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BCC Minutes 10/23/1991 SCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS GROUNDWATER PROTECTION ORDINANCE PUBLIC HEARING October 23, 1991 5:05 p.m. Third Floor Boardroom Collier County Courthouse Naples, Florida 33962 Reported by, Christina J. Reynoldson Deputy Official Court Reporter Notary Public State of Florida at Large OFFICIAL COURT REPORTERS Carrothers Reporting Service, Inc. 20th Judicial Circuit - Collier County 3301 East Tamiami Trail Naples, Florida 33962 TELE: (813) 732-2700 FAX: (813) 774-6022 APPEARANCES BOARD MEMBERS P. Anne Goodnight - Chairman Max A. Hasse - County Commissioner Burr Saunders - County Commissioner Richard Shanahah - County Commissioner Michael Volpe - County Commissioner Mike Arnold - Utilities Administrator James Hatcher - Pollution Control Bill Lorenz - Environmental Services Jennifer Pike - Administrative Assistant to County Manager David Weigel - Assistant County Attorney George Yilmaz - Pollution Control Gary Beardsley Brian MacKenzie Mark Morton Craig PaJer Carl Reich George Risher Mike Slayton Jon Staiger Fred Tarrant OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 3 PROCEEDINGS C~AIRMAN GOODNIGHT: I'll call the meeting to order. All rise. (The invocation was presented, followed by recitation of the Pledge of A/legiance.) C~AIRMAN GOODNIGHT: The first item of business tonight will be the first public hearing on the Well Field Protection Ordinance, right? And then the second item will be a continuation from last week's Land Develo~ent Code. So we'll begin first with the Well Field Protection Ordinance. MR. LORENZ: Thank you. For the record, Bill Lorenz, Environmental Services Administrator. As you noted, this is the first public hearing for Groundwater Protection Ordinance which also incorporates regulations to protect our potable well fields. This has been an effort that has gone over several years. We've had a technical advisory committee that has been very instrumental in developing the ordinance with staff's support, and technical advisory committee was chaired by John $taiger. Also on the advisory committee was Glenn Simpson, Steve Means and Jack Abney. I believe OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 everyone except for Steve Means is with us tonight as well on the technical advisory committee. What I'd like to cover tonight, and I believe we're going to be going, Madam Chairman, to seven o'clock? C~AIRMAN GOODN IGHT: Urn-hum. MR. LORENZ: We'll be -- this is a fairly complex, complicated ordinance covering a number of facility types in addition dealing with the groundwater topic of developing an overlay series for well field protection zones. So what I'd like to try to accomplish tonight is to give the board a good feeling for how those maps were developed and what the rationale and justification of what went into those maps and also to cover the standards that we're proposing for Land Development Regulations. That, with the questions, probably will cover the bulk of the presentation tonight. We've also in your executive summary listed the history, the chronology, and I won't go into too much detail with that in terms of my presentation. We also have identified a physical impact statement for the regulations both in terms of administrative, OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 5 physical impact and also an economic report with regard to what the implication of those regulations will be on businesses. COMMISSIONER }{ASSE'. This is the first hearing, is it not? MR. LORENZ z This is the first hearing tonight. There's quite a bit of material I'll have to go through, but as I said, tonight I'd like to go through the presentation of -- I've given -- you should have an extra -- in your hands, a presentation. And what it includes is a series of view graphs that we'll go through and iljustrate these concepts, so if you can't read the words on the screen, you'll have it right there at your finger tips. Somebody might be able to get some of the lights up here in the front. With regard to the mandates for groundwater protection, back in 1984 actually the Water Pollution Control Referendum was passed for the county to develop programs to protect the county's water supply. That was the reason for the water pollution control department to come into existence. There was a one-tenth mill tax that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 6 was passed by the voters for that particular program. The Growth Management Act developed, established Land Development Regulations, required Land Development Regulations to protect potable or drinking water well fields and hence the reason or the mandate for adopting our Groundwater Protection Ordinance. The Growth Management Act also includes policies to protect water quality or was identified as zones of influence around well fields, recharge areas and water wells. Our own Growth Management Plan has a number of policies and objectives to identify and map these zones of influence and contribution to the well fields in addition to adopting a comprehensive Groundwater Protection Ordinance. And the Growth Management Plan also identifies very specific potential facilities or pollutant sources that we addressed in our Land Development Regulations and these include petroleum storage tanks, hazardous materials and waste, mineral extraction, industrial and domestic waste and storm water systems. To give you a little bit of a feel for what our general approach has been, staff and the technical OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 2 7 advisory committee is basically -- we're trying to develop and look at the county to provide higher degrees of protection for more sensitive areas in terms of groundwater sensitivity. And the first -- the first item of the ordinance is adoption or provides for county-wide protection by adopting the State's groundwater quality standards. In this way we can adopt what the State has as groundwater quality standards and that provides for county-wide protection with regard to enforcement of potential cases where we have violation of the groundwater quality standards. The ordinance also provides for sections to address what's called high recharge areas. And there's two categories of high recharge areas that we can discuss. One is natural areas, recognizing that all of Collier County is basically the recharge for its lower aquifer systems that we use on a daily basis such as the lower Tamiami aquifer. But there aren't -- there are areas that because of certain hydrogeologic characteristics maybe provide a higher degree of recharge. We have not yet been able to OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c c identify those. We have been focusing instead on high recharge areas that are around the well fields themselves. When you p~p a well, you actually reduce recharge as a result of drawing down the water, and so when we talk about very sensitive groundwater areas, these areas around the well fields themselves, hence our first priority in this protection ordinance has been around well fields. The well fields, basically our general approach has been to develop a series of risk management zones around the well, from the well to the boundary of what is called, termed a 20-year capture zone. What I'll do tonight as I get into some slides, I'll help define these well field management zones and what a 20-year capture zone is. Once we have identified these zones around the protected well fields, we've also addressed Land Develo~ent Regulations that address those various pollutant sources for each of these zones. So the basic approach is to identify those areas, the risk management zones around the well field, and then identify the Land Develoiament Regulation or restriction OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 that will occur within each zone. The way I'd like to handle it tonight is I've got a set of slides together with the view graph available to show how groundwater moves to wells through the different geological materials because this is important to understand why our zones look the way they look. And one concept is always understand that even though the groundwater is kind of out of sight, it follows similar principles of surface water. Basically it flows downhill or down gradient from areas of high pressure or low pressure. And this is the kind of information that we have to put into our computer. model and be able to calculate the direction of groundwater flow. We've also -- you'll see this in a slide presentation, groundwater flow in living color and just a series of slides that I can go through briefly with you. Also, we have developed this concept through the Environmental Protection Agency publications for guidelines for delineation of wellhead protection areas. And you'll be able to see some elements of this particular presentation as how we apply it to the well OPPICIE COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 2 10 fields in Collier County. We'll iljustrate what our zone of contribution is, that 20-year capture zone, make sure you have an understanding of the difference between draw down and what we're talking about as capture zone and identify what our protection objectives are that form the basis of the ordinance itself. We'll also present the application of the EPA procedures in Collier County that was developed through our computer modeling report that we had done, completed in the summer of 1989. The board may recall that you received a presentation on that report at that time, just going through some of the concepts. So I'll refresh the board's memory with regards to some of the more salient points of that presentation. As I said, our approach has been through the, a guidance document, guidelines for delineation of wellhead protection areas published by the Environmental Protection Agency. We feel that this basis and this documentation as recommended by EPA is a very good model to follow and indeed we followed it and you'll see some of the evidence of this in some of the other slides. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 11 This particular view graph here is not to demonstrate how little I know of the equations but simply as a que a little bit to say that we are -- our groundwater model that we have developed is a mathematical model. It's a computer model that's based upon certain theoretical developments. And what I'm going to do now is I'm going to give you -- rather than to cover that kind of material, I'm going to give you a little bit of the slides to show how the groundwater flows to our well fields. This particular presentation is from the Natural Water Well Association, and it will iljustrate these concepts that we took into account in our modeling exercises. COMMISSIONER VOLPE: What's the difference between groundwater and surface water? MR. LORENZ~ Well, groundwater is that water that's basically under the ground surface, within the ground surface. Surface water is what you see in the canals. The relationship, however, is many times in our canal systems that that surface water that you see is actually the expression of the groundwater table. But I OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 12 can show this a little bit -- if somebody could get the lights on this side, it would be a little bit helpful. These are actual box models that iljustrate the principle, iljustrate the--- it has groundwater flows. What we've done is this is a well that's put down in the ground and we've taken a section through the ground surface and looked at it edge along. This is the top of the ground here. The groundwater table is expressed by this white line, and the groundwater is moving from this particular point to this particular point downhill or down gradient. In Collier County's situation, the typical groundwater gradient would be -- this would be towards the Immokalee area and this would be along the gulf coast. That's how our groundwater flows regionally in the county. COMMISSIONER HASSE: It flows from north to south or from east to west? MR. LORENZ: Northeast to southwest. As you'll see through this dye, the dye has been injected into this groundwater system and you can see of course that it's flowing down gradient with regard to the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 13 groundwater table up here and the groundwater table here. As we start pumping the well, you start to get that characteristic curvature of the groundwater because it's actually moving downhill here. Now, this is further downhill than at this particular point with regard to pressure. And so you actually -- you actually see the effect of the pumping of the well in the groundwater system and to the point where you get a characteristic draw down curve. Now, this draw down -- what this draw down curve is showing is that right about this particular point you've got a reversal of the groundwater direction. You actually have groundwater that's going backwards to the natural gradient and you have a divide which the groundwater at this particular point is moving in this direction in Collier County towards the gulf and in this particular case the groundwater now is moving to the well. What's important about understanding this situation is that this particular, this particular curve here, we have to identify that curve if we want to try to protect OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 14 the well field because obviously -- if you've got a facility over here and the discharge is to groundwater, it's not going to get into the well, and so what we have to do is to identify through the computer modeling exactly what this zone of influence is from that pumping well. COMMISSIONER HASSE: The zoning influence, is that -- how far would you say it's generally away from this? MR. LORENZ~ Well, it varies for each particular well field. And you'll see in your well field maps that that zone varies based upon the exact -- based upon the type of groundwater system that you have in here. This is a very simplified model. It iljustrates the principles -- you know, we wish that the system was as easily modeled as this is shown. But it does depend upon each specific well field. COMMISSIONER VOLPE.. But isn't the answer to that too, though, in terms of the period of - I love this word- translucivity? MR. LORENZ: Yes, that would be the characteristics of the well -- of the well -- of the geology that the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 15 well field is developed into. So it depends upon the translucivity of the materials; it depends upon the depth of the well; depends upon the configuration of the well field; how much the wells themselves -- COMMISSIONER VOLPE~ All I was trying to ask is that the cone of influence, the area of influence will depend upon what period of time. I mean, eventually all this water is going to come, at some point, towards this well field. MR. LORENZ: Yes. George, if you can show the view graph, because I think that will iljustrate that, that discussion. At some particular point, Commissioner Volpe, -- well, in this particular slide here, this is what you're actually looking at in that box model, if you think about it. This down here is what you'd look on the surface in plan view. There is a groundwater -- potentially a groundwater divide where the influence of the well on this particular slide will show that the groundwater is moving in this direction but over here it's, of course, moving in the opposite direction. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 ¢- C 16 That has to be identified as part of the regional groundwater system and, of course, we had to go through an expensive regional modeling effort to identify these groundwater divides, what we call sometimes boundary conditions, to be able to determine what that total extent of zone of contribution is because if it was completely flat and if you pumped it forever, you'd be expanding out, but the groundwater -- actually, the groundwater system isn't flat, it's contoured and curved and so there are these divides around well fields that we have to identify. The--what we're talking about here is this zone of contribution, this ZOC, is the area whereby the groundwater when it falls on plan view will actually move to the well field. And as you can see, at this particular point where you have a divide, if it falls here, although we have a draw down, we have an influence of that well on the natural groundwater table, the groundwater's actually moving away from the well. So this Zone of Contribution, this capture zone, is the concept that we're using for our well fields. This particular slide is also set up on a very simplified what OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 17 we call water table condition. That means the well field is developed in the aquifer system here. That has a free water table surface. The well fields that we have modeled along this concept, for instance the Golden Gate City's well field out in Golden Gate City, Avatar's well field or previously called Avatar. North Naples or Quail Creek is an example of a well field that is like this. In addition, Everglades City. George, if you could take the next one. As I said, what you saw on that one previous view graph is the guidelines from EPA with regard to identifying what these terms are, this Zone of Contribution, Zone of Contribution. (C_~__~issioner Saunders entered the board room.) In 1989, we completed the computer modeling report by Dr. Vorheez (phonetic), applied those principles to Collier County's well fields and performed the computer modeling. George, if I could have the next one, please. This is actually a result of the modeling effort for the North Naples utilities well field, Quail Creek OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 18 well field. If you will, this outer boundary is that capture zone in 20 years. That's what we're calling our 20-year capture zone. So any groundwater that falls within this area will move to the well field within 20 years. So that is that Zone of Contribution that's actually computer-modeled for Collier County. And again, this -- in terms of the idealized line, this is what it would look like in that one schematic. And, of course, this is what it looks like with regard to that specific well field. The reason why you get a trending in this direction is because the groundwater gradient is higher over here than it is over here. characteristic shape. well field. That's why you see a It's just not a circle around the I wish that all well fields that we had in Collier County or the system was as simplified as those particular well fields. tha t. Of course, it's not the like This is another box model showing some similar principles that we saw before where you've got two wells OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 19 that are pumpin9 in this particular model. This particular medium here is -- if you will, has a high translucivities and it does not provide a resistance to flow. This white medium here provides a greater degree of resistance to flow. It's like a semiconfining unit. And the other material is somewhere in between. Again, we've got groundwater flow moving in this direction and you'll be able to see by the dye that, of course, the groundwater is flowing dependent upon the degree of the type of materials that you have in underlying the ground. And as you start pumping the wells, you start to exhibit a certain stress whereby you can see the change that we're getting in terms of this groundwater system to the point where even you' re starting to induce, induce groundwater upwards through some of this very tightly consol idated material. The purpose of this slide is to show that many times what we have is what's called a confining unit, a semiconfining unit. People have the impression that it's what I call a tin roof. As water hits it, it stops and it can't go through it. But actually, the water does OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 20 pass through these confining units, and in Collier County they're characterized as highly leaky. They do provide a certain resistance to flow, but water does pass through the~. Indeed, in terms of the big picture with regard to Collier County, 80 percent of the water received at the lower Tamiami through these semiconfining units is actually recharged from the water table or from the surface. So you do get that water that's going through these systems. And, of course, the greater stress that you place in the groundwater system with your wells, the more groundwater flow you can induce through these systems. So we've got to handle that particular situation with the models. And again, this is out of EPA's guidelines for delineation of wellhead protection areas and you've got this representation of some kind of confining unit; again, showing that you can induce vertical leakage through these confining units to the well field itself. We have the same kind of problem with regard to or challenge which is to determine what this Zone of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 21 Contribution is even under this particular situation. This particular situation exists with well fields such as the City of Naples' well field on Goodlette Road and out in the east, Golden Gate, the county's well field in Golden Gate Estates. And in addition, the Immokalee well fields are more characterized with these kinds of semiconfining units that they're -- of course, they're always represented nice and simply in these kinds of diagrams, but the exact thickness, the exact characteristics are not very well known all across a well field. And therefore, in terms of developing a protection strategy we have to understand what kind of uncertainties exist to help us try to map out, again, what these 20-year capture zones are for the well fields. This is going to be somewhat of a complicated view graph, but what I want to try to show is this is the, this is Goodlette Road. It's the City of Naples' Goodlette Road well field, the coastal ridge well field that runs up Goodlette Road. And our modeling efforts shows that you have a high degree of vertical leakants that is coming down through OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 5 22 this confining unit and up into the wells. In fact, it's a very interesting characteristic that as groundwater is moving from west -- excuse me, from east to west, that it actually in some cases passes over the well, moves down and up -- and back up again. It's a very complicated vertical flow condition. The computer modeling that was performed in it took that vertical leakage into account to try and identify these capture zones for the purposes of delineating wellhead protection areas. What we have to do with regard to once we have that kind of groundwater knowledge, that knowledge of the groundwater system, we have to identify what our overall protection goals are, what our policy considerations are and other technical considerations to have a well-founded, rational, technical and legally defensible ordinance. Our overall protection goal is to prevent the contamination of the groundwater at the wellhead. That's our stated goal. That is to say that we don't want to see groundwater standards being violated through some surface activity at the point of input to a particular OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 23 well field. And within that overall protection goal, we have to deal with a number of protection objectives. One of those protection objectives is reaction time. For instance, if you have a spill of a certain material, how close is too close to that well field before you have time to react and clean up that particular contamination site. Another consideration is how does the pollutants behave in the groundwater and soil system, because the tenuation or the ability of that, this groundwater system to degrade certain contaminants needs to be considered as well because you have a natural purification process going on. So we don't want to be overly restrictive with regard to groundwater protection. The other question is do we protect all or part of that Zone of Contribution? You'll see from some of our zones of how we're protecting -- we have higher degrees of protection for the Zone of Contribution that's closer to the well field. We also have a number of sites specific considerations such as the hydrogeologic setting; the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 6 24 view graphs that you saw; how the groundwater system is in Collier County and how is it different for each particular well field that we have modeled and developed maps for. You also have to understand the nature and behavior of the potential contaminants and other technical considerations. This is a little bit of a view graph, just to cue me, and what's important is all the question marks. This is an article discussing geological uncertainty and parameter uncertainty when we start doing the models. We tend to fool ourselves when we develop a lot of the computer models, and the computer models and the mathematical theoretical principles are all valid. The problem always comes is never having enough data to accurately characterize the particular well field that you' re trying to model; hence we have to make a lot of a assumptions and judgments, simplifying assumptions and conceptualizations of what's going on and everybody has to be aware that that is a typical way that you handle these kinds of conditions. Because we're dealing with groundwater, it's always OP~ICIA~ COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 6 25 a topic that because we can't see it it's a little bit mystical, but make an analogy to what we're trying to do with the Groundwater Protection Ordinance such as flood plain protection. In flood plain protection we have a series of computer models that we put data and information into those models that identify some kind of flood plain. We have to -- we recognize that all of our information and data is never completely accurate, but we use the information to develop those flood plains, boundaries, and we understand that we establish a policy decision to make, for instance, a hundred year flood plain or one percent chance in ~ny given year that that's going to occur and becomes a major policy decision and then we implement ordinances and regulations to manage our activities in our flood plains. COMMISSIONER VOLPE: Does the zone of influence become a policy decision that we make? MR. LORENZ: The zone of influence becomes a policy decision. That's correct. We've tried to -- we'll identify the rationale for why we've selected the capture zones and the rest of the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 26 zones, but that does indeed become a policy decision that the board has to make based upon the technical information that we're presenting to you. Just to give you some sense -- if you can put that up a little bit higher. Thanks. This is some raw computer output for the Golden Gate well field, the city's well field out in Golden Gate Estates. And what you see here are these are the actual wells right in the center there. They're in the north/south alignment. And these lines that are curving and spiraling into the well field are the computer's projections of how the groundwater is flowing to those wells. And what we had -- excuse me. What we had the consultant do is identify this area here is that 20-year capture zone, these lines that you can see kind of bunching up. What I've put together in terms of that yellow highlighted area is a confidence interval. That's a statistically, a statistical interval that says that there's a 75 percent chance we've calculated based upon, 75 percent chance that the true capture zone is somewhere OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 27 within that yellow band. So this gives us some sense and some feelin9 of the tightness of this band and how much confidence you have that when you actually adopt the line on the map, what does that really mean. We are recommending that we adopt the expected value. We wanted to make sure that the board was aware that this has degrees of uncertainty in it and this has some sense of uncertainty that you have or where that line is. That means that there's a 25 percent chance that the capture zone may be out here or may be in here, but that's the best we can do with trying to honestly present you the best picture of the degrees of uncertainty in the modeling effort. COMMISSIONER HASSE: That inserted that 6,000 foot mark you're representing there is an area that you have to be very cautious when you put in? MR. LORENZ: Well, the way we'll discuss it-- this particular area here is the 20-year capture zone. I think that this is probably -- this area right in here, Just because this is an older map, from this point to the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 7 28 well field, expanding this area, is the area that we're most concerned about regulating hazardous substances and hazardous materials. The rest of the area from this particular point out, which would be zone four, and I'll discuss these zones in another view graph, is an area where it provides -- we've identified as it provides recharge to the well fields and we have some minimal prohibition standards. For instance, we have now recom -- not to locate a landfill anywhere from this point inward to the well field. But we'll go through the slides with the protection zones. I'd like to try to identify this. This is what we're calling these well field risk management zones because this is the framework is to manage the risk around well fields. It's like providing insurance. How much premium, how much insurance do you purchase to protect an item? And this is the consensus of staff and the Groundwater Protection Technical Advisory Committee that these were the appropriate risk management techniques OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 29 around our well fields considering the technical data base, their uncertainties, their modeling efforts and the costs of regulation. Our well field protection risk management zones are based upon a 20-year capture zone, and again, that's the area where all groundwater moves to a well within 20 years. We've identified four zones that are established to minimize risk from sanitary hazards as well as loss of hazardous products and waste. Each zone is a specified fraction of that 20-year capture zone. Remember, one of the consider -- policy considerations is how much of that capture zone do we protect, to what degree. And again, the shape and size of the zones are different for each well field because of the differing hydrogeological characteristics that each well field cite. The protection objectives for each zone are zone one, we're looking at sanitary hazards. That's the zone that's closest to the well field itself. And there's a need to provide some degree of protection through sanitary hazards such as discharge of waste, treated OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 3O waste water or sludge disposal. This is what we're calling sanitary hazards. Zone two is established-- COMMISSIONER VOLPE: How about septic tanks? MR. LORENZ: Septic tanks we've also identified for a particular size septic tank facility. So yes, that is a sanitary hazard but we've looked at a larger size than your typical residential septic tank. But the last set of view graphs I'll show you -- we'll go down, set down each of the facilities. Zone two is a loss of petroleum products, talking about petroleum storage, gasoline stations as identified as the protection objective for zone two. In zone three we're concerned -- I should say, too, that is from the well field out to the boundary of zone two. From the well field out to the boundary of zone three, we're concerned about hazardous waste and hazardous products, mostly large quantities of those wasted products. I'll go over the threshold quantities and requirements for those. Zone four is that 20-year capture zone that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 31 establishes the extent of our -- of the well field recharge to 20-year recharge for a particular well field. Again, from zone three and four, we're not especially strict with regard to regulations, but we do have certain requirements, and I'll identify those as we go through them. In terms of procedure and process, we'll be asking the board to adopt these zones as Special Treatment or ST for the zoning maps. So therefore anyone can look at the zoning map or Development Services when an applicant comes in, can refer to the zoning map and find out which particular zone that individual is in and depending upon what type of facility the applicant has, then we'll identify the particular restrictions for that facility. Here are the composite map of all the well field protection zones, the 20-year capture zones in Collier County. This represents roughly 57 square miles of the county around these particular well fields through zone four. I have to check my notes. In the zones of what I consider more specifically restrictive zones, one, two and three, zones -- total OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 32 area of zones one, two and three is roughly 18 square miles. So we're talking about a fair amount of regulation in 18 square miles of the county through this Groundwater Protection Ordinance. COMMISSIONER VOLPE: Where's 1-75 on that map or chart, the north/south segment? MR. LORENZ: Right here. COMMISSIONER VOLPE: That's east/west, isn't it? MR. LORENZ: Right here. COMMISSIONER VOLPE: Okay. MR. LORENZ: To iljustrate the-- COMMISSIONER VOLPE= So on 1-75 you've taken in -- there's a zone of protection in one of our Activity Centers? MR. LORENZ~ Yes, that's correct. That's the -- that was an issue that was -- George, put up that other one. That was an issue that was brought up to the Planning Commission. The Pelican Bay well field is in this particular area. That is a-- and you'll hear one of the issues is Pelican Bay well field currently is not being used as a potable or drinking water supply well field; however, it OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 7 33 is permitted to be used as a potable water supply well field. It was the consensus of staff and the technical advisory committee that, and the ordinance as written, that any well field that is permitted to be used as a potable water supply well field would be listed as a protected well field, and we've had certain comments from some individuals that request that that not be the case. I think that would be some, an issue that the board needs to address. COMMISSIONER VOLPE: And the other is along Goodlette-Frank Road, -- MR. LORENZ: That's correct. COMMISSIONER VOLPE: -- the City of Naples -- MR. LORENZ: That's the City of Naples' well field. That is a particular well -- that well field-- we'll show some view graphs of it. Capture -- some of the one manufacturing park along Pine Ridge Road, and that's captured within zone three for that particular well field. COMMISSIONER HASSE: What's the possibility of salt water intrusion there? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 34 MR. LORENZ: The reason why -- if you remember that one view graph that we showed along the coastal ridge well field that exhibited such marked vertical flow was exactly because of that, because you have a salt water boundary interface there for that particular well field and it tends to force the fresh water to go further to the west as opposed to the east. And that salt water interface is actually creating again what we call a boundary condition for the purposes of the model and it forces the fresh water to be taken, drawn further and further to the east. That's why the shape of this particular protection zone is probably a little bit more unusual than the other well fields. COMMISSIONER VOLPEz Just to -- I'm going back to the other map. The -- on Manatee Road, we don't have a well field there, but we' re going to have a deep well injection and we're going to have an aquifer recovery system; at least we talked about that. I think that the same considerations that are driving the protection of our well fields could also protect where those aquifer recovery systems are. MR. LORENZz We have identified -- let me answer it OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 35 this way.. Port of the Island's well field -- let me use this as an analogy. We modeled it and it's got a capture zone, but its development with regard to where the production zone is in an aquifer system that is deep enough and has sufficient degrees of confinement in our Judgment that it is not listed as a protected well field. The aquifer storage and recovery systems that we understand utilities will be looking at will be forcing water down into some of those deeper aquifer systems and the ordinance addresses them from a standpoint that it would not be -- we do not need to take the degree of protection because of the isolation from surface activities for that kind of deeper well field. COMMISSIONER HASSE~ In the area there, the Golden Gate well fields, you have a lot of septic systems in that area. MR. LORENZ: Yes. COMMISSIONER ~ASSE: Are we adequately protected in that respect? MR. LORENZ~ We think so. We think that the individual septic tank systems for typical family residents adequately designed, constructed and maintained OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 36 according to State standards is appropriate degrees of protection for those well fields out in that area. Where we've addressed septic tank systems is for larger systems, once you get to an absorption field greater than a thousand square feet. Then that particular system functioning as simply a gravity flow through that absorption field has a higher rate of failure and hence our recommendations in the ordinance is for systems greater than a thousand square feet of absorption area have what's called a low pressure lateral system to ensure that you get adequate coverage and treatment of that septic tank affluent. So we've identified larger systems for the purpose of this ordinance. COMMISSIONER HASSE: So that singular septic system doesn't really have an impact on our well fields. MR. LORENZ: That's right. That's our judgment; that there's no need for any additional restrictions for those kinds of smaller septic tank systems. I have a series of view graphs. This is the Golden Gate City well field. As you can see, the bright orange is zone one. This is where we're addressing sanitary OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 9 37 hazards. Zone two is the -- is concerning the petroleum storage. Zone three is the hazardous products. And that very lighter colored area is where we have a higher degree of regulation. Zone four is the green area. That's the 20-year capture zone. Basically what it says is if I'm a particle of water and I'm lying about here, it'll take me 20 years to get to that well field. COMMISSIONER HASSE: What's that distance? MR. LORENZ.. This is -- from this point to this point is one mile, so that's about a mile. COMMISSIONER VOLPE, What do you do with the water treatment plant that's going to be right there? MR. LORENZ~ The water treatment plant, with regard to its own hazardous types of products it may have to treat the water, those-- those -- there is a general exemption in the ordinance so that those kinds of activities are generally exempt from the ordinance as long as the appropriate precautions are being taken so that we don't get into a situation where all of a sudden OFrICIA~ COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c 38 we can't develop the well field because of -- because we have a prohibition. COMMISSIONER VOLPE: One of the reasons why I asked the question is because obviously the new water treatment plant is right in that area and we' re talking about a deep well injection system in that area that we're talking about disposing of sludge. MR. LORENZ: Well, this particular -- this is the Golden Gate City well field. City' s -- COMMISSIONER VOLPE: This is the Golden Gate I'm sorry. Okay. This is MR. LORENZ~ But you' re still correct. where the water treatment plant is located. COMMISSIONER VOLPE: For Seven States -- I mean, for Avatar; right? MR. LORENZ: For Avatar. COMMISSIONER VOLPE: Right. Okay. MR. LORENZ: From this slide, again, this is basically the same as the view graph, but if we -- this is the water treatment plant itself, and this is where the wells are located. But if I back up, you're looking in this direction here from west to east. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 9 39 COMMISSIONER VOLPE: I confused that. I thought we were looking at the new water treatment plan. MR. LORENZ, This would be about the extent of zone one where we'd be looking at the sanitary hazards. COMMISSIONER ~ASSE: Our new water plant is not going to pump the water from anyplace in that location and there from east and in Golden Gate Estates' water source of wells, is it not? I mean, Commissioner Volpe is concerned it might affect the water. MR. LORENZ: George, is the next one the county's facility? Yes. This is the county's existing well field in Golden Gate Estates. Again, showing the same colors of bright red as zone one; yellow -- orange, zone two; yellow, zone threel and green, zone four. Again, the wells, of course, are aligned in this north/south alignment and then this east/west alignment. The county's utilities system, of course, pumps this raw water to their existing facility at -- in Golden Gate, just south of Golden Gate where you' re looking at that previous view graph. COMMISSIONER VOLPEG Well, but we're going to have OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4O a new water treatment plant. extension right there some place? sort of-- sure. Isn't Vanderbilt Beach Road Isn't that -- am I MR. LORENZ: I don't know where Mike is. I'm not This is--George, can you read that for me? MR. YILMAZ~ Golden Gate Boulevard. MR. LORENZ.' Golden Gate Boulevard is right here. This is Immokalee Road up here, I believe. COMMISSIONER VOLPE: And 951, is that on -- And 951 is much further over. We have a slide, Bill. It might show MR. LORENZ~ MR. YILMAZ~ better. COMMISSIONER VOLPE: Well, it seems as though it's outside that, all those four zones that you're talking about. miles. MR. LORENZ~ Yes, I believe it is. COMMISSIONER HASSE: Must be about five, six, seven COMMISSIONER VOLPE: That' s cot rect. MR. LORENZ: Yeah. Again, in terms of scale, this is about a mile, I think, as a section. And again, the slides here, you understand the residential character. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c 41 think this is the well field alignment along this area of residential. There is, again, single family residences and I believe this is a well. And the major concern out in this particular area would be septic tanks, but again, we feel that small residential septic tanks would not be adversely affecting the well field. The only place where there is a problem is the convenience store that's located on Wilson Boulevard has petroleum storage tanks, and they are within our zone two and there would be certain restrictions towards the future use of that particular property for petroleum storage. COMMISSIONER HASSE.. How deep are our wells out there? MR. LORENZ, Eighty -- eighty feet deep. Eighty to a hundred. This is one of the well fields that was going to have one of the greater impacts with regard to the restrictions of the ordinance. This is the Goodlette Road well field. All these smaller circles basically represent individual wells that are aligned along OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 9 l0 42 Goodlette Road and strike out over here on this east/west alignment Just around Pine Ridge Road. This is the Pine Ridge manufacturing park, so zone three basically bisects that particular area and you can see that -- you can see that again it's trending so much to the east and that's again because of the salt water boundary that exists at that particular well field. So, the shape of it is very small on this side, on the west side, but very broad on the east side. COMMISSIONER VOLPE Goodlette-Frank Road? MR. LORENZ: that it, George? Where is Pine Ridge Road and Goodlette, I believe, is here. And Pine Ridge is here. Is COMMISSIONER VOLPE: So it goes all the way along Goodlette-Frank Road to the north? MR. LORENZ: Yes. The well field or the wells themselves-- I think this is Goodlette Road. Some of the wells are actually located in the median strip of Goodlette Road and you can see one of the wells when you pull off the Golden Gate Parkway in Goodlette Road is where one of the wells are located. Some of the wells are located along this golf OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 43 course. I forget which golf course it is. But all the way down to the southern part of it, it goes all the way down to Coastland Mall. COMMISSIONER VOLPE.' How about to the north? How far north does the well field extend? MR. LORENZ: graph? No, down. George, can you pull down that view The other way. Is this -- this is Pine Ridge develol~nent up in here. I'm not sure what road that is right now. Is that Immokal ee Road? MR. HATCHER: MR. LORENZ Pine Ridge is down there. Maybe it's Vanderbilt. But it's fairly extensive alignment of wells and of course in the urban area where we would be talking about higher degrees of restriction for zones three, for the protection of this particular well field. MR. HATCHER: I think that is Vanderbilt. MR. LORENZ: The Immokalee wells, well fields three, well fields in Immokalee -- this is the airport. There is along this area, again, the more restrictive zones one, two and three are tied into this particular well field but the well field is of course located right OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 44 about there, and this does have an effect on even the county's master plan for the Immokalee airport with regard to prohibition of bulk fuel, petroleum products through zone two. As long as they can be located outside of zone two, they would be conforming to the Groundwater Protection Ordinance. Zones one, two and three, again, where we' re regulating hazardous waste and hazardous products and still allow the facility to exist but having some degrees of restrictions. COMMISSIONER VOLPE: You said that the~e are exemptions in the ordinance for existing essential services I think is what I heard you say. MR. LORENZ ~ Yes. COMMISSIONER VOLPE: Is there in the draft of the ordinance any type of a waiver that could be granted for any circ~stances? MR. LORENZ~ There is a conditional -- called conditional use or conditional permit, well field permit that can apply for, can be established for any -- and I'm going to look at Dave here and make sure I use the correct terminology, non-conforming use, but we would not OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 45 be recommending that that be used, but the mechanism does exist. COMMISSIONER VOLPE: You're going to have, I suspect, I don't know this for a fact, you may very well have an existing use within one of these zones of i nf 1 uence. MR. LORENZ: That is correct. We do have existing uses that would still be allowed to exist for the most par t. COMMISSIONER VOLPE: But are they non-conforming and therefore they cannot expand and they can't do any of that other stuff? MR. LORENZ ~ Yes. COMMISSIONER VOLPE ~ Okay. MR. LORENZ~ So this is what the Immokalee area -- again, what I'm trying to do is highlight some of the hot spots that that includes. COMMISSIONER VOLPE: I was just thinking about when you mentioned the effect it may have on the county's master plan for the Immokalee airport, I mean, we have an enterprise zone out there and we've had some anticipation of some future uses there and I just -- OPPICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c'-. c c 46 MR. LORENZ: The 'highest -- what I consider the greatest impact would be the location of the fuel storage area for the airport. The current ordinance would propose that that fuel storage area would have to be outside of zone two. And right now I believe that from the master plan that I've seen, it bi -- zone two bisects that fuel storage area. COMMISSIONER HASSE: Who establishes all these rules and controls, the state or federal government or what? MR. LORENZ~ Well, of course, this particular Groundwater Protection Ordinance, the way we've set it up is we're establishing those requirements. You know, certainly staff is recommending those requirements be established. COMMISSIONER HASSE.. We do have something we predicate our thinking on, though, do we not? MR. LORENZ~ Oh, yes. What we try to do is once you -- if you will, once you accept the concept of the well field risk management zones and the idea of how -- what I'm calling how close is too close, that risk management idea. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c c 47 The standards that we will address for the most part come from general requirements that already exist in state law or are appropriate practices with regard to protecting groundwater. It's a matter of where do we apply those practices and for what facilities. So we try not to, again, if you will, to create with regard to a lot more different requirements but we try to apply the existing requirements to two areas that we' re saying that the risks need to be managed better than doing nothing at all. C~AIRMAN GOODNIGHT: Bill, have you had the opportunity to show this map to the Immokalee Water & Sewer District? Because two of those areas is very much going to affect their spray affluent. MR. LORENZ~ Yes. I believe this area -- is it up in here? Up in here, George, is this the -- down this one here? The current sewage treatment plant in the Immokalee area for the Immokalee Water & Sewer District is located Just on the boundary of zone one. Our analysis shows that their spray irrigation field that they have permits for, this is one thing that we've listed, I think -- I OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 48 believe it's part of your executive summary package. Most of that spray field is located outside of zone one, which would be appropriate to the ordinance. A very small part of that spray field, however, would be located in zone one, but it's our understanding that that particular area exists for emergency purposes. This particular map here just shows the color coding of where those particular spray fields are in relationship to that particular well field. We have had a presentation to the Immokalee Water & Sewer District. I believe someone is supposed to be here tonight to represent the district and to clarify these points. CHAIRMAN GOODNIGHT ~ Okay. MR. LORENZ: The Groundwater Protection Ordinance itself is -- this is Just a general content outline. We spent all of our time here discussing the protected well fields, the rationale and basis for that and the risk management zones and what the basis for those are. The bulk of the ordinance, of course, provides for land development standards for a variety of facilities, potential pollutant sources. The ordinance itself OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c 49 provides for well field exemptions and conditional uses. We do have a certificate to operate program that's supplied to specific facilities; their processes and achninistrative procedures are outlined in the ordinance. There's also addressing placement of future wells and future well fields, provisions for violations and penalties and exemptions. And also, the intent is to once this ordinance is adopted, it would be incorporated into the Unified Land Development Code at some particular appropriate Juncture. This particular -- in your executive summary we have a little bit more detailed version of this summary here to discuss the variety of restrictions and requirements that are placed in a variety of facilities. And what I'd like to be able to do with this next set of view graphs is to hit the highlights, pull out some of the areas that I see that are important and will have some degree of impact, at least from our judgment, and from so~e comments that we've heard. The solid waste facilities are addressed. Disposal facilities such as the landfill, again, we're not -- we're recommending that no landfills be sited in any of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 50 the well field protection zones one, two, three and four. Future transfer facilities be prohibited in zones one, two and three. The containers that -- solid waste containers be fitted with rain-- leak proof and rain proof covers, and that comes right out of the requirements that we already have. And recycling facilities -- Does that mean I can't use my COMMISSIONER VOLPE: plastic bag any longer? MR. LORENZ: it doesn't get punctured. COMMISSIONER HASSE: That should be leak proof as long as Standard container. Optimistic. MR. LORENZ~ AS long as you're following the existing mandatory collection ordinance, you should be in good shape. The recycling facilities -- we want to promote recycling facilities, but we're going to address them here is that any facility that is handling hazardous waste and products would be prohibited from zones one, two and three. That's for future facilities. Just general recycling facilities and activities would be no OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 11 12 51 problem. Items two and three, hazardous products and hazardous waste have the -- I think they have the -- will have the greatest degree of impact for small business owners. For hazardous products and hazardous waste, too, we've tried to identify larger facilities, and therefore we have threshold values that match up to generally larger tank sizes. Hazardous product is, for instance, like a cleaning fluid or some product that has a beneficial use that a business is going to use. Its hazardous characteristics are identified through reference in the ordinance to a variety of federal definitions and requirements. But any hazardous -- a facility that has a hazardous product greater than 250 gallons of liquid or a thousand pounds of solid, there are a number of 9eneral requirements that they must meet. For instance, no discharge in the storm water systems or septic tanks. And any kind of discharge of greater than 50 gallons will have to be reported to the Pollution Control Department. In zones one, two and three, future facilities will have to have a containment plan that would require 110 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c. c 52 percent secondary containment and provisions to absorb an equivalent volume of spilled material. Secondary containment could be any kind of facility that's engineered or designed to ensure that if you have a loss of product that it's not going to get into the soil and into the groundwater system, so it's contained through again the term "secondary containment." It requires notification of disposal; requirements in event of a spill; provide for an annual inspections; and it also be part of an annual certificate to operate program. COMMISSIONER VOLPE: Don't we already have similar regulations dealing with hazardous materials? MR. LORENZ l We do not -- we're not aware of any kind of state requirement for hazardous products that we've defined in the ordinance that require secondary containment with -- close to a well field. COMMISSIONER VOLPE: I understand that, but I'm just saying you've got a small business that's a dry cleaning establishment, I thought that we either have an ordinance or independent fire districts actually have to go out and inspect and there's certain rules and OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 53 regulations. MR. LORENZ~ There are certain fire standards and codes that do exist but not necessarily match up to the secondary containment provisions that we're providing in this ordinance. COMMISSIONER VOLPE: The only reason why I ask that is that I think there are some of those and it's been confirmed in terms of the regulations with respect to the storage of the hazardous materials. If you have different standards here, then there are existing standards and I just don't remember what the ordinance or regulation was. It's going to make it very difficult, you know, for the person who is having to store or his business requires him to use these hazardous materials. MR. LORENZ: I would like to say and get a confirmed confirmation of the staff member that deals with this is that the intent of these particular ordinances or regulations are to ensure that in the event of a spill you have it properly contained and it's not going to get into the soil and into the groundwater system and in no way should be attributed to be in OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 ,r-- 54 conflict with any of the fire prevention and safety requirements. Indeed, I think we have in the ordinance that to receive a certificate to operate they have to have a fire prevention plan because they are to some degree tied together. Again, we're looking at larger facilities. Our estimate, for instance, in terms of impacts, our estimate is that 75 facilities will probably be captured by this ordinance that meet these criteria. We have the same -- basically, we have the same criteria for facilities that accumulate or generate hazardous waste. Threshold is different. A hundred and ten gallons of hazardous waste, if you will, in comparison to two hundred and fifty gallons of hazardous product. But the -- basically, the requirements are the same, and that is provide for secondary containment and absorption and notification requirements, annual inspections. COMMISSIONER HASSE: What happens if somebody say has a gasoline station someplace around here, within the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 C C C 55 zone that you're speaking of here? What happens to his gas station? MR. LORENZ: George, can you flip to the last view graph? I think it's on the last view graph. COMMISSIONER HASSE: If you're going to talk about it later, -- MR. LORENZ~ Yes, I'll be getting to that. COMMISSIONER HASSE: All right. MR. LORENZ: Okay. Just go the next one then. The other item, facilities that we're looking at is waste water treatment facilities and disposal systems. Again, think of zone one as being a hazard, a sanitary zone, and that particular zone comes out of the recommendations from EPA of restricting or regulating sanitary type hazards within what EPA calls a one-year travel time. Our zone one approximates a one-year travel time. It doesn't exactly equal, but we're using that as a basis for the -- for applying these standards to sanitary hazards. And in zone one, we are basically allowing facilities to discharge treated affluent in zone one OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 12 13 56 because think about the golf courses on Goodlette Road, and that's one reuse syste~ and that's a recharge to the well field. We're Just requiring that a high level disinfection standard be applied to reuse systems in the zone one. This is what's required by the state for affluent reuse systems. We're simply applying that definition to our zone one areas. We are recommending, however, that facilities, the siting of those facilities, the actual plant itself be prohibited within zone one. But the discharge of high disinfection treated affluent be allowed in zone one. These facilities also would be part of the certificate to operate program. COMMISSIONER VOLPE.. That's the county, isn't it? I mean, that's who's providing it, the waste water for the irrigation purposes. MR. LORENZ: We have some facilities that are not county facil -- county-owned facilities. There are certain county-owned facilities, of course, that do do that along with the city, so-- COMMISSIONER VOLPE: So this would be a requirement OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 57 not on the golf course but on -- if the golf course is purchasing the reused water. MR. LORENZ: Would have to purchase the higher level disinfection of reused water. COMMISSIONER VOLPE: And those are EPA standards, aren't they, for example, that the county has to meet? MR. LORENZ ~ Those are State -- the high level disinfection standard are State DER standards. We've used those criteria to apply to zone one. For industrial waste water facilities, we've basically broken those down into two categories. Right now we don't have any industrial facilities but we do have this provision to be able to look at that particular category. If an industrial waste water process--maybe industrial waste water would be classified as an industrial waste water facility, many times their process waste water is simply sanitary domestic waste water. And in those cases where EPA has not identified any toxic pollutants for that kind of waste water, those facilities would be allowed to discharge in zone one as long as they meet high level disinfection standards. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c c- 58 We are recommending, however, that waste water facilities, industrial waste water facilities that have toxic limits imposed upon them by EPA, that they not be allowed to discharge in zones one, two or three. So that's basically the operative requirements for industrial waste water treatment facilities in the ordinance. COMMISSIONER VOLPE: So if they're permitted and they're regulated and we don't allow them to discharge in those zones, what do they do? MR. LORENZ.. They would have -- we would not allow them to site a discharge facility within zones one, two or three. They would have to be located somewhere else. COMMISSIONER VOLPE.. And you're saying that right now we don't have any of those existing, so that's not an issue. MR. LORENZ: To my knowledge we don't have any classified for that. For waste water collection and transmission systems, we recognize that existing design standards are adequate in zones one, but we' re recommending to the ordinance that semiannual inspections for these OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 59 facilities, collection and transmission systems, be instituted for facilities that pass through zones one. Sludge disposal is another sanitary hazard. Discussion of sludge disposal gets very complicated because of the classification of sludges. What we attempted to do was that sludges that meet certain patbogen reduction standards that are specified by EPA such as milorganite (phonetic) that many people are familiar with would be allowed to be used in zone one. The other sludges, however, that do not meet the patbogen reduction standards or would not be allowed in zone one and other criteria will be applied in terms of application in zones one, two and three depending upon the metal's content and the nitrogen concentrations of the sludge. We've discussed -- n~ber seven is septic tanks. We've discussed the fact that a typical residential septic tank is going to fall below the threshold of a thousand square feet for absorption fields and that these particular facilities would not have any more requirements placed upon them of a system's zone one, but OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 ~o C\' C ¢ · ¢ C_ 6O those facilities, however, that have absorption fields greater than a thousand square feet, we're recommending that a low pressure lateral distribution system be used for the system and that a professional engineer certify that you have a two-foot separation to groundwater -- high groundwater table underlying that particular absorption field. Again, we feel that it's the larger septic tank systems, because they can't get even distribution across that absorption bed are the ones that propose a higher risk and therefore this requirement is Justified for the smaller systems, existing standards are sufficient. For septic tanks that are being used to serve industrial uses, we are requiring that a monitoring system be established for that particular facility to ensure, at least be able to monitor for the release of any kind of hazardous substances as an early warning sy stem. We've looked at storm water systems, and basically the South Florida Water Management District criteria is Judged to be adequate to manage storm water discharges in all well field protection zones. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 1:3 ].4 c c 61 Again, the storm water has a beneficial effect. That's where we get our recharge, so we don't want to get too restrictive and dry up our well fields by not allowing storm or discharge within the zones and the requirements that the water management district has with regard to quality, we feel, are appropriate. For well construction, we're recommending that locks and caps for inactive wells and monitoring wells be provided. A larger impact here is we're also recommending that all new wells, and I think the major impact here is all new residential wells, be wells that are four-inch diameter, minimum diameter. COMMISSIONER HASSE: What is the requirement now? MR. LORENZ~ Right now, two-inch wells can be installed. The problem with two-inch wells is that they' re much harder to grout, to get a seal to prevent contamination of groundwater to surface leakage or even getting interchange of the groundwater system from the different aquifers. Many of the water management districts around the state are going to a four-inch well requi rement. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c 62 COMMISSIONER HASSE~ Those who are located in our area of Collier County that are drilling wells now are going to have to go to four-inch wells, they're going to have to rerig their outfits and everything else? Is that a fact? MR. LORENZ: We've done some surveying and my understanding is that most of the contractors that are out there already drilled four-inch wells and there would be no, if you will, requirements or for the contractors to have to get all new equipment. It would be -- it's an added expense to the home owner, and we estimate that it'll have a cost increase of $600 a well to go to a four-inch well. COMMISSIONER HASSE~ Total cost, $600? MR. LORENZ z $600 more. COMMISSIONER HASSE: COMMISSIONER VOLPE: More. Maybe I missed it, but what was the reason for recommending the four-inch well? MR. LORENZ: The two-inch wells are difficult to get a seal, a grout, along the casing to get a good seal against surface water contamination. And therefore with the four-inch well you get a tighter construction OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 14 ¢ c 63 process, and our groundwater system is much better off going to a four-inch well recognizing the increased cost of $600 per well for residents. The other ite~ that the ordinance addresses is excavation and mining, the processes. And the recognition here is that a physical act of mining material out of the ground does not cause groundwater contamination or groundwater problems just by excavating it. Where our focus is is to provide standards that will divert storm water runoff from areas of the mining operation that have hazardous waste or hazardous products such as maintenance areas. Isolated -- storm water can be isolated from going directly into the open pit itself, to be handled basically by best management practices for handling fuels and other related materials. So we're not prohibiting the mining close in to the well field, but we are regulating the activities that the hazardous nature that exists around that particular excavation. For petroleum products, we've addressed it in two fashions. Commissioner Hasse, the last one is the area OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 64 where you had mentioned in terms of product storage, but with exploration, we're recommending sitin9 for exploration and drilling of petroleum wells be prohibited within zones one, two, three and four. Gail, is that correct where we're saying directional drilling is also prohibited? Through the vertical projection of those zones. Basically what you can do is locate -- my understanding is you can locate outside of a well field protection zone, drill vertically and then start the drill on a slant to where you want to drill and you're actually underneath the well field itself but you'd be about a thousand feet or so at least. So -- 3,000. So we're allowing -- we would be allowing petroleum exploration directly under a well field, but it would be at sufficient depth that it would pose virtually no risk to the well field itself. COMMISSIONER HASSE: By the same token, you're talking about drilling an oil well. MR. LORENZ ~ Cot rect. COMMISSIONER HASSE: has a gas station, the zone of influence. I'm talking about somebody who OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 15 65 MR. LORENZ.' Yes. The next one, product storage, is we are prohibiting -- in zones one and two, we' re prohibiting the location of new petroleum product storage, use or handling facilities of greater than 110 gallons of fuel. And also, if you'll -- also prohibit the expansion of any existing facilities that already exist in zones one or two. So existing facilities can exist as long as they don't expand the storage or overcome a three-foot capacity for petroleum storage. We are recognizing that we have a general exemption for emergency generators accessory to public facilities asserting a safety purpose that would be close in to a well field zone one or two, such as an emergency generator for an elevator or any other kind of emergency requirements. One of the questions can be brought up is, Does the state regulate petrole~ storage? And yes, they do. The state has a n~ber of rules and regulations with a requisite schedule, compliance schedule, but the local governments are pre-empted from adopting any regulations that regulate the design standards themselves. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 66 The only thing that local government can do is to look at it as, if you will, a land use issue to say that this particular area is not suitable for petroleum storage. And our recommendation is that when you get into zone two, if you have a spill, our records show that it takes several years to go through all the hydrogeologic studies, to go through the remedial action planning and actually implement a recovery plan to clean up a contaminated site; therefore, we are recommendin9 that new facilities do not be located within zone one or zone tWO. COMMISSIONER VOLPE: Where does propane fit into all of this? gas, can find in the ordinance. COMMISSIONER VOLPE ~ MR. LORENZ: allowed. COMMISSIONER HASSE ~ state under pressure. MR. LORENZ= Propane would be allowed since it's a It's not a liquid under certain conditions that we And chlorine? If it's a gaseous chlorine, it's Both of them are in a liquid OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 15 c= c_ ¢£ 67 ~lR. LORENZ z That's correct. But we've identified that at atmos-- is it atmospheric pressure to be a liquid? So we haven't gotten into the real technical details of it. That's why I have to look over to my s~aff who have been researching all of the material. COMMISSIONER VOLPE: How about agriculture citrus? I don't know much about those industries, but I understand that they're growing by leaps and bounds in our community, and I understand that they do some spraying and they have fertilizers and they have heavy equipment. Are they exempted from this ordinance? MR. LOREN~ When we discussed whether citrus or any other agricultural or even residential application of fertilizers and pesticides, we're not regulating the application rates of the material. What we are regulating would be the storage of quantities in excess of your threshold values that are existent in the ordinance to provide for secondary containment. It's our judgment that it's in these areas where you have large quantities of concentrated materials is really the threat to the well fields, not the application O~ICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c $8 rates. So therefore, the ordinance allows application of pesticides, fertilizers as long as the applifier, the individual applying it conforms to state and federal requirements. COMMISSIONER VOLPE: I was Just trying to get to some practical applications of this ordinance because this is the first hearing, I understand, but I was thinking about such places as Naples Fertilizer, Goodlette-Frank Road, right near one of the well fields they've got a propane tank and they store lots of fertilizer on-site. What happens to a business like that or out in Immokalee where you've got a number of large farms who have, I'm sure, huge fuel storage tanks and maybe they store fertilizer in bulk. What do you do with those kinds of operations? MR. LORENZ~ If it's liquid fertilizer, it would be covered under the ordinance; correct? MR. ~ATC~ER: The retail packaging of all the hazardous products is exempted in the ordinance. COMMISSIONER HASSE: Do you want his name? MR. HATCHER~ James Hatcher, for the record. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c 69 The fuel storage facilities, they would come under the same criteria as the gas station in Golden Gate Estates. They would not be allowed to expand their storage capacity under the existing ordinance the way it stands. COMMISSIONER VOLPE: So you're saying that there is no exemption for agricultural and citrus industries? MR. HATCHER: Not -- there's no specific ordinances for the storage of what we would define as hazardous products or hazardous waste. MR. LORENZ~ There's no, if you will, blanket exemption to that particular -- COMMISSIONER VOLPE, I don't know if that's important or not. It was Just a question I had. I don't know whether it -- MR. LORENZ~ But that bulk storage would be regulated under the requirements of the new ordinance, but not the application rates per se. CHAIRMAN GOODNIGHT: Guys, I think the only thing that's stored in bulk for more than a couple days is maybe that liquid fertilizer plant, but most of it's hauled in and they store it there and then they haul it OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 70 out to the fields. MR. LORENZ: And again, in terms of an existing facility that's in zone one, two or three, there would be requirements to provide for capability to absorb a spill. For a future facility, they would have to actually put in secondary containment as well as provide the capability to absorb the spill. So we're not necessarily prohibiting the use of -- requiring standards to minimize the risk of any kind of spills. COMMISSIONER HASSE: You did indicate that there was no increasing of the facility, did you not, -- MR. LORENZ.. That's correct. COMMISSIONER HASSE: -- because of hazardous material? MR. LORENZ z If a -- well, that's only for petrole,-- storage if you have existing -- let's say a gasoline station. I know it was brought up, an individual with the store on Wilson Boulevard. The ordinance, the way it's currently written, would not allow that facility to be expanded with regard to expansion of petroleum storage tanks or through OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 71 capacity. So the existing facility would be allowed subject to compliance with State regulations with no expansion would be allowed under zone one or two. COMMISSIONER SAUNDERS~ Bill, you may have covered this, and I apologize if you have. The -- to what extent has this issue, the Groundwater Protection Ordinance, to what degree has this been workshopped or explained to the business community that will be affected by it? MR. LORENZ~ We have one workshop with the technical advisory committee that we had a mailing list of a number of individuals to be notified of the workshop. Unfortunately we only had about three or four people from the general public. only two or three people. COMMISSIONER SAUNDERS: The Planning Commission, It looks like from the audience that the environmental community is very well represented. I'm not sure if the business community, which would be affected by this, has been represented or has some significant notice that we' re doing this. when is the second public hearing on this? MR. LORENZ: November 6th. COMMISSIONER SHANAHAN~ Two weeks from today. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c~ c- c~ 72 Bill, did I understand you to say, following up on Mr. Saunders' question, that there were 75 companies that would be affected by this ordinance that you are aware of? MR. LORENZ~ We estimate 75 businesses would fall in the classification of greater than 250 gallons and located in zones one, two and three. COMMISSIONER S~ANAHAN: Were those 75 companies invited to participate in the public hearings or public meeting? MR. LORENZ~ }~ot by name, no. COMMISSIONER SHANARAN: Don't you think that might be a good idea to let them know? COMMISSIONER HASSE: I certainly think it would be. MR. LORENZ~ We've also identified approximately 83 facilities that would be generating hazardous waste that would be -- COMMISSIONER VOLPE~ I think the point's well-made, and that's what I was trying to conceptualize here and look at the practical application of this ordinance and a couple companies came to mind, but it seems to me that as a part of the process that we ought to do something. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 16 c c' c 73 Those who have been targeted who actually staff has determined may be affected by the ordinance, some special assistance -- MR. LORENZ: We had a mailing list, a very extensive mailing list. I don't recall which organizations were listed. Dave, you may remember some of the organizations, but we haven't -- quite frankly, we haven't gotten any comment from virtually, hardly anybody from all the mail. COMMISSIONER SAUNDERS: How about the Chamber of Commerce? Have they commented on this? MR. LORENZ~ They haven't commented, but I believe they were on the list. MR. WEIGEL: I can't recall specifically, but I believe the Chamber of Commerce may have been on the list and also were a number of home owner associations; major developing, land-owning entities; property owners; also engineering firms and contractors. COMMISSIONER HASSE: How were they notified you say ? MR. WEIGEL~ They were notified by regular first class mail of the workshop that was held with the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 74 groundwater technical advisory committee, and of course there have been the other advertisements pursuant to the CCPC hearings and these hearings. County Attorney's Office had advised some work with staff consistently over the long duration of working on this to see that there were various inputs to the public both by occasional press release as well as staff participation on the radio interview programs and occasional newspaper column that wrote on it also. So we have attempted to cover the bases pretty thoroughly prior to the formal hearing that we have this evening. COMMISSIONER SAUNDERS.' Thank you. C~AIRMAN GOODNIGHTs Any other questions? MR. LORENZ~ That pretty much covers the overview with the presentation. The Planning Commission passed on it -- I believe it was five to two. The issues of the Immokalee area came up, plus the Pelican Bay well field was addressed. In your executive summary, we have also provided a fairly extensive economic and physical impact section through a companion report to try to show what the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 16 17 ¢ 75 general costs of the impacts on home owners or businesses, a range of unit costs provided in that economic, separate cover economic report in addition to the physical impact with regard to a recommended staffing pattern to institute the certificate to operate program and the annual inspections. This is depending on the board -- COMMISSIONER VOLPEr Can you, Mr. Lorenz-- MR. LORENZ: I don't know if that answers your question. COMMISSIONER VOLPEr Excuse me. Can you identify in a summary fashion where the staff views that a certain policy decision will have to be made by the board? MR. LORENZ ~ Where? COMMISSIONER VOLPEr Yeah. I mean, the zones of influence. That's a policy decision to be made. Are we talking about 20 years translucivity or are we talking about 10 years or what are -- so that you help those of us who don't have the technical expertise that you do to get us to focus on. I mean, some of the technical stuff that's -- you know, that's something that's beyond our, you know, OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 17 76 perhaps comprehension, but the policy decisions as to where they're to be made would be helpful to me. MR. LORENZ~ Staff is reco~mending the decision with regard to well field protection zones to adopt a 20-year capture zone is that boundary of zone four and the delineation of zones one, two and three, according to what we presented in regard to our protection. COMMISSIONER VOLPE.. You measure one, two, three and four? I mean, who made the determination that zone one is going to be X number of feet or X number of That's all computer modeling, is that what it months? is? MR. LORENZ: Yes. That's correct. Once we've identified that capture zone, the 20-year capture zone, then we identify the protection objectives of sanitary hazards of approximately one year; petroleum storage, two years because of the reaction time. Then those decisions then translated into the lines of the map that you see for each specific well field. I think the board needs to -- obviously it's a policy decision that the board would confirm that that's OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 17 77 the appropriate framework to develop the groundwater protection ordinance. Additionally, in terms of some of the other issues, for instance, Pelican Bay well field, because of it's somewhat a gray area whether it's actually being used versus what it is permitted to be used for, I think that's an issue that is going to need some board resolutions. Staff and the advisory committee is recommending the conservative approach since it is being permitted as a potable well field that it ought to be planned to be used as a potable well field and hence this ordinance would apply to it. COMMISSIONER VOLPE.. What's the likelihood that it will ever be used for that purpose? MR. LORENZ~ I would defer that to Mike Arnold in Utilities Division to discuss about the future plans the county would have for that well field, but I think that's an issue for the board. There is another issue for the board with regard to siting of future well fields. We're recommending that each well field not be sited such that they' re zoned, OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 17 c 78 their capture zone begin to encroach upon existing industrial zone or land. That's an area that's in the ordinance that I think the board needs to provide some attention to. The rest of the standards -- the advisory committee and staff tried to develop-- what we have is a consensus a~ to what is the most reasonable approach given the technical uncertainties, given our protection goals, given the costs to effectively manage the risks around well fields. That's a lot of technical information that goes into the ration, reasons for that, but certainly the board needs to confirm that as, when you adopt the ordinance. We have provided the board with a fairly extensive, technical report that is the foundation and the basis for the rationale of Just about all the decisions we're recommending in the ordinance. COMMISSIONER VOLPE: How about the expansion of all of the existing "non-conforming"? Is that a policy decision to be made by the board as well? MR. LORENZ~ I think -- I think yes. I think OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 79 that -- COMMISSIONER VOLPE: Staff is saying they cannot expand under any circumstances. MR. LORENZ: That's right. COMMISSIONER SHANAHAN: Bill, the costs associated with implementing the program are pretty broad, from $11,000 to $224,000 depending upon the implementation program that we select. What can -- can you just real brief on the cost and recovery of costs through fees and et cetera? MR. LORENZ.. Yes, you' re correct, Commissioner. We've identified a number of alternative plans, and basically those plans are based upon how frequent we inspect the facilities. And we are recommending that what we're calling Plan B be the plan to implement with regard to amounts of staff that would be needed to implement the program. The total cost of Plan B -- George, I don't know if I'm looking at the right numbers is roughly $175,000. Now, we also recognize that we have existing staff that we will be prioritizing for different programs and we will be applying existing staff to make up a portion of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 C-: (: ¢- (' 8O that implementation. How about the additional staff then, or how much additional money would be recommending to be captured in fees, George? HR. YILMAZ: For the record, George Yilmaz. Commissioners, if I might have a f~w minutes of yours, I can go through the financial assessment that we have provided to you with the executive summary. On page 87 of your executive summary -- COMMISSIONER HASSE: Eighty-seven? MR. YILMAZ: Yes, sir. Exhibit A. COMMISSIONER HASSE: That's in this small book? HR. YILMAZ: That's on your executive summary. As Bill mentioned, we have identified four alternatives, and each alternative has associated resource allocation as well as expected program level. An expected program level was pretty much based on the life of the program. Having an ordinance in place, we wanted to present to the board some kind of comprehensive decision making tool so that we are able to identify how reliable this program should be to protect the well fields and what OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 18 81 will be the associated costs. As you can see, Plan A identifies adjusted -- basically that's additional resources of 1.63 manager of hydrogeologist and 2.2 manager of pollution control specialist and associated total costs with that plan would be $233,000 and then the less estimated fee revenues being $133,000 and then there are some funds associated with pollution control found 114 and then subsidize total costs and then the associated program, the liability is for that alternative would be .8. I'd like to -- COMMISSIONER HASSE: I'd like to look at that, the third column, less estimated fee revenue. MR. YILMAZ: Yes, sir. COMMISSIONER HASSE: Where is most of this coming from, the individual that is using the facility in that area? MR. YILMAZ: Yes. It is designed-- that's right, sir. It's designed to compensate the program as much as feasible and as much as possible from the individuals creating the potential, being regulated parties. COMMISSIONER HASSE: Does that include those that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 82 are there now, or is this something new that's going to be imposed on our existing business fees? MR. YILMAZ~ This is designed to represent existing facilities to regulate. MR. LORENZ: But this would be a new fee that an existing business would have to pay to be able to receive this particular fee revenue so that the certificate to operate program would be as close to self-supporting as possible. The other funding source for the Pollution Control Department is the ad valorem fund, the work-release control fund. So we'd be recommending that if the board were to choose to implement the program, at some particular level that we would have a mixture of fees designed to establish that revenue to fund the program as much as possible. COMMISSIONER VOLPE: That's an annual fee of $750 that you're recommending for the 75 businesses? MR. YILMAZ: Again, Commissioner, that would be a plat for Plan B. If you choose to ask staff to implement Plan C or D, cost associated with inspection fees as a certificate to operate would be relatively lower. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 83 So the fees that is published in that publication, Just to show the algorithm and the methodology that staff utilized to come up with summaries that you have in your executive summary. COMMISSIONER VOLPE: I understand that. But for Plan B, which is the plan that the staff is recommending, as it relates to annual fees for those 75 businesses that will be issued a certificate of operation, that's a $750 fee annually; is that correct? MR. YILMAZ: That's right, sir. COMMISSIONER VOLPE: CHAIRMAN GOODNIGHT: Then we have to -- I'm sorry. COMMISSIONER SAUNDERS~ Okay. Is there any other questions? I'd like to raise one issue, I guess for us to consider perhaps at the next public hearing, but I'm wondering if the fees for this should come out of the general fund as opposed to out of assessments to the 75 business owners; the rationale obviously being that everybody in the entire community benefits from a well field protection program. And I'm not sure that it's fair to saddle the business owners with the costs of maintaining that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 19 84 program in light of the type of program. I'll just throw that out for consideration and perhaps at the next meeting we can hear some discussion on it. Obviously there's arguments both ways. MR. LORENZ: What we've set it up as is that we would be coming back to the board with a resolution some point in the future if the board so chose to create a fee schedule, but we wanted to provide the physical, the economic impact and this kind of information as you deliberate on the ordinance. COMMISSIONER SAUNDERS: Could you make a note on that particular comment concerning the general funds so that we can discuss that in the future? (]{AIRMAN GOODNIGHT: We have speakers? MS. PIKEs Yes, Madam Chairman, we have three registered speakers. The first speaker is George Risher. MR. RISHERz Hi. My name's George Risher. I own a convenience store they talked about on Wilson Boulevard and Golden Gate Boulevard. And when I built the convenience store there, there wasn't any well field there. So in effect what you're doing here now is condemning my property. You're devaluing the property. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c i~. f $5 Can't expand it. Can't sell it. They come under a different set of rules altogether if you sell it. So I don't think we've done enough studying on this. We've got to do something better than we've got here tonight. There's a lot of questions here. A lot. COMMISSIONER VOLPE: How did you get notification of this hearing? MR. RIS~ERz Pardon? COMMISSIONER VOLPE: How did you know -- MR. RISHER.. A neighbor of mine brought it to me in the paper. Nobody notified me, nothing. I'm within 600 foot of the well. COMMISSIONER VOLPE: So you didn't get any notification from the organizations that you belong to? MR. RISHER ~ No. No. COMMISSIONER SAUNDERS~ Sir, what is your name again? MR. RISHER~ George Risher. COMMISSIONER SAUNDERS: I'm sorry. George Risher? MR. RISHER: Risher, R-i-s-h-e-r. COMMISSIONER SAUNDERS: Okay. Over here. I know the sound system's a little confusing here. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 86 MR. RISHER, You have speakers behind me. COMMISSIONER SAUNDERS: Yeah, I understand. You' re not the first person who's looked back there. MR. RISHER~ But there's a lot of questions on this that I don't understand and I would like to get a complete copy of this ordinance. COMMISSIONER SAUNDERS: Yeah. You raise a very interesting point. I assume, Mr. Weigel, that there's some evaluation concerning the impact on property owners in the sense of -- MR. RISHER~ And the article in the paper didn't even tell us what time. COMMISSIONER SAUNDERS~ Okay. I assume that there's been some discussion concerning condemnation of property, whether we are in effect taking property through regulation. MR. WEIGEL~ Yeah. There's been considerable discussion about that issue and related issues; condemnation, prohibition of use of property as opposed to the regulation of use of property; limitation use of property; and each of tho~e elements of land use or restriction of land use fall within judicial guidelines OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 87 of what is a taking and what is not a taking and also the general rule of reasonability that land does not have to be permitted for every possible use that it would have if there was no regulation whatsoever, but if there is a reasonable and rational limitation placed upon the land that it is not considered a taking. COMMISSIONER SAUNDERS: Could you have someone from the County Attorney's Office speak to Mr. Risher about his particular site and what the regulation, proposed regulations -- MR. RISHER: Yeah, because they've got me scared enough now I'm going and getting an attorney in the morning. COMMISSIONER SAUNDERS: That's fine, and I would encourage you to do that. I'm not trying to discourage you from doing that, but if you would contact the County Attorney's Office, the humber's 774-8400. I'd like for that dialogue to take place, Mr. Weigel. MR. RISHER~ Who do I need to talk to? COMMISSIONER SAUNDERS: I guess it's Mr. Weigel, Dave Weigel. COMMISSIONER SHANAHAN: David Weigel. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 88 COMMISSIONER SAUNDERS: It will be your responsibility to call him. MR. RISBER: I'll call him in the morning. COMMISSIONER SAUNDERS: And then Dave, I'd like to hear your analysis concerning just those legal issues that you said have been addressed. I'd like to sometime between now and November 6th I'd like to talk to you about that. MR. WEIGEL= MR. RISBER~ have on this? COMMISSIONER SAUNDERS~ Right now we only have one more; that's on November 6th. MR. RISHER~ I don't think that's enough. COMMISSIONER SAUNDERS: Well, we're going to talk about that. That may be all there is. MR. RISHER: Thank you. MS. PIKE~ Next speaker is Gary Beardsley. MR. BEARDSLEY: For the record, my name is Gary Beardsley, I'm a resident of Collier County, a voter. I have a couple things that I think need to be brought out. One thing, and I apologize, I got here 20 That's fine. Bow many more meetings are we going to OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 2O 89 minutes late, if Bill already discussed this. This committee that's been working on this has probably been working four years. MR. LORENZ: Three. MR. BEARDSLEY~ Three or four. I mean, there's been notices out and I realize that those businesses affected need to be involved in the process, but it's not like the public in general didn't know those meetings were going on. These were noticed. The public was invited. Typically those, you know, that the public's main concern is day-to-day making a buck and trying to figure out what to do with it. So, I'm not saying that that's right or wrong, it's Just that there tends to be a little apathy in this county on involvement of these kinds of things, but I think it needs be addressed. You're right. The other thing this program didn't just spring out of the ground because some little fairy went to Bill Lorenz and said, Hey, Bill, you ought to put in an ordinance on groundwater protection. And I see a document, and again, I'm not up to date on all these documents. I see a document that says OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c c 90 economic impact of putting this ordinance in place. There's a reverse side of this. What is the economic impact to the public if they don't put it in place. And I know Commissioner Saunders has come from Dade County. I came from Dade County. I came from Broward County. And over there, they -- COMMISSIONER SAUNDEK$: Just for the record, I didn't really come from Dade County, I lived there for a while, but I came from Virginia. MR. BEARDSLEY: Okay. I came from Illinois, but I came lastly from Dade County. COMMISSIONER SAUNDERS~ I just didn't want that stigma attached that I'd come from Miami. MR. BEARDSLEY= Well, I happen to think there's a lot of good qualities over in Dade County, if we could just move it away from all the people. I happen to like the Keys and Biscayne Bay. Again, the problem is Dade County and Broward County have had to close public well fields because they were polluted. Tremendous expense to try to relocate a public well field. If we could -- everybody I think tends to look at OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 91 VCR's and you've got that little button that says "fast forward." If we could fast forward Collier County, we've got Dade County's problem. We have an opportunity now to put something in place addressing the taking issue and addressing the people that are in those places and didn't know they were going to do this, addressing that aside, and it needs to be addressed, we have an opportunity here -- and this is rare and unique that I'm up here supporting an ordinance, I'm usually condemning it's weak and everything like that. But I think Mr. Lorenz and the consultants have done an admirable job. I disagree on a few technical things, but we have an opportunity, and if we are going to be so narrow and sit here and argue over this for years to come, we're going to miss an opportunity. Again, I would like to point out the Comprehensive Land Plan that you as commissioners adopted require that this ordinance be in place by '89. Not 1991. So, we're already late in the process. I think we can seize an opportunity. The other thing that might want to be thought about is if someone happens to have a business within this OPFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 92 zone, you don't have to outright buy it. There are opportunities to buy development rights from that person. You say, Hey, you can still stay there. We'll allow you to do such and such, but we're going to buy the right of you to expand this gas station. So you have other opportunities. You don't have to outright buy it. That needs to be considered. Also, and this is my big point right here, the water management district, I remember Mr. Lorenz showed the water management district is adequately protecting storm water runoff and that kinds of things. All cons~ptive and surface water permits have to go through the water management district or it's delegated authority to the county smaller than 20 acres. All those big pies that you see split up into industrial use, rural use, irrigation use, recreational use, agricultural use, doesn't show the environment. The environment is the biggest user of water. We're talking about -- and I heard Mr. Lorenz still talk about 57 square miles of draw down. That's 57 square miles of no wetlands. Golden Gate Estates, when they dropped the water OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c 93 table out there two to three feet, the productivity dropped 50 percent. I'm from Illinois, farmer background. If I got 90 bushels per acre and somebody did something to drop my bushels per acre to 45, I'd be up here screaming. And I'm just saying we need to look at the environmental impacts in the process of looking for siting of new well fields especially and expanding existing well fields. These are all important issues that we don't even talk about. A~d I was on that committee probably for two years and Bill knows that I was hammering on what are the environmental impacts here. We seem to be addressing the public and good quality of water and that type of thing, but we're not looking at how the environment's being impacted. So I'd like to see an economic analysis, another booklet there, how is this going impact the environmental quality of what we're trying to preserve here in Collier County. Thank you. MS. PIKE~ The next speaker -- and we have three additional speakers now. The next speaker is Mike OFFICIAL CODRT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 94 Slayton. MR. SLAYTON: Good evening. Mike Slayton, for the record. I apologize if I sniffle a lot. The north wind has kicked up some Lee County dust and aggravated my allergies. I've got two policy issues I'd like to -- COMMISSIONER VOLPE: As long as it's not lethal yell(~ing it's okay. MR. SLAYTON= Not lethal yellowing. I don't know. You'd have to be the better judge of that. TWo policy issues for the board to consider. One is the omission of the surface water source for Marco Island from the protection zones. The surface water source for Marco Island is the sole potable drinking water supply down that way and through some mechanism we need to address that supply source. It's very difficult to model, and the staff has been grappling with that. It may be something that's more of a policy issue where a reasonable zone is defined as a policy issue around Marco Island water supply source, COMMISSIONER VOLPE.' You said Marco Island. Do you OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 1 95 mean Immokalee? MR. SLAYTON= 951 and 41. present form. Marco Island. The old rock pit near It's not covered by the ordinance in its The second policy issue is some way of coming to grips with existing non-conforming uses within zones one, two and three of the modeling work that's been done. And what I would suggest is that you require retrofitting remedial measures for those land uses as non-conforming land uses or a relocation of the well that is causing the draw down in that area. And to make it equitable to the property owners, you really need to develop a cost sharing mechanism to implement that. Without the remedial actions for existing non-conforming uses, you're not really protecting the resource that you want to protect. But to make it fair to the property owners, to make it equitable, you need to cost share those remedial measures or the well relocations with the affected utilities. Thank you very much. MS. PIKEs Next speaker is Brian MacKenzie followed by Fred Tarrant. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 96 MR. MacKENZIE: Good evening. For the record, my name's Brian MacKenzie. I work for Collier Resources Company. We manage the underground estates for both sides of the Collier family, and most of my concerns have been answered. The only one I really have left, and I was late in submitting comments, too, was the imposition of the special treatment overlays of the natural aquifers, natural aquifer recharge areas. Our exposure under the current prohibitions in the well field protection zones is minimal and I don't imagine you're likely to hear too much of a kick out of us over that. Those prohibitions are the prohibition of the expansion of existing exploration facilities; the directional drilling problem has been answered and the imposition of well field conditional use permitting process. Those, with the exposure that I'm looking at, are minimal. My concern relates to the special treatment overlay for a natural aquifer recharge area. In reading Articles I and II of the proposed ordinance, it's stated that these natural aquifer recharge areas are undefined. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 97 They've not been modeled. They've not been identified. They've not been mapped. In the course of our oil and gas activities, we've undertaken a great deal of hydrogeologic research for the underlying parts of the county, and my understanding of it is that an aquifer recharge area can be a very huge expanse of land. It can be a very isolated expanse of land. And in reading Articles I and II of the proposed ordinance, the same idea is evinced in there that the entire county could be a natural aquifer recharge area. My concern is that at the same time we're adopting restrictions for the groundwater protection zones, which are all right, we're going to put ourselves in the position where the same prohibitions are going to be spread on a natural aquifer recharge area that may be used, maybe. the whole county, without consideration for any of the identifying factors that we've done for the modeling, for instance, adopting the groundwater protection zones. And what I'm trying to suggest, I guess, is that we make that a separate exercise, we look at the federal standards for oil and gas exploration and production, the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 1 2 98 State standards required under the State rules and nationwide industry standards and then fit the technical need for restrictions based on the technical standards that are already out there and the technology that exists when we do it. There's a lot of -- there's been a lot of advancements relatively recently in the types of casing strings you run to protect groundwater aquifers, and in Florida it requires a minimum of three that are all cemented in place. And my suggestion is that we remove the imposition of restrictions on natural aquifer recharge areas to a separate amendment process where there is some ability to deal with it on-- COMMISSIONER VOLPE~ That was one of the earlier questions that I had and I'm thinking about the crew lands, the crew trust. I mean, you've got some well fields in that area. MR. MacKENZIE: Yes. COMMISSIONER VOLPE: This ordinance -- I mean, I don't know if that's one of those areas that would be covered under this ordinance. Is it? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 C,~) C°~ 99 MR. LORENZ: What we've done -- excuse me. What we've done in this ordinance is to basically reserve a section for natural aquifer recharge, special treatment overlay, but in which case we'd have to come back to the board and get the board to adopt a set of maps that we would develop plus adopt the standards that we go along with those set of maps, and that just hasn't been done yet. MR. MacKENZIE~ But the standard -- I'm sorry. Go ahead. KR. LORENZ I So these standards that we have in this ordinance, we're not by any means trying to imply that they're going to apply verbatim to these yet to be defined areas. MR. MacKENZIE~ Then I don't have a problem with that. But could we add some language to that that would indicate some type of research or interaction with the oil and gas industry that would -- COMMISSIONER SAUNDERS= I think you two gentlemen are in accord. Why don't you discuss that language and present that to us? MR. MacKEN~.IE~ Okay. The only other issue I had OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c,~. ¢ c c. 100 was I'm not adversarial, but the notification process I think was less than it could have been. I've been following this for quite a long time and have visited the Pollution Control Office on a fairly regular basis and gotten copies of the drafts and written comments and there's been some confusion in terms of when these meetings were and what they were to be. I thought this was an GPTAC workshop tonight before the public hearing for the ULDC and that last week's meeting had been postponed to this week. So just for what it's worth, we got our comments in and I have no further concernB, but that's something to consider then, the notification process. CHAIRMAN GOODNIGHT= Thank you. MS. PIKEs Next speaker is Fred Tarrant followed by Craig PaJer. COMMISSIONER SHANAHANs The speakers have grown, haven't they? MS. PIKE.. Yes, they have. MR. TARRANT= Thank you, Commissioners. For the record, my name is Fred Tarrant. I'm speaking as a private citizen for myself and my wife. OPFIClAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 '¸2 101 My concern is what I perceive to be the godzilla of government versus the free enterprise system. The free enterprise system is all we have, really, that separates us from the deplorable picture that we see today in the Soviet Union, but I don't need to defend or stand up or protect the free enterprise system as such because the businessmen are more than capable of protecting their own interests. But the point that brings me here is that when businesses, large, medium or small are manhandled by the politicians and their elected officials and their handy-helpers, these costs are passed right straight on down to Joe and Sally Public. They do not remain in the corporate structure. They cannot absorb it. They pass it on. So we're really talking about an ordinance that would create a charge of for permitting or licensing that is going to be levied against "businesses," which in fact is being leveled against, again, the taxpayer, the end user of the product, whatever that product is. And it Just seems to me that we' re reaching a point in this country today where you can divide the people OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 3 102 into two parts, the regulated and the unregulated. And the regulated are the taxpayers and the ordinary people that try to generate business and keep this country going. And the unregulated, those who are basically exempt from all the laws that affect the rest of the peasantry are the government organizations and officials. It was Just mentioned here, I believe, that the county water works where there are chemicals to be stored would naturally be exempt in the same way that the Congress of the United States exempts itself from all the laws that the rest of us are subject to. So I would urge extreme care and caution and going slow. We don't want disasters. We don't want spills. But it seems to me that this is something where the government again is reaching out with its long intrusive arm and saying, You are guilty unless you can prove that you're innocent. We are going to charge you a licensing fee to support another layer of the bureaucracy, another layer of the bureaucracy to see whether or not in fact you do create a dangerous hazard or a spill, at which time we will really sock it to you, and I think they should be socked if they create a spill or a hazard. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 C. C-~ 103 But the idea of charging people up front to support another layer of bureaucracy seems to me unAmerican, unconstitutional and extremely unkind, and that's all I have to say. Thank you. MS. PIKE: The next speaker is Craig Pajer, followed by Mark Morton. MR. PAJER~ Good evening. My name is Craig Pajer. I live at 2233 Royal Lane in King's Lake. I have several comments and several recommendations. My first comment is that the information contained in this draft ordinance is somewhat incomplete. There's references to the Glades well field that has been abandoned and the wells have been capped, but that information is still in the ordinance. Also, as you know, Pelican Bay well field is no longer being used as a potable supply source and that needs to be addressed. There's also other facilities that will be coming off line, particularly the North Naples Utilities' water treatment plant will be replaced. There are water lines being built now to replace that facility and you should consider whether or not that should remain in the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 104 o r di nan ce. Also, the county's been discussing the potential purchase of Avatar Utilities of Marco Island. Again, if those do take place, there should be some provision for removing those areas from the ordinance. The -- another area that has not been addressed in the ordinance is your well fiel~ expansion. You currently have bid a project to expand your well field, but that information has not been contained in the ordinance. Again, the Marco Island supply source has not been addressed as Mike Slayton mentioned. In the ordinance, it calls for an annual review of the well field risk management areas, and my concern there is that that bubble could swell and grown on an annual basis. I think it would be prudent to fix that area perhaps for a five-year time frame so that the people that are in that area know that they're affected and so for at least how long into the future they will be affected by the ordinance. My next comments are concerning waste water treatment plants. They're considered to be a sanitary OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 105 hazard. In my opinion, a waste water treatment plant is not a sanitary hazard because a treatment facility will remove 90 to 99 percent of the pollutants and the chlorine will kill the bacteria and viruses in your treatment plant affluent. The ordinance exempts septic tanks that only provide 50 percent treatment of your waste water and it also does not address the pollution in your canal system. I don't know what the water quality is of your canals, but it just seems that if you have waste water affluent that may have zero bacteria and viruses and you're discussing restricting those but you let septic tanks continue to operate and the drainage system continue to operate that there are some inconsistencies there, and I would suggest that you consider the potential of removing waste water treatment plants from this ordinance. COMMISSIONER VOLPE: Aren't they exempted? Isn't that what you said? MR. LORENZ: If they discharge within a zone one, they would have to provide for high level disinfection. COMMISSIONER VOLPE~ Which is the EPA standard, in OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 106 any event, or the State standard, isn't it? It would be the State standard for MR. LORENZ affluent reuse. MR. P~JER z The treatment plants that use affluent reuse are required to have high level disinfection now, so it's really a redundant requirement. Another concern that I have is the future location of well fields. They're precluded from being built in industrial areas, and this would have an impact on the City of Naples and the Immokalee Water & Sewer District. As you saw from the exhibit that Immokalee well field is located in an airport which is near the industrial area, I don't know what their plans for expansion are, but it could affect them. My recommendations to you are number one, to consider removing waste water treatment plants from the ordinance; and number two, to require your local portable water purveyors to project a 20-year time frame where their future well fields will be located. The county will be expandinq there some time. The other utilities will be expandinn theirs. I think it would be prudent for the citizens of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962' Collier County to know in the future what lands would be affected by this ordinance. And many times because of the rapid growth in this area we don't have adequate planning of our infrastructure facilities. I think it would be good to at least request the utilities that are in your county to come up with a master plan so you know where their well fields will be located and where this ordinance will have an impact. Thank you. COMMISSIONER VOLPE~ Bow did you get notification of this meeting this evening? MR. PAJER~ I read it in the newspaper Sunday. MS. PIKE: The next speaker is Mark Morton. MR. MORTON~ For the record, Mark Morton representing the Barron Collier companies. We have many properties that are affected by the ordinance and we'll be submitting comments for consideration prior to your November 6th board meeting. Also, we have gone through the ordinance. We've had somebody that's been following it and we have received notice as a property owner. MS. PIKE: There are no other speakers. 107 OFPICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c c 108 C~AIRM]%N GOODNIGHT: I have one comment. Would the gentleman from Snelling Wellford or -- would you mind coming to the microphone, please? The Immokalee Water & Sewer District is aware of this taking place and they sent you over here to monitor the thing. Did they have any comments about the well fields that are in their area? I guess my biggest concern is the fact that the state has permitted them and now the county's coming back and saying, you know, that this is an area of concern but still the state's given the permits for both the affluent fields and the wells. MR. REI(~: The only item that I would think about would be the airport facility. The county did have some plans to build a fueling depot at the airport site, but to my knowledge they've relocated it. If I could look at a map, I might be able to find it. From what I understand, the fueling depot is to be relocated to the other side. COMMISSIONER HASSE: Speak into the mike a little bit better. The young lady's having troubles. C~AIRM;uN GOODNIGHT: There's a mike behind -- Carl, OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 c ¢_, 109 there's behind the screen there if you can pull it off the wall. MR. REI(~: From what I understand, the fueling depot, which was in this area here, it's kind of hard to see, but it's to be relocated on the other side of the airport. The reason it's to be relocated is because of environmental issues because of gopher tortoises and scrubJays and so forth. This is something that the county's determined, the county's found out recently. That was the only concern that was of mine originally, was that particular fueling zone. C~AIRMAN GOODNIGHT: So the actual where the water and sewer plant is located and their, their affluent fields are located over there off of Ninth Street, is not going to be affected? MR. REiCh: The affluent right now is going to be treated in Section H. This is going to be the major zone. There again -- it is treated. It is chlorinated. It is disinfected along with the regulations that are required by the DER. C~AIRMAN GOODNIGHT: I agree with what Craig says. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 c c c_ 110 I think that the sewage treatment plants should be exempt, you know, if they're supposed to meet the criteria that state says and certainly ours does and Immokalee Water & Sewer District does. MR. REICM= I agree with that. CHAIRRAN GOODNIGHT: Thank you, Carl. I don't have any other questions. COMMISSIONER SHANAHAN: Bill, you'll give us a report on some of these very important questions that have been asked such as the Marco Island supply source and et cetera? MR. LORENZ ~ Yes. COMMISSIONER VOLPEt Mr. Weigel, the application of this ordinance for the City of Naples, is that addressed? I mean, because we're talking about well fields that are located within the City of Naples or are we talking about a county ordinance? MR. WEIGEL: Well, it does affect that well field area which goes into a portion of the City of Naples. And an ordinance of this nature, just like any ordinance of the county origin may affect municipality unless -- municipality enacts an ordinance that is in conflict with OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 c lll the county legislation. COMMISSIONER VOLPE: So has the City of Naples -- is the City of Naples contemplating a well field protection ordinance for its wells within its boundaries? MR. WEIGEL: I'm not aware that they are, but quite frankly, John Staiger is part of the groundwater protection advisory committee and is on the staff with the City of Naples and I think can advise you that, advise you in that regard. MR. STAIGER: Yes. For the record, John Staiger, Natural Resources Manager, City of Naples and Chairman of the Groundwater Protection Technical Advisory Committee for the last three and a half years. We're basically going to adopt this ordinance into the city. We have a comprehensive plan policy which says that we will have -- we will have a groundwater protection program in effect. COMMISSIONER VOLPE: Who do we send the bill to? MR. STAIGER: No, no, you've got to talk to the City Manager about that. We have at present a comprehensive plan has wording in it referencing the groundwater protection in the cones OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 112 of influence, and what I'm probably going to end up doing is taking these computer modeled maps and we will then sort of incorporate that into what we already have in the Comprehensive Plan. The only well field affected in the city is the Goodlette Road well field. To the best of my knowledge, we don't have any plans to expand that one. We have a consumptive use permit from the water management district right now. And over the years, the tendency has been to increase the withdrawal from the well field out in Golden Gate Estates and reduce the withdrawal from the well field in the city both for the -- to prevent salt water intrusion and also to reduce the dependency on that well field that is located in a relatively inappropriate area. COMMISSIONER VOLPE.. But in the presentation, the reason why I asked the question is that obviously there is a significant well field that runs along Goodlette-Frank Road and I think Mr. Lorenz pointed out that it does have an impact upon property outside the City of Naples, specifically the industrial property located on Pine Ridge Road. So, you can -- I mean, we OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 113 need to coordinate -- somehow we need to coordinate those efforts because we could have conflicting ordinances. MR. STAIGER: Well, the ordinance is a county ordinance, and as far as I can understand, that's going to apply within the city. The majority of that well field is in the county, so it would come under county regulation. The portion of it that's in the city is predominately in residential neighborhoods and the -- there are very few businesses affected by it in the city. One -- Just a point of information, I think there was some confusion in the audience. The retail sale of hazardous materials such as paint thinner, lighter fluid, stuff like that or fertilizers or pesticides in a hardware store or a garden supply store like, this is exempted; retail quantities, retail packages. What we're talking about regulating is the bulk storage, and in most cases many hundreds or thousands of gallons. And there aren't very many facilities in this area that store those kinds of quantities of hazardous materials in well field protection zones. COMMISSIONER VOLPE: Seventy-five. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 114 MR. STAIGER= Yeah. There are in Dade County, for instance, 75 industries in the cone of Jnfluence of one well. And one of the issues that was raised while I'm up here, what we're trying to do is basically prevent the poisoning of the drinking water supply for Collier County. In Dade County where I worked in hazardous waste management before I came to work for the city, we had poisoned the drinking water supply of a good piece of Dade County by allowing industrial siting inappropriately in well fields and well fields had to be shut down. And to drill a big supply well now costs 300 to $500,000 perhaps and it takes you as much as 20 years to get the thing permitted and on the line and producing water and piped to where your water point is. That's why we got the 20-year protection zone. So this is not a thing we're doing -- you know, it's not a frivolous effort. It takes a long time to replace a well field and it's a very, very expensive process and the best thing to do is to prevent that contamination from occurring beforehand by appropriately OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 c. 115 regulating the land use around the wells. And that, I think, is what we've done. The technical advisory committee has been working on this for a long time and it represents the agricultural industry, the consulting end of things as far as siting of residential developments. Gary Beardsley was a member for several years and I think the entire committee is unanimous in their support for this as being as user friendly and as good an ordinance as we could come up with that still protects the drinking water supply. COMMISSIONER HASSE: Mr. Staiger, first I want to compliment the committee on the work they have done. I've been aware of it for a number of years now. They've been working very hard towards the common goal of pure drinking water. Does the City of Naples anticipate maintaining that well field out in the perimeter of Goodlette Road area? MR. STAIGER: To the best of my knowledge, yes. We have a consumptive use permit that I think goes some years into the future. I don't know that the utilities department, now the public works department, has any OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 116 plans of shutting it down. We have phased out some of the wells that are closest to the coast. There are wells south of the water plant, for instance, off Fleischmann that are now used as monitoring wells. And I believe the normal practice for that well field is to pump some of those wells on a staggered basis. They're not all pumped all the time, nor are they pumped to the maximum permitted consumption. We don't withdraw that much water from that well field. But I don't anticipate the city ever abandoning it because if the single large water main that comes in from Golden Gate Estates were ever to be broken, we would then have to rely on the coastal ridge well field to provide all the drinking water for the entire Naples water supply area, which goes out to the county and includes this building, I believe. COMMISSIONER HASSE: Yes. Thank you. I couldn't-- I knew you couldn't let that go by. Nevertheless -- no, I had heard that several of the wells had been shut down for potable water usage and that's what I was referring to and that's some time ago these things have happened. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 117 MR. STAIGER~ Yeah. The expansion of the well field most recently was north up towards Carica Road up the access of the old Seaport Airline Railroad right-of-way and that's not even-- there's no roadway up to it at this point. It's a dirt road. But I think they anticipate continuing to use those on a low consumption basis. COMMISSIONER HASSE: CHAIRMAN GOODNIGHT: questions? (No response.) CHAIRMAN GOODNIGHT: hearing. COMMISSIONER HASSE ~ hearing. COMMISSIONER S[IANAHAN CHAIRMAN GOODNIGHT '. close the public hearing. aye. (A chorus of "Ayes.") CHAIRMAN GOODNIGHT: (No response. ) Just for my information. Thank you. Is there any other We need to close the public So move to close the public Second that motion. I have a motion and second to All in favor signify by saying Opposed? OFPICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 C~AIRMAN GOODNIGHT: Motion carries unanimously. The next public hearing and final public hearing will be held at 5:05 on November the 6th. We'll take a ten-minute recess and come back for the Unified Land Development Code meeting. (Proceedings concluded.) 118 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 October 23, ]991 There being no further business for the Good of the County, the meetinG was adjourned by Order of the Chair - Time: 7-35 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TRICIA ANNE GOODNiGHT~ CHAIRMAN' the Board on or as corrected March 3, 1992 119 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, Christina J. Reynoldson, Deputy Official Court Reporter and Notary Public in and for the State of Florida at Large, do hereby certify that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof; that the foregoing computer-assisted transcription, consisting of pages numbered 2 through 118, inclusive, is a true record of my Stenograph notes taken at said proceedings. Dated this 9th day of December, 1991. State of Florida My commission expires~ 3/20/93 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962