AN ORDINANCE AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE BY ADOPTING THE GROUNDWATER PROTECTION ORDINANCE; STATING INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR A STATEMENT OF APPLICABILITY; ESTABLISHING GROUNDWATER RESOURCE, WELLHEAD AND SPECIAL PROTECTION AREAS; ESTABLISHING LAND USE PROHIBITIONS WITHIN THE WELLHEAD AND SPECIAL PROTECTION AREAS; ESTABLISHING PROVISIONS FOR VESTING OF EXISTING NONCONFORMING USES; PROVIDING FOR GENERAL EXEMPTIONS FROM LAND USE PROHIBITIONS; REQUIRING THE REGISTRATION OF POTENTIAL POLLUTION SOURCES; ESTABLISHING GROUNDWATER PROTECTION PRACTICES FOR THE GROUNDWATER PROTECTION AREA; REQUIRING THE REPORTING OF SINKHOLES; ESTABLISHING REQUIREMENTS FOR SITING OF LAND USES PROXIMAL TO SINKHOLES; PROVIDING GUIDELINES FOR THE LOCATION OF NEW COMMUNITY WATER SUPPLIES; REQUIRING THE ESTABLISHMENT OF WELLHEAD PROTECTION AREAS FOR COMMUNITY WATER SUPPLY WELLS; PROVIDING FOR FEES; ESTABLISHING AN APPEAL PROCEDURE; ESTABLISHING PROVISIONS FOR ADMINISTRATION; ESTABLISHING PROVISIONS FOR INSPECTIONS; PROVIDING FOR THE REPORTING OF SPILLS AND UNAUTHORIZED DISCHARGES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Pasco County Board of County Commissioners finds that:
WHEREAS, groundwater is an important resource within Pasco County which must be protected;
WHEREAS, inappropriate development and land use contribute to degradation of groundwater quality;
WHEREAS, Pasco County relies on groundwater as the principal source of potable water;
WHEREAS, much of the Floridan Aquifer underlying Pasco County is largely unconfined;
WHEREAS, recharge to the Floridan Aquifer typically occurs as downward leakage through the overlying surficial aquifer, when present, or as direct recharge to the top of the Suwannee or Ocala Limestones;
WHEREAS, Chapter 187, F.S. the State Comprehensive Plan, requires the protection of aquifers from contamination through appropriate regulatory programs and incentives;
WHEREAS, Chapter 153, F.S. regarding Water and Sewer Systems, gives Pasco County the authority to restrain, enjoin or otherwise prevent any person from contaminating or polluting any source of water supply for human consumption;
WHEREAS, the replacement or remediation cost for a public supply well or wellfield is substantial;
WHEREAS, the Ground-Water Resource Availability Inventory for Pasco County produced by the Southwest Florida Water Management District and the Pasco County Groundwater Protection Study prepared by Metcalf & Eddy both indicate that much of Pasco County is highly susceptible to groundwater contamination; and
WHEREAS, there is a need to approach groundwater protection in a comprehensive land use manner by controlling land uses which may include the use, handling, production, storage or disposal of Regulated Substances.
NOW THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Pasco County, Florida: that the following provisions are hereby enacted amending and replacing Section 612 of the Land Development Code and do hereby become the Groundwater Protection Ordinance of Pasco County.
SECTION 1: SHORT TITLE
This ordinance shall be known and may be cited as the Groundwater Protection Ordinance.
SECTION 2: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to protect and maintain the quality of groundwater in Pasco County by providing criteria for land uses and the siting of facilities which use, handle, produce, store or dispose of Regulated Substances; and by providing protection to vulnerable features which discharge directly to the Floridian aquifer. This Ordinance, through its provisions, shall protect the quality of water obtained from existing and future community public supply wells described in this ordinance, in addition to the County-wide groundwater resources.
SECTION 3: DEFINITIONS
The following terms shall have the meanings as follows for the purpose of this ordinance:
Animal Feeding Operation
A lot or facility (other than an aquatic animal production facility) where the following conditions are met:
A. Animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and
B. Crops, vegetation, forage, growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility,
C. Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes.
Animal Unit
A unit of measurement for an animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
Aquifer
A groundwater bearing geologic formation, or formations, that contain enough saturated permeable material to yield significant quantities of water.
Community Water Systems
As defined in 62-521, Florida Administrative Code, a Community Water System is a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
Concentrated Animal Feeding Operation
A feeding operation where more animals are confined than are specified in the categories listed below:
A. 1000 slaughter and feeder cattle
B. 700 mature dairy cattle (whether milked or dry cows),
C. 2500 swine weighing over 55 pounds each
D. 500 horses
E. 10,000 sheep or lambs
F. 55,000 turkeys
G. 100,000 laying hens or broilers (if the facility has continuous overflow watering)
H. 30,000 laying hens or broilers (if the facility has a liquid manure handling system)
I. 5,000 ducks, or
J. 1000 animal units.
Conditionally Exempt Small Quantity Generator
A Conditionally Exempt Small Quantity Generator, as defined by the Resource Conservation and Recovery Act of 1976, 40 Code of Federal Regulations 261, is one which in a calendar month generates no more than 100 kilograms (220 lbs or ˜ 25 gallons) of Hazardous Waste or less than 1 kilogram of an acute Hazardous Waste. Additionally, the generator must never accumulate more than 1000 kilograms (2200 lbs or ˜ 250 gallons) of Hazardous Waste at any time.
Disposal
The deposit, injection, dumping, spilling, leaking, incineration, or placing of any Regulated Substances into or on any land or water so that such Regulated Substances or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters including groundwater.
Facility
All buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes spills or discharges from motor vehicles, rolling stock and aircraft.
Groundwater
All water beneath the surface of the ground.
Groundwater Resource Protection Area
All the land area included within the boundaries of the County.
Hazardous Waste
Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed, as defined in section 403.703, Florida Statutes.
Landfarming
A process for treating contaminated soil by spreading the contaminated soil in a thin layer over an impermeable liner or surface. Contaminant reduction is achieved through a combination of volatilization, biodegradation, and photodegradation.
Person
An individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency public utility district, or any other entity, public or private, however organized.
Pollution
The presence of any substance or condition in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
Potentiometric Surface
The elevation to which water will rise in a tightly cased well.
Prohibited Uses
Those uses described under the prohibitions for WPA 1, WPA 2 and the Special Protection Area.
Recharge Area
Any area of porous, permeable geologic deposits, such as deposits of stratified sand and gravel, and sinkhole areas, through which water from any source drains into an aquifer, and including wetlands or waterbodies, together with the watershed.
Water that has received at least secondary treatment and basic disinfection and is reused
after flowing out of a domestic wastewater treatment facility, as defined in Rule 62-610,
F.A.C., as amended.
Regulated Substance
Any substance, including petroleum or derivatives thereof, or combination of substances which because of their quantity, concentration, physical, chemical, infectious, flammable, combustible, radioactive, or toxic characteristics, may cause or significantly contribute to a present or potential risk to human health, safety, welfare, to groundwater resources or to the natural environment. Regulated Substances include those materials subject to regulation under the laws listed below, all as amended:
A. Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601-9675;
B. Clean Water Act (Federal Water Pollution Control Act), 33 U.S.C. §§ 1251-1387;
C. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136Y;
D. Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. §§ 11001-11050;
E. Hazardous Materials Transportation Act (HMTA), 49 App. (U.S.C.) §§ 1801-1819;
F. Hazardous and Solid Waste Amendments of 1984 (HSWA), Pub.L. 98-616, Nov. 8, 1984, Stat. 3221;
G. Solid Waste Disposal Act and Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901-6992K;
H. Superfund Amendments and Reauthorization Act (SARA), Pub. L. 99-499, as amended by Pub. L. 99-563, Pub. L. 100-102, and Pub. L. 101-144;
I. Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2654;
J. Hazardous Substances Law, Sections 501.061-501.121, Florida Statutes;
K. Chapter 376, Florida Statutes; and
L. Chapter 403, Florida Statutes.
Small Quantity Generator (SQG)
A small quantity generator, as defined by the Resource Conservation and Recovery Act of 1976, 40 Code of Federal Regulations 260, is one which generates less than 1000 kilograms (2200 lbs or ˜ 250 gallons) of Hazardous Waste in a calendar month.
Solid Waste
Solid waste includes garbage, refuse, white goods, special waste, ashes, sludge or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. For purposes of this ordinance, solid waste does not include:
1. Disposal by persons of solid waste resulting from their own activities on their own property, provided such waste is either from their residential property and is not a Regulated Substance or is rocks, soils, trees, tree remains, and other vegetative matter which normally result from land development operations.
2. Storage of solid waste in containers by persons where such solid waste results from their own activities on their property, leased or rented property, or property subject to a homeowners or maintenance association for which the person contributes association assessments, if the solid waste in such containers is collected at least once a week.
Special Protection Areas
Zones delineated around vulnerable features, such as sinkholes, excavations or caves, within which land uses are regulated to protect the quality of the groundwater resource.
Spill
The unpermitted release or escape of a Regulated Substance directly or indirectly to the ground surface, soils, surface waters, or groundwater.
Stormwater
The flow of water which results from and which occurs during and immediately following a rainfall event.
Travel Time
The time required for groundwater to move from a specific point to the well.
Transmissivity
The rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of the aquifer under a unit hydraulic gradient.
Unconfined Aquifer
An aquifer which has the water table as its upper boundary and a confining unit as a lower boundary. It is also an aquifer under atmospheric conditions at the water table.
Vulnerable Feature
A natural or man-made feature of the land that has the potential to discharge directly to the aquifer. These features include excavations and solution features such as sinkholes, caves and mine pits that expose the top of the Floridan Aquifer.
Wellhead Protection Areas (WPA)
Zones delineated around a well, group of wells, and/or wellfields within which land uses are regulated to protect the quality of the groundwater resource.
SECTION 4: APPLICABILITY
This Ordinance shall apply to the unincorporated area of Pasco County and to the incorporated areas of Pasco County to the extent permitted by Article VIII, Section 1(f) of the Constitution of the State of Florida.
SECTION 5: ESTABLISHMENT OF GROUNDWATER RESOURCE, WELLHEAD AND SPECIAL PROTECTION AREAS
A. Establishment of Groundwater Resource and Wellhead Protection Areas
The entire land area within Pasco County is designated as a Groundwater Resource Protection Area. The County shall designate Wellhead Protection Areas (WPAs) for all Community Water System supply wells. Community Water System wells shall be classified based on the average permitted capacity of the supply. Two WPAs will be calculated for Community Water Systems wells permitted on average to pump greater than or equal to 100,000 GPD. A single fixed radius WPA shall be designated for community water supplies permitted on average to pump less than 100,000 GPD.
Operators and/or owners of Community Water Systems shall provide the County with copies of applications to renew water use/water supply permits issued by the Department of Environmental Protection and/or the Southwest Florida Water Management District. Community Water System wells shall be required to provide the County with updates to existing water use/water supply permits. Additionally, water use/water supply permit applications for new wells shall be provided to the County at the time of application to DEP and/or SWFWMD.
Community Water Systems shall provide, if necessary to delineate or revise protection areas, within 90 days of a request by the County, a calibrated pump test from which the maximum capacity of the supply can be calculated. Community Water Systems that serve projects 95% built out and contain adequate flow measuring devices may substitute peak daily pumpage for maximum capacity.
Wellhead Protection Area One (WPA 1):
Community Water System wells with Average Permitted Capacity =100,000 GPD:
The land area between the well(s) and the five (5) year travel time contour.[1]
Community Water System wells with Average Permitted Capacity <100,000 GPD:
The land area encompassed by a 500 foot radius from the well(s).
Wellhead Protection Area Two (WPA 2):
Community Water System wells with Average Permitted Capacity = 100,000 GPD:
The land area between the five (5) and ten (10) year travel time contour.
Community Water System wells with Average Permitted Capacity <100,000 GPD:
Not applicable.
B. Methodology for the Delineation of Wellhead Protection Areas for Community Water System wells Permitted to Pump 100,000 Gallons per Day or Greater
The Wellhead Protection Areas correspond to five (5) and ten (10) year travel time contours. These travel time contours were generated using the ISGW computer model developed for SWFWMD and Tampa Bay Water. The following is a summary of the procedures used to develop the WPAs for community water supplies that are permitted on average to pump =100,000 GPD :
1. The locations of the subject water supply wells were established in terms
of UTM coordinates (NAD 83 datum) based on surveying conducted by
Tampa Bay Water, Metcalf & Eddy, Inc., and SWFWMD.
2. The Central North Tampa Bay (CNTB) Integrated Surface and Groundwater (ISGW) model (version 2.5, calibration NEWCNTB 127) was used to develop regional groundwater regime information for input to local groundwater models with finer resolution.
3. The regional groundwater model was refined in 18 areas around water supply wells to produce local groundwater models with grid resolutions of 50 to 100 ft. Groundwater levels calculated by the regional model were specified on the boundary of the local models, which were run to steady state with average recharge conditions, and well withdrawals equal to their permitted daily average flows.
4. Zones of contribution were determined by backward tracking of particles uniformly released around the wells for 2, 5 and 10 years travel times. For these simulations, an effective porosity of 0.15 was used in conjunction with a thickness of 500 ft for the Upper Floridan Aquifer. The delineation methodology is described in the report entitled Pasco County Groundwater Protection Study, dated September 25, 2001, by Metcalf & Eddy Inc, herein adopted by reference.
5. Based on a sensitivity analysis of the delineation methodology, a buffer of 200 ft around the calculated zones of contribution was adopted to provide a margin of safety and account for uncertainty in the parameters and approaches used in the modeling.
C. Methodology for the Delineation of Wellhead Protection Areas for Community Water Systems Permitted on Average to Pump Less Than 100,000 Gallons Per Day
WPA 1 for community water supplies permitted on average to pump less than 100,000 gallons per day shall be a fixed radius of 500 ft from the well or wells. This radius is based on a time of travel of 5 years for a well withdrawing 100,000 gallons per day over an aquifer thickness of 200 ft, with an effective porosity of 0.15.
D. Delineation of Special Protection Areas
Special Protection Areas (SPAs) shall be designated around vulnerable features which have the potential to discharge directly to the aquifer. These areas include excavations and solution features such as sinkholes and caves. These features shall be deemed vulnerable when they expose the top of the Floridan Aquifer. For purposes of this ordinance, SPA's may also be designated to include areas with land use approval for mining whether actual excavation has taken place or not. Such a designation as an SPA shall remain in place unless and until any excavation resulting from mining activities is backfilled or otherwise reclaimed as set forth below, or for areas which have not been excavated, the land use approval for mining is eliminated.
The Special Protection Area shall consist of a setback of 500 feet as measured from the outer boundary of the vulnerable feature or area with land use approval for mining. Special Protection Areas shall be delineated on the Special Protection Areas Map.
Sinkholes or excavations which have been backfilled to the land surface with material of permeability similar to or less than that of the surrounding soil or equivalent reclamation will not be considered a vulnerable feature.
E. Rebuttable Presumption
Challenge of the County's determination of the applicability of WPAs and SPAs will be conducted in accordance with the appeal procedure described in this Ordinance. The substantially affected party shall provide site specific data that would allow for more detailed calculations of the zones on a case by case basis.
F. Wellhead and Special Protection Area Maps
1. Adoption of Maps
The WPA and SPA Maps developed by Pasco County are hereby adopted by reference and made a part of this Ordinance. Official WPA and SPA Maps shall be placed on digital file with Pasco County Development Services.
2. Determination of Prohibited Uses within Wellhead and Special Protection Areas
Properties located partially within a WPA or SPA reflected on the Maps shall be governed by the restrictions applicable to that zone.
The determination of locations of prohibited uses within the WPAs and SPAs will be accomplished in one of the following ways:
a. Acknowledgement by the landowner or operator/owner of the facility that the use as regulated by this Ordinance is located within a WPA or SPA;
b. Review and location of property on the WPA or SPA map by County Staff;
c. Use of differentially corrected global positioning system techniques may be used to determine the distance from the protected feature to the prohibited use; or
d. Survey of the proposed location of a prohibited use by a licensed professional surveyor.
If the location of a WPA or SPA boundary is disputed by any party, a survey, by a licensed professional shall serve as the basis of the determination. (The survey shall be paid for by the property owner and prepared by a professional surveyor acceptable to the County). Such a survey may also be used to determine that portion of a property which is actually located within the WPA or SPA thereby allowing development of a land use on property located partially within a WPA or SPA while ensuring the groundwater protection intended by this Ordinance.
Potentially prohibited uses located within more than one WPA shall be considered to be in the most restrictive WPA. Where the prohibited use is overlapped by WPAs of different wells or wellfields, the most restrictive WPA shall apply.
3. Review of Wellhead and Special Protection Area Maps
The WPA and SPA Maps may be reviewed by the Board of County Commissioners on a biennial basis. However, failure to conduct said review will not affect the validity of the existing approved map. Wellhead and Special Protection Area Maps may be modified at any time by the Board of County Commissioners upon notice of an advertised public hearing for changes in technical knowledge, such as transmissivity, or porosity; changes in pumping rates; reconfiguration of wellfields; abandonment or relocation of wells; the installation of new wells or wellfields; and to accommodate changes in topography, such as sinkholes or newly approved mining areas, in a manner consistent with the methodology and standards established in this Ordinance for designation of these areas. In the event that new wellfields are established within Pasco County which result in Wellhead Protection Areas being established pursuant to the methodology set forth in this Ordinance, or changes occur with respect to Special Protection Areas, the WPA and SPA Maps may be amended by Board Resolution to reflect the existence of such Wellhead Protection Areas or changes in Special Protection Areas. Any substantially affected person may petition the Board to consider amendments to the WPA and SPA Maps. The County shall schedule the requested WPA or SPA Map Amendment no more than sixty days after receipt by the County of the request.
SECTION 6: PROHIBITIONS WITHIN WELLHEAD AND SPECIAL PROTECTION AREAS
A. Wellhead Protection Area One (WPA 1)
The activities listed below are prohibited in WPA 1.
1. Solid waste disposal.
2. Discharges from commercial and industrial wastewater treatment plants and industrial septic systems and commercial and industrial wastewater effluent disposal.
3. Wastewater treatment plants. Expansion of existing domestic waste water treatment plants will be allowed upon demonstration of compliance with Department of Environmental Protection regulations. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of compliance with Rule 62-610, F.A.C.
4. Any use which is a potential source of pollution requiring the issuance of a permit from the Florida Department of Environmental Protection, other than residential collection systems for central wastewater systems.
5. Any commercial or industrial activity that handles, utilizes, generates, or disposes of Regulated Substances, includingbut not limited to, Hazardous Waste treatment, storage or disposal facilities as defined in Section 403.703(22), Florida Statutes, or 40 Code of Federal Regulations 260.10 or Chapter 62-730 Florida Administrative Code, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such Hazardous Waste for fuel; Hazardous Waste generators including conditionally exempt small quantity generators and small quantity generators; facilities regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §§ 11001-11050.; vehicle or equipment service and repair facilities; drycleaning or laundromat operations; commercial car wash operations; and maintenance yards and pesticide/fertilizer mixing and handling facilities.
6. New industrial land use zoning. New commercial/light manufacturing
(C-3) zoning shall only be allowed upon the condition that no land use that meets the definition of “Industrial” shall be permitted within such zoning area within WPA 1.
7. Concentrated animal feeding operations.
8. Land application of wastewater residuals (sludge) or septage.
9. Discharges of any Regulated Substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of Chapter 62-25, F.A.C., permit requirements shall be brought into compliance within one (1) year of the effective date of this Ordinance. Stormwater facilities which treat stormwater to Chapter 62-25, F.A.C. standards shall be presumed to be allowable under this section.
10. Underground storage tanks for Regulated Substances, however, this does not prohibit the replacement of tanks associated with an existing nonconforming use where such replacement is required to comply with state or federal regulations.
11. Mining and borrow pits, however, retention or detention ponds required for allowable uses shall not be prohibited.
12. Residential uses that do not provide for a central sanitary sewer facility and wastewater treatment plant located outside WPA 1 and 2.
13. Junkyards.
14. Landfarming of soil contaminated with Regulated Substances.
15. Stormwater retention or detention ponds that will receive stormwater from land-uses prohibited in WPA 1, WPA 2 or SPA and that are constructed after the effective date of this Ordinance.
16. The siting of underground product lines, including, but not limited to, pipelines designed for the transportation of gasoline, oil or other Regulated Substances. This prohibition does not include sewer or reclaimed water lines serving uses allowed within this zone.
17. Excavation of waterways or drainage facilities which intersect the water table.
B. Wellhead Protection Area Two (WPA 2)
The following activities are prohibited in WPA 2:
1. Hazardous Waste treatment, storage or disposal facilities as defined in Section 403.703(22), Florida Statutes, or 40 Code of Federal Regulations 260.10 or Chapter 62-730 Florida Administrative Code, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such Hazardous Waste for fuel.
2. Solid waste disposal.
3. Discharges from commercial and industrial wastewater treatment plants
and industrial septic systems and commercial and industrial wastewater
effluent disposal.
4. Discharges of any Regulated Substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of Chapter 62-25, F.A.C., permit requirements shall be brought into compliance within one (1) year of the effective date of this Ordinance. Stormwater facilities which treat stormwater to Chapter 62-25, F.A.C. standards shall be presumed to be allowable under this section.
5. Landfarming of soil contaminated with Regulated Substances.
6. The siting of underground product lines, including, but not limited to,
Pipelines designed for the transportation of gasoline, oil, or other
Regulated Substances. This prohibition does not include sewer or
Reclaimed water lines serving uses allowed within this zone.
7. Underground storage tanks for Regulated Substances, however, this does
not prohibit the replacement of tanks associated with an existing
nonconforming use where such replacement is required to comply with
state or federal regulations.
8. Residential subdivisions, with a density of greater than one (1) unit per acre, that do not provide for a central sanitary sewer facility and wastewater treatment plant outside WPA 2.
9. Wastewater treatment plants. Expansion of existing domestic wastewater treatment plants will be allowed upon demonstration of compliance with Department of Environmental Protection requirements. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of compliance with Rule 62-610, F.A.C...
10. Hazardous Waste generators including conditionally exempt small quantity
generators and small quantity generators.
11. Any commercial or industrial activity that handles, utilizes, generates, or disposes of Regulated Substances shall be operated and maintained pursuant to all applicable County, State and Federal laws and regulations.
C. Special Protection Areas
The following activities are prohibited within the Special Protection Area.
1. Solid waste disposal.
2. Discharges from commercial and industrial wastewater treatment plants and industrial septic systems and commercial and industrial wastewater effluent disposal, other than mine settling ponds.
3. Wastewater treatment plants. Expansion of existing domestic wastewater treatment plants will be allowed upon demonstration of compliance with Department of Environmental Protection Regulations. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of compliance with Rule 62-610, F.A.C.
4. Any use which is a potential source of pollution requiring the issuance of a permit from the Florida Department of Environmental Protection, other than residential collection systems for central wastewater systems.
5. Any commercial or industrial activity that handles, utilizes, generates, or
disposes of Regulated Substances, including but not limited to, Hazardous Waste treatment, storage or disposal facilities as defined in Section 403.703(22), Florida Statutes, or 40 Code of Federal Regulations 260.10 or Chapter 62-730 Florida Administrative Code, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such Hazardous Waste for fuel; Hazardous Waste generators including conditionally exempt small quantity generators and small quantity generators; facilities regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §§ 11001-11050.; vehicle or equipment service and repair facilities; drycleaning or Laundromat operations; commercial car wash operations; and maintenance yards and pesticide/fertilizer mixing and handling facilities.
6. Concentrated animal feeding operations.
7. Land application of wastewater residuals (sludge) or septage.
8. Discharges of any Regulated Substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of Chapter 62-25, F.A.C., permit requirements shall be brought into compliance within one (1) year of the effective date of this Ordinance. Stormwater facilities which treat stormwater to Chapter 62-25, F.A.C. standards shall be presumed to be allowable under this section.
9. Underground storage tanks for Regulated Substances, however this does not prohibit the replacement of tanks, associated with an existing nonconforming use. where such replacement is required to comply with state or federal regulations.
10. Residential uses that do not provide for a central sanitary sewer facility and wastewater treatment plant outside SPA.
11. Mining and borrow pits however, retention or detention ponds required for allowable uses shall not be prohibited.
12. Junkyards.
13. Landfarming of soil contaminated with regulated substances.
14. Stormwater retention ponds that will receive stormwater from land-uses prohibited in an SPA and that are constructed after the effective date of this Ordinance.
15. The siting of underground product lines, including, but not limited to, pipelines designed for the transportation of gasoline, oil or other Regulated Substances. This prohibition does not include sewer or reclaimed water lines serving uses allowed within this zone.
16. Any commercial or industrial activity that handles, utilizes, generates, or disposes of Regulated Substances.
17. Excavation of waterways or drainage facilities which intersect the water table.
D. Additional Requirements – Best Management Practices
1. For existing and future land development uses or activities located in a WPA 1, WPA 2 or SPA proposing to discharge to surface or groundwater or to handle Regulated Substances, the County may require, where necessary for the protection of groundwater, any or all of the following:
a. Groundwater monitoring wells as in the manner approved by the County, installed at the property owner's expense, prior to issuance of a Certificate of Occupancy. The County shall have the right to inspect and sample the monitoring wells. Certified analytical results of the quantity present in each monitoring well of any Regulated Substance used, handled, reduced, or stored on the property, shall be filed quarterly with the County.
b. Containment for Regulated Substances – Leak-proof trays on the containers, floor curbing, liners, or other containment systems to provide secondary liquid containment, shall be installed where necessary, prior to the issuance of a Certificate of Occupancy. The containment shall be of adequate size 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. The containment system shall be sheltered so that the intrusion of precipitation is effectively prevented. 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 by a registered professional engineer or a professional geologist licensed in the State of Florida.
c. Emergency collection devices - Vacuum suction devices, absorbent scavenger materials, or other devices approved by the County shall be present on-site prior to the issuance of a Certificate of Occupancy or within two (2) hours of a spill by contract with a cleanup company approved by the County prior to the issuance of a Certificate of Occupancy. Devices or materials shall be available 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 in such capacity as to hold the total quantity of regulated substances plus the absorbent material. The presence of such emergency collection devices shall be certified by a registered professional engineer or professional geologist licensed in the State of Florida and verification shall be provided to the County prior to the issuance of a Certificate of Occupancy.
d. Emergency Plan - An emergency plan shall be prepared and filed with the County Office of Emergency Management prior to the issuance of a Building Permit. The emergency plan shall contain each element listed on the Office of Emergency Mangement checklist as amended and shall indicate the procedure to be followed in the event of spillage of regulated substance so as to control all such spill material in such a manner as to prevent it from reaching the stormwater or wastewater system or the ground.
e. Alterations, Expansions, and Modifications - Any alteration, expansion, or modification of regulated land use or activity must be approved by the County prior to implementation. Such alteration, expansion, or modification may result from increased square footage or production, storage capacity, increased quantities of Regulated Substances, or changes in types of Regulated Substances. The County shall be notified in writing prior to any such alteration, expansion, or modification and shall be provided with a detailed description of the alteration, expansion, or modification. The proper notification shall not prevent a re-evaluation of the amendment for modification, and a revision of the conditions of approval if, in the opinion of the County, the alteration, expansion, or modification substantially or materially modifies, alters, or affects conditions upon which the approval was granted or the ability to continue to satisfy any conditions that have been imposed as part of the approval.
2. Conditions of Development Approval
In the event the County determines that a particular land use or activity outside the protection boundaries set forth above poses a significant threat of pollution or contamination to the groundwater, wellfields, or Community Water System supply wells as a result of the handling, storage, production, or other use of Regulated Substances, the County may impose, as conditions of development approval, one or more of the requirements set forth in paragraph D. 1. of this section.
E. Existing Nonconforming Prohibited Uses
All persons who engage in existing uses prohibited under this Ordinance within a SPA, WPA 1 or WPA 2, shall be issued a Notice of Nonconforming Use.
Any use which is lawfully existing on the effective date of this Ordinance or for which a County permit, master plan or conditional plat has been issued by the County, or for which an active application for a County permit was pending on March 1, 2002, and which does not conform with all the provisions of the Ordinance, may remain in use or come into use subject to the following:
1. Expansion or modification of existing nonconforming prohibited uses shall be governed by Section 531 of the Land Development Code.
2. All existing uses utilizing on-site sewage disposal (e.g. septic tanks) shall be connected to the public sewer within 365 days of sewer becoming available as defined in section 110-113, Pasco County Code of Ordinances.
3. All permitted land application sites for wastewater residuals (sludge) or septage in SPAs and WPAs may be used until the expiration of the current permit. Permits for wastewater residual and/or septage land application sites shall not be renewed.
4. Abandonment of a permit, permit application, master plan or conditional plat under this section will result in the loss of non-conforming use status.
5. All such uses shall be operated and maintained pursuant to all applicable County, State and Federal laws and regulations.
SECTION 7: GENERAL EXEMPTIONS
The following activities are exempt from the land use prohibitions applicable to WPAs and SPAs under this Ordinance:
A. Continuous Transport of Regulated Substances
The transportation of any Regulated Substance throughout Pasco County shall be exempt from the provisions of this Ordinance provided the transporting motor vehicle is in continuous transit and meets all applicable State and Federal requirements.
B. Office Use
Use, handling, or storage of Regulated Substances by offices shall be exempt from the provisions of this Ordinance providing that the Regulated Substances are auxiliary to the operating activities of the business and the Regulated Substances are used, handled and stored pursuant to all applicable law and product label instructions.
C. Janitorial Uses
The use of Regulated Substances for the maintenance and cleaning of residential, commercial and office buildings shall be exempt from the provisions of this Ordinance provided the Regulated Substances are used, handled and stored pursuant to all applicable law and product label instructions.
D. 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 shall be exempt from the prohibitions of this Ordinance provided that the procedure below is followed:
The application of any pesticides, herbicides, fungicides, and rodenticides shall be conducted pursuant to all applicable law and product label instructions. The application of any 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 or her supervision that they are working at a site located in WPA 1 or WPA 2, or an SPA for which particular care is required. Records shall be kept of the date and amount of those substances applied at each location and said records shall be available for inspection at reasonable times by the County.
E. Fire, Police, Emergency Medical Services, and County Emergency Management Facilities
Existing fire, police, emergency medical services and County Emergency Management center facilities are exempt from the prohibitions of this Ordinance.
F. Potable Water Utilities
Community Water System utilities are exempt from Ordinance Section 6(A) to the extent necessary to operate water treatment facilities in WPA 1. Utilities shall eliminate the use of liquid fuels for backup generators whenever possible. Provisions shall be made for above-ground and secondary containment when liquid fuels will continue to be used.
G. Reclaimed Water
Reclaimed Water
activities as permitted pursuant to Rule 62-610, F.A.C..
SECTION 8: REGISTRATION OF POTENTIAL POLLUTION SOURCES
Any nonresidential facility or activity within Pasco County, other than the continuous transit through the County, that uses, handles, produces, stores, or disposes of Regulated Substances in quantities greater than twenty-five (25) gallons (˜ 95 liters) if liquid or greater than two hundred twenty (220) pounds (100 kilograms) if solid, in a calendar month shall be required to register with the County within 45 days of the effective date of this Ordinance.
SECTION 9: SINKHOLES
A. All new and existing sinkholes shall be reported to the Pasco County Office of Emergency Management and the Southwest Florida Water Management District. Sinkholes shall be reported prior to backfilling.
B. Backfill material shall be clean and of similar or lower permeability of the surrounding soil. It shall be a violation of this Ordinance to dispose of Regulated Substances, solid waste, untreated stormwater or other inappropriate substances in a sinkhole.
C. Sinkholes that occur in existing detention/retention ponds shall be filled with clean fill material of similar permeability to surrounding soil which will not reduce storage within the ponds and will not allow for short-circuiting of the treatment process.
SECTION 10: NEW COMMUNITY WATER SUPPLY LOCATIONS
Prior to siting of new community water supply well(s), the increase in permitted withdrawal quantities, or the relocation of permitted well(s), the utility shall model WPAs for the proposed wells using the methodology and data provided by the County. No Community Water System supply wells or withdrawal quantity increase will be allowed into an area that would incorporate existing prohibited uses in the WPA. However, if the only such prohibited use is a mine or borrow pit, the wells may be sited if the utility can demonstrate control of the mining or borrow pit.
SECTION 11: FEES
All fees and deposits shall be established by the Board of County Commissioners by resolution. All fees collected under the provisions of this Ordinance shall be used to help defray the cost of implementing this Ordinance and/or to provide for measures to protect the public in the event of spills.
SECTION 12: APPEALS