§ 5.02.00. Potable Water Wellhead Protection Areas.  


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  • 5.02.01 Purpose and Intent. The purpose and intent of this Section is to safeguard the health, safety, and welfare of the citizens of the City by registering all land uses and activities that occur within Wellhead Protection Areas surrounding potable water supply wells, thereby providing protection of the principal source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the City; therefore, standards are described in this Section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this Section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

    5.02.02 Establishment of Wellhead Protection Area. Development regulations established in this Section shall be applicable to designated wellhead protection areas for all public supply water wells. Prior to designation of or in the absence of sufficient information for wellhead protection areas, the official Wellhead Protection Area shall consist of a radius of 400 feet around each of the City's public supply potable water wells, as provided for in the Future Land Use Element, Policy 7.1 and Conservation Element, Policy 1.3 of the Comprehensive Plan of the City of Wauchula (see Figure 5.02.03(A)). An official map of wells and their Wellhead Protection Areas shall be maintained in the Development Director's office.

    Where a property lies partly outside the Wellhead Protection Area, development standards contained in this Section shall apply only to that part of the property lying within the Wellhead Protection Area. Where the Wellhead Protection Area boundary passes through a building, the entire building shall be considered to be in the Protection Area.

    5.02.03 Wellhead Protection Area Land Use Restrictions.

    (A)

    Zone of Exclusion. The first 200-foot radius from a well shall be a Zone of Exclusion, where all development activities are prohibited (see Figure 5.02.03(A)).

    (1)

    It is the intent and purpose of the City to eliminate all activity of a hazardous nature or that produces hazardous materials/waste within 200 feet of a wellhead.

    (B)

    Zone of Protection. This Zone is the area from 200 feet to 400 feet from a wellhead (see Figure 5.02.03(A)).

    (1)

    All activities located 200 feet to 400 feet from a wellhead are permitted in accordance with the zoning district and the Table of Land Uses, except in the handling, production, or storage of hazardous substances, which shall be prohibited within the Wellhead Protection Area.

    (2)

    The City shall maintain a list of all land uses and activities within the Wellhead Protection Area Zone of Protection by requiring all activities to be registered with the City. The City shall register all activities from 200 to 400 feet of a well within one year of the adoption of the ordinance that established this Section:

    FIGURE 5.02.03(A)

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    (C)

    Prohibited Land Uses and Activities. The following land uses and activities are prohibited in the entire Wellhead Protection Area, including the Zone of Protection and shall cease within one year of the adoption of the ordinance that established this Section:

    (1)

    Landfills;

    (2)

    Facilities for bulk storage, handling, or processing of materials on the Florida Substance List;

    (3)

    Activities that require the storage, use, handling, production, or transportation of restricted substances, agricultural chemicals, petroleum products, hazardous toxic waste, medical waste, or similar substances; non-residential use, handling, production or storage of hazardous substances in any quantity; and, residential use of more than five gallons;

    (4)

    Feed lots or other commercial animal facilities;

    (5)

    Wastewater treatment plants, percolation ponds, or similar facilities; and

    (6)

    Mines; and

    (7)

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

    5.02.04 Registration of Land Uses and Activities in Wellhead Protection Areas. All land uses and activities within the Wellhead Protection Area must be identified and registered with the City. The registration is to enable the City to eliminate all potential sources of contamination of the potable water supply.

    (A)

    Registration within One Year. All land uses and activities from 200 to 400 feet of a wellhead shall be registered with the City within one year from the adoption of the ordinance that that established this Section, without a fee. Thereafter, said person shall be subject to the fee schedule adopted in connection with this Code as outlined under Section 5.02.07.

    (B)

    Exemptions. The following activities or uses are exempt from registration requirements in the Zone of Protection:

    (1)

    The transportation of any hazardous substance through the Zone of Protection;

    (2)

    Fuel in a vehicle fuel tank or as lubricant in a vehicle;

    (3)

    Repairing or maintaining any facility or improvement on lands within the Zone of Protection; and

    (4)

    Geotechnical borings.

    (C)

    Registration Procedure. Each landowner with a legal use or activity between 200 feet and 400 feet of a wellhead shall notify the City as to the nature of the use or activity. The information shall be sent to the Planning and Zoning Department by letter. The information required is as follows:

    (1)

    Name, address, and phone number of the property owner, operator, and/or agent, and the Tax Parcel Number;

    (2)

    Signature of agent or owner;

    (3)

    Locational description of the property, such as "located on Highway 17 between Pine and Redwood Streets."

    (4)

    A description of the land use or activity at the location;

    (5)

    A list of all known hazardous substances that may be utilized, generated, and/or stored at the described property;

    (6)

    If required by the Development Director, a survey or scale drawing of the property, identifying existing structures, adjacent streets, and water bodies in relation to the wellhead.

    5.02.05 Modification of Requirements.

    (A)

    Any person affected by this Section may petition the Commissioners for modification from the prohibitions and registering requirements of this Section, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill.

    (B)

    The Commissioners shall determine whether the land use or activity shall be approved under the provisions of this Section. In making this decision, the Commissioners shall consider:

    (1)

    The cumulative impacts of the land use or activity on the Zone of Protection in combination with other uses or activities that have been permitted within said Zone; and

    (2)

    Whether the proposed use end product that is a threat to the water supply can be contained in the case of a spill.

    5.02.06 Notification of Discontinuation of Land Use or Activity in a Wellhead Protection Zone.

    (A)

    It is the intent and purpose of the City to eliminate all land uses and activities within 200 feet of a wellhead that are hazardous or created hazardous materials or residue. All activities from 200 feet to 400 feet from a wellhead are limited, with some activities prohibited. Those prohibited activities are listed in this Article, specifically in Section 5.02.03(C). An owner of a property that falls within the Wellhead Protection Zone is required to register his land use activity with the City as outlined in this Article, specifically in Section 5.02.04.

    (B)

    A record will be kept on file of all land uses and activities within the 400-foot Wellhead Protection Area of all wells. If a land use or activity ceases, the owner must notify the City by registered letter within 30 days of cessation of use.

    5.02.07 Fee Resolution. The Commissioners may, at their option, adopt a fee schedule by resolution to provide for funding for the administration of this Section.