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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
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