§ 5.03.03. Restrictions on development.

(a)

Within the zone of exclusion. No commercial development shall take place. No septic tank, drainfield or drainfield expansion shall be permitted within 200 feet of a public potable water well or within 75 feet of a private potable well nor within 75 feet of a high-water line of a lake or canal.

(b)

Prohibited uses and development activities within the wellhead protection zone. The following land uses are prohibited within wellhead protection zone:

(1)

Landfills.

(2)

Facilities for the bulk storage, handling or processing of materials on the Florida Substance List (F.S. ch. 442).

(3)

Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural chemicals, petroleum products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc.

(4)

Feedlots or other concentrated animal facilities.

(5)

Wastewater treatment plants, percolation ponds and similar facilities.

(6)

Mines.

(7)

Excavation of waterways or drainage facilities which intersect the water table.

(c)

Special restrictions.

(1)

References.

a.

40 CFR 122.21, Permits to discharge pollutants.

b.

40 CFR 261, Hazardous wastes.

c.

40 CFR 264, Operating hazardous waste storage sites.

d.

40 CFR 302, (table 302.4) Reportable quantities of hazardous substances.

e.

40 CFR 355, appendix A and B, Extremely hazard substances.

f.

F.A.C. ch. 381, 30.003, Florida Substance List.

(2)

The following activities or uses are exempt from these provisions:

a.

The transportation of any hazardous substance through the wellhead protection area, provided the transporting vehicle is in continuous transit.

b.

The commercial or residential application on residential lawn or commercial landscaping of those regulated substances used as pesticides, herbicides, fungicides, and rodenticides in recreation, agriculture, pest control and aquatic weed control activities shall be exempt from the provisions of this division provided that:

1.

In the protection area, the application is in strict conformity with the use requirement as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold;

2.

In the protection area, the application is in strict conformity with the requirements as set forth in F.S. chs. 482 and 487, and F.A.C. chs. 5E-2 and 5E-9; and

3.

Regulated substances shall also include the generic items listed below and byproducts, reaction products and waste products generated from the use, handling, storage or production of these items.

(i)

Acid and basic cleaning solutions.

(ii)

Antifreeze and coolants.

(iii)

Arsenic and arsenic compounds.

(iv)

Batteries.

(v)

Bleaches, peroxides.

(vi)

Brake and transmission fluid.

(vii)

Oils/greases/lubricants.

(viii)

Brine solution.

(ix)

Casting and foundry chemical.

(x)

Caulking agents and sealants.

(xi)

Cleaning solvents.

(xii)

Corrosion and rust prevention.

(xiii)

Cutting fluids.

(xiv)

Degreasing solvents.

(xv)

Disinfectants.

(xvi)

Electroplating solutions.

(xvii)

Explosives.

(xviii)

Fertilizers.

(xix)

Fire extinguishing chemicals.

(xx)

Food processing wastes.

(xxi)

Fuels and additives.

(xxii)

Glues, adhesives and resins.

(xxiii)

Greases.

(xxiv)

Hydraulic fluid.

(xxv)

Industrial and commercial janitorial supplies.

(xxvi)

Industrial sludges and stillbottoms.

(xxvii)

Inks, printing and photocopying chemical.

(xxviii)

Laboratory chemicals.

(xxix)

Medical, pharmaceutical, dental, veterinary and hospital solutions.

(xxx)

Metal finishing solutions.

(xxxi)

Oils (petroleum base).

(xxxii)

Paints, primers, thinners, dyes, stains, wood preservatives, paint solvents and paint removing compounds.

(xxxiii)

Pesticides and herbicides.

(xxxiv)

Plastic resins, and catalysts.

(xxxv)

Plasticizers.

(xxxvi)

Photo development chemicals.

(xxxvii)

Pool chemicals.

(xxxviii)

Roofing chemicals.

(xxxvix)

Solders and fluxes.

(xl)

Tanning industry chemicals.

(xli)

Transformer and capacitor oils/fluids.

4.

Discharge prohibited.

(i)

Under no conditions shall a person allow the discharge or disposal of a regulated substance into the soils, groundwater or surface water within said zones.

(ii)

Any discharge of a regulated substance of five gallons (liquid) or 25 pounds (solid) to the soils, surface water or groundwater in the town shall be reported by the facility owner or operator to the town manager or the police department. Any person knowing or having evidence of a discharge shall report such information. If the substance discharged is known, the owner, operator or person providing notification shall inform the town manager or the police department of the substance discharged and the hazard potential, if known.

(iii)

If during inspection by town personnel, a facility is found to have visible signs of contamination or if a reportable discharge occurs that may affect soil, surface water or groundwater, the facility owner shall conduct an investigation which may include soil boring, soil sampling and analysis, and monitoring well installation following the provisions of this section.

A.

Applicable rules and guidelines. Petroleum and petroleum product contamination shall follow the procedures established in F.A.C. ch. 17-770. Established state department of environmental protection (DEP) enforcement cases shall follow DEP's "Model Orders for Corrective Action" or the procedures established by consent order. All other Regulated Substances shall follow procedures set forth by the county environmental protection department on a case-by-case basis. Sampling procedures and laboratory analysis shall meet the requirements of F.A.C. ch. 17-160.

B.

Immediate corrective actions. Whenever it is determined by the inspector or town manager that a discharge of regulated substances is within 1,000 feet of a public potable water well or is resulting in danger to life or property, the town may require immediate corrective action. Initiation of any required clean-up activities shall commence within 24 hours and shall be completed within a time specified by the town. Failure to take such immediate corrective action is a violation of this Land Development Code. If immediate corrective measures are not taken and there is danger or hardship to the public, the inspector or town manager may enter upon lands, take corrective actions and place a lien on the real property of such person or persons to recover the costs of the corrective measures.

5.

Remediation.

a.

Any discharge of a regulated substance that is proven to contaminate a public or private potable well shall be remediated by the regulated substance property owner or operator at their own expense including but not limited to costs associated with reporting, technical report preparation, providing alternative potable water sources, monitoring groundwater contamination in public, private and monitoring wells, and any action taken by local officials to respond to, and provide assistance to, the responsible party.

b.

Any affected groundwater or surface water must be remediated to drinking water standards or background water quality.

c.

Affected soils shall be remediated using the best available technologies for the particular contaminant that has been released. The disposal option should be identified if soils are to be removed from the site. Stockpiling contaminated soil indefinitely is not an option within 1,000 feet of a public supply well.

d.

If any soil work is to be performed, all stormwater sedimentation erosion controls must be in place and approved by the town manager.

6.

The discharge of any regulated substance to a septic system or sewage system shall be considered a violation of this ordinance.

7.

Contractor or property owner responsible party.

a.

The general contractor, or if none, the property owner, shall be responsible for ensuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any regulated substances. For instance, handling regulated substances in the proximity of water bodies or wetlands may be improper.

b.

If any regulated substances are stored on the construction site, including fuel storage containers and dispenser, during the construction process, they shall be stored in a location and manner which will minimize any possible risk of release to the environment. Any storage container of 55 gallons (liquid) or 440 pounds (solid), or more, containing regulated substances shall have constructed below them an impervious containment system constructed of material of sufficient thickness, density and composition that will prevent the discharge to the land, groundwater or surface water of any pollutant which may emanate from said storage tank or tanks. Each containment system shall be able to contain 150 percent of the contents of all storage containers above the containment system.

c.

Each contractor shall familiarize himself with the manufacturer's safety data sheet supplied with each material containing a regulated substance and shall be familiar with procedures required to contain and clean up any releases of the regulated substance. Any tools or equipment necessary to accomplish same shall be available in case of a release.

d.

Upon completion of construction, all unused and waste regulated substances and containment system shall be removed from the construction site by the responsible contractor and shall be disposed of in a proper manner as prescribed by law.

e.

Contractors shall be responsible for preventative measures that could discourage vandalism which causes releases of regulated substances from containers or vehicles on the construction site.

f.

Extreme care should be taken when performing maintenance or fueling equipment so that spillage of fuels, oils and greases does not occur.

g.

If a discharge occurs, it should be the responsibility of the general contractor or the property owner to follow the provisions of this regulation. It shall be considered a violation of this regulation if a discharge of regulated substances occurs and no cleanup is performed. The town reserves the right to deny the approval of a certificate of occupancy until all provisions regarding this regulation have been met.

8.

Waterwell abandonment, etc.

a.

The construction, repair, use or abandonment of any waterwell must be performed in accordance with the appropriate regulations of federal, state and regional agencies including but not limited to F.S. ch. 373, part III and F.A.C. chs. 17-20, 17-21, 17-22, 17-28 and 17-61.

b.

Any excavation (well) that is not being used for removing groundwater from an aquifer; recharge; determining quantity, quality, level or movement of groundwater; and removing or exchanging heat shall be properly abandoned at the property owner's expense following the guidelines established by the South Florida Water Management District (SFWMD).

9.

Vehicular and lawn maintenance fuels and lubricants. The use in a vehicle or lawn maintenance equipment of any regulated substance solely as fuel in that vehicle or equipment fuel tank or as lubricant in that vehicle or equipment is not regulated; however, extreme care must be taken to prevent spillage or discharging fuels and lubricants to soils, groundwater or surface water.

10.

Where public potable water wells are on property to be developed, are proposed to be added or are within 1,000 feet of any property line of the new development, the applicant shall submit information which shall include but not be limited to site hydrology, geology, geologic maps, surficial aquifer characteristics, confining unit definitions, water table contour map, direction and rate of groundwater flow, maximum/minimum recorded water table elevations, aquifer relationship to local geology, location of local discharge features, background water quality, suitability for irrigation and wastewater reuse, aquifer characteristics, and potentiometric surface map.

It is the responsibility of the applicant to submit sufficient information for the town engineer to evaluate the environmental characteristics of the affected areas. The potential and predicted impacts of the proposed activity on groundwater and the effectiveness and acceptability of those measures proposed by the applicant on reducing adverse impacts on groundwater and natural groundwater aquifer recharge areas shall be shown.

(Ord. No. 91-6, § 3(5.03.03), 2-11-1992; Ord. No. 93-2, § 1(5.03.03), 5-11-1993)