MURPHREE WELLFIELD
PROTECTION CODE
Chapter 355 of the Alachua County Code
Board of County Commissioners
Alachua County Environmental
Protection Department
201 SE 2nd Avenue, Suite 201
Gainesville, Florida 32601
Phone:
Fax:
(352) 264-6800
(352) 264-6852
Adopted:
October 24, 2000
Alachua County
Board of County Commissioners
ORDINANCE 00- 20
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA
COUNTY, FLORIDA REPEALING IN TOTAL CHAPTER 355 OF THE ALACHUA COUNTY
CODE, AND ADDING CHAPTER 355, THE MURPHREE WELLFIELD PROTECTION CODE;
PROVIDING FOR REGISTRATION OF WELLS AND NON-RESIDENTIAL SEPTIC TANKS,
REGULATION OF WELL CONSTRUCTION AND ABANDONMENT, HAZARDOUS
MATERIAL TRANSPORT AND STORAGE, AND RELATED ASPECTS OF LAND USE IN
WELLFIELD PROTECTION ZONES BASED ON TRAVEL TIME; PROVIDING FOR LIBERAL
CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County
Commissioners of Alachua County, Florida, to provide standards which will ensure its citizens’
health, safety and welfare; and
WHEREAS, protection of the drinking water supply is essential to the public safety,
health, and welfare of Alachua County’s citizens; and,
WHEREAS, the Board of County Commissioners of Alachua County, Florida, recognizes
that the health, safety, and welfare of its citizens will be better served by revising the existing
Murphree Wellfield Protection Code;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
ALACHUA COUNTY, FLORIDA:
Section 1. Section 355 of the Alachua County Code is repealed in its entirety and the
following is added:
Sec. 355.01 Title.
This chapter shall be known and cited as the “Murphree Wellfield Protection Code."
Sec. 355.02 Findings.
The Board of County Commissioners of Alachua County, Florida, finds and declares that:
(a)
The protection of public health and safety are dependent upon the preservation of
high quality groundwater for public drinking water supply.
(b)
The public drinking water supply of the Gainesville urban area is provided through
an established wellfield, known as the Murphree Wellfield, located at the Dr. Walter E. Murphree
Water Treatment Plant, 1600 N.E. 53rd Avenue, Gainesville, Florida. The source of the water
supplying the wellfield is the Floridan aquifer. In this area, Alachua County water in the Floridan
aquifer is protected by confining sediments of the Hawthorn Group. The low permeability of the
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materials present in these sediments aids in preventing the downward migration of contaminants
into the Floridan aquifer.
(c)
Wells, improperly constructed or that exist in a deteriorated state, which penetrate
these confining units may serve as conduits for contaminants to migrate into the Floridan aquifer.
There exists a need to limit unnecessary well construction and to properly abandon existing wells
that may serve to enhance the flow of poor quality water and contaminants into the Floridan
aquifer.
(d)
Regulation of land uses, development, facilities that store hazardous materials,
hazardous cargo transport, and well construction and abandonment will ensure protection of
groundwater that is used for public supply.
(e)
Technical, hydrogeological modeling has been used to establish wellfield
protection zones based on travel times.
(f)
It is appropriate and in the interest of the public health, safety, and welfare of the
citizens of Alachua County to adopt regulations relating to wells, facility uses, land uses, and
development in the vicinity of the Murphree Wellfield to prevent contamination of the
groundwater supply.
(g)
The revisions to this chapter are consistent with the Alachua County
Comprehensive Plan.
Sec. 355.03 Purpose and applicability.
The purpose of this chapter is the protection of health, life, resources, and property through
registration of wells and non-residential septic tanks, and regulation of well construction and
abandonment, hazardous material transport and storage, and related aspects of land use and
development in the vicinity of the Murphree Wellfield. Upon the effective date of this chapter,
existing facilities shall comply with all provisions in this chapter, except where a longer timetable
for compliance is specifically indicated. The land use restrictions [sections 355.08 (a) (1),(2), (3)
and (6); (b) (1); and (c) (1), (2) and (3)] are only applicable in the unincorporated areas of
Alachua County. Variances to the land use restrictions can only be granted by the county in the
unincorporated area of the county. This chapter shall not be construed as to restrict the City of
Gainesville from entering into interlocal agreements with the county for the purpose of
enforcement of some or all of the provisions of this chapter within the boundaries of the City of
Gainesville.
Sec. 355.04 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall
have the meaning given in this section unless the context clearly indicates otherwise:
Agricultural operations: The science and art of production of plants and animals useful to
man, including, to a variable extent, the preparation of these products for man’s use and their
disposal by marketing or otherwise, and shall include vegetables, fruits, dairy products, livestock,
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poultry, bees, nuts, and any and all forms of farm products and farm production. This term does
not include silvicultural operations, nurseries, or golf courses.
Aquifer or aquifer system: A geologic formation, group of formations, or part of a
formation that contains sufficient saturated, permeable material to yield significant quantities of
water to wells and springs.
AWWA: The American Water Works Association.
Board: The Board of County Commissioners of Alachua County, Florida.
CFR: Code of Federal Regulations.
Code: The Alachua County Code, Part III Unified Land Development Code.
County: Alachua County, Florida.
Department: The Alachua County Environmental Protection Department.
Discharge: Shall mean and include, but not be limited to, spilling, leaking, seeping,
pouring, injecting, emitting, emptying, disposing, or dumping hazardous materials in the county
which results in the violation of any applicable federal, state, or local requirements; or creates a
public nuisance.
Drainfield: A system of open-jointed or perforated piping, approved alternative
distribution units, or other treatment facilities designed to distribute effluent for filtration,
oxidation, and absorption by the soil within the zone of aeration.
Economic hardship: That the cost of connection to a public utility exceeds the cost of the
proposed well and pumping system or a septic tank and drainfield by a factor of 2.5.
FAC: Florida Administrative Code.
Facility: A building or buildings, appurtenant structures, and surrounding land area at a
single location or site on a single parcel of property.
FDEP: The Florida Department of Environmental Protection.
Floridan aquifer or Floridan aquifer system: The thick carbonate sequence of subsurface
strata which includes all or part of the Paleocene to early Miocene Series and functions regionally
as a water-yielding hydraulic unit. For the most part, the top of the aquifer system coincides with
the top of the Suwannee Limestone, where present, or the top of the Ocala Formation. Where
these units are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn
Group form the top of the aquifer system.
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Groundwater: Water in a saturated zone or stratum beneath the surface of land or water,
whether or not it is flowing through known and definite channels.
Hazardous materials: Those materials as defined in section 353.26, “Materials regulated,”
of the Alachua County Hazardous Materials Management Code.
Intermediate aquifer or intermediate aquifer system: All rocks that lie between the
overlying surficial aquifer system and the underlying Floridan aquifer system. These rocks in
general consist of fine-grained clastic deposits interlayered with carbonate strata belonging to all
or parts of the Miocene and younger series. In places, poor water-yielding to non-water-yielding
strata mainly occur; there the term "intermediate confining unit" applies.
mgd: Millions of gallons per day.
Murphree Wellfield: The land area defined by the property boundaries of all contiguous
tax parcels owned by the City of Gainesville in Section 15, Township 9 South, Range 20 East,
which are associated with the Dr. Walter E. Murphree Water Treatment Plant, located at 1600
N.E. 53rd Avenue, Gainesville, Florida, and proposed well locations shown in exhibit A.
Petroleum product: Fuels (gasoline, diesel fuel, kerosene, and mixtures of these products),
lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum based
products.
Pollution prevention plan: A plan to minimize pollution potential as defined in section
353.34, “Pollution prevention plan,” of the Alachua County Hazardous Materials Management
Code.
Primary containment: The first level of product-tight containment, i.e., the portion of a
storage container which comes into immediate contact on its inner surface with the hazardous
material(s) being contained. The term “primary containment” does not include internal liners.
Primary wellfield protection zone: The land area immediately surrounding the Murphree
Wellfield, and the land area defined as the two year Floridan aquifer system travel time at a 60
mgd pumping rate as shown in exhibit A.
Product-tight: Impervious to the hazardous material contained so as to prevent the release
of the hazardous material from the container. To be product-tight, the container shall be made of
a material that is physically and chemically resistant to the hazardous material being stored.
Proper well abandonment: Approved techniques to completely seal the well, abandoning
it in accordance with water management district rules and applicable local, state, and federal
requirements.
Secondary containment: A level of containment which is external to and substantially
separate from the primary containment, which will prevent the contained material from being
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discharged or released, and which will allow for leak detection capability between the two levels
of containment.
Secondary wellfield protection zone: The land area surrounding the primary wellfield
protection zone, and the land area defined as the 10 year Floridan aquifer system travel time at a
60 mgd pumping rate as shown in exhibit A.
Septic tank system: An onsite sewage treatment and disposal system that contains a
standard subsurface, filled, or mound drainfield system; an aerobic or anaerobic treatment unit; a
graywater system tank; a laundry wastewater system tank; a grease interceptor; a dosing tank; a
solids or effluent pump; a sanitary pit privy that is installed or proposed to be installed beyond the
building sewer on land of the owner or on other land to which the owner has the legal right to
install a system. This term does not include package sewage treatment facilities and other
treatment works regulated under Florida Statutes, Chapter 403.
Silvicultural operations: Management practices for controlling forest establishment,
composition, growth, and harvesting..
Sinkhole: A depression in the land’s surface which has been created by dissolution of
underlying limestone or other soluble rocks and the collapse of the overlying surficial material into
the underlying solution cavities.
STEP system: A Septic Tank Effluent Pumping System, consisting of a closed wastewater
storage and conveyance system whereby a septic tank is used as a holding tank for wastewater
prior to discharge to a public utility system.
Storage facility: A location on a single parcel of property at which hazardous materials
are stored. This term shall be interpreted broadly to refer to individual buildings, warehouses,
drum storage pads, tank farms, and similar areas used for storage of hazardous materials and not
to separate rooms or storage cabinets within such areas.
Storage system: Any single or interconnected combination of aboveground or
underground storage container(s), piping, pump(s), valves, secondary containment, and other
component(s) which are designed for use in receiving, storing, containing, or dispensing
hazardous materials.
Surficial aquifer or surficial aquifer system: The permeable hydrogeologic unit
contiguous with land surface that is comprised principally of unconsolidated to poorly indurated
clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Floridan
aquifer system where the Floridan is at or near land surface.
Tertiary wellfield protection zone: The land area surrounding the secondary wellfield
protection zone, and the land area defined as the 25 year Floridan aquifer system travel time at a
60 mgd pumping rate as shown in exhibit A.
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Travel time: The calculated time required for a particle of water to travel horizontally
from a given point within the Floridan aquifer system to the wellfield.
Well: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is to conduct groundwater from
an aquifer or aquifer system to the surface by pumping or natural flow, to conduct waters or other
liquids from the surface into any area beneath the surface of land or water by pumping or natural
flow, or to monitor the characteristics of groundwater within an aquifer system(s). For the
purposes of this chapter, geotechnical borings greater than 20 feet in depth shall be included in the
definition of "well."
Well not in use: A well from which water has not been or cannot be withdrawn for a
period of one year.
Sec. 355.05 Designation of administrative department.
The Alachua County Environmental Protection Department is designated as the county agency
responsible for the administration and enforcement of this chapter.
Sec. 355.06 Powers and duties of Department.
The Department and its designated employees shall have the following powers and duties:
(1)
Administer and enforce the provisions of this chapter.
(2)
Investigate complaints, study, and observe pollution conditions and make
recommendations as to the institution of action necessary to abate
nuisances caused by pollution, and as to the prosecution of any violation of
this chapter.
(3)
Make appropriate surveys, sample collections, tests, and inspections of
property, facilities, equipment, and processes operating under the
provisions of this chapter to determine whether the provisions of this
chapter are being complied with, and make recommendations for methods
by which pollution may be reduced or eliminated.
(4)
Maintain, review, and supervise all operating records required to be filed
with the Department by persons operating facilities subject to the
provisions of this chapter.
(5)
Render assistance and technical advice to persons owning or operating
regulated facilities, except that the Department and its employees shall not
design facility systems for any person.
(6)
Perform such other administrative duties as may be assigned by the board.
(7)
Issue a Hazardous Materials Storage License, as set forth in section
355.11, “Hazardous Materials Storage License.”
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(8)
Authorize emergency cease and desist activities and authorize any and all
other measures to protect groundwater in cases deemed to be an imminent
threat to the public health, safety and welfare.
(9)
Determine what aquifers are intercepted by a given well and which, if any,
confining units are breached.
Sec. 355.07 Wellfield protection zone delineation.
The geographic extent of the primary, secondary, and tertiary wellfield protection zones are
delineated on the map titled Murphree Wellfield Protection Zones, attached hereto as Exhibit A,
which is hereby adopted and made a part of this title. The zones shown on this map roughly
approximate modeled travel times. Exhibit A serves as the reference for the extent of these zones
and is on file at the offices of the Department, City of Gainesville, Gainesville Regional Utilities,
and the Alachua County Property Appraiser and Departments of Public Works and Growth
Management.
Sec. 355.08 Wellfield protection zone requirements.
Requirements that apply to each wellfield protection zone are presented below, in order of
increasing restrictiveness by zone. Requirements for the tertiary wellfield protection zone are
generally applicable to all wellfield protection zones. Requirements for the primary wellfield
protection zone are most restrictive, and incorporate restrictions of both the tertiary and
secondary wellfield protection zones.
(a)
Tertiary wellfield protection zone.
(1)
New landfills, as defined by Chapter 62-701, FAC, and filling regulated
pursuant to section 393.13 of the Alachua County Unified Land
Development Code are prohibited.
(2)
New excavations and mining activities that require a special use permit
pursuant to sections 352.06 or 393.13 of the Alachua County Unified Land
Development Code are prohibited. Exceptions may be granted by the
Department if the applicant can demonstrate no environmental impacts will
occur as a result of the excavation. If an exception is allowed by the
Department, a special use permit will be required.
(3)
Filling of any existing or newly developed sinkholes or other solution
features shall require written approval by the Department. Should that
approval be granted, the filling shall be scheduled so that a Department
representative shall have the option of observing the procedure. No filling
that violates federal, state, or local wetland or surface water regulations
shall be allowed.
(4)
Agricultural operations shall conform to the latest version of the Florida
Department of Agriculture and Consumer Services and FDEP Best
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Management Practices for Agrichemical Handling and Farm Equipment
Maintenance. Silvicultural operations shall, in addition, conform to the
Florida Department of Agriculture and Consumer Services Silviculture
Best Management Practices, 1993 or such later editions as may be in effect.
Alternative Best Management Practices that are at least as protective may
be substituted with prior written approval by the Alachua County
Environmental Protection Department.
(b)
(5)
Existing wells posing a threat to groundwater quality, as determined by the
Department, shall be properly abandoned or repaired as set forth in section
355.09(a)(2), “Existing wells.” Wells allowed to remain shall meet the
requirements which are set forth in section 355.09(a)(3), “Existing wells.”
(6)
No new wells shall be constructed in the surficial, intermediate, or Floridan
aquifer system, except as set forth in section 355.09(b), “New wells.”
(7)
All new and existing wells shall be registered, as set forth in section 355.10,
“Well and non-residential septic tank system registration.”
(8)
A Hazardous Materials Storage License shall be required for regulated
storage facilities with non-residential septic tanks or wells, as set forth in
section 355.11, “Hazardous Materials Storage License.”
Secondary wellfield protection zone.
(1)
No new underground storage of hazardous materials shall be allowed,
except vehicular fuel storage subject to Florida Statutes 376.317.
(2)
A variance approval shall be required for the temporary storage, not to
exceed 180 days, of hazardous materials in containers or tanks exceeding
50 gallons aggregate volume for use in normal agricultural or silvicultural
operations, and in construction activities. The variance procedure shall
consist of application to the Department for the proposed activity requiring
temporary hazardous material storage. The application shall be made as
prescribed by the Department and shall include details of the proposed
activity, a schedule of activity, types and quantities of hazardous materials
to be stored, and a plan for monitoring and remedial action, where
necessary, as determined by the Department. Within 21 days following
receipt of a complete application for variance, the Department shall
approve, approve with conditions, or deny the application. If the applicant
chooses to appeal a decision by the Department, procedures set forth in
section 355.14 “Violations; enforcement; remedies,” shall be followed.
(3)
A Hazardous Materials Storage License shall be required for all regulated
storage facilities, as set forth in section 355.11, “Hazardous Materials
Storage License.”
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(c)
(4)
All non-residential septic tank systems shall be registered, as set forth in
section 355.10, “Well and non-residential septic tank registration.”
(5)
The provisions of section 355.08(a), “Tertiary wellfield protection zone,”
shall apply.
Primary wellfield protection zone.
(1)
No new uses of land which require or involve storage, use, or manufacture
of hazardous materials are allowed.
(2)
No new domestic or industrial waste water treatment facilities are allowed.
(3)
No new septic tank systems are allowed. Exceptions may be considered
by the Department where the cost of connection to a public wastewater
utility would impose an economic hardship, where a septic tank is used as
part of a STEP system to discharge wastewater to a public utility, or where
an advanced treatment technology approved by the Department is used.
(4)
No transportation of hazardous materials cargo shall be allowed, except
local traffic serving facilities within the primary wellfield protection zone.
(5)
The provisions of section 355.08(b), “Secondary wellfield protection
zone,” shall apply.
(6)
The Murphree Wellfield and the Murphree Water Treatment Plant, as they
currently exist, and expansions in direct support of water supply and
treatment plant operations are exempt from the prohibitions in this section.
Sec. 355.09 Wells.
(a)
Existing wells.
(1)
All existing wells that are not in use or that pose a threat to groundwater
quality shall be properly abandoned or repaired, as approved by the
Department, within 90 days of their identification. Wells that pose a threat
to groundwater include, but are not limited to, wells with deteriorated
casings, wells that inter-connect aquifers allowing downward movement of
poor quality water or contaminants, and other conditions, as determined by
the Department, that would allow water quality degradation.
(2)
The owner or operator of any well to be abandoned shall comply with the
following requirements:
a.
Obtain any water management district or FDEP permits required
for proper well abandonment.
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(3)
(4)
b.
Provide the Alachua County Environmental Protection Department
with 30 days notice of the proposed abandonment.
c.
Properly abandon the well, using approved techniques to
completely seal the well, in accordance with water management
district rules and applicable local, state, and federal requirements.
d.
Provide the Department with a copy of the permit (if required) and
a copy of the well completion report that has been submitted to the
appropriate water management district.
The Department may allow existing wells to remain for the following uses:
a.
Potable supply for domestic use;
b.
Groundwater monitoring;
c.
Water withdrawal or injection as part of a Department/FDEP
approved groundwater assessment, remediation, or monitoring
program;
d.
Obtaining information on groundwater quality for real estate
transactions; or
e.
Irrigation
f.
Part of a system for air conditioning or for the exchange of noncontact cooling water.
g.
Uses authorized by a valid water management district or FDEP
permit.
The Department may require the property owner or agent for the owner to
conduct testing of mechanical integrity and water quality monitoring. The
owner or agent shall complete the required work within 14 days of notice
by the Department, and submit to the Department a report of results within
45 days of notice. If the property owner does not conduct the required
testing and monitoring, the Department shall be allowed access to the well
for testing and monitoring purposes.
a.
Sampling protocols must be those set forth or approved by the
FDEP or FDOH.
b.
Split samples may be obtained for analyses by the Department if the
property owner or agent for the owner is conducting the sampling.
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The property owner or agent for the owner may collect split
samples if the Department is sampling the well.
c.
(5)
(b)
The firm or agency conducting the testing or sampling is solely
responsible for all costs incurred by the sampling agency or firm,
including laboratory analysis. Where split samples are obtained, the
agency or firm requesting the split sample is responsible for costs
incurred to obtain and analyze the split sample.
If the Department allows existing wells to remain, the owner shall comply
with all of the following conditions:
a.
Register the well, as set forth in section 355.10, “Well and nonresidential septic tank system registration.”
b.
Within 90 days of termination of use, properly abandon the well, as
set forth in section 355.09(a)(2) above.
c.
Secure with a protective casing and lock all wells used exclusively
for monitoring purposes.
d.
Install backflow prevention on all non-domestic production wells.
New wells.
(1)
The Department may allow the construction of new wells for the uses
specified in section 355.09(a)(3)a.-e. “Existing wells.”
(2)
New wells shall be constructed according to the requirements and
standards set forth by the state and by the Department, including, but not
limited to, the following: 40B-3, 40C-3 (including the Fairbanks
Delineated Area Zones A and B), 62-520, and 62-524, FAC, and additional
measures that may be required by the Department to address special site
and operational conditions.
(3)
New wells shall conform to all conditions for existing wells set forth in this
section.
(4)
Owners of new wells which are two inches or greater in diameter
but do not require a water management district or FDEP permit
must show proof of economic hardship.
(c)
Geotechnical borings. Geotechnical borings greater than 20 feet in depth are
exempt from the provisions of this chapter, except that they must be properly abandoned.
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Sec. 355.10 Well and non-residential septic tank system registration.
(a)
Applicability.
(b)
(1)
Required. No person shall construct, modify, install, replace, operate, or
abandon a well or non-residential septic tank system within the applicable
protection zones of this chapter, as identified in sec. 355.08, “Wellfield
protection zone requirements,” without completing the required
registration.
(2)
Existing wells or non-residential septic tank systems. Within 180 days of
the effective date of this chapter, the owner or operator of all existing wells
and non-residential septic tank systems for which registration is required
shall submit an application for registration from the Department.
General requirements.
(1)
Application for registration shall be made and completed in the manner
prescribed by the Department. The application shall be completed, signed
by the owner or operator, and submitted to the Department.
(2)
The registration application information and supporting documentation
shall be complete, truthful, and correct.
(3)
Registration shall be valid for the time period the well or non-residential
septic tank system exists.
(4)
Upon sale or legal transfer of a registered well or non-residential septic
tank system, the new owner or operator shall apply by letter to the
Department to change the registration.
(5)
Registration as set forth in this chapter does not take the place of required
local, state, or federal permits necessary to construct, operate, or properly
abandon a well or non-residential septic tank system.
(6)
The owner or operator shall notify the Department in writing within 45
days when a well or non-residential septic tank system is no longer in use.
Proper abandonment of non-residential septic tank systems shall be
conducted according to the procedures set forth in Sec. 64E-6.011, FAC.
Wells shall be properly abandoned as set forth in Sec. 355.09(a)(2),
“Existing wells.”
Sec. 355.11 Hazardous Materials Storage License.
(a)
Applicability.
(1)
Required. No person shall construct, modify, install, replace, or operate a
facility regulated under chapter 353, “Hazardous Materials Management
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Code,” in any class with the exception of Class AA, within the applicable
protection zones of this chapter, without a Hazardous Materials Storage
License.
(2)
(b)
Existing storage facility license. Within 90 days of notification from the
Department, the owner or operator of the facilities, as set forth in (a) (1)
above, shall submit an application as an existing storage facility for a
Hazardous Materials Storage License.
General requirements.
(1)
Application for a Hazardous Materials Storage License by facilities listed in
Sec. 355.11(a)(1) above, shall include the information that is required in
the licensing procedure set forth in chapter 353, “Hazardous Materials
Management Code.” The licensing procedure of the Hazardous Materials
Management Code is hereby adopted by reference as the mechanism in
place to obtain, renew, deny, suspend, or revoke a Hazardous Materials
Storage License. All licenses shall be issued pursuant to the Murphree
Wellfield Protection Code.
(2)
The Department may impose additional reporting requirements for facilities
with wells or non-residential septic tanks in order to address special site
and operational conditions. These requirements may include, but are not
limited to, providing well construction information, reporting the results of
water quality sampling, and reporting the results of septic tank effluent
testing.
(3)
Containment standards shall be those set forth in chapter 353, “Hazardous
Materials Management Code.”
Sec. 355.12 Approval of alternate procedures and requirements and variances.
(a)
Application. The owner or operator of a storage facility, septic tank, or well
subject to the provisions of this chapter may apply to the Department for a variance from a
specific requirement of this chapter.
(b)
Required information. The request for approval of alternative procedures or
requirements shall be initiated by completing and submitting an alternative procedures or
requirements request to the Department. The information required shall consist of:
(1)
The specific provisions of the Murphree Wellfield Protection Code for
which an alternative procedure is being sought;
(2)
The basis for the alternative procedure; and
(3)
A detailed description of the alternative procedure proposed. The
description shall include an explanation of how the alternative procedure
provides the equivalent degree of environmental protection as the
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Murphree Wellfield Protection Code requirement, and any other pertinent
siting, construction, containment, or other information to demonstrate the
alternative procedure's efficacy.
(c)
Department action. The Department shall review each request and determine
whether the applicant has demonstrated that it will utilize an alternative procedure which provides
a level of environmental protection equal to or greater than the requirement for which the
variance is sought. Within 30 days of receipt of the request, the Department will specify in
writing to the owner or operator each alternative procedure or requirement approved or denied
for an individual facility in accordance with this section. Action taken by the Department may be
appealed by filing written notice within 30 days to the county manager. The decision of the
Department shall be reviewed in accordance with the administrative appeals section of this
chapter.
Sec. 355.13 Establishment of fees.
Fees may be established by resolution of the board of county commissioners and collected to
finance the administration of this chapter and wellfield protection. For the purpose of this section,
administration includes, but is not limited to, review of plans, applications, site inspections, data
management, and enforcement activities. Any adopted fee schedule will include a description of
the procedures for compliance with the fee assessment. Fees shall be placed in the Wellfield
Protection Fund, as described in section 355.15, “Wellfield Protection Fund; use of awards.”
Sec. 355.14 Violations; enforcement; remedies.
Violations of this chapter may be referred by the Department to the county's codes enforcement
board or other enforcement mechanism in accordance with Florida Statutes Chapter 162, and
Chapter 24 of the Alachua County Unified Land Development Code. Remedies may include the
following:
(a)
(b)
Judicial remedies.
(1)
The county may institute a civil action in a court of competent jurisdiction
to establish liability and to recover damages for any injury to the water, or
property of the county, including animal, plant, and aquatic life, caused by
any violation.
(2)
The county may institute a civil action in a court of competent jurisdiction
to impose and to recover a civil penalty for each violation in an amount of
not more than $10,000.00 for each offense. However, the court may
receive evidence in mitigation. Each day during any portion of which such
violation occurs constitutes a separate offense.
(3)
It shall not be a defense to, or ground for dismissal of, these judicial
remedies for damages and civil penalties that the county has failed to
exhaust its administrative remedies, or has failed to hold an administrative
hearing prior to the institution of a civil action.
Injunctive relief. It is hereby found and declared that a violation of the provisions
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of this chapter constitutes an irreparable injury to the citizens of Alachua County. The county
may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce
compliance with this chapter or order; to enjoin any violation of this chapter, and to seek
injunctive relief to prevent injury to the water and property of the county, including animal, plant,
and aquatic life, and to protect human health, safety, and welfare caused or threatened by any
violation.
(c)
Administrative appeals.
(1)
Decisions to approve, deny, suspend, or revoke a license or plan pursuant
to this chapter may be appealed to a hearing officer. Such an appeal will
provide an administrative mechanism to address alleged error in the
application of a specific provision of this chapter. An appeal may be filed
by the applicant, license holder or a substantially affected person. The
adverse interest may be shared in common with the other members of the
community at large.
(2)
No person may apply to a court for relief from a decision of the
Department unless they have first exhausted the remedies provided in this
chapter.
(3)
A person requesting an appeal shall file this request in writing along with
the appropriate fee for such petition to the Department within 15 days of
the final decision made by the Department.
(4)
The written request for appeal shall include a sworn statement of the
particular facts and the basis for the appeal, the specific provision alleged
to be applied in error, the different result which would occur if the
appropriate provisions were correctly applied, and the particular relief
sought.
(5)
The Department shall schedule the appeal before the hearing officer, and
shall provide to the hearing officer a staff report on the actions taken by the
Department.
(6)
The hearing officer shall consider the record, testimony by the applicant,
members of the Department, any substantially affected persons, any other
appropriate witness, and the error alleged. Based on this information, the
hearing officer shall either sustain or reverse the decision appealed and give
a written explanation for his or her decision.
Sec. 355.15 Wellfield Protection Fund; use of awards.
There is hereby created the Alachua County Wellfield Protection Fund, which is to be supervised
and used by the county for wellfield protection purposes. Any monies obtained from fees,
awards, or recovered investigative costs shall be placed in the Wellfield Protection Fund.
Sec. 355.16 Liberal construction.
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This chapter shall be liberally construed in order to effectively carry out the purposes hereof
which are deemed to be in the best interest of the public health, safety, and welfare of the citizens
and residents of Alachua County, Florida. In the event of any contradiction or conflict between
this chapter and any federal, state, or local code, ordinance, law, or regulation, the regulations
most protective of the wellfield shall apply.
Sec. 355.17 Severability.
It is the declared intent of the board of county commissioners that, if any section, subsection,
sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as
to render invalid or unconstitutional the remaining provisions of this chapter.
Sec. 355.18 Inclusion in the Code.
The provisions of this ordinance shall become and be made a part of the Code of Laws and
Ordinances of Alachua County, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," “chapter” or other appropriate designation.
Sec. 355.19 Effective date.
A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the
Board of County Commissioners within 10 days after enactment by the Board of County
Commissioners, and shall take effect upon filing with the Department of State.
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