7800-07
ORDINANCE NO. 7800-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WELLHEAD PROTECTION; AMENDING
CHAPTER 24, PUBLIC HEALTH, ARTICLE III, WELLHEAD
PROTECTION OF THE CLEARWATER CODE OF
ORDINANCES; ADDING NEW SECTION 24.64, PERMIT
REQUIREMENTS; RENUMBERING SECTIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the current wellhead protection program became effective through
Ordinance No. 5095-91 in June 1991; and
WHEREAS, it is determined that changes should be made to the wellhead protection
ordinance in order to address changes in the Florida Administrative Code; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 24, Public Health, Article III, Wellhead Protection of the
Clearwater Code of Ordinances is hereby amended as follows:
Sec. 24.61. Purpose and intent of article.
The purpose and intent of this article is to protect and safeguard the public health,
safety, and welfare by providing a wellhead protection contamination prevention
program which regulates the use or storaqe of contaminating materials within a
prescribed protection zone surrounding potable water supply wells within the City of
Clearwater.
Sec. 24.62. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section; except where the context clearly indicates :1
different moaning:
Contaminating material means any physical, chemical, biological, or radiological
formulation, mixture or substance, wet or dry, natural or synthetic, that could be
introduced into the public potable water supply in quantities and concentrations that
could violate the standards assigned to potable water as established in Chapter 62-550,
Rule 17 550, Florida Administrative Code (F.A.C.), of the Florida Department of
Environmental Protection (FDEP) Regulation.
Enqineerinq .DubUc \/'Iorks director means the director of the enqineerinq department at
public 'Norks of the city, or an employee within the enqineerinq department of public
works authorized by the director to exercise authority or to carry out any of the duties
under this article.
Potable Water Well means any water well that supplies water for human consumption
and that is connected to the City of Clearwater Public Water System.
Ordinance No. 7800-07
Sec. 24.63. Permit--Required.
(1) l\s of July 1, 1991, ::my ne\\' business, commercial, industrial or other nonresidential
activity proposed to be established or expanded on property within the city, any portion
of which property is located 'Nithin 200 feet of a potable water supply 'Nell permitted by
the Southwest Florida \^/ater Management District (S'NFVVMD), where the proposed
activity involves the use, handling, conveyance or storage of any oontaminating
material, shall obtain a wellhead protection permit from the public works direotor. A
wellhead protection permit shall may be obtained from the enQineerinQ director for any
new business. commercial. industrial or other nonresidential activity on property within
the city if any portion of the subiect property is within 500 feet of a potable water well. A
wellhead protection permit shall be obtained from the enQineerinQ director for any new
residential construction on property located within the city if any portion of the subiect
property is within 100 feet of a potable water well. A wellhead protection permit may be
issued by the enQineerinQ director after review of the application and protection-
containment plan (if required) submitted by the applicant. No business tax receipt or
buildinQ permit shall be issued for any activity for which a wellhead protection permit is
required until such permit has been issued. Permits shall have a term not to exceed
twelve months and shall expire on March 15 of each year. Applications for annual
permit renewal shall be submitted no later than thirty days prior to permit expiration.
issued by the public works director after review of the protection oontainment plan to be
submitted by the applicant. No occupational license shall be issued and no development
order, including but not limited to any building permit, shall be approved f-or any activity
for which a wellhead protection permit is required until such permit has been issued or
the issuance of a 'Nellhead protection permit has been made a contingency of such
approval.
(2) On or before December 31, 1991, all existing nonresidential activities involving the
use, handling, conveyance or storage of contaminating materials located on property
\vithin the city, any portion of ':.'hich property is located within 200 feet of a potable water
supply well permitted by S'NF\^.'MD, shall submit a protection containment plan and an
application for a 'Nellhead protection permit to the department of public 'Norks, and shall
obtain a wellhead protection permit within 60 days following the application date.
Sec 24.64 Permit requirements
(1) Activities within a 500-foot radial distance around a potable water supply well
shall conform to the requirements of Chapter 62-521. F.A.C.. Wellhead Protection.
(2) Activities defined as potentially hiQh risk to Qround water quality in Chapter 62-
555.312. F.A.C. shall not be permitted within 100 feet of an existinQ potable water
supply well.
(3) Activities defined as a moderate risk to Qround water quality in Chapter 62-
555.312. F.A.C. shall not be permitted within 50 feet of an existinQ potable water supply
well.
(4) If any contaminatinQ material is proposed to be used or stored for any business.
commercial. industrial or other nonresidential use within 500 feet of a potable water
supply well. a Protection-Containment Plan shall be submitted. If any contaminatinQ
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Ordinance No. 7800-07
material is proposed to be used or stored for residential use within 100 feet of a potable
water supply well. a Protection-Containment Plan shall be submitted.
(5) A Wellhead Protection Permit application shall at a minimum include a location
map of the potable water well and 500 feet surroundinQ the well. plans for the proposed
development or expansion/chanQe of an existinQ use (if applicable). the location and
identification of existinQ uses in a SOD-foot zone for a commercial use application or a
1 DO-foot zone for a residential use application. a IistinQ of any contaminatinQ material to
be used or stored on the site and a Protection-Containment Plan if necessary.
Sec. 24.6Q.. -1. Same--Review of protection-containment plan.
(1) In reviewing a protection-containment plan submitted by an applicant for a wellhead
protection permit, the following factors shall be considered when determining the
sufficiency of the plan:
(a) The amountJ. aAd character and intended use of the contaminating material
involved;
(b) Storage, conveyance and handling techniques to be employed by the applicant;
(c) The extent of any propensity to spill, break, lose or discharge contaminating
material;
(d) The type of containment devices to be employed;
(e) The extent of employee safety training and practices; and
(f) Any other consideration appropriate to the protection of the wellhead.
(2) No wellhead protection permit shall be issued unless the protection-containment
plan and permit application fully addresses all contamination and safety matters to the
satisfaction of the public works enQineerinQ director. A wellhead protection permit may
be issued subject to conditions related to the protection of the public potable water
supply.
Sec. 24.62-5. Same Permit Denial.
If a wellhead protection permit application is denied, a notice of denial, including the
reasons for such denial, shall be provided to the applicant. The applicant may appeal a
permit denial, or may appeal a condition imposed in conjunction with a permit approval,
within 30 days following receipt of notice of denial or approval by filing a request for
review with the city manager. The request for review shall include, among other things,
a statement of the grounds upon which the applicant seeks review. The city manager
shall conduct a hearing within 45 days of receipt of a request for review. The city
manager's decision regarding the application shall be deemed the final administrative
action of the city, and such review shall be deemed a necessary administrative remedy
prior to seeking judicial relief.
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Ordinance No. 7800-07
Sec. 24.6Le. S3me--Sale of property, change of use activity.
(1) A wellhead protection permit shall be nontransferable and nonassignable. A new
wellhead protection permit shall be required whenever the property or business is
conveyed. A new Protection-Containment Plan (if previously required or if required for
new proposed activities) shall be submitted with the new wellhead protection permit.
(2) A new wellhead protection permit shall be required whenever there is a chanqe of
use on the property as defined in Section 8-102. of the City of Clearwater Community
Development Code. A new Protection-Containment Plan shall be submitted if required
for the use. handlinq. conveyance or storaqe of contaminatinq material on the property.
the activity on the property is changed such th3t the use, h3ndling, conveY3nce or
stor3ge of contamin3ting m3terials is different th3n th3t described in the protection
cont3inment pl3n previously permitted.
Sec. 24.6f! 1- . Enforcement of article--Inspections.
The enqineerinq public works director shall designate employees within the enqineering
department of public 'Jvorks as inspectors for the purpose of enforcing this article. Such
inspectors may inspect the premises of a wellhead protection permit holder during
normal working hours of the permit holder for the purpose of determining compliance
with this article and with any condition imposed in conjunction with the issuance of a
permit.
Sec. 24.6~ 8. S3me--Revocation of permit.
A failure to comply with any of the requirements of this article or a failure to comply with
any condition imposed upon the issuance of a wellhead protection permit shall
constitute grounds for the revocation of a wellhead protection permit. The enqineerinq
public works director may revoke a permit by providing notice of revocation to the permit
holder, which notice shall state the reasons for revocation. A revocation shall be subject
to review by the city manager in the same manner as a denial of a permit application,
and such review shall be deemed a necessary administrative remedy prior to seeking
judicial relief.
Sec. 24. 70 99. Same--Violations and penalties.
(1) A failure to obtain a wellhead protection permit by any person required to obtain
such permit, a failure to comply with any of the requirements of this article, or a failure to
comply with any condition imposed upon the issuance of a wellhead protection permit
shall constitute a violation of this article.
(2) Violations of this article shall be subject to punishment by a fine not to exceed
$500.00 per day. The city may take any appropriate enforcement action. pursuant to
Section 1.12 of this Code and Article 7 of the Community Development Code, in any
available judicial or administrative forum to enforce the provisions of this article.
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Ordinance No. 7800-07
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
August 14. 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 6. 2007
-z.,-./ / ~
"frank V. Hibbard
Mayor
Approved as to form: Attest:
5 Ordinance No. 7800-07