§ 166-165. 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 166-170 and 166-171). 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 166-170 and 166-171 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. 18-36 , § 3(Att. E), 10-23-18)