HomeMy WebLinkAboutEC 89-03
n•~' BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST. LUCI E COUNTY, FLORIDA
ENVIRONMENTAL CONTROL ORDINANCE NUMBER EC-89-03
AN ORDINANCE PROVIDING FOR THE INTERIM PROTECTION OF PUBLIC
WATER SUPPLY WELLS; PROVIDING FOR A TITLE, APPLICABILITY, AND
CONSTRUCTION; PROVI DING FOR LEGISLATIVE I NTENT; PROVIDING FOR
DEFINITIONS; PROVIDING FOR ADMI NI STRATI VE REGULATION; PROVIDING
FOR MAPS DELINEATING REGULATED AREAS; PROVI DING FOR PROHI BI TI ONS
WI THI N REGULATED AREAS; PROVIDING FOR THE PROTECTION OF FUTURE
PUBLI C WATER SUPPLY WELLS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABI LI TY, AND APPLI CABI LI TY; PROVI DING FOR FI LI NG
WITH THE DEPARTMENT OF STATE, DEPARTMENT OF ENVIRONMENTAL
REGULATION, DEPARTMENT OF COMMUNITY AFFAIRS, AND TREASURE COAST
REGIONAL PLANNING COUNCI L; PROVI DING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR CODIFICATION.
WHEREAS, it is a policy of the state that the. citizens of
Florida shall be assured of the availability of safe drinking
water (Florida Safe Drinking Water Act, Chapter 403, Part VI,
Florida Statutes) and it is a policy of the state to ensure that
the existing and potential drinking water resources of the state
remain free from harmful quantities of contaminants (Florida Air
and Water Pollution Control Act (Chapter 403, Part I, Florida
Statutes);
WHEREAS, State officials have been charged by the Federal
Safe Drinking Water Act Amendments of 1986 to develop programs of
wellhead protection;
WHEREAS, local officials of each county and municipality
have been encouraged by the Florida Air and Water Pollution
Control Act to handle pollution problems within their respective
jurisdictions on a cooperative basis with the state and by the
Local Government Comprehensive Planning and Land Development
Regulation Act (Chapter 163, Part II, Florida Statutes) to
develop and maintain a wellfield protection program through the
use of an ordinance or other regulations;
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. ~ .
• WHEREAS, existing and planned waterwells and cones of
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' influence where applicable shall be identified and depicted on
the County's existing and future land use maps, pursuant to
Chapter 163.3177(6)(d)(1), Florida Statutes, and Chapters 9J-
5.OO6(1)(b)(1) and 9J-5.OO6(4)(b)(1), Florida Administrative
Code;
WHEREAS, the County's Future Land Use Element shall contain
an objective which ensures the protection of existing and
planned waterwells and cones of influence and a policy which
addresses implementation activities for the protection of potable
water wellfields pursuant to Chapters 9J-5.OO6(3)(b)(4) and 9J-
5.OO6(3)(c)(6), Florida Administrative Code, respectively;
WHEREAS, the County's Conservation Element shall contain an
objective which appropriately protects the quality. and ..quantity
of current and projected water sources and a policy which
addresses implementation activities for the protection. of water
quality by restricting activities known to adversely affect the
quality and quantity of identified water sources including
existing cones of influence, water recharge areas, and waterwells
pursuant to Chapters 9J-5.O13(2)(b)(2) and 9J-5.O13(2)(c)(1),
Florida Administrative Code, respectively;
WHEREAS, within one year after submission of the County's
revised comprehensive plan to the state land planning agency for
review, land development regulations shall be adopted or amended
and enforced that are consistent with and implement the County's
adopted comprehensive plan pursuant to Chapter 163. 3202 (1
Florida Statutes;
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WHEREAS, local land development regulations shall contain
'specific and detailed provisions necessary or desirable to
implement the adopted comprehensive plan and shall as a minimum
provide for protection of potable water wellfields pursuant to
Chapter 163.3202(2)(c), Florida Statutes;
WHEREAS, a Public Wellfield Protection Program is necessary
to most effectively and economically address what experience and
history show to be a coming crisis without the negative pressures
of a crisis situation, while at the same time tailoring
compliance with federal and state requirements to the best
interests of St. Lucie County;.
WHEREAS, a Public Wellfield Protection Program is necessary
in order to help ensure safe water supplies to the present and
future citizens of the unincorporated areas of St. Lucie County,
Florida, and to keep St. Lucie County attractive to present and
future citizens and businesses;
WHEREAS, there is an urgent need to protect the existing and
future water supply sources in the unincorporated areas of St.
Lucie County from degradation and intentional or unintentional
introduction of deleterious substances into such sources;
WHEREAS, nearly all of the water resources used throughout
St. Lucie County for potable water are obtained from localized
relatively shallow aquifer sources (of the surficial aquifer);
WHEREAS, nearly all of the major public wellfield production
zones throughout St. Lucie County are .within approximately forty
(40) feet to one hundred and forty (140) feet of the ground
surface;
BOOK PAGE~~,
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' WHEREAS, it is acknowledged that inappropriate development
and land use may contribute to degradation of groundwater quality
and that groundwater contamination presents a potential threat to
public wellfields;
WHEREAS, in South Florida including St. Lucie County there
have been incidences of groundwater and public water supply well
contamination;
WHEREAS, the Ft. Pierce Utilities Authority has records on
file which document groundwater contamination within five hundred
(500) feet of one of their public wellfields and the subsequent
contamination of one of their public water supply wells;
WHEREAS, the Ft. Pierce Utilities Authority has records on
file which document additional groundwater contamination within
one thousand (1000) feet of one of theix public. wellfields
thereby presenting an additional threat to their public water
supply wells;
WHEREAS, it is a hydrogeologic principle that deleterious
substances which contaminate groundwater within .the drawdown area
of a well may eventually reach the pumping well;
WHEREAS, it is a hydrogeologic principle that a drawdown
greater than 0.0 feet is within the zone of influence of a well;
WHEREAS, theoretical drawdown at a distance of one thousand
(1,000) feet from each public water supply well in St. Lucie
County would be in the range of 3.6 feet to 1.5 feet assuming the
transmissivity typical for St. Lucie County is in the range of
thirty thousand (30,000) gallons per day per foot to one hundred
thousand (100,000) gallons per day per foot, a storativity value
of 0.04, and an .average well pumpage of three hundred {300)
4 BOOK V PAGEC~~
gallons per minute over a period of one hundred (100) days;
' ~ WHEREAS, the theoretical drawdown range above is greater
than 0.0 feet and is, thereby, within the zones of influence of
the wells;
WHEREAS, the South Florida Water Management District has
initiated a study to be conducted by a consultant to determine
more specific drawdown calculations around major public
wellfields in St. Lucie County to be used in the development of a
public wellfield protection. ordinance;
WHEREAS, St. Lucie County has approved in concept the
objective, policies and principles of a Public Wellfield
Protection Program including the development of a public
wellfield protection ordinance;
WHEREAS, St. Lucie County desires to provide interim
protection against the potential contamination of the major
public wellfields in the unincorporated areas of St. Lucie County
until a public wellfield protection ordinance has been developed;
WHEREAS, the restriction of nonresidential activities which
store, handle, produce or use Regulated Substances within
Regulated Areas is consistent with Chapter 163.3202(2)(c),
Florida Statutes, and Chapter 9J-5.013(2)(c)(1), Florida
Administrative Code;
WHEREAS, the prohibition of septic systems, stormwater wet
retention/detention areas, and wastewater treatment plant
effluent discharges within specified distances from public water
supply wells, unless otherwise approved by the State, is
consistent with Chapter 163.3202(2)(c), Florida Statutes, and
Chapter 9J-5.013(2)(c)(1), Florida Administrative Code;
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WHEREAS, Chapter 125, Florida Statutes, provides the
authority for St. Lucie County to establish regulatory programs
needed to protect the health, safety, and general welfare of the
residents of, and visitors to, St. .Lucie County;
WHEREAS, the St. Lucie County Environmental Control Board
has been established and delegated powers to enforce state and
local environmental control laws, ordinances and administrative
rules pursuant to Chapter 83-511, Laws of Florida, and Chapter 1-
7. 6, St. Lucie Code of Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCI E COUNTY, FLORLDA, SITTING AS THE ST.
LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD, THAT:
PART ONE:
Section 1. Short Title;- Applicability; Construction
1.01 - This ordinance shall be known as the "Interim St.
Lucie County Public Wellfield Protection Ordinance".
1.02 - All provisions of this ordinance shall be effective
within the unincorporated areas of St. Lucie County, Florida, and
shall set restrictions, constraints and prohibitions on
inappropriate development and land use to help protect existing
and future public water supply wells as defined herein from
degradation by contamination from deleterious substances.
1.03 - This ordinance shall be liberally construed to
effectuate the purposes set forth herein.
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,i
Section 2. Legislative Intent
' ~ 2.01 - The intent and purpose of this ordinance is to
protect and safeguard the health, safety, and welfare of the
residents of and visitors to St. Lucie County, Florida, by
providing criteria for regulating deleterious substances and
contaminants, and the design, location and operation of
development, land uses and activities which may impair existing
and future public water supply wells.
2.02 - The prohibitions of this ordinance shall not apply
to:
(a) residential activity, except as set out in Section
6. 02; and
(b) nonresidential activity which has received prior
development approval as set out in the exemptions in Section
8. 01 (h).
Section 3. Definitions
3.01 - The following definitions apply within this
ordinance:
(a) Aquifer. A geologic formation, group of formations, or
part of a formation (stratum) that is capable of yielding
potentially usable quantities of water from wells or springs.
(b) Board. The Board of County Commissioners of St. Lucie
County, Florida, sitting as the Environmental Control Board.
(c) Department. The St. Lucie County Community Development
Department.
(d) DER. The Florida Department of Environmental
Regulation.
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BOOK ~ SAGE
• (e) Development Approval.
1. The issuance of site plan, subdivision, or other
form of legislative or administrative approval
authorizing construction on a described parcel of
1 and.
2. The issuance of a building permit authorizing
construction on a described parcel of land.
3. The issuance of a zoning compliance, occupational
license, or other form of authorization to conduct
a business or nonresidential activity.
(f) Director. The Community Development Director of the-
St. Lucie County Community Development Department.
(g) Drawdown. A lowering. of the water table of an
unconfined aquifer by the pumping of groundwater by wells.
(h) EPA. The United States Environmental Protection
Agency.
(i) Groundwater. Water beneath the surface of the ground,
whether or not it is flowing through known and definite channels.
(j) HRS. The Florida Department of Health and
Rehabilitative Services.
(k) Nonresidential Activity. Any activity occurring on any
described parcel of land, whether. or not within a structure, with
the exception of residential activity as defined herein.
(1) Parcel of Land. Any contiguous quantity of land
capable of being described with such definiteness that. its
location and boundaries may be established, that is designated by
its owner(s) or developer(s) as land to be used or developed as a
unit, or that has been used or developed as a unit.
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(m) Person. Any natural person, individual, public or
private corporation, firm, association, joint venture,
partnership, municipality, governmental agency, political
subdivision, public officer or any other entity whatsoever or any
combination of such, jointly or severally.
(n) Potable Water. Water that is satisfactory for
drinking, culinary and domestic purposes, meeting current state
and federal drinking water standards.
(o) Public Utility. Any privately-owned, municipally-
owned, County-owned, or other government-owned system providing
water service to the public which has at least fifteen (15)
service connections or regularly serves an average of at least
twenty-five (25) individuals daily for at least sixty (60) days
of the year, with a minimum permitted withdrawal capacity of one
hundred thousand (100,000) gallons per day.
(p) Public Water Supply Well. Wells withdrawing water
from the surficial aquifer (localized relatively shallow aquifer
sources) for use as potable water that are operated by public
utilities.
(q) Public Wellfield. An area where one or more public
water supply wells are located.
(r) Regulated Area. That area within the Zone of
Protection surrounding each Public Water Supply Well.
(s) Regulated Substances.
1. Substances which are:
a. Known to have hazardous and toxic properties
such as those listed by the EPA in federal
regulations set forth in 40 CFR 302; or
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b. Listed as a priority toxic pollutant by the
EPA in federal regulations in 40 CFR 122. 21;
or
c. A toxic degradation product, which includes
petroleum-based products; or
d. On the Restricted Use Pesticide List
promulgated pursuant to Chapter 487, Florida
Statutes, set forth in Chapters 5E-2 and 5E-
9, Florida Administrative Code.
2. Regulated substances by generic designation shall
include, but are not limited to, those set forth
in the list entitled "Public Water Supply Well
Generic Substance List", which is attached hereto
as Exhibit A and incorporated herein.
3. Regulated Substances do not include those that are
used in the quantities exempt as set out in
Section 8.02.
(t) Residential Activity.., Any building or structure or
portion thereof that is designed for or .used for residential
purposes and any activity involving the use or occupancy of a
described parcel of land for residential purposes. .Residential
activity shall include those customary and accessory residential
activities associated with the principal permitted use. of -the..
parcel of land for residential purposes as set out in Section
3. 3. 100, Zoning Districts and Uses, St. Lucie County Code.
Residential activity shall not include .any activity or business
requiring an occupational license or other form of authorization
to conduct a business.
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(u) SFWMD. The South Florida Water Management District.
(v) Well. Any excavation that is drilled, cored, bored,
washed, driven, dug, jetted, or otherwise constructed when the
intended use of such excavation is to conduct groundwater from a
source bed to the surface, by pumping or natural flow, when
groundwater from such excavation is used or is to be used for a
public water supply well.
(w) Zone of Protection. That area within a radial distance
of one thousand (1000) feet of a public water supply well.
Seotion 4. Administrative Regulation
4.01 - The Department is charged by the Board with the
responsibility for administering and enforcing this ordinance and
the regulations promulgated pursuant thereto.
4.02 - Any final action by the Department may be appealed to
the Board. An appeal may only be initiated by filing a written
request with the County Administrator, or designee. Upon receipt
of the request and within a reasonable period of time not to
exceed thirty (30) days, the request shall be scheduled before
the Board. The request shall not be subject to the formal notice
and advertisement requirements set out in the St. Lucie County
Zoning Ordinance. The appellant, however, shall be notified of
the time and date of the public hearing. The Department shall be
required to submit a report to the Board citing the reasons for
the final action.
Seotion 5. Maps of Public Water .Supply Wells
5.01 - Regulated Areas shall be shown on the maps described
in Section 5.02, as adopted by the Board, and incorporated herein
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600K~ PAGE~C~~D
by this reference. These maps shall be maintained by the
' Department and copies shall be provided to the St. Lucie County
Public Health Unit, Treasure Coast Regional Planning Council,
South Florida Water Management District, and any other agency
requesting said maps.
5.02 - The Regulated Area maps .shall illustrate existing and
future public water supply wells and their zones of protection on
both zoning maps and aerial maps (1" = 200') on file in the
Department..
5.03 - The Regulated Area maps shall be reviewed annually
and, if necessary, updated. Any amendments, additions or
deletions shall be adopted by the Board by ordinance and shall be
shown on the Regulated Area maps.
Section 6. Prohibited Activities
6.01 - No Development Approval shall be issued for any
nonresidential activity which stores, handles, produces or uses
any Regulated Substances as defined in Section 3.01(s) within
Regulated Areas unless exempt pursuant to Section 8.
6.02 - The following activities whether for residential or
nonresidental activities are also prohibited:
(a) The location of septic systems within two hundred
(200) feet of a public water supply well, unless otherwise
approved by DER or HRS;
(b) The location of storm water wet retention/detention
areas, as defined by SFWMD, within three hundred (300) feet of a
public water supply well, unless otherwise approved by SFWMD.;
(c) The location of wastewater treatment plant .effluent
12 gpRK P~SGE~~l1
discharges, including but not limited to, percolation ponds,
surface water discharge, spray irrigation, or drainfields,
within five hundred (500) feet of a public water supply well,
unless otherwise approved by DER.
Section 7. Protection of Future Public Water Supply Well Sites
7.01 - The prohibitions and restrictions set forth in this
ordinance, and any regulations promulgated pursuant thereto,
shall apply to any future public water supply well sites adopted
by the Board by resolution, provided, however, that the
restrictions shall not apply to residential or nonresidential
activities that have received development approval as defined in
Section 3.O1(e) prior to the effective date of the resolution.
Section 8. Exemptions
8.01 - The following activities shall be exempt from the
Regulated Area prohibition set forth in Section 6.01:
(a) Exemptions for Public Utilities. Public Utilities as
defined herein for the routine operation and maintenance of water
treatment systems. .This exemption does notapply to the
Development Approval for the maintenance and refueling of
vehicles or the storage of Regulated Substances.
(b) Exemption for Continuous Transit and Deliveries. The
transportation of any Regulated Substance through Regulated Areas
provided the Regulated Substances are not being stored, handled,
produced, or used within the Regulated Area in violation of this
ordinance, and the delivery of Regulated Substances to
nonresidential activities that have received development approval
as defined in Section 3.O1(e) prior to the effective date of this
ordinance, provided that these activities require such substances
13 600K~c~t~' PAGE.d..~
for the continued operation and maintenance of the activities as
approved.
(c) Exemption for Vehicular Fuel and Lubricant Use. The
use in a vehicle of any Regulated Substance solely as operating
fuel in that vehicle or as lubricant in that vehicle.
(d) Exemption for Application of Pesticides, Herbicides,
Fungicides, and Rodenticides. The application of those Regulated
Substances used as pesticides, herbicides, fungicides, and
rodenticides in recreation, agriculture, pest control and aquatic
weed control activities provided that:
1. In all Regulated Areas the application is in
strict conformity with the use requirement as set
forth in the EPA registries for substances and as
indicated on the containers in which the
substances are sold; and
2. In all Regulated Areas the application is in
strict conformity with the requirements as set
forth in Chapters 482 and 487, Florida Statutes,
and Chapters 5E-2 and 5E-9, Florida Administrative
Code. This exemption applies only to the
application of pesticides, herbicides, fungicides,
and rodenticides.
(e) Exemption for the Use of Fertilizers Containing Any
Form of Nitrogen. The use of fertilizers containing any form of
nitrogen provided that:
1. For nonresidential recreational areas, including
private golf courses, the application of nitrogen-
containing materials shall be in accordance with
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BOOKt.~ PAGE
manufacturers directions or recommendations of the
St. Lucie County Agricultural Extension Agent,
provided, however, the amount of fertilizer
applied shall not exceed forty (40) pounds of
nitrogen per acre per month average for the total
area or two (2) pounds per thousand (1000) square
feet per month for any localized area within the
activity.
2. For agricultural areas, the application of
nitrogen-containing materials shall be in
accordance with manufacturers directions or
recommendations of the St. Lucie County
Agricultural Extension Agent, provided, however,
the amount of fertilizer applied shall not exceed
two hundred (200) pounds of nitrogen per acre per
year.
3. For nonresidential landscape areas, the
application of nitrogen-containing materials shall
be in accordance with manufacturers directions or
recommendations of the St. Lucie County
Agricultural Extension Agent on areas of ten
thousand (10,000) square feet or less.
(f ) Exemptions for Retail Sale and Wholesale Activities.
Retail sale and wholesale establishments in Regulated Areas
provided that the establishments only store and handle Regulated
Substances for resale in their original unopened containers.
(g) Exemptions for Office Uses. Regulated Substances for
the maintenance and cleaning of office buildings and Regulated
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600K c~ PAGP~C~ f
.Substances associated with office equipment such as copier or
blueprint machines shall not be allowed onsite in quantities
greater than the quantities exempted in Section 8.02.
(h) Exemptions for Approved Nonresidential Activities. The
following nonresidential activities:
1. Nonresidential activities existing as of the
effective date of this ordinance which have
received site plan, subdivision or similar
development approval as defined in Section
3. 01 (e) (1. ) and building permits as defined- in
Section 3. 01 (e) (2.
2. Nonresidential activities existing as of the
effective date of this ordinance which have
received zoning compliance, occupational license,
or similar forms of annual development approval as
defined in Section 3. O1(e) (3. and which do not
require site plan, subdivision, or similar
development approval and building permits. For
the purposes of this exemption, renewal of annual
development approval shall also be exempt,
provided, however, that there are no expansions,
modifications or alterations that would increase
the storage, handling, production, or use of the
Regulated Substances.
8.02 - Any nonresidential activity which only stores,
handles, produces, or uses the following quantities of Regulated
Substances shall be exempt from the Regulated Area prohibition
16 0 R
BOOK PAGE
4
set out in Section 6.01:
(a) Whenever the aggregate sum of all quantities of any one
Regulated Substance for any one nonresidential activity at a
given facility/building or property at any one time does not
exceed six (6) gallons where said substance is a liquid, or
twenty-five (25) pounds where said substance is a solid.
(b) .Whenever the aggregate sum of all Regulated Substances
for. any one nonresidential activity at one facility/building or
property at any one time does not exceed one hundred (100)
gallons if said substances are liquids, or five hundred (500)
pounds if said substances are solids, and the aggregate sum of
all quantities of any one Regulated Substance does not exceed the
reference limits in Section 8.02(a).
(c) Where Regulated Substances are dissolved in or mixed
with. other non-Regulated Substances, only the actual quantity of
the Regulated Substance present shall be used to determine
compliance with the provisions of this ordinance. The actual
quantity of the Regulated Substance present shall be the total
quantity of the original unopened container(s) regardless of
concentration or purity.
8.03 - Special Exemptions.
(a) Request for exemption. Any person subject to the
prohibitions set out in Section 6..01 may apply to the Director
for a Special Exemption.
(b) Information and fee required.. The application for
Special Exemption shall include, at a minimum, the following
information on a form provided by the Department, as well as the
appropriate filing fee as set out below:
1 ~ BOOK PAGE~V 9
1. A concise statement detailing the .circumstances
which the applicant feels demonstrates the need
for a Special Exemption.
2. A description of the mechanisms that will be
utilized to meet the conditions required for
issuance of the exemption as set out in Section
8. 03 (e) below;
3. The signatures of the owner of the subject site
and applicant, if different, and a Florida
registered Professional Engineer or Hydrogeologist
certified in the State of Florida;
4. A filing fee established by resolution of the
Board to defray the costs of processing such
application; and
5. An agreement to indemnify and hold St. Lucie
County harmless from .any and all claims,
liabilities, causes of action, or damages arising
out of the issuance of the Special Exemption. The
County shall provide reasonable notice to the,
exemptee of any such claims.
(c) Review by the Director and County Hydrogeologist.
1. Within thirty ( 30 ) working days of receipt of an
application for Special Exemption, the Director or designee shall
inform the applicant in writing whether such application contains
sufficient information for a proper determination to be made. If
the application is found to be insufficient, then the Director
shall provide to the applicant a written statement by certified
18 c~ e~
BOOK c,~ PAGEC~
mail or hand delivery requesting the additional information
required. The applicant shall inform the Director or designee
within ten (10) working days of the date of the written statement
of his or her intent to either furnish the information or have
the application processed as it stands.
2. Prior to notifying the applicant where applicable
in subsection (c)1. above, the Director or designee shall request
from the County Hydrogeologist, as applicable:
a. written comments regarding the sufficiency of
the application; and
b. a written recommendation for issuance with
applicable conditions or denial.
3. The County Hydrogeologist shall make appropriate
surveys, tests and inspections of property,
facilities, equipment and processes proposed or
operating under the provisions of this section to
determine compliance with the provisions of this
section. At a minimum, a written inspection report
from the County Hydrogeologist to the Director
shall be required prior to the issuance of a
Certificate of Occupancy.
(d) Issuance or denial. At the end of said ten (10) day
period or receipt of the additional information the Director or
designee shall within thirty (30) working days inform the
applicant whether the Special Exemption has been granted or
denied. If the Director denies the application, the Director or
designee shall provide the applicant with a written notice
outlining the reasons that the permit was denied.
19 BUUK PAGE~~
(e) Criteria for issuance. The Director shall grant an
exemption if the person applying for the exemption demonstrates
that adequate technology exists to isolate the facility or
activity from the potable water supply within the Zone of
Protection wherein the proposed facility or activity .would be
located. At a minimum, the following conditions shall be met in
order to meet this criteria:
1. s ubs tance i nventory;
2. containment;
3. emergency collection devices;
4. emergency plan;
5. daily monitoring;
6. equipment maintenance;
7. reporting of spills;
8. potable water well monitoring;
9. groundwater monitoring;
10. alterations/expansions;
11. reconstruction after catastrophe (fire, vandalism,
flood, explosion, .collapse, wind, war or other);
and
12. others, as applicable to groundwater protection.
All costs associated with such applicable conditions shall be
borne by the applicant or exemptee, as applicable.
(f) Revocation or revision. Any .Special Exemption granted
by the Director pursuant to this ordinance shall be subject to
revocation or revision by the Director for violation of any
condition of said Special Exemption by first issuing a written
20 BOCRiK e~6 FAGE'~,~
• ~ notice of intent to revoke or revise (certified mail return
receipt requested or hand delivery). The applicant shall have
the right to a hearing before the Environmental Control Hearing
Board prior to revocation or revision in accordance with the
procedures set out in Section 4. Upon revocation or revision,
the activity will immediately be subj ect to the enforcement
provisions of this ordinance.
(g) Appeals. Any final action by the Director may be
appealed to the Board pursuant Section 4 of this ordinance.
(h) Other agency requirements. Any Special Exemption
granted by the Director pursuant to this ordinance shall not
relieve the exemptee of the obligation to comply with any other
applicable federal, state, regional or local regulation, rule,
ordinance or requirement. Nor shall said exemption relieve any
exemptee of any liability for violation of such regulations,
.rules, ordinances or requirements.
(i) New regulations. Upon adoption of any amendment to
this ordinance or any regulation that supercedes this ordinance,
the Special .Exemption shall be subject to the newly adopted
regulations.
Section 9. Enforcement and Penalties
9.01 - Enforcement, penalties, appeals, and remedy of
matters related to this ordinance shall be regulated. pursuant to
procedures established in the St. Lucie- County Environmental
Control Act, Chapter 83-511, Laws of Florida, and the St. Lucie
County Environmental Control Ordinance, Chapter 1-7. 6, St. Lucie
Code of Ordinances.
21 BOOK e.~6 PAGE
• ~ 9.02 - Each person who commits, attempts to commit,
r
conspires to commit, or aids and abets in the commission of any
act declared herein to be in violation of this ordinance whether
individually or in connection with one (1) or more persons, or as
a principal, agent or accessory, shall be guilty of such offense
and every person who falsely, fraudulently, forcibly or willfully
entices, causes, coerces, requires, permits or directs another to
violate any provision of this ordinance is likewise guilty of
such offense.
9.03 - Each day that a violation of this ordinance is
continued or permitted to exist without compliance shall
constitute a separate offense prescribed in Section 1-7. 6-9
(Violations and Penalties) of the St. Lucie County Environmental.
Control Ordinance, and Section 16 (Violations; Criminal
Penalties) of the St. Lucie County Environmental Control. Act,
Chapter 83-511, Laws of Florida.
9.04 - No development orders, site plan approvals, building
permits, occupational licenses, zoning compliances,. or
certificates of occupancy shall be issued to any violator of this
ordinance until the. violation(s) have been properly abated to thee.
satisfaction of the County.
9.05 - Notwithstanding any other penalty provisions set
forth herein, St. Lucie County may file an action for injunctive
relief in the Circuit Court of the Nineteenth Judicial Circuit in
and for St. Lucie County, Florida., in order to prevent any
violation of this ordi nance.
22 BOOK PAGE
PART TWO: CONFLICTING PROVISIONS
a Special Acts of the Florida Legislature applicable only to
unincorporated areas of St. Lucie County, County ordinances and
County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent
of such conflict.
PART THREE: SEVERABI LI TY
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative or void, such
holding shall not affect the remaining portions of this
ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property or circumstances,
such holding shall not affect its applicability to any other
person, property or circumstances.
PART FOUR: APPLI CABI LI TY OF ORDINANCE
This ordinance shall be applicable throughout the
unincorporated areas St. Lucie County.
PART FIVE: FILING WITH DEPARTMENT OF STATE
The Clerk be and hereby is directed forthwith to send a
certified copy of this ordinance to the Bureau of Laws,
Department of State, The Capitol, Tallahassee, Florida 32304.
PART SI X: FI LING WITH DEPARTMENT OF ENVIRONMENTAL REGULATION
In order to comply with Section 373.023, Florida Statutes,
the County Attorney shall send a certified copy of this ordinance
to the Bureau of Water Resources Management, Department of
Environmental Regulation, Twin Towers Office Building, 2600 Blair
Stone Road, Tallahassee, Florida, 32301.
2 3 BOOK PAGE~~~
PART SEVEN: FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS
The County Attorney shall send by certified mail a certified
copy of this ordinance to the Treasure Coast Region Planner/DRI
Section, Department of Community Affairs, The Reyne Building,
2740 Centerview Drive, Tallahassee, Florida, 32301.
PART EIGHT: FILING WITH TREASURE COAST REGIONAL PLANNING COUNCIL
The County Attorney shall send a certified copy of this
ordinance to Treasure Coast Regional Planning Council, Post
Office Box 1529, Palm City, Florida 34990.
PART NINE: EFFECTIVE DATE
This ordinance shall take effect upon receipt of official
acknowledgment from the Office of Secretary of State that this
ordinance has been filed in that office.
PART TEN: ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Judy Culpepper Aye
Vice-Chairman Havert L. Fenn Aye
Commissioner Dale R. Trefelner Aye
Commissioner Jim Minix Aye
Commissioner Jack Kreiger Absent
PART ELEVEN: CODIFICATION
Provisions of this ordinance shall be incorporated in the
County Code and the word "ordinance" may be changed to "section,"
"article" or other word, and the sections of this ordinance may
be renumbered or relettered to accomplish such intention;
24
BOOK ~ PAGEC~~
.M
.provided, however, that Parts Two through Eleven shall not be
h
codified.
S'+`~
DULY PASSED AND ADOPTED THIS DAY OF ~ , 1989:
ATTEST: BOARD OF COUNTY COMMI.S.SIONERS
ST. LUCI E COUNTY, F?~OF~I DA
_
~
~~,t~(~7-~ CLERK CHAI RMAN
APPROV AS TO FORM AND
CORRE THE S S: ,r'~
~i
-
COUNTY ATTORNF~Y
2 5 BOOK t~ PAGE
- „
EXHI BI T A
P ~
PUBLIC WATER SUPPLY WELL GENERIC SUBSTANCE LIST
* Acid and basic cleaning solutions
* Antifreeze and coolants
* Arsenic and arsenic compounds
* Bleaches, peroxides
* Brake and transmission fluids
~ Brine solution
* Casting & foundry chemicals
~ Caulking agents and sealants
* Cleaning solvents
~ Corrosion and rust prevention solutions
* Cutting fluids
* Degreasing solvents
~ Disinfectants
* Electroplating solutions
* Explosives
* Fertilizers
* Fire extinguishing chemicals
* Food processing wastes
* Formaldehyde
* Fuels and additives
* Glues, adhesives and resins
Greases
~ Hydraulic fluid
* Indicators
* Industrial and commercial janitorial supplies
Industrial sludges and stillbottoms
* Inks, printing and photocopying chemicals
* Laboratory chemicals
Liquid storage batteries
* Medical, pharmaceutical, dental, veterinary and hospital solutions
* Mercury and mercury compounds
* Metal finishing solutions
* Oils
* Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and
cleaning compounds
* Painting solvents
* PCB'S
* Pesticides and herbicides
~ Plastic resins, plasticizers and catalysts
* Photo development chemicals
* Poisons r
* Polishes ~~~.~Sr
~ Pool chemicals
~ Processed dust and particulates
* Radioactive sources
sc Reagents and standards
* Refrigerants SAY A9
Roofing chemicals and sealers
Sanitizers, disinfectants, bactericides and algaecides
* Soaps, detergents and surfactants riLt, `'~'t;
* Solders and fluxes ~~X~N
Stripping compounds `~-AUNTY. ~ .
Tanning industry chemicals
* Transformer and capacitor oils/fluids
* Water and .wastewater treatment chemicals 0 R
60UK t~ PAGE4