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Ordinance 74-20ORDINANCE NO. 74,20 AN ORDINANCE PROHIBITING THE INSTALLATION, ALTERATION OR REPLACEMENT OF ANY WELL OR WELL PUMP WITHOUT A PERMIT, PROVIDING CRI- TERIA, PROVIDING CONFLICT, SEVERANCE AND PENALTY CLAUSES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section One: 1. Well Installation Unlawful - It shall be unlawful for any person, firm, partnership, corporation, association or other entity to cause the construction, sinking, drilling, in- stallation or replacement of a well or well pump or to abandon or permanetly discontinue the use of any well within Collier County, Florida without first obtaining a permit to so do from the County Engineer of Collier County, Florida. 2. Application - An application for a "Well Permit" shall be accompanied by a non-returnable fee of Ten Dollars ($10.00) and shall be upon forms furnished by the County Engineer. Such forms may include, but not be limited to the information detailed below in addition to the factors listed by Paragraph 3 below: a. Date, Name, Signature, Local and Principal Headquarters Address of the applicant. b. Location of well, source of water, proposed maximum capacity of installation in gallons per minute, quantity of water to be consumptively used by months of the year, maximum quantity of water to be pumped during any day, nature and location of use to be made of the water, if for irrigation or sprinkling purposes the type vegetation and total acres of water application. c. Name address and license number of the well contractor. 3. Criteria - The County Engineer and Water Management Boaq~ shall review the application and formulate a recommendation to the Board of County Commissioners based upon the following factJ~rs; a. Geological and hydrological characteristics of the un~e~-~ lying areas and aquifers. b. Character of subsoil formation, and depth, and quali~7- of ground water. c. Density of population, estimated demands for water and depletion rate of ground water resources. d. Sources of Ground water pollution and such other factors as are relevant to the protection of ground water resour~es_ 4. Advertised Public Hearin~ - On its own motion c~=~p~m -TI request of the County 'Engineer the Water Management Boa~s~ll - in a Public Hearing consider the recommendations of th~up~gy Engineer and such information as provided by the applicon_ such hearing and formulate its recommendation to the Bo~ County Commissioners. Such Public }{earing may be subJe~t~O~ days advertised notice. 5. Issue of Permit a. The Board of County Commissioners shall in a~regular Public Meeting approve or disapprove the application in whole or in part based upon the above information. The County Engineer shall be authorized to issue a permit as approved by the Board of County Commissioners. b. The County Engineer may, based upon the above and related Criteria and factors, issue Well Permits for Agricultural use and any Well of a two inch (2") or lessor diameter without Board approval. Section Two: 1. In the event any portion of this Ordinance conflicts with any other portion or other law the more restrictive shall apply. This Ordinance shall be liberally construed to carry out the purposes hereof. If any portion of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or unconstitional as applied. ~he unconstitutional word or words shall be severed and the'remainder shall be liberally construed to carry out the intent of this Ordinance as curative in nature to best serve the public health, safety and welfare. 2. Penalties and Enforcement - Any person, firm or corporation who violates any secti'on 6f this Ordinance shall be prosecuted and punished as provided by Chapter 125.69 of the Florida Statutes. Thc Board of County Commissioners~ the County Engineer, or any aggrieved or interested person may bring suit to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. The County Manager is vested with the authority to administer and enforce the provisions of this Ordinance and is authorized and directed to take any action to insure compliance with, or prevent vi61ation of the provisions of this Ordinance, and he shall have authority to issue ad- ministrative stay orders. 3. Effective Date - Be it declared that an emergency exists and the immediate enactment of this Ordinance is necessary, there- fore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement in the United States Mail to the Secretary of State. ATTEST: Margaret T. Scott, Clerk .',",'~t!' ,~j., Depu~ Clerk BOARD OF COUNTY COMMIS_e,IONERS Cl±ft~Sffd Wenzei, Cl~±rman Approved as to form and Legality: '"David Emerson B=uner County Attorney Adopted and passed as an emergency Ordinance this 20th day of June 1974, and Original and duplicate mailed to the Secretary of State, Certified Mail No. ..~~ .. on this 20th day of June 1974. Margaret T. Scott, Clerk ~Oeputy Clerk