduce the Pollutant load being Discharged to the greatest extent possible, from the Private SMS to the CCMS4. Article VII. WATER SUPPLY WELLS Section 1: General Well construction is regulated under Collier County Code of Laws and Ordinances Chapter 90 Natural Resources. Failure to comply with Chapter 90 Natural Resources shall be a violation of this ordinance. Section 2: Public Water Supply Wells Public water supplies are regulated by Collier County Land Development Code Section 3.06.00 Groundwater Protection, as amended. Failure to comply with LDC Section 3.06.00 shall be a violation of this ordinance. [16-POL-00068/1474260/1]225 05/03/2019 Page 15 of 20 98 Section 3: Private Water Supply Wells To protect Residential private wells and those wells in proximity, Discharges of Pollutants onto the ground and into Groundwater or Surface Waters are prohibited. Article VIII. RIGHT TO ENTER,ENFORCEMENT AND FEES Section 1: Authority to Enter and Inspect A. Right of inspection. This Section provides an adequate substitute for notice by limiting the place,time and scope of inspections. Inspections of Closely Regulated Facilities may take place without prior notice during normal business hours as defined below for the purpose of determining compliance with pollution regulations. Inspections of Closely Regulated Facilities may take place outside normal business hours;however,access would be granted by the owner or by legal authorization. 1. It shall constitute a violation of this Section to intentionally hamper or interfere with an Inspector's official duties. 2. Inspectors shall identify themselves as Collier County Inspectors to owners, operators, or designated representative(s)present during the inspection. 3. Inspection reports: Inspectors shall record relevant field observations. Upon request, copies of inspection reports and/or results of laboratory analyses for samples collected by an Inspector shall be sent to the owner or operator. 4. Inspection of Closely Regulated Facilities: a. Inspectors are authorized to inspect Closely Regulated Facilities at any time between 8:00 a.m.and 5:00 p.m., Monday through Friday, without prior notice for the purpose of determining compliance with this Section and other ordinances, regulations, and permit requirements that govern pollution. The Inspector may inspect the premises and all devices, contrivances,processes,or operations relevant to the Discharge of Pollutants to Surface Water, Groundwater,the ground surface or Stormwater. b. Inspection of Closely Regulated Facilities may be made at times other than those described in subsection A.4.a of this section, with the owner's or operator's permission or legal authorization. c. Inspections shall be made for the purpose of determining compliance with this Ordinance, and FDEP or Collier County permits and permit conditions, and consent orders and BMPs. The scope of all compliance inspections shall be limited to these purposes. [16-POL-00068/1474260/1}225 05/03/2019 Page 16 of 20 d. Failure to provide access: Failure of an owner or operator of a Closely Regulated Facility to provide the County Manager or his/her designee with immediate access to the facility shall be a violation of this Ordinance. 5. Inspection warrants. At times other than specified in this Section,and at facilities and other properties that do not require permits and are not otherwise closely regulated, inspection can be made by consent or by means otherwise available by law. If consent is denied, Inspectors may obtain an inspection warrant pursuant to Florida Statutes. 6. Search warrants. Inspectors may contact the appropriate law enforcement personnel to obtain a search warrant and may aid the officer,if required pursuant to Florida Statutes. B. Compliance testing 1. Inspectors shall be authorized to obtain sample(s), or conduct test(s), or order owners or operators to obtain sample(s) or conduct test(s) to determine compliance with this article. 2. All compliance testing shall be conducted in accordance with Chapter 62-160,F.A.C., which defines quality assurance and quality control activities. C. Operating records required 1. A Person responsible for the operation of any facility that may be a source of Discharge of Pollutants, shall conduct such tests and maintain such records as prescribed by the County Manager or his/her designee to give evidence that any discharges are in compliance with this Ordinance. Such test data and records shall include the monitoring data available unless otherwise specified in writing by the County Manager or his/her designee. Such test data and operating records shall be available at all times for inspection by the County Manager or his/her designee,and reports that contain these records and data shall be filed with the County Manager or his/her designee upon request. 2. Copies of all records that are required to be maintained at the facility by FDEP regulation,EPA regulation, or County ordinance shall be available for inspection at all times. D. Corrective actions and documentation. Parties responsible for violations of this Ordinance shall take corrective actions to return the property to compliance within the timeframe specified by the County Manager or his/her designee and provide records documenting actions as directed by the County Manager or his/her designee. Failure to provide records or documentation directed pursuant to this this Ordinance is a violation of this article. E. Temporary disconnection of water service. The County Manager or his/her designee is authorized to order the water purveyor to cease water service to a connection where continued water service will allow an Illicit Discharge to continue unabated by the [16-POL-00068/1474260/1 j225 05/03/2019 Page 17 of 20 - responsible party or party occupying a subject property. This action is only authorized to abate a situation that poses a risk to public health, safety,and welfare as determined by the County Manager or his/her designee, such as Sewage, Septage, or septic tank system discharge in areas of public access, or where the water service is to a Commercial or Industrial business or facility,with the exception of a medical service facility. The property owner or responsible party shall commence or make arrangements for mitigation, as approved by the County Manager or his/her designee, of the Illicit Discharge within one hour of notification by the County Manager or his/her designee. When the Illicit Discharge remains unmitigated, the water purveyor shall, within one hour of notification by the County Manager or his/her designee, discontinue such water service. Upon notice by the County Manager or his/her designee, within a reasonable amount of time, the water purveyor shall reinstate water service provided the purveyor has no cause to withhold service. The water customer shall be responsible for any fees for the disconnection or resumption of water service charged by the water purveyor. Section 2: Remediation A. Any Discharge of Pollutants must be reported by the PRSR to Collier County Pollution Control and, if applicable,to the state regulatory agency. B. Any Discharge of Pollutants must be remediated by the PRSR within a reasonable timeframe. C. The PRSR shall take action to ensure no reoccurrence, including but not limited to, implementing additional or amending BMPs. D. Ongoing or intermittent pollution that causes one-time pollution at a level less than the soil or water cleanup target levels or Surface Water quality standards set forth in Chapter 62- 777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; and Chapter 62-302 F.A.C. Surface Water Quality Standards or in TMDLs, BMAPs or SSAC, shall be analyzed on a case by case basis to determine if it is causing a cumulative pollution problem. This determination shall be made by Collier County. If it is determined that a cumulative pollution problem exists, the PRSR shall be required to cease discharging and remediate affected areas. E. PRSR failure to clean up and/or prevent pollution is a violation of this ordinance. Collier County has the right but not the duty to contract for remediation and bill the PRSR, provided the County gives the PRSR 3 days prior written notice to commence clean up and the PRSR fails to do so. Section 3: Fees Any associated fees are in accordance with the Land Development Code, Growth Management Department Fee Schedule and the Collier County Water-Sewer District's rate resolutions. Section 4: Compliance with State and Federal Permits The issuance of a license in accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other State or Federal agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are [16-POL-00068/1474260/1]225 05/03/2019 Page 18 of 20 9B required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. Section 5: Penalties If any person,firm or corporation,whether public or private,or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars($500.00)or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion of the court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or con- compliance. Such other lawful actions shall include,but shall not be limited to,an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Magistrate established pursuant to the authority of Chapter 162,F.S. and Ordinance No. 2010-4. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWO: REPEAL OF ORDINANCES NO. 87-79, AS AMENDED AND RESOLUTION NO. 88-311 Collier County Ordinance No. 87-79,Transportation and Disposal of Sludge,and all amendments thereto and Resolution No 88-311, establishing fees, are hereby repealed in their entirety. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to"Section", "Article", or any other appropriate word. [16-POL-00068/1474260/1]225 05/03/2019 Page 19 of 20 913 SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Secretary of the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the day of ,2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney [16-POL-00068/1474260/11225 05/03/2019 Page 20 of 20 9B Teresa L. Cannon From: Minutes and Records To: NeetVirginia; Danette Kinaszczuk Subject: RE: Pollution Control and Prevention Ordinance - 6/25/19 Agenda Thanks Ladies, As soon as I will send the proof as soon as I receive it. Teresa Cannon BMR Senior Clerk II i•i('O% Office: 239-252-8411 Fax: 239-252-8408 X A� Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court C4 &Comptroller of Collier County r@� aP 3299 Tamiami Trail E,Suite#401 , rsi• - Naples, FL 34112-5746 www.CollierClerk.com From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, May 17, 2019 10:44 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: FW: Pollution Control and Prevention Ordinance-6/25/19 Agenda Teresa: See attached. Another email coming with Word version of the ad request. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239)252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Danette Kinaszczuk Sent: Friday, May 17, 2019 10:14 AM To: NeetVirginia <Virninia.Neet@colliercountyfl.gov> Subject: FW: Pollution Control and Prevention Ordinance-4/23/19 BCC Agenda -authorization to advertise 1 9 Acct. #068779 May 17, 2019 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Establishing the Pollution Control and Prevention Ordinance Dear Legals, Please advertise the above referenced notice Wednesday, June 5, 2019 and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500188783 B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 25, 2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) BTeresa L. Cannon 9 From: Teresa L. Cannon Sent: Friday, May 17, 2019 11:13 AM To: Naples Daily News Legals Subject: Pollution Control Ordinance Attachments: Pollution Control Ordinance (BCC 6-25-19).doc; Pollution Control Ordinance (BCC 6-25-19).doc Legals, Please advertise the attached Legal Ad on Wednesday, June 5, 2019. Thanks Teresa Cannon BMR Senior Clerk II 4yvi t Yx`k> Office: 239-252-8411 ,�.�'� a" � d��, y Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County ff 3299 Tamiami Trail E,Suite#401 •`tK,n.c° Naples, FL 34112-5746 www.CollierClerk.com 1 B Teresa L. Cannon From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Friday, May 17, 2019 12:45 PM To: Teresa L. Cannon Subject: RE: 2283094 Pollution Control Ordinance Attachments: BCCZONINGD-9-2283094-1.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on June 5.The total cost is$357.00 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700,option 3 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Friday, May 17, 2019 10:13 AM To: NDN-Legals<legals@naplesnews.com> Subject: 2283094 Pollution Control Ordinance Legals, Please advertise the attached Legal Ad on Wednesday, June 5, 2019. Thanks Teresa Cannon BMR Senior Clerk II �<<.TT t xh:,,T Office: 239-252-8411 4` `F. Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County A'' 3299 Tamiami Trail E,Suite#401 ksK�n.s� Naples, FL 34112-5746 www.CollierClerk.com i B > Ad Proof NapirsBaitH , ...rws Sales Rep:Kia Thor(UX25) Phone: Email: —‘1111011111111..11,— .M111111111111111111 Date:05/17/19 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2283094 P.O.No.:4500188783 Total Cost:$357.00 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:06/05/19 Stop Date:06/05/19 Phone:(239)252-8351 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING to speak on any agenda based. NOTICE OF INTENT TO item must register with the CONSIDER AN ORDINANCE County Manager prior to If you are a person with a presentation of the agenda disability who needs any Notice is hereby given that item to be addressed. accommodation in order to a public hearing will be held Individual speakers will be participate in this proceeding, by the Collier County Board limited to 3 minutes on any you are entitled,at no cost to of County Commissioners on item. The selection of any you,to the provision of certain June 25, 2019, in the Board individual to speak on behalf assistance. Please contact of County Commissioners of an organization or group is the Collier County Facilities Meeting Room, Third Floor, encouraged. If recognized by Management Division,located Collier Government Center, the Chairman,a spokesperson at 3335 Tamiami Trail East, 3299 Tamiami Trail East, for a group or organization Suite 101, Naples, FL 34112- Naples FL., the Board of may be allotted 10 minutes to 5356, (239) 252-8380, at least County Commissioners (BCC) speak on an item. two days prior to the meeting. will consider the enactment Assisted listening devices of a County Ordinance. The Persons wishing to have for the hearing impaired meeting will commence at9:00 written or graphic materials are available in the Board of A.M. The title of the proposed included in the Board agenda County Commissioners Office. Ordinance is as follows: packets must submit said material a minimum of 3 BOARD OF COUNTY AN ORDINANCE PROVIDING weeks prior to the respective COMMISSIONERS FOR ESTABLISHMENT public hearing. In any case, COLLIER COUNTY,FLORIDA OF A WATER POLLUTION written materials intended WILLIAM L. MCDANIEL, JR., CONTROL AND PREVENTION to be considered by the CHAIRMAN ORDINANCE, PROVIDING FOR Board shall be submitted REPEAL OF ORDINANCE NO. to the appropriate County CRYSTAL K.KINZEL, 87-79, AS AMENDED, AND staff a minimum of seven CLERK OF THE CIRCUIT COURT RESOLUTION NO. 88-311; days prior to the public &COMPTROLLER PROVIDING FOR INCLUSION hearing. All materials used By: Teresa Cannon IN CODE OF LAWS AND in presentations before Deputy Clerk(SEAL) ORDINANCES;PROVIDING FOR the Board will become a June 5,2019 No.2283094 CONFLICT AND SEVERABILITY; permanent part of the record. AND PROVIDING FOR AN EFFECTIVE DATE. Any person who decides to appeal any decision of the A copy of the proposed Board will need a record of Ordinance is on file with the the proceedings pertaining Clerk to the Board and is thereto and therefore, may available for inspection. All need to ensure that a verbatim interested parties are invited record of the proceedings is to attend and be heard. made, which record includes the testimony and evidence NOTE: All persons wishing upon which the appeal is Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 98 Teresa L. Cannon To: NeetVirginia; Danette Kinaszczuk Subject: FW: 2283094 Pollution Control Ordinance Attachments: BCCZON I NG D-9-2283094-1.pdf Please review proof and submit approval or changes. Thanks Teresa Cannon BMR Senior Clerk II �``����t_coc:kr� Office: 239-252-8411 .r (6. Fax: 239-252-8408 PTeresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County � �1." 3299 Tamiami Trail E,Suite#401 `k(r�i,Nrox Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Friday, May 17, 2019 12:45 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2283094 Pollution Control Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on June 5.The total cost is$357.00 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700, option 3 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Friday, May 17, 2019 10:13 AM To: NDN-Legals<legals@naplesnews.com> Subject: 2283094 Pollution Control Ordinance 1 9E1 Teresa L. Cannon From: Danette Kinaszczuk <Danette.Kinaszczuk@colliercountyfl.gov> Sent: Monday, May 20, 2019 8:26 AM To: Teresa L. Cannon; NeetVirginia Subject: RE: 2283094 Pollution Control Ordinance Approved. Thank you, Danette Kinaszczuk, Pollution Control Manager 2685 South Horseshoe Drive, Ste 103 Naples, FL 34104 (239) 252-5032-office (239) 253-5023-cell Collier County.M POLLUTION CONTROL LIVE GREEN, SAVE BLUE. From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, May 17, 2019 12:46 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; Danette Kinaszczuk<Danette.Kinaszczuk@colliercountyfl.gov> Subject: FW: 2283094 Pollution Control Ordinance Please review proof and submit approval or changes. Thanks Teresa Cannon BMR Senior Clerk II t,.0{IR Irl Office: 239-252-8411 �x` a` Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Friday, May 17, 2019 12:45 PM 1 9B Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday, May 23, 2019 9:59 AM To: Minutes and Records Cc: Teresa L. Cannon Subject: FW: 2283094 Pollution Control Ordinance Attachments: BCCZONINGD-9-2283094-1.pdf See below. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From:AshtonHeidi Sent:Thursday, May 23, 2019 8:16 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc:CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: 2283094 Pollution Control Ordinance Approved.�� Thanks. Vela ccfiyton-t c,€o Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia Sent:Wednesday, May 22, 2019 2:35 PM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Cc:CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: 2283094 Pollution Control Ordinance Minutes and Records is asking about this approval. This is yours, correct? Dinny 1 98 Teresa L. Cannon To: GRSC-West-Legals mbx Subject: RE: 2283094 Pollution Control Ordinance Legals, Proof for Ad #2283094 looks good, OK to run. Thanks Teresa Cannon BMR Senior Clerk II OUR Office: 239-252-8411 �(c?� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County �R(cnmr���"�c� 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From:GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Friday, May 17, 2019 12:45 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: 2283094 Pollution Control Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on June 5.The total cost is$357.00 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700,option 3 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Friday, May 17, 2019 10:13 AM To: NDN-Legals<legals@naplesnews.com> Subject: 2283094 Pollution Control Ordinance 1 9 i'Public Notices Public Notices AND PREVENTION ORDI- NANCE, PROVIDING FOR RE- CRYSTAL K.KINZEL, • PEAL OF ORDINANCE NO. 87- CLERK OF THE CIRCUIT COURT 79, AS AMENDED, AND RESO- &COMPTROLLER LOTION NO. 88-311; PROVID- By: Teresa Cannon ING FOR INCLUSION IN CODE Deputy Clerk(SEAL) OF LAWS AND ORDINANCES; June 5,2019 No.2283094 PROVIDING FOR CONFLICT AND SEVERABILITY; AND PRO- VIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection. All interested • parties are invited to attend 3 and be heard. W NOTE:All persons wishing to Z speak on any agenda item must register with the County Manager prior to presenta- tionG of the agenda item to be H addressed. Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- a tion of any individual to speak Q on behalf of an organization Z or group is encouraged. If r recognized by the Chairman, a spokesperson for a group or organization may be allotted O 10 minutes to speak on an tv item. ui w Persons wishing to have writ- Z ten or graphic materials in- cluded in the Board agenda packets must submit said ma- >- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written w materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public aw hearing. All materials used in presentations before the gir Board will become a perma- cv nent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. NOTICE OF PUBLIC HEARING If you are a person with a dis- NOTICE OF INTENT TO ability who needs any accom- modation in order to partici- Notice is hereby given that a pate in this proceeding, you public hearing will be held by are entitled, at no cost to you, the Collier County Board of to the provision of certain as- County Commissioners on sistance. Please contact the , June 25,2019, in the Board of Collier County Facilities Man- County Commissioners Meet- agement Division, located at ing Room, Third Floor, Collier 3335 Tamiami Trail East, Suite Government Center, 3299 101, Naples, FL 34112-5356, Tamiami Trail East, Naples FL., (239) 252-8380, at least two the Board of County Commis- days prior to the meeting. As- sioners (BCC)will consider the silted listening devices for the enactment of a County Ordi- hearing impaired are availa- nance. The meeting will corn- ble in the Board of County mence at 9:00 A.M. The title Commissioners Office. of the proposed Ordinance is BOARD OF COUNTY as follows: COMMISSIONERS AN ORDINANCE PROVIDING COLLIER COUNTY,FLORIDA FOR ESTABLISHMENT OF A WILLIAM L. MCDANIEL, JR., CHAIRMAN WATER POLLUTION CONTROL fit 9 4110 B Aa rBal 'Arum PART OF THE USA TODAY NET WORK Published Daily Naples, FL 34110 BCC ZONING DEPARTMENT 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vicky Felty who on oath says that she serves as legal clerk of the Naples Daily News,a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. June 5,2019 418' Subscribed and sworn In before on June 6,2019: _....bGLx_CL CA.uvvc2t.Dc.0-A.-� Notary,State of WI,County of Brown 1 TARA MONDLOCH —I Notary Public State of Wisconsin My commission expires: August 6,2021 Publication Cost:$357.00 Ad No:0003580185 Customer No:323534 PO#: 98 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing wilt be held by the Collier County Board of County Commissioners on June 25,2019,in the Board of County Commissioners Meet- ing Room,Third Floor, Collier Government Center, 3299 Tamiarni Trail East, Naples FL., the Board of County Commis- sioners(BCC)will consider the enactment of a County Ordi- nance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A WATER POLLUTION CONTROL AND PREVENTION ORDI- NANCE, PROVIDING FOR RE- PEAL OF ORDINANCE NO. 87- 79,AS AMENDED,AND RESO- LUTION NO. 88-311; PROVID- ING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PRO- VIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and he heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presenta- tion of the agenda item to be addressed. Individual speak- ers will be limited to 3 mi- nutes on any item. The selec- tion election of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in eluded in the Hoard agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become .3 perma nent part of the record. 98 Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled,at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing Impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT &COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) June 5,2019 No.2283094 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date -17 I 3 County Attorney Office County Attorney Office 144-C ` _07lQ j - --t 9 4. BCC Office Board of County k).)‘—‘3,\=.Ak).)‘—‘3,\=.A Commissioners \ritAA/ (.4s\kc‘ 5. Minutes and Records Clerk of Court's Office KY 62 _ 1 �� PRIMARY CONTACT INFORMATION Cl1 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Danette Kinaszczu Phone Number 239-25 -5023 Contact/ Department Agenda Date Item was June 25,2019 Agenda Item Number 9B Approved by the BCC Type of Document Ordinance Number of Original 1 Attached DV I CIV.1 Documents Attached PO number or account +S' number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ve-1444- ]' Ae__ 2. Does the document need to be sent to another agency for additional signatures? If yes, TN/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip DK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 25,2019 and all changes made DK N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. line. 9. Initials of attorney verifying that the attached document is the version approved by the N/ is n BCC,all changes directed by the BCC have been made,and the document is ready for th option• Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9B MEMORANDUM Date: July 1, 2019 To: Danette Kinaszczuk, Pollution Control Manager Engineering & Natural Resources From: Teresa Cannon, Sr. Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2019-17: Repealing Ordinance 1987-79 and establishing a Water Pollution Control and Prevention Ordinance Attached for your records is a copy of the document referenced above, (Item #9B) approved by the Board of County Commissioners on Tuesday, June 25, 2019. An original will be kept by the Board's Minutes and Record's Department as part of the Board's Official Record. If you have any questions, please call me at 252-8411. Thank you. Attachment Teresa L. Cannon 9 B From: Teresa L. Cannon Sent: Monday, July 1, 2019 9:05 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL Ordinance 2019-0017 Attachments: CLL20190625_Ordinance2019_0017.pdf SENT BY: COLLIER COUNTY CLERK OF COURT MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2019-0017 Teresa Cannon BMR Senior Clerk II OAT rk.k Office: 239-252-8411 `;.. Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 r`k(eics s Naples, FL 34112-5746 www.CollierClerk.com 9B ORDINANCE NO. 2019-1 7 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 of powers 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-00068/1474260/11225 05/03/2019 Page 1 of 20 9B SECTION ONE: Collier County adopts an ordinance that reads as follows: Article I. GENERAL Section 1: Title and Citation This Ordinance shall be known as and may be cited as "The Collier County Water Pollution Control and Prevention Ordinance." Section 2: Findings The Board of County Commissioners hereby makes the following findings: A. It is necessary to regulate activities that have the potential to create hazards or public nuisances,pollute or otherwise adversely affect the quality of groundwater, surface waters, or other natural resources of Collier County; and those activities are defined herein; B. The Board recognizes that Collier County and its residents rely on groundwater and surface water for drinking water supplies and that certain land uses can contaminate ground and surface water; C. Thirty-three percent of Collier County's surface waterbodies currently are verified as impaired by the Florida Department of Environmental Protection (FDEP); D. Total Maximum Daily Loads have been assigned by FDEP. The Board recognizes it is in Collier County's best interest to prevent further degradation of our waterbodies and water supplies; E. Collier County has a Phase II National Pollution Discharge Elimination System Stormwater (MS4) Permit. Collier County's MS4 permit and Chapter 62-624 F.A.C. require a regulatory mechanism for the detection and elimination of non-stormwater discharges; F. Because Private Stormwater Management Systems generally outfall to Collier County's or a municipality's MS4 and therefore affect the MS4's water quality, it is in the best interest of Collier County to regulate the water quality discharging from those private systems. G. Collier County is an area that depends on tourist's dollars and the quality of Collier County's water and other natural resources directly impacts Collier County's economic sustainability and growth; H. In 1984,in order to establish a pollution control program,Collier County approved the levy of one-tenth of a mill after a County-wide referendum, and in 1988 in order to protect Collier County's water resources from all pollutants, the residents of Collier County [16-POL-00068/1474260/11225 05/03/2019 Page 2 of 20 9B approved the maintenance of the millage of one-tenth of a mill by County-wide referendum as described in Ordinance No. 89-20; I. Section 163.3177(6)(d)2.b. F.S. requires local governments through their Growth Management Plans "to protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters and protect from activities and land uses known to affect adversely the quality and quantity of identified water resources." J. Section 403.182 F.S. allows local governments to adopt Ordinances relating to local pollution control programs that are "stricter or more extensive than those imposed by this Act [the Florida Air and Water Pollution Control Act in Section 403.011, et seq. F.S.]." K. This ordinance supports goals and objectives of the Drainage Sub-Element and the Natural Groundwater Aquifer Recharge Sub-Element, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, the Watershed Management Plan, and the Floodplain Management Plan. Section 3: Intent It is the intent of Collier County to allow for growth while protecting, preserving, and restoring our groundwater, surface waters, and other natural resources through monitoring, pollution prevention, education, and restoration programs. Section 4: Applicability The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. Section 5: Definitions For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall,""will," or"must" are always mandatory and not merely discretionary. Basin Management Action Plan or BMAP shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means the document that sets forth the activities, schedule, and funding sources by which point and nonpoint dischargers will reduce pollutants discharged to impaired waters and meet the Total Maximum Daily Load established for those waters. [16-POL-00068/1474260/11225 05/03/2019 Page 3 of 20 9B Best Management Practices or BMPs shall be defined as structural and non-structural schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other practices to prevent or reduce pollution. Biosolids shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means the solid, semisolid, or liquid residue generated during the treatment of Domestic Wastewater in a domestic Wastewater Treatment Facility, formerly known as "domestic wastewater residuals" or"residuals." Not included is the treated effluent or reclaimed water from a domestic Wastewater Treatment Plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic Wastewater Treatment Facilities, other solids as defined in subsection 62-640.200(31), F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and treated material from biosolids treatment facilities and Septage Management Facilities regulated by the Department. [FDEP]. Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a Biosolids Treatment Facility, a Septage Management Facility regulated by the Department [FDEP], or an application site. Biosolids Treatment Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a facility that treats Biosolids from other facilities for the purpose of meeting the requirements of this chapter, before use or land application. Biosolids treatment facilities can also treat domestic Septage and combinations of Biosolids, domestic Septage, food establishment Sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite Sewage treatment and disposal systems, before use or land application. Closely Regulated Facilities shall be defined as those facilities or property regulated by the provisions of this Ordinance or any FDEP rule cited herein. Collection/Transmission Systems shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment. Collier County Municipal Separate Storm Sewer System or CCMS4 shall be defined as the MS4 owned, operated, and maintained by Collier County. Commercial shall be defined as property devoted in whole or part to commerce, that is, the exchange and buying and selling of commodities or services. Commercial Sewage Waste shall be defined per Section 64E-6.002 F.A.C, as it may be amended from time to time,which means non-toxic,non-hazardous Wastewater from Commercial facilities. Examples of establishments included in this definition are Commercial and institutional food [16-POL-00068/1474260/1]225 05/03/2019 Page 4 of 20 9B operations, Commercial laundry facilities with no more than 4 machines, and animal holding facilities. Construction Activity shall be defined as activities resulting in land development or redevelopment including but not limited to clearing and grubbing, grading, excavating, and demolition in any zoning district, except lands zoned rural agricultural with an agricultural classification from the Property Appraiser pursuant to Section 193.461, F.S. Discharge shall be defined as any spilling, leaking, seeping, pouring, pumping, emitting, emptying, or dumping of a Pollutant. Domestic Wastewater shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which means Wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary Wastewater or Sewage. When Industrial Wastewater is combined with domestic Wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic Wastewater provided in Rule 62-600.200, F.A.C. EPA shall be defined as the United States Environmental Protection Agency or its successor. FDEP shall be defined as the Florida Department of Environmental Protection or its successor. Flow Through Stormwater Management Systems shall be defined as the portion of an otherwise publicly owned Stormwater Management System that passes through and serves a privately owned area and which the care and maintenance of that portion is the responsibility of a private entity. Groundwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means the water beneath the surface of the ground, whether or not flowing through known and definite channels. Hazardous Substance shall be defined per Section 403.703,F.S.,as it may be amended from time to time, which means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation,and Liability Act of 1980,94 Stat.2767. Hazardous Waste shall be defined per Section 403.703, F.S., as it may be amended from time to time, which means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, F.S. Illicit Discharge shall be defined as substances not composed entirely of Stormwater that may directly or indirectly enter a Stormwater Management System or Waters of the State, except as exempted in Article II, Section 2 and Article III, Section 3. [16-POL-00068/1474260/11225 05/03/2019 Page 5 of 20 9B Illicit Connection shall be defined as any physical connection, actual or potential flow discharge, or other condition that could allow non-Stormwater to enter a Stormwater Management System whether on the surface or subsurface. Regardless of whether the illicit connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a Commercial or Industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impaired Water shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means a water body or water body segment that does not meet one or more of its designated uses due in whole or in part to Discharges of Pollutants, and has been listed as impaired by order of the Secretary in accordance with the procedures set forth in Chapter 62-303, F.A.C. Industrial shall be defined as a business engaged in industrial production or service, that is, a business characterized by manufacturing or productive enterprise or a related service business. Inspector means an individual designated by the Collier County Manager or his/her designee to administer and enforce this Ordinance. Municipal Separate Storm Sewer System or MS4 shall be defined as a publicly owned stormwater management system that consists of conveyances including roads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying Stormwater. National Pollutant Discharge Elimination System (NPDES) Stormwater Permit shall be defined as a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that regulates Stormwater. Nonpoint Source Pollution shall be defined as pollution from any source other than from any discernible, confined, and discrete conveyances,and shall include, but not be limited to,Pollutants from agricultural, silvicultural,mining,construction, subsurface disposal and urban runoff sources such as fertilizer. Onsite Sewage Treatment and Disposal System Transportation Permit or OSTDSTP shall be defined as a permit issued by the State of Florida, Department of Health that gives approval to a person to transport liquid waste associated with food operations, domestic Wastewater, or domestic Septage within the boundaries of the State of Florida. Person shall be defined as any individual, association, organization, partnership, firm, joint venture, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Person Responsible for Site Rehabilitation or PRSR shall be defined as the real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation. [16-POL-00068/1474260/1]225 05/03/2019 Page 6 of 20 9B Pollutant shall be defined as a substance that alters the chemical, physical, biological, thermal and/or radiological integrity of soil, stormwater, groundwater or Surface Water. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints,varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations,so that same may cause or contribute to pollution; floatables;pesticides,herbicides, nutrients, and fertilizers; Hazardous Substances and Wastes; Wastewater, Sewage, Septage, grease,portable toilet,and holding tank wastes, Biosolids,and pathogens; sediment;dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Treated reclaimed water is not considered a pollutant. Private Stormwater Management System or Private SMS shall be defined as a Stormwater Management System owned by a non-public entity or individual. Residential shall be defined as real property that is zoned for residential use including single family, multi-family and mobile home units. Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a mixture of Sludge, fatty materials, human feces, and Wastewater removed during pumping of an onsite Sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. Septage Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which means a stationary facility that treats only domestic Septage or combinations of domestic Septage, food establishment Sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite Sewage treatment and disposal systems, before use or land application. Sewage shall be defined as Domestic Wastewater and/or Commercial Sewage Waste. Site Specific Alternative Criteria or SSAC shall be defined as a water quality criterion developed for a particular waterbody or segment of a waterbody, designed to more accurately reflect site specific conditions, and adopted by FDEP. Sludge shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which means includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including Wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Stormwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which means the water that results from a rainfall event. [16-POL-00068/1474260/11225 05/03/2019 Page 7 of 20 9B Stormwater Management shall be defined as the use of structural or non-structural practices that are designed to reduce Stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. Stormwater Management System or SMS shall be defined as either or both of the public or privately owned systems of conveyances including roads with drainage systems, detention ponds, retention ponds,catch basins,curbs,gutters,ditches,man-made channels,or storm drains designed or used for collecting, storing, treating, and/or conveying Stormwater. Surface Water shall be defined per Section 373.019, F.S., as it may be amended from time to time, which means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. Total Maximum Daily Load or TMDL shall be defined per Section 403.031, F.S., as it may be amended from time to time, which means the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a Pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. Transporter shall be defined as a person or business that transports Sewage, Septage, grease, or Biosolids within Collier County. Transporters include those licensed by Collier County and those permitted by the Florida Department of Health. Transportation License or TL shall be defined as a license issued by Collier County that gives approval to transport Sewage, Septage, grease, or Biosolids within the boundaries of Collier County. Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater Treatment Facility as described in Section 62-600.200 F.A.C. Wastewater shall be defined per Section 62-604.200 F.A.C., which means the combination of liquid and water-carried Pollutants from residences, Commercial buildings, Industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present. Section 5: Acronyms BMAP- Basin Management Action Plan BMPs- Best Management Practices CCMS4- Collier County Municipal Separate Storm Sewer System CCWSD- Collier County Water-Sewer District EPA- United States Environmental Protection Agency [16-POL-00068/1474260/1]225 05/03/2019 Page 8 of 20 9B F.A.C. - Florida Administrative Code FDEP- Florida Department of Environmental Protection F.S. - Florida Statute LDC- Land Development Code MS4- Municipal Separate Storm Sewer System NPDES-National Pollutant Discharge Elimination System OSTDSTP- Onsite Sewage Treatment and Disposal System Transportation Permit PRSR- Person Responsible for Site Rehabilitation SMS- Stormwater Management System SSAC- Site Specific Alternative Criteria TL- Transportation License TMDL- Total Maximum Daily Load Article II. GENERAL POLLUTION CONTROL AND PREVENTION Section 1: Prohibitions Discharge of Pollutants is prohibited. It shall be unlawful for any Person or local governmental entity to Discharge or cause to be Discharged, Pollutants into any Surface Water, canal, bay, lagoon, estuary, or other waterway, lake, pond, drainage ditch, groundwater, wetland, onto the ground, or into a Stormwater Management System (SMS). Section 2: Exemptions A. Herbicide application in a manner compliant with state law, Best Management Practices (BMPs), and label instructions. B. Fertilizer application in a manner compliant with local ordinances, BMPs, label instructions, and per FDEP's Green Industries BMPs. C. The wash down of a motor vehicle accident scene or other type of emergency response. However, the wastes from the wash down need to be disposed of properly by the Person Responsible for Site Rehabilitation. [16-POL-00068/1474260/1]225 05/03/2019 Page 9 of 20 9B D. A sheen resulting from minimal discharge of fuel or lubricating oil from the accidental sinking or foundering of a small vessel, provided the PRSR undertakes or arranges for salvage within a reasonable amount of time. E. Stormwater harvesting for reuse or aquifer recharge consisting of rainwater, treated Stormwater or reclaimed water. F. Treated wastewater or reclaimed water applications permitted by FDEP. G. Grass or plant clippings mulched back into vegetated areas such as a lawn or grass clippings from swale mowing that are left in a swale. Section 3: Requirements to Prevent, Control, and Reduce Pollutants by the Use of Best Management Practices. The owner or operator of a governmental, Commercial or Industrial facility/activity or owner of Residential property shall provide, at their own expense, reasonable protection from accidental Discharge of Pollutants or other wastes into the environment through the use of structural and non- structural BMPs. Further, any owner or operator responsible for a property or premises, which is the source of an Illicit Discharge, may be required by Collier County to implement additional structural and non-structural BMPs, in a reasonable timeframe,to prevent the further Discharge of Pollutants. Article III. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER MANAGEMENT SYSTEMS Section 1: All Activities A. Any Discharge into the Collier County Municipal Separate Storm Sewer System shall meet all applicable local and state water quality standards, TMDLs, BMAPs, and SSAC. The County may require more restrictive quality standards in certain areas dependent on the water quality of downstream water bodies. B. Every Person owning property with a Private SMS or with a Flow Through SMS shall maintain the SMS, including structures, as permitted; and free of debris, excessive vegetation, sediment, obstacles or anything that would pollute, contaminate, or significantly retard the flow of water through the Private SMS. Section 2: Prohibitions A. Illicit Connections are prohibited. [16-POL-00068/1474260/1]225 05/03/2019 Page 10 of 20 9B 1. The construction, use,maintenance or continued existence of Illicit Connections to a SMS shall be prohibited. 2. A Person shall be in violation of this ordinance if the person or business connects or has connected a line conveying any substance, other than rainwater, to a SMS, or allows such a connection to continue. B. Suspension due to Illicit Discharges 1. Emergency Situations. Collier County may, without prior notice, order the immediate termination or suspension of any activity if it presents an imminent and substantial danger to health and safety, the environment or a SMS. If the violator fails to comply with a suspension order issued in an emergency, the local governmental entity or enforcement agency with jurisdiction as determined by the local governmental entity or enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the environment or to minimize danger to Persons. Section 3: Exemptions The following are exempt from this Article: 1. Discharges specified in writing by a governmental agency with jurisdiction as being necessary to protect public health and safety such as utility injection wells. 2. Dye testing after written notification to the authorized enforcement agency. 3. Any non-Stormwater Discharge permitted under a NPDES permit,waiver,or waste discharge order issued to the discharger and administered under the authority of the EPA,provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the EPA for any Discharge to the SMS. 4. The following discharges, provided they do not cause a violation of water quality standards: neutralized potable or reclaimed water line flushing; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains (not including active Groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles or boats using non- toxic, non-hazardous, biodegradable, phosphate free cleaners; natural riparian habitat or wetland flows; neutralized swimming pools or pool overflow from properly functioning systems; uncontaminated roof runoff; firefighting activities; and any other water source not containing Pollutants. After the County reasonably determines there is a Pollutant Discharge violation, it is the responsibility of the discharger to prove the Discharge does not contain Pollutants. [16-POL-00068/1474260/11225 05/03/2019 Page 11 of 20 9B Section 4: Proof of Compliance with Permit A. Any Person subject to a NPDES Stormwater permit shall provide proof of compliance with said permit upon request in a form acceptable to Collier County prior to the allowing of Discharges to the MS4 and at anytime thereafter. Article IV. SEWAGE, SEPTAGE, GREASE, BIOSOLIDS, AND TRANSPORTATION OF THOSE MATERIALS Section 1: Prohibitions A. It shall be unlawful for any Person to transport Sewage, Septage, grease, or Biosolids without first having obtained a Transportation License(TL) for vehicles and trailers unless exempt under Article IV, Section 2 of this Ordinance. Rental vehicles and trailers used for the purpose of transporting Sewage, Septage, grease, or Biosolids are required to be licensed. B. It shall be unlawful for any Person to accept or process Sewage, Septage, grease, or Biosolids regardless of amount without first having obtained permits, and/or applicable development orders, from the state regulatory agency and Collier County, or providing proof of exemption. C. Biosolids. 1. It shall be unlawful to dispose of Biosolids anywhere other than a facility approved by federal, state and local regulations. 2. It shall be unlawful for any Person to operate, modify, or expand any Biosolids Management Facility or Biosolids Treatment Facility in Collier County without first having obtained a valid permit from FDEP. Section 2: Exemptions A. If a Transporter currently possesses a valid Onsite Sewage Treatment and Disposal System Transportation Permit (OSTDSTP), then Collier County waives the TL requirement. The Transporter must furnish a copy of their OSTDSTP to Collier County within 10 days of request by Collier County. Transportation within Collier County must cease immediately upon revocation of an OSTDSTP. B. Transportation vehicles or trailers that are utilized in a declared state of emergency are exempted from the TL requirement. However, vehicles or trailers used during a declared state of emergency must be water tight. C. Persons that transport four cubic yards or less per one-way trip of a dewatered Sewage, Septage,grease,or Biosolids material are exempted from the TL requirement if the material is being hauled to a Class I landfill. D. Class AA Biosolids are exempt from Article IV. Section 3: Transportation License A. An applicant shall submit an application for a TL through Collier County. [16-POL-00068/1474260/11225 05/03/2019 Page 12 of 20 9B B. A TL may be issued by Collier County after the applicant has demonstrated that all of the following requirements are met: 1. Signed application; signed statement from the owner of a disposal facility indicating willingness to accept Sewage, Septage, grease, or Biosolids from the applicant; occupational license and monthly reports from the previous 12 months, if applicable, have been received and approved by Collier County. 2. Passing a vehicle or trailer inspection conducted by Collier County staff, to verify compliance with Sections 4.A. 1 and 2 of this Article. This inspection shall be scheduled by the applicant, conducted prior to material being hauled, and may be required to be conducted within the boundaries of Collier County. 3. The vehicle or trailer displays the applicant's name, telephone number in at least three inch high letters and assigned TL numbers on the driver's side,passenger side, and rear of the vehicle. 4. After the application is deemed complete and approved by Collier County, Collier County shall issue the license and may deliver it to applicant by electronic transmission such as email. Section 4: Transportation License Conditions A. The licensee shall be subject to the following conditions for the duration of the TL: 1. All vehicles and trailers used to transport Sewage, Septage, grease, or Biosolids shall be maintained so that they remain product tight and do not spill or leak. The vehicles or trailers shall have a functional tarp or top. 2. The licensee's name, TL number, and telephone number shall be displayed in at least three inch high letters on the driver's side, passenger side, and rear of the vehicle. 3. All licensees will maintain accurate daily records of the amounts of Sewage, Septage, grease, and Biosolids transported on a daily basis and submit these reports to Collier County. Failure to submit monthly reports by the 15th of the following month may result in license revocation. 4. The TL shall be valid for 12 months, and requires annual renewal and inspection in accordance with Section 3. 5. Any licensee who Discharges Sewage, Septage, grease, or Biosolids anywhere, except to an approved/exempted facility, within the boundaries of Collier County, shall immediately report the Discharged Sewage, Septage, grease, or Biosolids to Collier County. 6. Penalties for operating in Collier County without a TL are described in Article VIII, Section 5. 7. The licensee shall give written notice to Collier County within 5 business days of any changes to the information submitted in the application package. 8. Failure to meet any of the above conditions shall result in TL revocation for up to 12 months. [16-POL-00068/1474260/11225 05/03/2019 Page 13 of 20 9B Section 5: Annual License Fee There will be no fee associated with the TL. Section 6: Otherwise Unpermitted Sewage Facilities This section is for those facilities that receive or process Sewage, Septage, grease, portable toilet, and holding tank wastes, and/or Biosolids that are not required to obtain a permit or have been exempted by a state regulatory authority. A. Facilities not permitted by a state or federal agency must have a pre-treatment permit if within the Collier County Water-Sewer District(CCWSD)and if the facility Discharges to the CCWSD Collections System. B. Collier County shall have the right to enter these facilities with reasonable notice for the purpose of determining compliance. Article V. WASTEWATER TREATMENT FACILITIES AND PRIVATELY OWNED SEWAGE COLLECTION AND TRANSMISSION SYSTEMS Section 1: Wastewater Treatment Facilities and Associated Collections/Transmission Systems Wastewater treatment plants are permitted and regulated by FDEP. With the exception of Collier County facilities, Pollution Control may inspect Wastewater treatment plants and report the findings to the FDEP. Section 2: Private Sewage Collection and Transmission Systems A. Septic systems are not considered private Sewage Collection and Transmission Systems. B. Private Sewage Collection and Transmission Systems, including but not limited to lateral lines, clean outs, and lift stations, must be maintained so that backups and sanitary sewer overflows do not occur. C. All private lift station wells must be locked or the entire private lift station must be fenced and locked. D. The owner of private Sewage Collection and Transmission Systems must have a maintenance agreement with a licensed contractor that responds twenty-four hours per day, seven days per week, three hundred and sixty five days per year. E. The maintenance contractor's name and contact information must be posted on all private lift stations and reported to Collier County Pollution Control within five business days if the contractor or contact information changes. [16-POL-00068/1474260/11225 05/03/2019 Page 14 of 20 9B Article VI. WATER QUALITY EVALUATION AND MONITORING Section 1: Water Quality Monitoring A. Groundwater: Collier County will select, evaluate and refine a network of Groundwater monitoring sites. Collier County Pollution Control shall collect groundwater samples and evaluate Groundwater data. B. Surface Water: Collier County will select, evaluate and refine a monitoring network of Surface Water sites that best represent the ambient conditions within the unincorporated areas that do not fall under state jurisdiction. Collier County shall collect Surface Water samples and evaluate Surface Water data. C. Collier County may perform water quality monitoring within any municipality within Collier County that agrees by resolution under Article 1, Section 4, and that agrees to pay Collier County for the cost of monitoring within the municipality. At its discretion,Collier County may perform water quality monitoring on any property for any Person that agrees to pay Collier County for the cost of monitoring on said property. Section 2: Monitoring of Stormwater Discharges This section applies to all facilities that have Stormwater discharges associated with Industrial, Commercial, Residential, or Construction Activity and will become effective if permit requirements are not being met or reasonable BMPs are not being implemented. If a Private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of an Impaired Waterbody, or the downstream waterbody has an adopted TMDL, BMAP, or SSAC, the discharger may be required to monitor the water at the relevant outfall at the County's discretion to determine if the discharger is meeting the established criteria and not causing any further impairment. Further, the discharger may be required to reduce the Pollutant load being Discharged to the greatest extent possible, from the Private SMS to the CCMS4. Article VII. WATER SUPPLY WELLS Section 1: General Well construction is regulated under Collier County Code of Laws and Ordinances Chapter 90 Natural Resources. Failure to comply with Chapter 90 Natural Resources shall be a violation of this ordinance. Section 2: Public Water Supply Wells Public water supplies are regulated by Collier County Land Development Code Section 3.06.00 Groundwater Protection, as amended. Failure to comply with LDC Section 3.06.00 shall be a violation of this ordinance. [16-POL-00068/1474260/1]225 05/03/2019 Page 15 of 20 98 Section 3: Private Water Supply Wells To protect Residential private wells and those wells in proximity, Discharges of Pollutants onto the ground and into Groundwater or Surface Waters are prohibited. Article VIII. RIGHT TO ENTER, ENFORCEMENT AND FEES Section 1: Authority to Enter and Inspect A. Right of inspection. This Section provides an adequate substitute for notice by limiting the place,time and scope of inspections. Inspections of Closely Regulated Facilities may take place without prior notice during normal business hours as defined below for the purpose of determining compliance with pollution regulations. Inspections of Closely Regulated Facilities may take place outside normal business hours;however, access would be granted by the owner or by legal authorization. 1. It shall constitute a violation of this Section to intentionally hamper or interfere with an Inspector's official duties. 2. Inspectors shall identify themselves as Collier County Inspectors to owners, operators, or designated representative(s) present during the inspection. 3. Inspection reports: Inspectors shall record relevant field observations. Upon request, copies of inspection reports and/or results of laboratory analyses for samples collected by an Inspector shall be sent to the owner or operator. 4. Inspection of Closely Regulated Facilities: a. Inspectors are authorized to inspect Closely Regulated Facilities at any time between 8:00 a.m. and 5:00 p.m., Monday through Friday, without prior notice for the purpose of determining compliance with this Section and other ordinances, regulations, and permit requirements that govern pollution. The Inspector may inspect the premises and all devices, contrivances, processes, or operations relevant to the Discharge of Pollutants to Surface Water, Groundwater, the ground surface or Stormwater. b. Inspection of Closely Regulated Facilities may be made at times other than those described in subsection A.4.a of this section, with the owner's or operator's permission or legal authorization. c. Inspections shall be made for the purpose of determining compliance with this Ordinance, and FDEP or Collier County permits and permit conditions, and consent orders and BMPs. The scope of all compliance inspections shall be limited to these purposes. [16-POL-00068/1474260/11225 05/03/2019 Page 16 of 20 9B d. Failure to provide access: Failure of an owner or operator of a Closely Regulated Facility to provide the County Manager or his/her designee with immediate access to the facility shall be a violation of this Ordinance. 5. Inspection warrants. At times other than specified in this Section, and at facilities and other properties that do not require permits and are not otherwise closely regulated, inspection can be made by consent or by means otherwise available by law. If consent is denied, Inspectors may obtain an inspection warrant pursuant to Florida Statutes. 6. Search warrants. Inspectors may contact the appropriate law enforcement personnel to obtain a search warrant and may aid the officer, if required pursuant to Florida Statutes. B. Compliance testing 1. Inspectors shall be authorized to obtain sample(s), or conduct test(s), or order owners or operators to obtain sample(s) or conduct test(s) to determine compliance with this article. 2. All compliance testing shall be conducted in accordance with Chapter 62-160, F.A.C., which defines quality assurance and quality control activities. C. Operating records required 1. A Person responsible for the operation of any facility that may be a source of Discharge of Pollutants, shall conduct such tests and maintain such records as prescribed by the County Manager or his/her designee to give evidence that any discharges are in compliance with this Ordinance. Such test data and records shall include the monitoring data available unless otherwise specified in writing by the County Manager or his/her designee. Such test data and operating records shall be available at all times for inspection by the County Manager or his/her designee,and reports that contain these records and data shall be filed with the County Manager or his/her designee upon request. 2. Copies of all records that are required to be maintained at the facility by FDEP regulation, EPA regulation, or County ordinance shall be available for inspection at all times. D. Corrective actions and documentation. Parties responsible for violations of this Ordinance shall take corrective actions to return the property to compliance within the timeframe specified by the County Manager or his/her designee and provide records documenting actions as directed by the County Manager or his/her designee. Failure to provide records or documentation directed pursuant to this this Ordinance is a violation of this article. E. Temporary disconnection of water service. The County Manager or his/her designee is authorized to order the water purveyor to cease water service to a connection where continued water service will allow an Illicit Discharge to continue unabated by the [16-POL-00068/1474260/11225 05/03/2019 Page 17 of 20 96 responsible party or party occupying a subject property. This action is only authorized to abate a situation that poses a risk to public health, safety, and welfare as determined by the County Manager or his/her designee, such as Sewage, Septage, or septic tank system discharge in areas of public access, or where the water service is to a Commercial or Industrial business or facility,with the exception of a medical service facility. The property owner or responsible party shall commence or make arrangements for mitigation, as approved by the County Manager or his/her designee, of the Illicit Discharge within one hour of notification by the County Manager or his/her designee. When the Illicit Discharge remains unmitigated, the water purveyor shall, within one hour of notification by the County Manager or his/her designee, discontinue such water service. Upon notice by the County Manager or his/her designee, within a reasonable amount of time, the water purveyor shall reinstate water service provided the purveyor has no cause to withhold service. The water customer shall be responsible for any fees for the disconnection or resumption of water service charged by the water purveyor. Section 2: Remediation A. Any Discharge of Pollutants must be reported by the PRSR to Collier County Pollution Control and, if applicable, to the state regulatory agency. B. Any Discharge of Pollutants must be remediated by the PRSR within a reasonable timeframe. C. The PRSR shall take action to ensure no reoccurrence, including but not limited to, implementing additional or amending BMPs. D. Ongoing or intermittent pollution that causes one-time pollution at a level less than the soil or water cleanup target levels or Surface Water quality standards set forth in Chapter 62- 777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; and Chapter 62-302 F.A.C. Surface Water Quality Standards or in TMDLs, BMAPs or SSAC, shall be analyzed on a case by case basis to determine if it is causing a cumulative pollution problem. This determination shall be made by Collier County. If it is determined that a cumulative pollution problem exists, the PRSR shall be required to cease discharging and remediate affected areas. E. PRSR failure to clean up and/or prevent pollution is a violation of this ordinance. Collier County has the right but not the duty to contract for remediation and bill the PRSR, provided the County gives the PRSR 3 days prior written notice to commence clean up and the PRSR fails to do so. Section 3: Fees Any associated fees are in accordance with the Land Development Code, Growth Management Department Fee Schedule and the Collier County Water-Sewer District's rate resolutions. Section 4: Compliance with State and Federal Permits The issuance of a license in accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other State or Federal agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are [16-POL-00068/1474260/11225 05/03/2019 Page 18 of 20 9B required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. Section 5: Penalties If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars($500.00)or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion of the court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or con- compliance. Such other lawful actions shall include,but shall not be limited to,an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Magistrate established pursuant to the authority of Chapter 162, F.S. and Ordinance No. 2010-4. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWO: REPEAL OF ORDINANCES NO. 87-79, AS AMENDED AND RESOLUTION NO. 88-311 Collier County Ordinance No. 87-79,Transportation and Disposal of Sludge, and all amendments thereto and Resolution No 88-311, establishing fees, are hereby repealed in their entirety. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section", "Article", or any other appropriate word. [16-POL-00068/1474260/11225 05/03/2019 Page 19 of 20 9B SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Secretary of the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the j' .ay of 111, _ , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL, CLERK COLLIER CO 26TY FLORIDA t j). 61(4- 911.1t-dil 4CBY` _ to ChafrD Deputy Clerk W Siam L. ianie r., .•firman only. Approved as to form and legality: CÁo eidi Ashton-Cicko Managing Assistant County Attorney This ordinance filed with the Secretory of Stone's Office the 1C4 day of 1-104,_.:94::A an 04,_ 94::Aand acknowledgement A that filing recei;ed�tQ 1. day of uy! nro-h Cif.* 1. [16-POL-00068/1474260/1]225 05/03/2019 Page 20 of 20 a^; cyn„F.`va FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State July 1, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-17, which was filed in this office on July 1, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us 913 3:211 to v, `•�' '1CQ _o 0 = v = c m 0 r 0 0 23 n Mt MIMIC-0 = p m DO ;:4; ' ,,� d e"h > - K r- 0W o- CQ m _ m th, 3 0 z �n m cnmc z Z --I ccnm n = - M 2- o , . m Op 77 x0D Illk. ' '-%\ 4 0 Zm m G) zz -n ra fli Cn > m . . 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