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PINELLAS
COUNTY WELLHEAD PROTECTION ORDINANCE
Sec.
166-191. Definitions
The
following words, terms and phrases, when used
in this article, shall have the meanings ascribed
to them in this section, except where the context
clearly indicates a different meaning:
Aquifer
means a groundwater bearing geologic formation,
or formations, that contains enough saturated
permeable material to yield a minimum of 100 gallons
per minute quantities of water.
Classification
of groundwater, usage, reclassification.
All groundwater of the county is classified by
the board of county commissioners according to
designated uses as follows:
(1)
Class G-1: Potable water use, groundwater in
aquifers which has a total dissolved solids
content of less than 3,000 mg/l in an unconfined
or leaky confined aquifer and is restricted
to zones of protection around major public community
drinking water supplies, and has been classified
as G-1 by the board of county commissioners.
(2)
Class G-II: Potable water use, groundwater in
aquifers which has a total dissolved solids
content of less than 10,000 mg/l, unless otherwise
classified by the board.
(3)
Class G-III: Nonpotable water use, groundwater
in unconfined aquifers which has a total dissolved
solids content of 10,000 mg/l or greater, or
which has total dissolved solids of 3,000--10,000
mg/l and which has been classified by the board
as having no reasonable potential as a future
source of drinking water, or has been designated
by the county water system as an exempted aquifer
using the standards contained in section 17-28.130(C),
Florida Administrative Code (F.A.C.).
(4)
Class G-IV: Nonpotable water use, groundwater
in confined aquifers which has a total dissolved
solids content of 10,000 mg/l or greater.
Closure
permit means that permit required by activities
which must cease operation pursuant to the provisions
of section 166-195 of this article, the criteria
for which are set forth under section 166-196
of this article.
Completed
application means an application which includes
all materials and documents which are necessary
to support the application and which has been
accepted as complete by the county water system.
County
administrator means the county administrator
of Pinellas County or the administrator's designee.
Designated
public utility means that public utility
which has been designated by federal, state, regional
or local law, regulation, resolution, rule, ordinance
or requirement as having jurisdiction to provide
potable water or residential wastewater service
to the property on which the nonresidential activity
is located.
Discharge
to groundwater means treated or untreated
wastewater, stormwater leachate, leachate from
a solid waste facility, or leaked product generated
by the construction or operation of an installation
and discharging directly or indirectly to groundwater.
Emergency
hazardous situation means a situation which
exists whenever there is an immediate and substantial
danger to human health, safety, or welfare or
to the environment.
EPA means the United States Environmental
Protection Agency.
Facility
means main structures, accessory structures and
activities which store, handle, use or produce
regulated substances. Where contiguous facilities
exist and such facilities are separate in the
nature of the businesses, they shall remain separate
under this article.
FDEP
means the Florida Department of Environmental
Protection.
Generic
substance list means those general categories
of substances set forth in Appendix A to Ordinance
No. 90-2 and incorporated herein by reference.
This list is equivalent to the regulated substances.
Groundwater
means water that fills all the unblocked voids
of underlying material below the ground surface,
which is the upper limit of saturation, or water
which is held in the unsaturated zone by capillarity.
Laboratory
means a designated area or areas used for
testing, research, experimentation, quality control,
or prototype construction, but not used for repair
or maintenance activities (excluding laboratory
equipment), the manufacturing of products for
sale, or pilot plant testing.
Major
public community drinking water supply means
those community water systems as defined in section
17-550.200(7), F.A.C., that are permitted by consumptive
use permit to withdraw an average daily amount
of 100,000 gallons or greater of groundwater.
New
discharge means, for the purpose of the zone
of protection, a discharge from a new installation,
or a discharge for which a permit is required
which is significantly different and causing a
negative impact on groundwater, from the permit
conditions as of the effective date of the zone
of protection classification for the chemical,
microbiological, physical quality, quantity, or
point of discharge.
New
installation means, for the purpose of the
zone of protection, facilities located in areas
receiving protection through classification by
the board of county commissioners within the zone
of protection that have neither filed a complete
permit application nor received an appropriate
permit prior to the effective date of classification.
Nonresidential
activity means any activity which occurs
in any building, structure or open area which
is not used primarily as a private residence or
dwelling.
Open
interval of a well means the uncased or screened
length of the well within the saturated zone of
an aquifer.
Operating
permit means the permit required of certain
activities under section 166-195 to operate, the
criteria for which are set forth under section
166-196.
Person
means any natural person, individual, public or
private corporation, firm, association, joint
venture, partnership, municipality, governmental
agency, political subdivision, public officer,
owner, lessee, tenant or any other entity whatsoever
or any combination of such, jointly or severally.
Potable
water means water that is intended for drinking,
culinary or domestic purposes, subject to compliance
with county, state or federal drinking water standards.
Public
utility means any privately owned, municipally
owned, county-owned, special district-owned, or
state-owned system providing water or resident
wastewater service to the public which has at
least 15 service connections or regularly serves
at least 25 individuals daily for at least 60
days of the year.
Regulated
substances means those deleterious substances,
contaminants, priority pollutants (in accordance
with chapter 17-22, F.A.C.), and potable water
quality primary and secondary standards parameters
(in accordance with chapter 3, part 4, F.A.C.,
and appendices A and E), which, because of quality,
concentration, or physical, chemical, including
ignitability, corrosivity, reactiveness, synergistic,
and toxicity; or infectious characteristics, radioactivity,
mutagenicity, carcinogenicity, teratogenicity,
bioaccumulative effect, persistence, or nondegradability
in nature, or any other characteristic, may cause
significant harm to human health and the environment,
including surface water and groundwater, plants,
and animals.
Spill
means the unpermitted release or escape of a regulated
substance directly or indirectly to soils, surface
waters or groundwaters.
Underground
facilities for transportation of wastewater of
industrial chemical products means underground
facilities for transportation of waste effluent
of industrial chemical products, including piping,
sewer lines, and ducts or other conveyances designed
to transport industrial pollutants as defined
in F.S. § 376.301(12), and contaminants as
defined in F.S. § 403.031(1).
Underground
storage facility means and includes any enclosed
structure, container, tank or other enclosed stationary
devices used for storage or containment of pollutants
as defined in F.S. § 376.301(18) or any contaminant
as defined in F.S. § 403.031(1). Nothing
in this definition is intended to include septic
tanks, enclosed transformers or other similar
enclosed underground facilities.
Utility
means a public utility (power company or telephone
company) which serves the general public.
Variance
means a grant of relief to a person or entity
from the requirements of this article, which permits
construction in a manner otherwise prohibited
by this article where specific enforcement would
result in inequitable hardship. The county administrator
shall have the authority to grant variances.
Water
table means the surface between the vadose
zone and the groundwater, that surface of a body
of unconfined groundwater at which the pressure
is equal to that of the atmosphere.
Well
means a pit or hole sunk into the earth to reach
a resource of potable supply, such as water, to
be used for domestic purposes by municipalities.
Irrigation wells and privately owned wells for
domestic consumption are not included in the scope
of this article.
Wellfield
means an area of land which contains more than
one well for obtaining water.
Zone
of protection means the total area contributing
water to a well under a given set of circumstances.
This area changes over time in response to changes
in the water table or potentiometric surface,
well pumpage, and other withdrawals in the vicinity.
It is determined by the construction of a flow
net, based on potentiometric surface contours.
Zone
of protection map means the map at the scale
determined by the county administrator showing
the location on the ground of the outer limits
of the zone of protection for present and future
public potable water supply wells and wellfields
of 100,000 gallons per day or more. This zone
is described in section 166-194.
(Ord.
No. 90-2, § 3, 1-30-90; Ord. No. 90-62, §
3, 7-24-90; Ord. No. 93-12, § 2, 2-16-93)
Cross
references:Definitions generally, §
134-2.
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Sec.
166-192. Authority.
(a)
This article is adopted in compliance with, and
pursuant to, the local government comprehensive
planning and land development regulation act,
F.S. § 163.3161 et seq. This article is adopted
pursuant to the constitutional and home rule powers
of article VIII, Florida Constitution, F.S. ch.
125, and article II of the Pinellas County Home
Rule Charter.
(b)
All provisions of this article shall be effective
within the incorporated and unincorporated areas
of the county, as delineated by a zone of protection
map, and shall set restrictions, constraints and
prohibitions to protect present and future public
potable water supply wells and wellfields from
degradation by contamination from regulated substances.
(Ord.
No. 90-2, § 1, 1-30-90; Ord. No. 90-62,
§ 1, 7-24-90)
Charter
references: Conflicts between county
and municipal ordinances, §§ 2.01,
2.04.
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Sec.
166-193. Purpose and intent.
(a)
In order to properly protect existing and future
potable water supply sources within the zone of
protection area, the board of county commissioners
declares that the storage, handling, use, disposal,
or production of hazardous or toxic substances
in close proximity to public potable water supply
wells is potentially harmful to the drinking water
of the county, and that certain land uses and
activities involving regulated or generic substances
are hereby prohibited or regulated within the
defined zone of protection area.
Therefore,
the intent of this article is to protect and safeguard
the health, safety, and welfare of the residents
and visitors of the county by providing criteria
for regulating and prohibiting the use, handling,
production, disposal, and storage of certain regulated
substances which may impair present and future
public potable water supply wells and wellfields.
It
is the intent of the board of county commissioners
to augment the policies within the adopted comprehensive
plan that protect the wells and wellfields through
land use controls and environmental regulations.
It is essential to protect the environmentally
sensitive area adjacent to wells and wellfields
from disruption and encroachment in order to preserve
vital natural functions relating to water quality,
water quantity and other elements of aquatic ecosystems.
(b)
It is the intent of the county to enter into interlocal
agreements with Pasco County and Hillsborough
County to exercise jointly any power, privilege
or authority to protect from degradation all potable
water wells within the zone of protection. The
agreements shall be construed as accomplishing
a joint use of powers subject to the terms and
conditions stated in this article, in addition
to any ordinance and regulations of Pasco County
and/or Hillsborough County if the development
proposal lies within their jurisdiction.
The
agreement shall at a minimum include provisions
for administration and enforcement of label development
regulations within any area of the zone of protection
and shall be undertaken by the jurisdiction within
whose boundaries that area is located. With respect
to the issuance of any development order or development
permit within the zone of protection, the nonjurisdictional
counties shall receive notice prior to any decision
or determination on an application for development
with adequate time for the nonjurisdictional counties
to review and comment on the development permit
application.
(c)
The generic substance list attached to Ordinance
No. 90-2 and incorporated in this article as Appendix
A is provided for informational and regulatory
purposes and may be amended from time to time
by the board of county commissioners. Persons
using, handling, producing or storing a substance
on the generic list may be using, handling, producing
or storing a regulated substance as defined by
this article. Persons unsure as to whether they
are subject to this article may wish to consult
with the county water system.
(Ord.
No. 90-2, § 2, 1-30-90; Ord. No. 90-62,
§ 2, 7-24-90)
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Sec.
166-194. Maps delineating zone of protection.
(a)
The zone of protection maps developed as described
in subsection (b) are incorporated herein and
made a part of this article. These maps shall
be on file and maintained by the county administrator's
designated departments. Any amendments, additions
or deletions to such maps shall be approved by
amendment to this article pursuant to the provisions
established by F.S. § 125.66(5).
(b)
The zone of protection map is developed by the
following procedure:
(1)
The historic water level data is obtained for
each of the U.S. Geological Survey and county
water system Floridan monitor wells shown on
the zone of protection map and listed in Appendix
I.
(2)
The average water level is calculated for each
well for the period of record available for
each well.
(3)
Potentiometric surface contours are then constructed
based on these average water levels.
(4)
A flow net is then constructed across the potentiometric
contours by constructing flow lines perpendicular
to potentiometric contours.
(5)
The zone of protection is delineated by extending
a line along the convergence of those flow lines
that enter the wells or wellfields (flow lines
converge in areas of discharge and diverge in
areas of recharge).
(6)
As additional Floridan monitor wells are constructed
in the map area, this additional water level
data will be incorporated into the zone of protection
map. Accumulated annual water level data may
be evaluated annually and adjustments to the
zone of protection will be made as the data
dictates.
(7)
Measurement of the zone around a wellfield will
be established for the entire wellfield by calculating
the zone of protection for the wellfield as
a whole. In the case of unclustered wells, individual
zones of protection around each well will be
calculated.
(8)
Rebuttable presumption: Affected parties wanting
to challenge the county's determination of the
zone of protection may do so during the public
hearings by generating more precise site-specific
data concerning potentiometric levels that would
allow more accurate calculations of the zone.
(9)
The county administrator may change the zone
of protection based on reconfiguration of a
wellhead or wellfield, changes in open interval,
proper abandonment of a well pursuant to rule
17-522, F.A.C., or permitted increase in the
permitted average daily pumping rate. Such changes
in the zone of protection shall follow the requirements
as described in subsection (c) of this section.
The zone of protection may be established for
newly approved/permitted well(s) or wellfield(s),
after the appropriate hydrogeologic testing
and impact analyses have been performed in accordance
with Southwest Florida Water Management District
permitting consumptive use from the wells or
wellfields.
(c)
The zone of protection maps may be reviewed at
least on an annual basis. However, failure to
conduct such review shall not affect the validity
of the existing approved map. The basis for updating
such map may include, but is not limited to, the
following:
(1)
Changes in the technical knowledge concerning
the applicable aquifer.
(2)
Changes in pumping rates of wellfields.
(3)
Wellfield reconfiguration.
(4)
Designation of new wellfields.
(d)
In determining the location of properties and
facilities within the zones depicted on the zone
of protection map, the following rules shall apply:
(1)
Properties located partially within the zone
of protection reflected on the applicable zone
of protection maps shall be governed by the
restrictions applicable to that zone.
(2)
Where a zone of protection contour passes through
a facility, the entire facility shall be considered
to be in the more restrictive zone.
(e)
The legal description of the area of the county
zone of protection is as follows:
Commence
at the intersection of the centerline at East
Lake Road (C.R. 77) and the northern boundary
line of Pinellas County; thence run easterly along
said northern boundary line of Pinellas County
to its intersection with the eastern boundary
line of Pinellas County; thence run southerly
along said eastern boundary line of Pinellas County
to its intersection with the easterly extension
of the Florida Power Corporation right-of-way,
said intersection being 1290'+ north of the southeast
corner of Section 12, Township 28 South, Range
16 East; thence westerly along the easterly extension
of the centerline and the centerline of said Florida
Power Corporation right-of-way to its intersection
with the centerline of Tampa Road (S.R. 584);
thence northwesterly along the centerline of Tampa
Road (S.R. 584) to its intersection with the centerline
of the aforementioned East Lake Road (C.R. 77);
thence northerly along the centerline of East
Lake Road (C.R. 77) to the point of beginning.
(Ord.
No. 90-2, § 4, 1-30-90; Ord. No. 90-62,
§ 4, 7-24-90; Ord. No. 92-67, § 1,
10-27-92)
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Sec.
166-195.
Conditions of permitting, planning, and zoning
within zone of protection.
(a)
The use, handling, production, disposal, and storage
of regulated substances associated with nonresidential
activities is prohibited in the zone of protection,
except as provided under the general exemptions
and special exemptions provisions of this article
(sections 166-200 and 166-201). All existing nonresidential
activities within the zone of protection which
store, handle, use, dispose of, or produce any
regulated substance are prohibited from doing
so unless they qualify as a general exemption,
obtain a special exemption, or receive an operating
permit from the county administrator. The owners
or operators of such activities within the zone
of protection shall be notified in writing, by
certified mail, or hand delivery, within 90 days
of the effective date of this article, as to the
requirements to cease the use, handling, storage,
disposal, and production of regulated substances.
All existing nonresidential activities within
the zone of protection which store, use, handle,
or produce regulated substances shall file an
application for an operating permit, or an operating
permit with a general exemption application, or
an operating permit with special exemption application,
or a closure permit, within 90 days of receipt
of notice from the county administrator. Such
permit application shall be prepared and signed
by a professional registered engineer and a geologist
certified in the state, or either if the applicant
can demonstrate to the county administrator that
conditions will only require an engineer or a
geologist. Within 30 days of receipt of such notice,
the owner or operator shall file with the county
administrator proof of retention of such engineer
and geologist, or submit to the county administrator
a written notice to obtain either an engineer
or geologist.
(b)
Any nonresidential activity in the zone of protection
which is allowed to continue or commence in accordance
with the general exemptions or special exemptions
set forth in sections 166-200 and 166-201 shall
obtain an operating permit which shall indicate
the special conditions to be instituted and the
dates on which such conditions shall be instituted.
No expansions, modifications or alterations which
would increase the storage, handling, use or production
of regulated substances shall be permitted in
the zone of protection. An owner or operator that
is denied a special exemption shall be issued
a closure permit as part of the denial process.
Any operating permit required in this article
shall be filed with the applications for general
exemption or special exemption.
(c)
All new nonresidential discharges, new nonresidential
activities, and installations shall be prohibited
subject to conditions including but not limited
to the following:
(1)
No nonresidential installation shall discharge
into groundwater, either directly or indirectly,
any contaminant that causes a violation in the
water quality standards and criteria for the
receiving groundwater as established in chapter
17-3, part IV, F.A.C.
(2)
Discharges through natural or manmade conduits,
such as wells and sinkholes, that allow direct
contact with class G-1 and class G-2 groundwater
are prohibited, except for projects designed
to recharge aquifers with surface water of comparable
quality, or projects designed to transfer water
across or between aquifers of comparable quality
for the purpose of storage or conservation,
or residential stormwater discharging through
wet retention/detention ponds.
(3)
Industrial stormwater discharges to retention/detention
ponds are prohibited.
(4)
New discharge to groundwater of industrial waste
that contains hazardous constituents listed
in the department of environmental protection's
publication, G-1, Modified Hazardous Constituents
List (December 1, 1986), which is hereby adopted
and incorporated by reference, shall be prohibited.
(5)
There will be no new industrial land use zoning
within the zone of protection.
(6)
Construction and operation of new sanitary landfills
as defined by applicable state rules shall be
prohibited. Operation of all existing sanitary
landfills will be terminated within one year
and a permanent leachate monitoring system installed
to monitor movement of leachate.
(7)
Commercial or industrial septic tank disposal
systems are prohibited in the zone of protection.
(8)
Construction of interstate highway system is
prohibited for construction within one-half
mile of public supply wells, unless stormwater
drainage is collected and piped beyond the half-mile
radius of the wellhead. There will be no stormwater
retention within this half-mile radius around
the zone of the wellhead.
(d)
New and existing nonresidential discharge to groundwater
within the zone of protection shall comply with
the primary and secondary standards at the end
of the discharge pipe. Additionally, more stringent
monitoring requirements than the existing state
law may be implemented. More stringent monitoring
requirements may include increased monitoring
frequency, increased number of parameters, or
increased number of monitoring wells. Such determinations
will be made by the county on a case-by-case basis
by considering soil conditions, quality and volume
of the waste stream, and the point of discharge.
(1)
Stormwater discharge within the zone of protection:
Direct and indirect discharge from new stormwater
facilities serving an area ten acres or larger
with a 40 percent impervious surface excluding
building tops shall be required to monitor the
discharge to groundwater according to section
17-28.700(6), F.A.C. Such facilities may be
required to implement more stringent monitoring
requirements which may include increased monitoring
frequency, increased number of parameters, or
increased number of wells. Such determination
will be made by the county administrator on
a case-by-case basis by considering soil conditions,
quality and volume of the waste stream, and
the point of discharge.
(2)
Commercial stormwater runoff will be required
to have a double pond detention/retention system
for new facilities. The first pond will be off
line and lined to prevent leakage and be designed
to hold the first inch of runoff. Sludge from
the first pond will be disposed of in accordance
with FDEP rules and regulations. The second
retention pond will accept overflow from the
detention pond. Existing facilities will be
required to obtain an operating permit and perform
groundwater quality monitoring for groundwater
pollution.
Variance.
In order to authorize any variance to the stormwater
runoff requirements of this subsection (d)(2),
the county administrator shall consider the
following criteria:
a.
Special conditions: That special conditions
and circumstances exist which are peculiar
to the land, structure, or building involved,
including the nature of and to what extent
these special conditions and circumstances
may exist as direct results from actions by
the applicant.
b. No special privilege: That granting the
variance requested will not confer on the
applicant any special privilege that is denied
by this article to other similar lands, buildings,
or structures in the zone of protection.
c.
Unnecessary hardship: That literal interpretation
of the provisions of this article would deprive
the applicant of rights commonly enjoyed by
other properties under the terms of this article.
d.
Minimum variance necessary: That the variance
granted is the minimum variance that will
make possible the reasonable use of the land,
building, or structure.
e.
Purpose and intent compliance: That the grant
of the variance will be in harmony with the
general intent, purpose, and spirit of this
article, and with the comprehensive plan adopted
pursuant to state law.
f.
No detriment to public welfare: That such
variance will not be injurious to the area
involved or otherwise detrimental to the public
welfare.
g.
Establishing conditions or safeguards: That
in granting any variance, the county administrator
may prescribe appropriate conditions and safeguards
to ensure proper compliance with the general
spirit, purpose, and intent of this article.
Noncompliance with such conditions and safeguards,
when made a part of the terms under which
the variance is granted, shall be deemed a
violation of this article.
h.
Expiration: All variances granted by the County
Administrator shall be deemed to automatically
expire in the event a structure or use of
land which is the subject of the variance
has been discontinued.
(3)
New underground storage facilities within the
zone of protection shall meet the following
requirements:
a.
Double-walled tank and piping with a continuous
leak detection system in between the walls;
or
b.
An impervious secondary containment having
monitoring well(s) or detector located therein;
and
c.
For each of the above options, it is required
that the facility install, maintain, and monitor
a groundwater program approved by the County.
(4)
Existing underground storage facilities within
the zone of protection not meeting the construction
retrofit requirements of chapter 17-61, F.A.C.,
on the effective date of aquifer classification
as class G-1 by the Board of County Commissioners
shall be retrofitted in accordance with chapter
17-61, F.A.C., and shall also meet the requirements
for new facilities under subsection (d)(3) of
this section.
(5)
Existing underground storage facilities within
the zone of protection meeting the construction
retrofit requirements of chapter 17-61, F.A.C.,
on the effective date of aquifer classification
within the zone of protection by the Board of
County Commissioners are exempt from the requirements
above, with the exception of being required
to increase their groundwater monitoring programs.
Nothing herein shall be construed to relieve
facilities subject to chapter 17-61, F.A.C.,
requirements from complying with the requirements
of that chapter.
(6)
New underground facilities for transportation
of domestic raw wastewater within the zone of
protection shall be constructed not to allow
leakage of more than 25 gallons per inch of
pipe diameter per mile per day into the soil
or groundwater. These facilities, however, shall
not cause violations of groundwater quality
standards (as referenced in applicable state
rules).
(7)
New underground facilities for transportation
of chemical products within the zone of protection
shall be constructed to ensure no leakage into
the soil or groundwater.
(8)
Discharge to groundwater from the state department
of environmental protection approved remedial
corrective actions for contaminated sites located
within the zone of protection shall not be subject
to the G-1 discharge criteria.
(9)
New discharge to groundwater of treated domestic
waste effluent meeting domestic wastewater plant
class I reliability; daily monitoring to assure
proper treatment plant process control; and
24-hour-a-day attendance by a wastewater operator
as required by chapter 17-16, F.A.C., and under
the general supervision of a class A certified
wastewater operator, shall be allowed to operate
provided that the discharge from such plant
shall meet the groundwater criteria as specified
in section 17-520.420, F.A.C., prior to contact
with groundwater (end of pipe). Treated domestic
waste effluent discharge employing land application
shall be restricted to slow-rate infiltration
methods. At no time will an effluent disposal
area be within 500 feet of potable supply wells.
(10)
New single-family residential septic tanks will
be exempt from this article, provided they meet
the minimum criteria of one unit per two acres.
(e)
A notice to cease, or a permit or an exemption
issued under this article shall not relieve
the owner or operator of the obligation to comply
with any other applicable federal, state, regional
or local regulation, rule, ordinance or requirement,
nor shall such notice, permit, or exemption
relieve any owner or operator of any liability
for violation of such regulations, rules, ordinances
or requirements.
(Ord.
No. 90-2, § 5, 1-30-90; Ord. No. 90-62,
§ 5, 7-24-90; Ord. No. 93-12, § 2,
2-16-93)
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Sec.
166-196. Permits.
(a)
Compliance with article required. The
permit conditions shall ensure compliance with
all the prohibitions, restrictions, and requirements
as set forth in this article. Such conditions
may include, but are not limited to, monitoring
wells, periodic groundwater analysis reports,
and compliance schedules. Such conditions may
also include requirements in a closure permit
to reduce the risk in the interim of contamination
of the groundwaters, taking into account cost,
likely effectiveness and degree of risk to the
groundwater.
(b) Requirements for issuance of other permits.
(1)
No site plan approval, building permit, or certificate
of occupancy for any nonresidential activity
shall be issued by the County or any city located
within the County that would allow development
or construction in the zone of protection, that
is contrary to the restrictions and provisions
provided in this article. Permits issued in
violation of this section confirm no right or
privilege on the grantee.
(2)
The requirements and provisions of this article
shall apply immediately on February 17, 1990,
to all new nonresidential activities.
(3)
An existing activity is one for which a building
permit had been issued by the appropriate jurisdiction
prior to February 17, 1990, and which had not
expired on or before February 17, 1990, or for
which a completed building permit application
had been filed and accepted with the appropriate
jurisdiction prior to February 17, 1990. All
other activities shall be deemed new.
(4)
Any application for a nonresidential or residential
development greater than 25 units for a site
plan approval, building permit or nonresidential
development subject to review by an advisory
planning body and approval by the local governing
authority or Zoning Board of Appeals that includes
property wholly or partially within the zone
of protection of a wellfield shall include the
following:
a.
Notification by the local governing authority
of the location of the property in the zone
of protection and a notarized letter from
the applicant admitting acceptance of notification;
notification shall be prepared by the County
Administrator providing details of zones,
prohibitions, and measures required for compliance;
or
b.
Any application submitted for site plan approval
or certification of occupancy for any use
within the zone of protection shall require
certification by the County Administrator
that the use meets the applicable requirements
of this article.
(5) It shall be the duty of each local agency
to screen all applications for the zone of protection
site plans.
(6)
The County Administrator shall provide a list
to all local agencies of potentially prohibited
operations in the zone of protection.
(7)
Copies of building permits of residential activities
larger than 25 units, all nonresidential projects,
and all site plans, or nonresidential certificates
of occupancy issued for the zone of protection
shall be submitted to the County Administrator
on a weekly basis.
(c)
Change of ownership. In the event there is
a change of ownership, a new lease, or an assignment
of a lease, a sublease or any other change in
regard to the person conducting the operation
regulated, the County Administrator shall be notified
by the property owner upon payment of the appropriate
application fee and completion of processing of
an application. In the event of leasing of space,
the lessee will obtain the permit, but the property
owner will be liable for the on-site activities
relative to the conditions of the permit. The
property owner will be notified by the County
Administrator regarding the permit application
or condition.
(d)
Issuance, fees, inspections.
(1)
An application which satisfied the requirements
of the applicable zone of protection, section
166-195, and this section and, if applicable,
section 166-194, shall be approved and a permit
issued. In addition to the failure to satisfy
these requirements, the County Administrator
may deny a permit based on repeated violations
of this article.
(2)
An operating permit shall remain valid provided
the permittee is in compliance with the terms
and conditions of the permit
(3)
Permittees shall not be required to pay annual
renewal fees until March 1, 1991. Beginning
March 1, 1991, all current and future permittees
are subject to an annual renewal license fee
as adopted by the Board of County Commissioners.
(4)
The County Administrator shall have the right
to make inspections of facilities at reasonable
times to determine compliance with this article.
(5)
All of the facilities owned and/or operated
by one person, when these structures and activities
are located on contiguous parcels of property,
even where there are intervening public or private
roads, may be covered under one permit.
(e)
Requirements and liabilities.
(1)
Leakproof trays under containers, floor curbing
or other containment systems to provide secondary
liquid containment shall be installed. The containment
shall be of adequate size and design (no less
than 150 percent of container volume) to handle
all spills, leaks, overflows, and precipitation
until appropriate action can be taken. The specific
design and selection of materials shall be sufficient
to preclude any regulated substance loss to
the external environment. Containment systems
shall be sheltered so that the intrusion of
precipitation is effectively prevented. The
owner/operator may choose to provide adequate
and appropriate liquid collection methods rather
than sheltering only after approval of the design
by the County Administrator. These requirements
shall apply to all areas of use, production,
and handling, to all storage areas, to loading
and off-loading areas, and to aboveground and
underground storage areas. The containment devices
and liquid collection systems shall be certified
in the operating permit application by a professional
engineer certified in the State.
(2) Vacuum suction devices, absorbent scavenger
materials or other devices approved by the County
Administrator shall be present on-site or available
within four hours in the zone of protection
24 hours per day and seven days per week by
contract with a cleanup company approved by
the County Administrator, in sufficient magnitude
so as to control and collect the total quantity
of regulated substances present. To the degree
feasible, emergency containers shall be present
and of such capacity as to hold the total quantity
of regulated substances plus absorbent material.
The presence of such emergency collection devices
shall be certified annually in the operating
permit applications for existing activities.
Such certification for new activities shall
be provided to the County water system prior
to the presence of regulated substances on the
site. Certification shall be provided by a professional
registered engineer certified in the State.
(3)
An emergency plan shall be prepared and filed
with the operating permit application indicating
the procedures which will be followed in the
event of spillage of a regulated substance so
as to control and collect all such spilled material
in such a manner as to prevent it from reaching
any storm or sanitary drains or the ground.
(4)
A responsible person designated by the permittee
who stores, handles, uses or produces the regulated
substances shall check, on every day of operation,
for breakage or leakage or any container holding
the regulated substances. Electronic sensing
devices may be employed as part of the inspection
process, if approved by the County Administrator,
and provided the sensing system is checked daily
for malfunctions. The manner of daily inspection
shall not necessarily require physical inspection
of each container provided the location of the
containers can be inspected to a degree which
reasonably assures the County Administrator
that breakage or leakage can be de-tected by
the inspection. Monitoring records shall be
kept, submitted quarterly, and made available
to the County Administrator within 24 hours,
upon request. Quarterly, each facility will
be inspected, its monitoring procedures reviewed,
and quality water samples taken.
(5)
Procedures shall be established for the quarterly
in-house inspection and maintenance of containment
and emergency equipment. Such procedures shall
be in writing, a regular checklist and schedule
of maintenance shall be established, and a log
shall be kept of inspections and maintenance.
Such logs and records shall be available for
inspection by the County Administrator.
(6)
Any spill of a regulated substance shall be
reported by telephone to the County health unit
and designated public utility within one hour,
and the County Administrator within one hour
of discovery of the spill. Cleanup shall commence
immediately upon discovery of the spill. A full
written report including the steps taken to
contain and clean up the spill shall be submitted
to the County Administrator within 15 days of
discovery of the spill.
(7)
The County water system will establish a schedule
of raw water analysis if inspection of a facility
indicates signs of contamination, in which case
the County Administrator shall require a sampling
schedule. The analysis shall be for all substances
which are listed on the operating permit. The
analytical reports shall be prepared by a state
certified laboratory, certified for the applicable
analyses. The analytical reports shall be reviewed
by the County water system.
(8) Groundwater monitoring wells shall be provided
at the expense of the permittee in a manner,
number and location approved by the County Administrator
as shown in Appendix G, Exhibit A. Except for
existing wells found by the County Administrator
to be adequate for this provision, the required
well or wells shall be designed by a professional
registered engineer or a state certified geologist,
and installed by a state-licensed water well
contractor under the supervision of a professional
registered engineer or a state certified geologist.
On completion of well construction, a report
will be submitted by the geologist or engineer
to the County Administrator detailing final
well construction geology and a map of the facility
showing well location. Quarterly, water quality
samples shall be taken by a state certified
laboratory during the quarterly inspection of
each facility. Analytical reports prepared by
a certified laboratory of the quantity present
in each monitoring well of the regulated substances
listed in the activity’s operating permit shall
be filed at least annually, or more frequently
as determined by the County Administrator, based
upon site conditions and operations.
(9)
The County Administrator shall be notified in
writing prior to the expansion, alteration or
modification of a business or individual holding
an operating permit. Such expansion, alteration,
or modification may result from increased square
footage of production or storage capacity, or
increased quantities of regulated substances,
or changes in types of regulated substances
beyond those square footages, quantities, and
types upon which the permit was issued. Excluded
from notification prior to alteration or modification
are changes in types of regulated substances
used in a laboratory or laboratories designed
as such in the currently valid permit and which
are within the generic substances listed in
such permit based upon the generic substance
list incorporated in this article as Exhibit
A. Should a facility add new regulated substances,
it shall notify the County Administrator on
a quarterly basis of the types and quantities
of such substances added and the location of
the use, handling, storage, and production of
such substances. Any such expansion, alteration
or modification shall be in strict conformity
with this article. Further, except as provided
in this article, any existing operating permit
shall be amended to reflect the introduction
of any new regulated substances resulting from
the change. However, the introduction of any
new regulated substance shall not prevent the
revocation or revision of any existing operating
permit if, in the opinion of the County Administrator,
such introduction substantially or materially
modifies, alters or affects the conditions upon
which the existing operating permit was granted
or the ability to remain qualified as a general
exemption, if applicable, or to continue to
satisfy any conditions that have been imposed
as part of a special exemption, if applicable.
The County Administrator shall notify the permittee
in writing within 60 days of receipt of the
permittee’s notice that the County Administrator
proposes to revoke or revise the permit and
stating the grounds therefor.
(10)
Reconstruction of any portion of a structure
or building in which there is any substance
or facility subject to the provisions of this
article which is damaged by fire, vandalism,
flood, explosion, collapse, wind, war or other
catastrophe shall be in strict conformity with
this article.
(11)
All existing nonresidential activities in the
zone of protection which use, handle, store,
dispose, or produce regulated substances shall
file an application for an operating permit
within 90 days or a closure permit, general
exemption application or special exemption application
within 90 days of the receipt of written notice
from the County Administrator. Such permit application
shall be prepared and signed by a professional
registered engineer and a geologist certified
in the State, or either at the option of the
County Administrator if conditions dictate.
Within 30 days of receipt of such notice, the
owner or operator shall file with the County
Administrator proof of retention of such engineer
and geologist or submit to the County Administrator
a written notice to obtain either an engineer
or geologist, in accordance with FDEP statutes.
If application is made for an operating permit,
such a permit shall be issued or denied within
60 days of the filing of the completed application.
If the application for an operating permit is
denied, then the activity shall cease within
one year of the denial and an application for
a closure permit shall be filed within 120 days
of the denial of the operating permit.
(f)
Operating permit applications. Operating
permit applications, as a minimum, shall provide
the following information:
(1)
A list of all regulated substances and substances
on the generic substance list which are to be
stored, handled, used, disposed of, or produced
in the nonresidential activity being permitted,
including their quantities.
(2)
A detailed description of the nonresidential
activities that involve the storage, handling,
use, disposal, or production of the regulated
substances indicating the unit quantities in
which substances are contained or manipulated.
(3)
A description of the containment, the emergency
collection devices and containers and copy of
the emergency plan that will be employed to
comply with the restrictions required for the
zone of protection.
(4)
A description of the daily monitoring activities
that have been or will be instituted to comply
with the restrictions for the zone of protection.
(5)
A description of the maintenance that will be
provided for the containment facility, monitoring
system, and emergency equipment required to
comply with the restrictions of the zone of
protection.
(6)
A description of the groundwater monitoring
wells, including the latitude and longitude,
location map, construction design, geology log
and water quality analysis that have been or
will be installed and the arrangements made
or which will be made for certified quarterly
analyses for specified regulated substances
in the zone of protection.
(7)
Evidence of arrangements made with the appropriate
designated public utility for sampling analysis
of the raw water from the potable water well.
(8)
An agreement to indemnify and hold the County
harmless from any and all claims, liabilities,
causes of action, or damages arising out of
the issuance of the permit. The County shall
provide reasonable notice to the permittee of
any such claims.
(9)
The application for the operating permit shall
be filed with the County Administrator within
90 days of receipt of written notification from
the County Administrator of the requirement
for the facility to obtain an operating permit.
In the event of verification of groundwater
contamination at a facility within the zone
of protection, the Board of County Commissioners
will have the option of requiring the bond or
letter of credit with a corporate surety in
the amount required by Appendix B, incorporated
in this article, to ensure that:
a
The permittee will operate its nonresidential
activities and/or closure of such nonresidential
activities, as applicable, in accordance with
the conditions and requirements of this article
and permits issued under this article.
b.
Before a bond or letter of credit is accepted
by the County Administrator as being in compliance
with this section, the bond or letter of credit
shall be reviewed and approved by the County
Insurance and Risk Management Department and
the County Attorney's Office and shall be
filed with the Clerk of the Board of County
Commissioners. A corporate bond shall be executed
by a corporation authorized to do business
in the State as a surety. A cash bond shall
be deposited with the Clerk of the Board of
County Commissioners, who shall give receipt
therefor.
c.
Any person subject to regulation under this
article shall be liable with respect to regulated
substances emanating on or from the person's
property for all costs of removal or remedial
action incurred by the County and damages
for injury to, destruction of, or loss of
natural resources, including the reasonable
costs of assessing such injury, destruction
or loss resulting from the release or threatened
release of a regulated substance as defined
in this article. Such removal or remedial
action by the County may include, but is not
limited to, the prevention of further contamination
of groundwater, monitoring, containment, and
cleanup or disposal of regulated substances
resulting from the spilling, leaking, pumping,
pouring, emitting or dumping of any regulated
substance or material which creates an emergency
hazardous situation or is expected to create
an emergency hazardous situation.
(g)
Closure permit applications. Closure permit applications
shall provide the following information:
(1)
A schedule of events to complete the closure
of a facility that does or did store, handle,
use, dispose, or produce regulated substances.
At a minimum, the following actions shall be
addressed:
a.
Disposition of all regulated substances and
contaminated containers
b.
Cleanup of the activity and environs to preclude
leaching of unacceptable levels or residual
regulated substances into the aquifer.
c.
Certification by a professional registered
engineer or a geologist certified in the State
that disposal and cleanup have been completed
in a technically acceptable manner.
d.
An appointment for an inspection by the County
Administrator.
e.
An agreement to indemnify and hold the County
harmless from any and all claims, liabilities,
causes of action, or damages arising out of
the issuance of the permit. The County shall
provide reasonable notice to the permittee
of any such claims.
(2)
The issue of well reconfiguration shall be evaluated
by the County Administrator and the affected
public utility as an alternative to a closure
permit during the permit application process.
(3)
The County water system shall be advised in
writing of each closure permit application.
(h)
Fee schedule
(1)
The fee for an operating permit under this article
shall be as shown in Appendix C, incorporated
in this article. A late fee shall be charged
if the application for a permit or renewal is
late. The operating permit fee shall be used
to defray the cost of monitoring compliance
with this article.
(2)
The fee for a closure permit under this article
regulation shall be as shown in Appendix C.
(3)
The fee for a transfer of an operating permit
or closure permit shall be in accordance with
the fee schedule set out in Appendix C to defray
the cost of processing the transfer. Application
for transfer permit is to be made within 60
days of transfer of ownership of the activity.
(4)
The fee schedule may be revised from time to
time by resolution of the Board of County Commissioners.
(i)
Revocation or revision of permits, general
exemption or special exemption.
(1)
Any permit issued under the provisions of this
article shall not become vested in the permittee.
The County Administrator will revoke any permit
by first issuing a written notice of intent
to revoke by certified mail, return receipt
requested, or hand delivery, if he finds that
the permit holder:
a.
Has failed or refused to comply with any of
the provisions of this article, including
but not limited to permit conditions and bond
requirements in this article;
b.
Has submitted false or inaccurate information
in his application;
c.
Has failed to submit operational reports or
other information required by this article;
d.
Has refused lawful inspection; or
e.
Is subject to revocation.
(2)
The County Administrator may revise any permit
by first issuing a written notice of intent
to revise, sent by certified mail, return receipt
requested, or hand delivery.
(3)
In addition to the provisions of subsections
(i)(1) and (i)(2) of this section, within 30
days of any spill of a regulated substance in
the zone of protection, the County Administrator
shall consider revocation or revision of the
permit or revise the bond amount. Upon such
consideration the County Administrator may issue
a notice of intent to revoke or revise which
shall be subject to the provisions of section
166-199, or elect not to issue such notice.
In consideration of whether to revoke or revise
the permit, the County Administrator may consider
the intentional nature or degree of negligence,
if any, associated with the spill, and the extent
to which containment or cleanup is possible,
the nature, number and frequency of previous
spills by the permittee, and the potential degree
of harm to the groundwater and surrounding wells
due to such spill.
(4)
For any revocation or revision by the County
Administrator of a special exemption or general
exemption that requires an operating permit
as provided under the terms of this article,
the County Administrator shall issue a notice
of intent to revoke or revise which shall contain
the intent to revoke or revise both the applicable
exemption and the accompanying operating permit.
(5)
The written notice of intent to revoke or revise
shall contain the following information:
a.
The name and address of the permittee, if
any, and property owner, if different.
b. A description of the facility which is
the subject of the proposed revocation or
revision.
c.
Location of the spill, if any.
d.
Concise explanation and specific reasons for
the proposed revocation or revision.
e.
A statement that "Failure to file a petition
within 30 days after the date upon which permittee
receives written notice by certified or registered
letter to the lessor and landowner of the
intent to revoke or revise shall render the
proposed revocation or revision final and
in full force and effect."
(6)
Failure of the permittee to file a petition
shall render the proposed revocation or revision
final and in full force and effect.
(7)
Nothing in this section shall preclude or be
deemed a condition precedent to the County Administrator
seeking a temporary or permanent injunction.
(Ord.
No. 90-2, § 6, 1-30-90; Ord. No. 90-62,
§ 6, 7-24-90; Ord. No. 92-67, § 6,
10-27-92; Ord. No. 98-24, § 1, 2-10-98)
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Sec.
166-197. Powers and duties of county administrator.
(a)
The County Administrator or the administrator's
designee shall have the power and duty to:
(1)
Administer and enforce the provisions of this
article.
(2)
Investigate complaints, study and observe pollution
conditions, and make recommendations as to the
institution of action necessary to abate nuisances
caused by pollution, and as to prosecution of
any violation of this article.
(3)
Make appropriate surveys, tests, and inspections
of property, facilities, equipment, and processes
operating under the provisions of this article
to determine whether the provisions of this
article are being complied with; interact with
the state department of environmental protection,
and make recommendations for methods by which
pollution may be reduced or eliminated. Inspections
shall be conducted in accordance with subsection
(b) of this section.
(4)
Maintain, review, and supervise all operating
records required to be filed with the county
administrator by persons operating facilities
subject to the provisions of this article.
(5)
Render all possible assistance and technical
advice to persons owning and/or operating regulated
facilities, except that the county administrator
and/or his employees shall not design the facility
systems for any person.
(6)
Perform such other administrative duties as
may be assigned by the board of county commissioners.
(7)
Issue or deny permits.
(b)
Inspections shall be conducted as follows:
(1)
Any duly authorized representative of the county
administrator may, at any reasonable time, enter
and inspect for the purpose of ascertaining
the state of compliance with this article, any
property, premises, or place, except a building
which is used exclusively for a private residence,
on or at which a regulated facility is located
or is being constructed or installed or where
records which are required under this article
are kept.
(2)
Any duly authorized representative may, at reasonable
times, have access to and copy any records required
under this article; inspect any monitoring equipment
or method; sample for any hazardous material
which the owner or operator of such source may
be discharging or which may otherwise be located
on or underlying the owner's or operator's property;
and obtain any other information necessary to
determine compliance with permit conditions
or other requirements of this article.
(3)
No person shall refuse reasonable entry or access
to any authorized representative of the county
administrator who requests entry for purposes
of inspection and who presents appropriate credentials;
nor shall any person obstruct, hamper, or interfere
with any such inspection. The owner or operator
of the premises shall receive a report, if requested,
setting forth all facts found which relate to
compliance status.
(4)
Install and sample monitor wells in facilities
suspected of causing groundwater pollution.
All costs associated with these activities will
be borne by the facility if they are proved
to be the source of pollution, or the facility
is in noncompliance with its operating permit.
(Ord.
No. 90-2, § 7, 1-30-90)
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Sec.
166-198. Protection of future wellfields.
The
prohibitions and restrictions set forth in this
article and in regulations promulgated pursuant
hereto shall apply to any sites officially designated
by the board of county commissioners as future
wellfields. Such prohibitions and restrictions
shall become effective upon approval by the board
of county commissioners of the zone of protection
maps for the designated future wellfield. Prior
to final action by the board of county commissioners
in designating a future wellfield or approving
the zone of protection map for those wellfields,
all property owners and discernable operating
activities within the area affected shall receive
notice pursuant to the provisions established
by F.S. § 125.66(5).
(Ord.
No. 90-2, § 8, 1-30-90)
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Sec.
166-199. Appeals.
a)
Any applicant or permittee affected by a decision
of the county administrator in the enforcement
or interpretation of any of the terms or provisions
of this article may appeal such decision to the
board of county commissioners. Such appeal shall
be taken by filing written notice thereof with
the clerk of the board of county commissioners,
within ten days after notice of the decision of
the county administrator.
(1)
Upon receipt of a timely filed appeal, the clerk
to the board of county commissioners shall schedule
and properly notice a public hearing to be held
before the board of county commissioners as
soon as practicable.
(2)
At the public hearing, the board of county commissioners
may consider the record developed in proceedings
before the county administrator, as well as
all testimony and evidence presented at the
public hearing.
(3)
The board of county commissioners shall make
its determination based upon this record in
light of the standards and factors outlined
in this article and such other factors as the
board of county commissioners may deem relevant.
(4)
An applicant or permittee denied relief may
seek judicial review of the board of county
commissioners' determination by the timely filing
of an action in a court of competent jurisdiction.
(b)
Any person may appeal to the board of county commissioners
for the following reasons:
(1)
To appeal the county administrator's permit
conditions, denial of a permit, general exemption
or nondisclosure of a trade secret.
(2)
To appeal an intent to revoke or revise an operating
permit and a general or special exemption.
(3)
To request a special exemption. When requesting
special exemption, written petitions for relief
shall be filed with the clerk of the board of
county commissioners and the factual basis for
the relief requested. Such petitions shall include
all materials and documents which are necessary
to support the specific relief requested. Except
in the case of an application for special exemption,
a written request for relief shall be filed
with the clerk of the board of county commissioners
within 20 days after the date upon which the
petitioner receives a permit, or written notice
of an intent to revoke or revise his permit,
general exemption, or that trade secret protection
has been denied. Failure to file within 20 days
shall constitute a waiver of the person's right
to an administrative hearing. The filing of
a petition authorized by this section shall
stay all proceedings with respect to the matters
that are contained in the petition until there
is a final decision of the board of county commissioners
as provided in this section.
(c)
Hearing date
(1)
All appeals and applications shall be heard
within 45 days of the date from which the petition
and supporting data are filed with the clerk
of the board of county commissioners. An extension
of time for the hearing may be granted by the
board for good cause shown.
(2)
Notice of hearing shall be served upon the applicant
or permittee and property owner, if different,
by hand delivery or by certified mail, return
receipt requested, no less than ten days prior
to the hearing. When the owner or responsible
individuals are not present or are avoiding
service of the notice of hearing, service shall
be accomplished by posting copies of the notice
of hearing in a conspicuous place on the premises
of the facility that is the subject of the appeal.
(d)
The notice of hearing provided for in this section
shall contain the following information:
(1)
Name and address of the petitioner and property
owner, if different:
(2)
Description of the facility;
(3)
Ordinance section (of this article) or regulation
section alleged to have been the basis of the
denial or proposed revocation or revision;
(4)
Time, date and place of the hearing;
(5)
A statement that "Failure to attend may
result in an order being issued adverse to your
interest";
(6)
A statement that all parties shall be given
the opportunity to present witnesses and evidence
in support of their position; and
(7)
A statement reflecting the requirements of F.S.
ch. 286, regarding a verbatim record of the
proceedings.
(e)
In computing the period of time within which an
appeal must be taken from the permit conditions,
denial of a permit, general exemption or application
for nondisclosure or from intent to revoke or
revise a permit, general exemption or special
exemption, the day of receipt of notice of such
denial or intent to revoke or revise shall not
be included. In computing the period of time in
which the board of county commissioners must set
a hearing date, the date on which the clerk of
the board receives the written petition and accompanying
information shall not be included. In computing
the period within which notice shall be provided
prior to the hearing, the date of the hearing
shall not be included. The last day of any period
of time provided in this article shall be counted,
unless it is a Saturday, Sunday or a legal holiday,
in which event the period shall run until the
end of the next day which is neither a Saturday,
Sunday or a legal holiday. Intermediate Saturdays,
Sundays and legal holidays shall be excluded in
the computation when any period of time prescribed
in this article is less than ten days; where such
period is ten days or greater, Saturday, Sunday
and legal holidays shall be included.
(f)
Hearing procedure. The procedure for hearing of
appeals under this article shall be as follows:
(1)
All testimony shall be under oath and shall
be recorded.
(2)
If there is a proper notice of hearing as provided
in subsection (c)(2) of this section, the hearing
may proceed in the absence of the alleged petitioner
and property owner, if different.
(3)
Irrelevant, immaterial, or unduly repetitious
evidence shall be excluded, but all other evidence
of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs
shall be admissible, whether or not such evidence
shall be admissible in a trial in the courts
of the state. Any part of the evidence may be
received in written form. Hearsay evidence may
be used for the purpose of supplementing or
explaining other evidence, but it shall not
be sufficient in itself to support a finding
unless it would be admissible over objection
in civil actions.
(4)
Documentary evidence may be received in the
form of a copy or excerpt if the original is
not readily available.
(5)
The rules of privilege shall be effective to
the same extent that they are now or hereafter
may be recognized in civil actions.
(6)
Each party shall have the following rights:
a.
To be represented by counsel;
b.
To call and examine witnesses;
c.
To introduce Exhibits;
d.
To cross examine opposing witnesses on any relevant
matter, even though the matter was not covered
under direct examination;
e.
To impeach any witness, regardless of which
party called the witness to testify;
f. To rebut the evidence.
(7)
Any interested party or person whose substantial
interests are affected may make application,
and upon good cause shown, may be allowed by
the board of county commissioners to intervene
in a pending proceeding.
(8)
In an appeal of an intent to revoke or revise
a special exemption or general exemption that
also requires an operating permit under the
terms of this article, the appeal of both the
intent to revoke or revise the applicable exemption
and the accompanying permit shall be consolidated
into one hearing.
(g)
At all hearings under this article, the board
of county commissioners shall hear and consider
all facts material to the appeal or application
for special exemption and shall thereafter issue
a decision based on the competent and substantial
evidence presented at the hearing. Such decision
may affirm, reverse or modify the action or proposed
action of the county administrator.
(h)
The decision of the board of county commissioners,
as applicable, shall be the final administrative
action on behalf of the county administrator and
the county. Any person who is a party to the proceeding
before the board of county commissioners, if applicable,
may appeal to the circuit court of the county
in accordance with applicable Florida Appellate
Rules.
(Ord.
No. 89-69, § IX, 12-19-89; Ord. No. 90-62,
§ 7, 7-24-90; Ord. No. 92-67, § 7,
10-27-92)
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Sec.
166-200. General exemptions.
(a)
Facilities and activities qualifying for a general
exemption include public utilities, commercial
lawn maintenance businesses that use regulated
substances, parks, maintenance of office facilities,
and retail sales.
(1)
A general exemption application and operating
permit in compliance with the provisions of
section 166-195(d) shall be required for any
nonresidential activity claiming a general exemption
under this section and shall be filed with the
county administrator.
(2)
Such application shall contain a concise statement
by the applicant detailing the circumstances
upon which the applicant believes would entitle
him to an exemption.
(3)
A fee as listed in Exhibit C shall be filed
with the application to defray the costs of
processing such application.
(4)
Within 30 working days of receipt of an application
for general exemption, the county administrator
shall inform the applicant whether such application
contains sufficient information for a proper
determination to be made. If the application
is found to be insufficient, then the county
administrator shall provide to the applicant
a written statement by certified mail or hand
delivery requesting the additional information
required. The applicant shall inform the county
administrator within ten working days of the
date of the written statement of his intent
to furnish the information. The applicant has
30 days to furnish the required information
after so informing the county administrator.
The county administrator shall have 90 working
days from either the rendering of a sufficiency
determination or receipt of additional information
making an application sufficient to make a decision.
(b)
Existing fire, police, emergency medical services
and county emergency management center facilities
are required to obtain an operating permit and
general exemption.
(c)
Utilities as defined in this article shall be
exempt from the zone of protection prohibitions
as set forth in section 166-195(c). However, an
operating permit and special exemption shall be
obtained pursuant to section 166-195(d) for the
refueling facilities within the zone of protection.
(d)
The transportation of any regulated substance
through the zone of protection shall be exempt
from the provisions of this article, provided
the transporting motor vehicle is in continuous
transit. The transport of such substances through
existing permanent pipelines is also exempt, provided
that the currently authorized use or uses are
not changed and provided that leak detection and
monitoring as approved by the county administrator
are employed. No general exemption or operating
permit application is required except that an
operating permit is required to establish the
leak detection and monitoring requirements for
such existing pipelines.
(e)
The use in a residential vehicle, commercial lawn
service vehicle or residential lawn maintenance
equipment of any regulated substance solely as
fuel in that vehicle or equipment fuel tank or
as lubricant in that vehicle or equipment shall
be exempt from the provisions of this article.
No general exemption or operating permit application
is required.
(f)
The commercial or residential application on residential
lawn or commercial landscaping of those regulated
substances used as pesticides, herbicides, fungicides,
and rodenticides in recreation, agriculture, pest
control and aquatic weed control activities shall
be exempt from the provisions of this article,
provided that:
(1)
In the zone of protection, the application is
in strict conformity with the use requirement
as set forth in the substances' EPA registries
and as indicated on the containers in which
the substances are sold.
(2)
In the zone of protection, the application is
in strict conformity with the requirements as
set forth in F.S. chs. 482 and 487, and chapters
5E-2 and 5E-9, Florida Administrative Code.
(3)
In the zone of protection, the application of
any of the pesticides, herbicides, fungicides,
and rodenticides shall be flagged in the records
of the certified operator supervising the use.
The certified operator shall provide specific
notification in writing to the applicators under
his supervision that they are working at a site
located in the zone of protection for which
particular care is required. Records shall be
kept of the date and amount of these substances
applied at each location and such records shall
be available for inspection at reasonable times
by the county administrator.
(4)
In the zone of protection, the pesticides, herbicides,
fungicides, and rodenticides for lawn, golf
courses or agricultural application shall not
be handled during application in a quantity
exceeding 700 gallons of formulation.
(5)
All nonresidential applicators of pesticides,
herbicides, fungicides, and rodenticides who
apply those substances within the zones of protection
shall obtain an operating permit covering all
application operations under one permit using
these materials and shall comply with all the
requirements of section 166-195.
This
exemption applies only to the application of pesticides,
herbicides, fungicides, and rodenticides.
(g)
Retail sales establishments in the zone of protection
that store and handle regulated substances for
resale in their original unopened containers shall
be exempt from the prohibition in the zone of
protection provided that those establishments
obtain an operating permit pursuant to the provisions
of section 166-195.
(h)
Office uses, including the use of regulated substances
for the maintenance and cleaning of office buildings
in volumes less that ten gallons, shall be exempt
from the provisions of this article. No general
exemption or operating permit applications are
required.
(i)
The activities of constructing, repairing or maintaining
any facility or improvement on lands within the
zone of protection shall be exempt from the provisions
of this article, provided that all contractors,
subcontractors, laborers, material men and their
employees when using, handling, storing or producing
regulated substances in the zone of protection
use those applicable best management practices
set forth in Appendix D, incorporated in this
article. No general exemption or operating permit
applications are required.
(j)
Residential development greater than 25 units
shall be required to file a general exemption
application and an operating permit application
with the county administrator; however, the annual
renewal application is not required.
(Ord.
No. 89-69, § X, 12-19-89; Ord. No. 90-62,
§ 8, 7-24-90; Ord. No. 92-67, §§
8, 9, 10-27-92)
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Sec.
166-201. Special exemptions.
(a)
An affected person in the zone of protection may
petition the board of county commissioners for
a special exemption from the prohibitions and
monitoring requirements set out in section 166-195.
In order to obtain such an exemption such person
must demonstrate by a preponderance of competent,
substantial evidence that:
(1)
Special or unusual circumstances and adequate
technology exist to isolate the facility or
activity from the potable water supply.
(2)
In granting the special exemption, the board
of county commissioners may prescribe any additional
appropriate conditions and safeguards which
are necessary to protect the wellfield.
(b)
Activities claiming special exemption with adequate
technology to isolate the facility or activity
from the potable water supply and protect the
wellfield must submit:
(1)
A special exemption application claiming special
or unusual circumstances and adequate protection
technology shall be filed with the county administrator.
It shall be signed by the applicant and by a
professional engineer and certified geologist
registered in the state.
(2)
Such application shall contain a concise statement
by the applicant detailing the circumstances
which the applicant feels would entitle him
to an exemption pursuant to subsection (b)(1)
of this section.
(3)
A nonrefundable fee as listed in Exhibit C shall
be filed with the application to defray the
costs of processing such application.
(4)
The application for special exemption shall
contain but not be limited to the following
elements:
a.
A description of the situation at the site
requiring isolation from the wellfield, including:
1.
A list of the regulated substances in use
at the site;
2.
A site plan of the facility including all
storage, piping, dispensing, shipping, etc.,
facilities;
3. What operations at the facility involve
regulated substances which must be isolated
from the wellfields;
4.
The location of all operations involving
regulated substances;
5.
A sampling and analysis of the groundwater
on the site of the activity seeking a special
exemption shall be performed to the satisfaction
of the county to determine if any regulated
substances are already present which constitute
a threat to the water supply;
6.
An analysis of the affected well showing
whether or not such well is already contaminated
by any regulated substances and the extent
of such contamination;
7.
A hydrogeologic assessment of the site which
shall address, at a minimum, soil characteristics
and groundwater levels, directional flow,
and water quality and which shall be performed
by a registered geologist, certified by
the state.
b.
A technical proposal to achieve the required
isolation, including;
1.
Components to be used and their individual
functions;
2.
Systems tying the components together
3.
A discussion and documentation, such as
published technical articles, substantiating
the performance and reliability of the components
individually and the system as a whole;
if the system has not been field tested,
a discussion and laboratory test documentation
to substantiate the proposed performance
and reliability of the system;
4.
Details of the specific plans to install
the system at the site
c.
Testing procedures: If the proposed system
does not have a proven history of successful
in-field operation, it may still be proposed
using proven components. A test plan for the
system as installed shall be provided to prove
that the proposed system works in the field.
d.
A technical proposal for backup detection
of regulated substances that may elude the
isolation system and escape to outside a perimeter
to be established by the county administrator.
Such proposal shall include emergency measures
to be initiated in case of escape of regulated
substances.
e.
Criteria for success: Site-specific, system
performance criteria shall be proposed to
ascertain the success of the system. Such
criteria shall include but shall not be limited
to:
1.
Performance;
2.
Reliability;
3.
Level of maintenance;
4.
Level of sensitivity to regulated substances;
5.
Effect of rain, flood, power failure or
other natural disaster.
f.
Precautions in event of failure: The applicant
shall provide information on the on-site availability
of substance removal technologies sufficient
to remediate any introduction of regulated
substances into the water table at the site.
Where water is removed from on-site wells
during the remedial process, a plan shall
be proposed for the disposal of such water.
g.
A closure plan shall be provided in the event
the system does not prove successful in the
testing required by subsection (b)(4)c of
this section.
h.
Any other reasonable information deemed necessary
by the county water system due to site-specific
circumstances.
(5)
Within 30 working days of receipt of an application
for special exemption, the county administrator
shall inform the applicant whether such application
contains sufficient information for a proper determination
to be made. If the application is found to be
insufficient, then the county administrator shall
provide to the applicant a written statement by
certified mail or hand delivery requesting the
additional information required. The applicant
shall inform the county administrator within ten
working days of the date of the written statement
of his intent to furnish the information. The
applicant has 30 days to furnish the required
information or have the application processed
as it stands. At the end of such 30-day period,
the county administrator shall have 14 days to
inform the board of county commissioners of such
application and shall transfer all information
accompanying the application to the board of county
commissioners, who shall then proceed with the
hearing procedures as provided under section 166-199.
(c)
Granting special exemptions:
(1)
Any special exemption to this article granted
by the board of county commissioners shall be
subject to the applicable conditions of sections
166-195 and 166-196 and any other reasonable
and necessary special conditions imposed by
the board of county commissioners. An operating
permit shall be issued by the department with
the applicable conditions of sections 166-195
and 166-196 and any other reasonable and necessary
special conditions imposed by the board of county
commissioners. Such special exemptions shall
be subject to revocation or revision by the
department for violation of any condition of
such special exemption by first issuing a written
notice of intent to revoke or revise by certified
mail, return receipt requested, or hand delivery.
Upon revocation or revision, the activity will
immediately be subject to the enforcement provisions
of this article.
(2)
Special exemptions for the zone of protection
are for existing nonresidential facilities only.
No new nonresidential activity shall be permitted
into the zone of protection after February 17,
1990, if the new nonresidential facility stores,
handles, produces, disposes of, or uses any
regulated substance.
(Ord.
No. 89-69, § XI, 12-19-89; Ord. No. 90-62,
§ 9, 7-24-90; Ord. No. 92-67, § 7,
10-27-92)
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Sec.
166-202. Trade secrets.
The
department shall not disclose any trade secrets
of the permittee under this article that are exempted
from such disclosure by federal or state law;
provided, however, that the burden shall be on
the permittee to demonstrate entitlement to such
nondisclosure. Decisions by the county administrator
as to such entitlement shall be subject to challenge
by the permittee by filing a petition with the
county administrator pursuant to section 166-199.
(Ord.
No. 89-69, § XII, 12-19-89; Ord. No. 90-62,
§ 10, 7-24-90)
Secs. 166-203--166-240. Reserved.
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