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Ordinance 2007-13 ,,:2.1314 iS76"'" ~'\ 7;. ,,0.... i> \. 0) ~.~ ~\ ~ N\\\\ ~~ ORDINANCE NO. 07-~ (0 / \\.~ "l.\l" N ~ ~~t\''\.~~ E. AN ORDINANCE AMENDING ORDINANCE NUMBER 89- \~ ~t\)'\) !:if OS, AS AMENDED, THE COLLIER COUNTY GROWTH \,<'" ~:/ MANAGEMENT PLAN FOR THE UNINCORPORATED ""~~oe ct# AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING "'-~z~ THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 1 0, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not ,make written objections to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Gr9wth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier 1 County, Florida. The Collier County Growth Management Plan NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any 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 THREE: EFFECTIVE DATE. The effective date of this Amendment to the NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. BOARD OF COUNTY COMMISSIONERS :~LLlERZ~~ JAM8 COLETTA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Pd)J~.J1- ern. flbUiP4a_-flr~ MARJ IE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT This ordinance filed with the ~retary ~. t)de"~Hce thf\ ~doy 7nJD and acknowledgemerl!._aL that ~;~hi' ~'doy By o.~' 2 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 EXHIBIT "A" I. INTRODUCTION [New Language, page 1] The Natural Groundwater Aquifer Recharge Sub-Element establishes the manner in which Collier County will identify and protect the natural groundwater aquifers that serve as the primary sources of drinking water for County residents and visitors. This Sub- Element relates only to those aquifer recharge areas located in unincorporated Collier County that serve as potable water wellfields. The Implementation Section of this Sub-Element contains a single Goal. divided into five (5) Obiectives. Beneath each Objective are the specific County implementing policies. The water supply protection Obiectives in this Sub-Element include: . Mapping and delineation of natural aquifer recharge areas: . Protection of groundwater quality: . Groundwater quality monitoring: . Public education with regard to groundwater protection issues: and. . Protection of critical recharge areas and groundwater resources. Goal, Objectives and Policies Natural Groundwater Aquifer Recharge Sub-Element GOAL 1: [Number Removed, page 1] THE COUNTY SHALL IDENTIFY AND PROTECT NA TURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE t-.l: (MAPPING AND DELINEATION OF RECHARGE AREAS) [Renumbered, revised text, page 1] The County shall continue to On a bianm:lal basis, beginning in October 1998, review every two years. and revise fas necessarY1, existing map delineations of recharge areas County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathropogenic anthropogenic contaminant data aggregated during since the previous biennil:lffi revision. Words underlined are added; words stnJOk through are deleted. 1 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 Policy 1.1.1: The County shall Continue to revise and update its 3-dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy 1.1.2: [Renumbered, revised text, page 1] ContiRMe to identify areas and revise previous identifications of areas that are especially vulnerable to contamination because of land use, drainage, geomorphic, soil, hydrogeological, and other conditions, such as the preseRce/absence of confiniRg lmits. The County shall identify those County potable water wellfields. or portions of wellfields. which are susceptible to contamination. caused by adiacent or nearby land uses. drainage patterns. geomorphic conditions. soil properties. and/or hydrogeologic factors. including the presence or absence of confining units. This information shall be revised and updated as necessary. Policy 1.1.3: [Renumbered, revised text, page 1] The County shall maintain and update data on Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy M-:4:- Policy 1.1.4: [Renumbered, revised text, page 1] The County shall maintain and lJ.gpdate its maps of criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. Policy 1.1.5: [Renumbered, revised text, page 1] This Sub-Element shall incorporate by reference AE!nnual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers. are tho:;e as described in the SF\VMD's South Florida Water Management District's official publications dated April. 2000 (and scheduled to be published in 2006). Publication WRE #327, Mapping Recharge (Infiltration/leakage) throughout the South Florida Water Management Distriet, July/.\ugust, 1995 (Map 1 and Map 2). OBJECTIVE 1.2: (PROTECTION OF GROUNDWATER QUALITY) [Renumbered, revised text, page 1] Ground water quality shall meet all applicable Federal and State water quality standards. Words underlined are added; words struck through are deleted. 2 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by Bce 1-30-07 Policy t-.2.1.:. [Renumbered, revised text, page 1] The County shall prohibit 9Q.ischarges to sinkholes or other karst related features that have direct hydrologic connection~ to the Surficial or Intermediate Aquifer Systems shall be prohibited. Policy t-.2.2.:. [Renumbered, revised text, page 2] Non-agricultural developments requiring an eRP Environmental Resources r~rmit from the South Florida Water Management District (SFWMD} shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, as it existed on October 31, 1999, dated January 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non- agricultural developments specified in Policies M.2 and ~6.3 in the Drainage Sub- Element. Policy t-.2.3.:. [Renumbered, revised text, page 2] The County S~tandards for protecting the quality of ground water recharge te within the public '.vater supply wellfields wellhead protection areas identified in the Future Land Use Element (FLUE} shall be ore the same as those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. Paliey 1.2.4 [Deleted text, page 2] The Collier County Rural and ;\.gricultural Area ,\ssessment shall consider the ground water recharge characteristics in the County's rural area including the information contained in SFWMD publication WRE #327. Policy t-.2.S4: [Renumbered, revised text, page 2] Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE t-.3: (GROUNDWATER QUALITY MONITORING) [Renumbered, revised text, page 2] The County shall ~ontinue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyzed concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Words underlined are added; words Gtruol< through are deleted. 3 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by Bec 1-30-07 Policy 1.3.1: [Renumbered, revised text, page 2] The County shall Gfontinue the its existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: [Renumbered, revised text, page 2] The County shall Gfoordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 1.3.3: [Renumbered, revised text, page 2] The County will annually A~ssess the its groundwater quality monitoring data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 1.3.4: [Renumbered, revised text, page 2] The County shall continually Ggather and tffie evaluate appropriate data ffi for the purpose of refineing and improveing the data base groundwater quality monitoring database used in the County's 3-dimensional ground water model. Policy 1.3.5: [Renumbered, revised text, page 3] By 1 October 1997 Collier County shall continue to conduct establish a water resources planning group composed of with appropriate County, City of Naples, and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: l.4: (PUBLIC EDUCATION WITH REGARD TO GROUNDW A TER PROTECTION ISSUES) [Renumbered, revised text, page 3] The County shall Gfontinue current activities of providing the public with educational materials concerning ground water protection issues in Collier County~ \4a These may include. but shall not be limited to. the preparation of annual technical publications of ground water quality data collected, an informational website for groundwater quality issues. general information publications, establishment of a speakers' bureau presentations, K-12 classroom presentations, and in-service teacher workshops and semmars. Policy l.4.1: [Renumbered, revised text, page 3] The County shall continue to A~dvise the public on the appropriate disposal methods for hazardous wastes. for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task. the County may utilize the public educational Words underlined are added; words struck through are deleted. 4 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by Bee 1-30-07 measures listed within Obiective 4 of this Sub-Element. or any other measures, which may be appropriate. Policy M.2: [Renumbered, revised text, page 3] The County shall continue to P-Qrovide information in a manner that can be understood by the general public eft regarding Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. In performing this task. the County may utilize the public educational measures listed within Objective 4 of this Sub-Element. or any other measures, which may be appropriate. OBJECTIVE: t.5: (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES) [Renumbered, revised text, page 3] The County will shall implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in Oetober 1988, will review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy t.5.1: [Renumbered, revised text, page 3] The County shall ggevelop. and continually update. technical criteria for determining those recharge areas, which areas are critical to the County's longterm long-term ground water needs. Policy t.5.2: [Renumbered, revised text, page 3] The County shall continue to Iidentify the critical recharge areas and appropriate protective mechanisms. Policy t.5.3: [Renumbered, revised text, page 3] The County shall continue to Iidentify costs, funding mechanisms and private property rights issues associated with the protection of critical recharge areas. Policy t.5.4: [Renumbered, revised text, page 3] By I October 1997, The County shall continue to operate the implement Collier County's a local petroleum storage tank cleanup inspection program, especially in identified wellfield protection zones, operating within available State funding. Policy t.5.5: [Renumbered, revised text, page 3] By I October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous '.yaste collection. Words underlined are added; words struck through are deleted. 5 Natural Groundwater Aquifer Recharge Sub-Element As Adopted by BCC 1-30-07 Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally. the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. CO.A...L 2, 8REI OBJECTIVE 2.1, 8Rd Palieies 2.1.1 2.1.4 [deleted] [Deleted text, page 3] EAR-NGWAR S-E Adopted by BCC G: Comprehensive/EAR Amendment Modifications/BCC Adoption Draft Words underlined are added; words struck through are deleted. cs-kvl-dw/5-24-06 6 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-13 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and.~lerk. Ex-officio to Board' of County Commissioners' ~ ~O(. By: Ann Jennejohn, Deputy Clerk ------~,._,....,'"'-^,..''"'-_...".",'".....''''_.,_...~''-'''