This article shall be known as the wellfield and groundwater protection regulations of the town land development code.

(Ord. No. 5-92, § 5.2, 8-25-92)

(a)

This article is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3202.

(b)

All provisions of this article shall be effective within the incorporated areas of the town, and shall set restrictions, constraints and prohibitions to protect present and future public potable water supply wells and wellfields and groundwater aquifer from degradation by contamination from regulated substances as defined in article I of this chapter.

(c)

All provisions of this article shall be effective outside the town when, pursuant to a development order under F.S. § 380.06, the developer has agreed to be bound by the provisions of local wellhead and groundwater protection ordinances.

(Ord. No. 5-92, § 5.3, 8-25-92)

(a)

In order to properly protect existing and future groundwater aquifers and potable water supply sources within both the town and the zone of protection area, the town commission declares that the storage, handling, use, disposal or production of hazardous or toxic substances where discharge to groundwater may occur or may be in close proximity to public potable water supply wells, is potentially harmful to the drinking water of town, and that certain land uses and activities involving regulated or generic substances are hereby prohibited or regulated within the town.

(b)

Therefore, the intent of this article is to protect and safeguard the health, safety, and welfare of the residents and visitors of town, by providing criteria for regulating and prohibiting the use, handling, production, disposal, and storage of certain regulated substances which may impair present and future public potable water supply wells, wellfields, groundwater and surface water quality.

(c)

It is the intent of the town commission to augment the policies within the adopted comprehensive plan that protect the groundwater, surface water, wells and wellfields through land use controls and environmental regulations. It is essential to protect the areas adjacent to wells and wellfields from disruption and encroachment in order to preserve vital natural functions relating to water quality, water quantity and other elements of aquatic ecosystems. Since the entire southern boundary of the town is the Withlacoochee River and at the river's edge groundwater and surface water of the Florida Aquifer freely interact, the protection of groundwater throughout the town is also a protection of the surface water of the Withlacoochee River.

(d)

The generic substance list attached hereto and incorporated herein as appendix A of this article, is provided for informational and regulatory purposes and may be amended from time to time by the town commission. Persons using, handling, producing or storing a substance on the generic list may be using, handling, producing or storing a regulated substance as defined by this article. Persons unsure as to whether they are subject to this article may wish to consult with the town engineer.

(Ord. No. 5-92, § 5.4, 8-25-92)

The zone of protection maps developed as described in subsection 34-394(1) are incorporated herein and made a part of this article. These maps shall be on file and maintained by the town clerk. Any amendments, additions or deletions to such maps shall be approved by amendment to this article pursuant to the provisions established by F.S. § 166.041.

(1)

The zone of protection map depicts a circular boundary that has a radius of 300 feet from each public water system well in the town.

(2)

The zone of protection maps may be reviewed at least on an annual basis. However, failure to conduct such review shall not affect the validity of the existing approved map. The basis for updating such map may include, but is not limited to, the following:

a.

Obtaining the necessary information to perform wellfield pumping models to determine the zone of contribution and zone of influence.

b.

Changes in the technical knowledge concerning the applicable aquifer.

c.

Changes in pumping rates of wellfields.

d.

Wellfield reconfiguration.

e.

Designation of new wellfields.

(3)

In determining the location of properties and facilities within the zones depicted on the zone of protection map, the following rules shall apply:

a.

Properties located partially within the zone of protection reflected on the applicable zone of protection maps shall be governed by the restrictions applicable to that zone.

b.

Where a zone of protection contour or demarcation passes through a facility, the entire facility shall be considered to be in the more restrictive zone.

(Ord. No. 5-92, § 5.5, 8-25-92)

The use, handling, production, disposal, and storage of any regulated substances associated with nonresidential activities outside of the zone of protection in C-1, C-2, I, PI, U and T zoning districts shall be required to acquire and maintain an operating permit. The conditions of permitting shall be that as found in subsections 34-396(4)—(9).

(Ord. No. 5-92, § 5.6, 8-25-92)

The use, handling, production, disposal, and storage of regulated substances associated with nonresidential activities is prohibited in the zone of protection, except as provided under the general exemptions and special exemptions provisions of this article.

(1)

Existing nonresidential activities. All existing nonresidential activities within the zone of protection which store, handle, use, dispose, or produce any regulated substance shall cease to do so within one year from the date of notification under this article, except as provided in this section. The owners or operators of such activities within the zone of protection shall be notified in writing, by certified mail, or hand delivery, within 90 days of the effective date of the ordinance from which this article is derived as to the requirements to cease the use, handling, storage, disposal, and production of regulated substances. A closure permit application or a general exemption application (if the activity is claimed to be exempted under the provisions of subsection 34-413(c)), or a special exemption application prepared and signed by a professional registered engineer and a geologist certified in the state shall be submitted to the town building official within 90 days of receipt of the notice to cease. Within 30 days of receipt of such notice, the owner or operator shall file with the town building official proof of retention of such engineer and geologist.

(2)

Operating permit required for existing nonresidential activities qualifying for general or special exemptions. Any nonresidential activity in the zone of protection which is allowed to continue in accordance with the general exemptions or special exemptions set forth in this article shall also obtain an operating permit which shall indicate the special conditions to be instituted and the dates on which such conditions shall be instituted. No expansions, modifications or alterations which would increase the storage, handling, use or production of regulated substances shall be permitted in the zone of protection. An owner or operator that is denied a special exemption shall be issued a closure permit as part of the denial process. Any operating permit application shall be filed with the applications for general exemption or special exemption.

(3)

New nonresidential discharges. All new nonresidential discharges, new nonresidential activities or uses and installations, shall be prohibited within the zone of protection subject to the following conditions which shall also be the minimum stated conditions in any final development order:

a.

No nonresidential installation shall discharge into groundwater, either directly or indirectly, any contaminant that causes a violation in the water quality standards and criteria for the receiving groundwater as established in F.A.C. 62-3, part IV.

b.

Discharges through natural or manmade conduits, such as wells and sinkholes, that allow direct contact with groundwater are prohibited, except for:

1.

Projects designed to recharge aquifers with surface water of comparable quality;

2.

Projects designed to transfer water across or between aquifers of comparable quality; and

3.

Storage or conservation, or pollutant-treated residential stormwater discharging through wet retention/detention ponds.

c.

Industrial or commercial stormwater direct discharges to retention/detention ponds are prohibited.

d.

New discharge to groundwater of industrial waste that contains hazardous constituents listed in the appendices A and E hereby adopted and incorporated by reference, shall be prohibited.

e.

There will be no new industrial land uses or zoning within the zone of protection.

f.

Construction and operation of new sanitary landfills in the zone of protection shall be prohibited. Operation of all existing sanitary landfills in the zone of protection will be terminated within one year and a permanent leachate monitoring system installed to monitor movement of leachate.

g.

Commercial or industrial septic tank disposal systems are prohibited in the zone of protection.

(4)

Quality of discharge to groundwater. Direct discharge to groundwater is prohibited; however, new and existing nonresidential indirect discharge to groundwater shall comply with the primary and secondary standards (F.A.C. 62-3, part IV) at the end of the discharge pipe. Additionally, more stringent monitoring requirements than the existing state law may be implemented. More stringent monitoring requirements may include increased monitoring frequency, increased number of parameters, or increased number of monitoring wells. Such determinations will be made by the town on a case-by-case basis by considering soil conditions, quality and volume of the waste stream and the point of discharge.

(5)

Stormwater discharge.

a.

Indirect discharge from new stormwater facilities shall be monitored according to F.A.C. 62-28.700(6). Such facilities may be required to implement more stringent monitoring requirements which may include increased monitoring frequency, increased number of parameters, or increased number of wells. Such determination will be made by the town engineer on a case-by-case basis by considering soil conditions, quality and volume of the waste stream, and the point of discharge.

b.

In commercial, industrial, utility, timber, and public-institutional zoning districts stormwater runoff facilities will be required to have a double pond detention/retention system for new facility installations. The first pond will be "off-line" and lined to prevent leakage and be designed to hold the first inch of runoff. Sludge from the first pond will be disposed of in accordance with FDEP rules and regulations. The second retention pond will accept overflow from the detention pond. Existing facilities will be required to obtain an operating permit and perform groundwater quality monitoring for groundwater pollution.

(6)

Underground storage facilities.

a.

New underground storage facilities. New underground storage facilities within the zone of protection shall meet the following requirements:

1.

Double-walled tank and piping with a continuous leak detection system in between the walls; or

2.

An impervious secondary containment having monitoring well(s) or detector located therein; and

3.

For each of the above options, it is required that the facility install and maintain a groundwater monitoring system, and implement a groundwater monitoring program approved by the town.

b.

Existing underground storage facilities not meeting the construction retrofit standards of F.A.C. 62-761. Existing underground storage facilities within the zone of protection not meeting the construction retrofit requirements of F.A.C. 62-761, shall be retrofitted in accordance with F.A.C. 62-761, and shall also meet the requirements for new facilities under subsection 34-396(6)a above.

c.

Existing underground storage facilities meeting the construction retrofit standards of F.A.C. 62-761. Within the zone of protection underground storage facilities meeting the construction retrofit requirements of F.A.C. 62-761, are exempt from the requirements in subsection 34-396(6)a, with the exception of being required to develop and maintain, or improve and enhance their groundwater monitoring programs. Nothing herein shall be construed to relieve facilities subject to F.A.C. 62-761 requirements from complying with the requirements of that chapter.

(7)

Underground transport pipelines.

a.

New domestic wastewater pipelines. New underground facilities for transportation of domestic raw wastewater within the zone of protection shall be constructed not to allow leakage into the soil or groundwater. These facilities shall not cause violations of groundwater quality standards as referenced in F.A.C. 62-520.420.

b.

New chemical pipelines. New underground facilities for transportation of chemical products within the zone of protection shall be constructed to ensure no leakage into the soil or groundwater.

(8)

Discharge of treated domestic wastewater effluent.

a.

New discharge to groundwater of treated domestic waste effluent meeting domestic wastewater plant Class I reliability shall meet all applicable county, state or federal regulations, and shall have daily monitoring to assure proper treatment plant process control, and 24-hour-a-day attendance by a wastewater operator as required by F.A.C. 17-16, and under the general supervision of a Class A certified wastewater operator, shall be allowed to operate provided that the discharge from such plant shall meet the groundwater criteria as specified in F.A.C. 62-520.420, prior to contact with groundwater (end of pipe). Treated domestic waste effluent discharge employing land application shall be restricted to slow-rate infiltration methods. At no time will an effluent disposal area be within 500 feet of potable supply wells.

b.

New single-family residential septic tanks in the zone of protection will be exempt from this regulation provided they meet the minimum locational criteria of one septic unit per five acres.

(9)

Conflict with other regulations. A notice to cease or, a permit or exemption issued under this article, shall not relieve the owner or operator of the obligation to comply with any other applicable federal, state, regional or local regulation, rule, ordinance or requirement. Nor shall such notice permit, or exemption relieve, any owner or operator of any liability for violation of such regulations, rules, ordinances or requirements.

(Ord. No. 5-92, § 5.7, 8-25-92)

The permit conditions shall ensure compliance with all the prohibitions, restrictions, and requirements as set forth in this article. Such conditions may include but are not limited to monitoring wells, periodic groundwater analysis reports, and compliance schedules. Such conditions may also include requirements in a closure permit to reduce the risk in the interim of contamination of the groundwater, taking into account cost, likely effectiveness and degree of risk to the groundwater.

(Ord. No. 5-92, § 5.8, 8-25-92)

(a)

No preliminary or final development order, building permit, occupational license, or certificate of occupancy for any nonresidential activity shall be issued by the town that would allow uses regulated for the protection of groundwater or that would allow activities, development or construction in the zone of protection, that is contrary to the restrictions and provisions provided in this article. Permits or occupational licenses issued in violation of this section confer no right or privilege on the grantee.

(b)

The requirements and provisions of this article shall apply immediately upon the effective date of the ordinance from which this chapter was derived and thereafter to all new nonresidential activities.

(c)

An existing activity is one for which a building permit or certificate of occupancy has been issued by the town or appropriate jurisdiction prior to the effective date of the ordinance from which this chapter was derived, and which had not expired on or before the effective date of the ordinance from which this chapter was derived. All other activities shall be deemed new.

(d)

Any application for development that includes property wholly or partially within the zone of protection of a wellfield or is for a use outside of the zone of protection but is regulated under section 34-395 shall include the following:

(1)

Notification by the local governing authority of the location of the property in the zone of protection or of being a use outside of the zone of protection subject to groundwater protection regulations and a notarized letter from the applicant admitting acceptance of notification. Notification shall be prepared by the town building official providing details of zones, prohibitions, and measures required for compliance; or

(2)

Any application submitted for an occupational license or certification of occupancy, for any use within the zone of protection or for regulated uses outside of the zone of protection, shall require certification by a licensed professional engineer in the state that the use meets the applicable requirements of final development order and this article.

(e)

It shall be the duty of the town building official or planning commission, where applicable, to screen all development permit applications and applications for occupational licenses for the applicability of this article.

(f)

The town building official shall provide a list to all governmental agencies of potentially prohibited operations in the zone of protection and uses regulated for groundwater protection.

(Ord. No. 5-92, § 5.9, 8-25-92)

In the event there is a change of ownership, a new lease, or an assignment of a lease, a sublease or any other change in regard to the person conducting the operation regulated, the town building official shall be notified by the property owner upon execution of a lease or on the day of title transfer. In the event of leasing of space, the lessee will obtain the permit, but the property owner will be liable for the on-site activities relative to the conditions of the permit. The property owner will be notified by the town building official of any permit application made by a lessee and the conditions imposed on any permit granted.

(Ord. No. 5-92, § 5.10, 8-25-92)

(a)

An application which satisfied the requirements of the applicable zone of protection regulations or groundwater protection regulations of sections 34-395, 34-396, 34-397, 34-398 and, if applicable, section 34-401, shall be approved and a permit issued, or shall become a written condition of a preliminary development order, whichever is applicable. In addition to the failure to satisfy these requirements, the town building official or planning commission, whichever is applicable, may deny a permit based on repeated violations of this article.

(b)

An operating permit shall remain valid provided the permittee is in compliance with the terms and conditions of the permit.

(c)

Permittees shall not be required to pay annual renewal fees until August 25, 1993. Beginning August 25, 1994, all current and future permittees are subject to an annual renewal license fee as adopted by the town commission.

(d)

The town building official, code enforcement officer, fire chief, town engineer, or other designee shall have the right to make inspections of facilities at reasonable times to determine compliance with this article.

(e)

All of the facilities owned and/or operated by one person when these structures and activities are located on contiguous parcels of property, even where there are intervening public or private roads, may be covered under one permit.

(Ord. No. 5-92, § 5.11, 8-25-92)

(a)

Containment. Leak-proof trays under containers, floor curbing or other containment systems to provide secondary liquid containment shall be installed. The containment shall be of adequate size and design (no less than 150 percent of container volume) 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. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. The owner/operator may choose to provide adequate and appropriate liquid collection methods rather than sheltering only after approval of the design by the town engineer. 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 in the operating permit application by a professional engineer certified in the state.

(b)

Emergency recovery devices. Vacuum suction devices, absorbent scavenger materials or other devices approved by the town engineer, shall be present on-site or available within four hours in the zone of protection 24 hours per day and seven days per week by contract with a cleanup company approved by the town fire chief, 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 and of such capacity as to hold the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices shall be certified annually in the operating permit application for existing activities. Such certification for new activities shall be provided to the town building official prior to the presence of regulated substances on the site. Certification shall be provided by a professional registered engineer certified in the state.

(c)

Emergency plan. An emergency plan shall be prepared in accordance with conditions specified in the final development plan for which a final development order has been issued. The emergency plan shall be filed with the operating permit application indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from reaching any storm or sanitary drains or the ground.

(d)

Monitoring frequency. A responsible person designated by the permittee who stores, handles, uses or produces the regulated substances shall check every day of operation for breakage or leakage of any container holding the regulated substances. Electronic sensing devices may be employed as part of the inspection process, if approved by the town engineer, and provided the sensing system is checked daily for malfunctions. The manner of daily inspection shall not necessarily require physical inspection of each container provided the location of the containers can be inspected to a degree which reasonably assures the town engineer that breakage or leakage can be detected by the inspection. Monitoring records shall be kept, submitted quarterly, and made available to the town building official or fire chief within 24 hours, upon request. Quarterly, each facility will be inspected by the town fire chief, its monitoring procedures reviewed by the planning commission, and water quality samples taken by the permittee and analyzed with verification by a laboratory certified to perform water quality analysis in the state.

(e)

Monitoring plan. The monitoring plan shall state the procedures that shall be established for the quarterly in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be in writing. A regular checklist and schedule of maintenance shall be established and a log shall be kept of inspections and maintenance. The logs and records shall be available for inspection by the town building official.

(f)

Reporting of discharges and spills, response time. Any spill of a regulated substance shall be reported by telephone to the public utility which operates the well in the zone of protection where the spill has occurred. Immediately upon discovery of the discharge or spill, the county warning point which is the county sheriff's dispatch center, shall be contacted. The county warning point will coordinate timely notification of the emergency management service director and other local emergency response agencies. A full written report including the steps taken to contain and clean up the spill shall be submitted to the town commission within 15 days of discovery of the spill. Reporting shall be the same for regulated uses not in a zone of protection, except that the public utility need not be notified.

(g)

Periodic testing. Arrangements shall be made with the representative for the town water system to establish a semiannual schedule of on-site raw water analysis unless sampling results indicate contamination, in which case the town building official shall require an increased sampling schedule. The analysis shall be for all substances which are listed on the operating permit. The analytical reports shall be prepared by either a representative for the town water system or in a state certified laboratory, certified for the applicable analyses. It shall be the responsibility of the representative for the town water system to provide for the sampling and analyses, but the cost shall be borne by the permittee or those permittees on a pro-rata basis as to the same substances listed on the permits of those permittees in zones of protection of the subject well. Samples shall be taken to the town water system certified laboratory performing the analyses, or its authorized representative.

(h)

Baseline testing. A reference set of raw water analyses shall be completed for each well for which a zone of protection map has been established. The analyses shall be completed within 120 days after the effective date of the ordinance from which this chapter is derived, and a copy shall be forwarded to the town building official within 14 days of completion. The analyses shall address unregulated substances as listed in F.A.C. 62-550, as amended from time to time, and as shown in appendix E, and the cost shall be borne by the utility. The analytical reports shall be prepared by the representative for the town water system in a state certified laboratory.

(i)

Monitoring wells. Groundwater monitoring wells shall be provided at the expense of the permittee in a manner, number and location as stated in the final development plan approved in a final development order and which at least meets the criteria as shown in appendix G. Except for existing wells found by the town engineer to be adequate for this provision, the required well or wells shall be designed by a state certified geologist, and installed by a state licensed water well contractor under the supervision of a state certified geologist. On completion of well construction, a report will be submitted by the geologist to the town building official detailing final well construction geology and a map of the facility showing well location. Quarterly, water quality samples shall be taken by the town water system's state certified laboratory performing the analyses, or its authorized representative during the quarterly inspection of each facility. Analytical reports prepared by the town water system certified laboratory of the quantity present in each monitoring well of the regulated substances listed in the activity's operating permit shall be filed with the town building official at least annually, or more frequently as determined by the town building official, based upon site conditions and operations.

(j)

Required modification to operating permits, revisions and revocation. The town building official shall be notified in writing prior to the expansion, alteration or modification of a business or individual holding an operating permit. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of regulated substances, or changes in types of regulated substances beyond those square footages, quantities, and types upon which the permit was issued. Excluded from notification prior to alteration or modification are changes in types of regulated substances used in a laboratory or laboratories designated as such in the currently valid permit and which are within the generic substances listed in such permit based upon the generic substance list attached hereto and incorporated herein as exhibit A. Should a facility add new regulated substances, it shall notify the town building official on the quarterly basis of the types and quantities of such substances added and the location of the use, handling, storage, and production of such substances. Any such expansion, alteration, or modification shall be in strict conformity with this article. Further, except as provided herein, any existing operating permit shall be amended to reflect the introduction of any new regulated substances resulting from the change. However, the introduction of any new regulated substance shall not prevent the revocation or revision of any existing operating permit if, in the opinion of the town engineer, such introduction substantially or materially modifies, alters or affects the conditions upon which the existing operating permit was granted or the ability to remain qualified as a general exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a special exemption. The town building official shall notify the permittee in writing within 60 days of receipt of the permittee's notice that the town proposes to revoke or revise the permit and stating the grounds therefor.

(k)

Reconstruction of a structure with an operating permit. Reconstruction of any portion of a structure or building in which there is any substance or facility subject to the provisions of this regulation which is damaged by fire, vandalism, flood, explosion, collapse, wind, war or other catastrophe shall be in strict conformity with this article.

(Ord. No. 5-92, § 5.12, 8-25-92)

(a)

Existing development. All existing nonresidential activities in the zone of protection which use, handle, store, dispose of or produce regulated substances shall file an application for a general exemption and an operating permit, a closure permit, or special exemption permit within 90 days of the receipt of a written notice from the town building official given pursuant to subsection 34-396(1). The permit application shall be prepared and signed by a professional registered engineer and geologist certified in the state. Within 30 days of receipt of such notice, the owner or operator shall file with the town building official proof of retention of such engineer and geologist in accordance with FDEP statutes. If application is made for an operating permit, such a permit shall be issued or denied within 60 days of the filing of the completed application. If the application for an operating permit is denied, then the activity shall cease within one year of the denial and an application for a closure permit shall be filed within 120 days of the denial of the operating permit.

(b)

New development. All new development outside of the zone of protection subject to the groundwater protection regulations as identified in section 34-395 shall apply for an operating permit as part of the development review application preliminary development plan.

(c)

Operating permits. Operating permit applications and applications for a preliminary development order, as a minimum, shall provide the following information:

(1)

A list of all regulated substances and substances on the generic substance list which are to be stored, handled, used, disposed of or produced in the nonresidential activity being permitted including their quantities.

(2)

A detailed description of the nonresidential activities that involve the storage, handling, use, disposal or production of the regulated substances indicating the unit quantities in which substances are contained or manipulated.

(3)

A description of the containment, the emergency collection devices and containers and copy of the emergency plan that will be employed to comply with the restrictions required for the zone of protection or groundwater protection.

(4)

A description of the daily monitoring activities that have been or will be instituted to comply with the restrictions for the zone of protection or groundwater protection.

(5)

A description of the maintenance that will be provided for the containment facility, monitoring system, and emergency equipment required to comply with the restrictions of groundwater protection or the zone of protection.

(6)

A description of the groundwater monitoring wells, including the latitude and longitude, location map, construction design, geology log and water quality analysis that have been or will be made for certified quarterly analyses for specified regulated substances in the zone of protection or for groundwater protection.

(7)

Evidence of arrangements made with the appropriate designated public utility for sampling analysis of the raw water from the potable water well pursuant to subsections 34-401(g)—(i).

(8)

An agreement to indemnify and hold town harmless for any and all claims, liabilities, causes of action, or damages arising out of the issuance of the permit. The town shall provide reasonable notice to the permittee of any such claims.

(9)

The application for the operating permit shall be filed with the town building official within 90 days of receipt of written notification from the town building official of the requirement for the facility to obtain an operating permit, or within the time limitations set forth in a final development order.

a.

No permit herein required shall be issued unless there is filed at the time of application, except in the case of an application by a political subdivision or agency of the state, a cash bond, rate bond or letters of credit with a corporate surety in the amount required by appendix B, attached hereto and incorporated herein, to ensure that:

1.

The permittee will operate its nonresidential activities or closure of such nonresidential activities, as applicable, in accordance with the conditions and requirements of this article and permits issued hereunder.

2.

Before a bond or letter of credit is accepted by the town building official as being in compliance with this section, the bond or letter of credit shall be reviewed and approved by the town attorney and shall be filed with the town clerk. A corporate bond shall be executed by a corporation authorized to do business in the state as a surety. A cash bond shall be deposited with the town clerk who shall give receipt therefor.

3.

The bond or letter of credit required by this section shall be kept in full force and effect for the first year of the permit. In the event of verification of groundwater contamination at a facility subject to groundwater protection, or within the zone of protection, the town commission will have the option of requiring the bond or letter of credit to be reinstated.

b.

Any person subject to regulation under this article shall be liable with respect to regulated substances emanating on or from the person's property for all costs of removal or remedial action incurred by the town and damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss resulting from the release or threatened release of a regulated substance as defined in this article. Such removal or remedial action by the town may include, but is not limited to, the prevention of further contamination of groundwater, monitoring, containment, and clean-up or disposal of regulated substances resulting from the spilling, leaking, pumping, pouring, emitting or dumping of any regulated substance or material which creates an emergency hazardous situation or is expected to create an emergency hazardous situation.

(d)

Closure permits. Closure permit applications shall provide the following information:

(1)

A schedule of events to complete the closure of a facility that does or did store, handle, use, dispose of or produce regulated substances. As a minimum, the following actions shall be addressed:

a.

Disposition of all regulated substances and contaminated containers.

b.

Cleanup of the activity and environs to preclude leaching of unacceptable levels of residual regulated substances into the aquifer.

c.

Certification by a professional registered engineer and a geologist, certified in the state, that disposal and cleanup have been completed in a technically acceptable manner, based on the following criteria:

1.

The entire operation is maintained inside the building(s) of the facility.

2.

The standard method of removing operating waste is not by septic tank, sewer mains or floor drains.

3.

There is no evidence of spills permeating floors or environs.

4.

There are no outstanding or past notices of violation from any regulatory agency concerned with hazardous, industrial or special waste.

5.

There is no evidence of past contamination in the public drinking water well(s) associated with the facility in the zone of protection.

6.

The applicant shall provide a sworn statement that disposal and cleanup have been completed in a manner acceptable to the town engineer.

d.

An appointment for an inspection by the town engineer.

e.

An agreement to indemnify and hold town harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the permit. The town shall provide reasonable notice to the permittee of any such claims.

(2)

The issue of well reconfiguration shall be evaluated by the town commission and the affected public utility as an alternative to a closure permit during the permit application process.

(3)

The town commission and designated agencies shall be advised in writing of each closure permit application.

(Ord. No. 5-92, § 5.13, 8-25-92)

(a)

The fee for an operating permit under this regulation shall be as shown in appendix C, attached hereto and incorporated herein. A late fee shall be charged if application for a permit or renewal is late. The operating permit fee shall be used to defray the cost of monitoring compliance with this article.

(b)

The fee for a closure permit under this regulation shall be one-half of the fee for the operating permit.

(c)

The fee for a transfer of an operating permit or closure permit shall be in accordance with the attached fee schedule (appendix C) to defray the cost of processing the transfer. Application for a transfer permit is to be made within 60 days of transfer of ownership of the activity.

(d)

The fee schedule may be revised from time to time by resolution of the town commission.

(Ord. No. 5-92, § 5.14, 8-25-92)

(a)

Any permit issued under the provisions of this article shall not become vested in the permittee. The town building official will revoke any permit under a written statement of cause by the code enforcement officer by first issuing a written notice of intent to revoke (certified mail return receipt requested, or hand delivery) if it finds that the permit holder:

(1)

Has failed or refused to comply with any of the provisions of this article, including but not limited to permit conditions and bond requirements herein; or

(2)

Has submitted false or inaccurate information in this application; or

(3)

Has failed to submit operational reports or other information required by this article; or

(4)

Has refused lawful inspection; or

(5)

Is subject to revocation under any provision of this article or chapter.

(b)

The town building official may revise any permit by first issuing a written notice of intent to revise (certified mail return receipt requested, or hand delivery).

(c)

In addition to the provisions of subsections 34-404(a) and (b), within 30 days of any spill of a regulated substance on the premises of a use subject to groundwater protection regulations or in the zone of protection, the town building official shall consider revocation or revision of the permit or revise the bond amount. Upon such consideration the town building official may issue a notice of intent to revoke or revise which shall be subject to the provisions of section 34-405, or elect not to issue such notice. In consideration of whether to revoke or revise the permit, the town building official may consider the intentional nature or degree of negligence, if any, associated with this spill, and the extent to which containment or cleanup is possible, the nature, number and frequency of previous spills by the permittee and the potential degree of harm to the groundwater and surrounding wells due to such spill.

(d)

For any revocation or revision, by the town building official, of a special exemption or general exemption that requires an operating permit as provided under the terms of this article, the town building official shall issue a notice of intent to revoke or revise which shall contain the intent to revoke or revise both the applicable exemption and the accompanying operating permit.

(e)

The written notice of intent to revoke or revise shall contain the following information:

(1)

The name and address of the permittee, if any, and property owner, if different.

(2)

A description of the facility which is the subject of the proposed revocation or revision.

(3)

Location of the spill, if any.

(4)

Concise explanation and specific reasons for the proposed revocation or revision.

(5)

A statement that "Failure to file a petition within 30 days after the date upon which permittee receives written notice by certified or registered letter to the lessor and land owner of the intent to revoke or revise shall render the proposed revocation or revision final and in full force and effect."

(f)

Failure of permittee to file a petition shall render the proposed revocation or revision final and in full force and effect.

(g)

Nothing in this section shall preclude or be deemed a condition precedent to the town building official seeking a temporary or permanent injunction.

(Ord. No. 5-92, § 5.15, 8-25-92)

The town building official shall have the following powers and duties:

(1)

Administer and enforce the provisions of this article.

(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 prosecution of any violation of this article.

(3)

Make appropriate surveys, tests, and inspections of property, facilities, equipment, and processes operating under the provisions of this article to determine whether the provisions of this article are being complied with; interact with the state department of environmental protection, and make recommendations for methods by which pollution may be reduced or eliminated. Inspections shall be conducted in accordance with section 34-406.

(4)

Maintain, review, and supervise all operating records required to be filed with the town building official by persons operating facilities subject to the provisions of this article.

(5)

Render all possible assistance and technical advice to persons owning and/or operating regulated facilities, except that the town building official and/or its employees shall not design the facility systems for any person.

(6)

Perform such other administrative duties as may be assigned by the town commission.

(7)

Issue or deny permits, when applicable, only as specified in a final development order.

(Ord. No. 5-92, § 5.16, 8-25-92)

Inspections shall be conducted as follows:

(1)

Any duly authorized representative of the town commission or town building official may, at any reasonable time, enter and inspect for the purpose of ascertaining the state of compliance with this article any property, premises, or place, except a building which is used exclusively for a private residence, on or at which a regulated facility is located or is being constructed or installed or where records which are required under this article are kept.

(2)

Any duly authorized representative of the town commission or town building official may, at reasonable times, have access to and copy any records required under this chapter; inspect any monitoring equipment or method; sample for any hazardous material which the owner or operator of such source may be discharging or which may otherwise be located on or underlying the owner's or operator's property; and obtain any other information necessary to determine compliance with permit conditions or other requirements of this chapter.

(3)

No person shall refuse entry or access to any authorized representative of the town commission or town building official who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if requested, setting forth all facts found which relate to compliance status.

(4)

Install and sample monitor wells in facilities suspected of causing groundwater pollution. All costs associated with these activities will be born by the facility if the facility is proved to be the source of pollution, or the facility is in noncompliance with its operating permit.

(Ord. No. 5-92, § 5.17, 8-25-92)

The prohibitions and restrictions set forth in this article and in regulations promulgated pursuant hereto shall apply to any sites officially designated by the town commission as future wellfields. Such prohibitions and restrictions shall become effective upon approval by the town commission of the zone of protection maps for the designated future wellfield. Prior to final action by the town commission in designating a future wellfield or approving the zone of protection map for those wellfields, all property owners and discernable operating activities within the area affected shall receive notice pursuant to the provisions established by F.S. § 166.041(c).

(Ord. No. 5-92, § 5.18, 8-25-92)

(a)

Any existing activities affected by a decision of the town building official in the enforcement or interpretation of any of the terms or provisions of this article, for the initial issuance of permits to development in existence at the time of adoption of the ordinance from which this chapter was derived, may appeal such decision to the town commission. Such appeal shall be taken by filing written notice thereof with the town clerk, within 30 days after the decision of the town building official. Each such appeal shall be accompanied by a payment in sufficient amount to cover the cost of publishing and mailing notices of hearing or hearings.

(b)

Any person may appeal to the town commission for the following reasons:

(1)

To appeal the town building official's denial of a general exemption or a denial of permits based on nondisclosure of a trade secret.

(2)

To appeal an intent to revoke or revise an operating permit and a general or special exemption.

(3)

To request a special exemption, written petitions for relief shall be filed with the town clerk and the factual basis for the relief requested. The petitions shall include all materials and documents which are necessary to support the specific relief requested in the petitioner's request. Except in the case of an application for special exemption, a written request for relief shall be filed with the town clerk within 30 days after the date upon which either the petitioner received written notice of an intent to revoke or revise a permit, or, a general exemption or trade secret protection has been denied. Failure to file within 30 days shall constitute a waiver of the person's right to an administrative hearing. The filing of a petition authorized by this section shall stay all proceedings with respect to the matters that are contained in the petition until there is a final decision of the town commission as provided herein.

(Ord. No. 5-92, § 5.19, 8-25-92)

(a)

All appeals and applications shall be heard within 45 days of the date from which the petition and supporting data are filed with the town clerk.

(b)

Notice of hearing shall be served upon the applicant or permittee and property owner, if different, by hand delivery or by certified mail, return receipt requested, no less than ten days prior to the hearing. When the owner or responsible individuals are not present or are avoiding service of the notice of hearing, service shall be accomplished by posting copies of the notice of hearing in a conspicuous place on the premises of the facility that is the subject of the appeal.

(Ord. No. 5-92, § 5.20, 8-25-92)

A notice of hearing shall contain those items below:

(1)

Name and address of the petitioner and property owner, if different;

(2)

Description of the facility;

(3)

Article, section or regulation section alleged to have been the basis of the denial or proposed revocation or revision;

(4)

Time, date and place of the hearing;

(5)

A statement that "Failure to attend may result in an order being issued adverse to your interest";

(6)

A statement that all parties shall be given the opportunity to present witnesses and evidence in support of their position; and

(7)

A statement reflecting the requirements of F.S. ch. 286 regarding a verbatim record of the proceedings.

(Ord. No. 5-92, § 5.21, 8-25-92)

In computing the period of time within which an appeal must be taken from the denial of a permit, general exemption or special exemption, application for nondisclosure, formal intent to revoke or revise a permit, the day of receipt of notice of such denial or intent to revoke or revise shall not be included. In computing the period of time in which the town commission must set a hearing date, the date on which the town clerk receives the written petition and accompanying information shall not be included. In computing the period within which notice shall be provided prior to the hearing, the date of the hearing shall not be included. The last day of any period of time herein provided shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation when any period of time prescribed in the article is less than ten days. Where such period is ten days or greater, Saturday, Sunday and legal holidays shall be included.

(Ord. No. 5-92, § 5.22, 8-25-92)

(a)

Hearings concerning the application for operating permits for new activities as defined by this chapter shall follow the hearings procedure for appealing decisions found in section 34-43.

(b)

Hearings concerning the denial of operating permits, special exemptions or general exemptions that arise for uses and activities in existence at the time of adoption of this chapter shall be conducted as follows:

(1)

All testimony shall be under oath and shall be recorded.

(2)

If there is a proper notice of hearing as provided in subsection 34-409(b), the hearing may proceed in the absence of the alleged petitioner and properly owner, if different.

(3)

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence shall be admissible in a trial in the courts of the state. Any part of the evidence may be received in written form. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(4)

Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available.

(5)

The rules or privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(6)

Each party shall have the following rights:

a.

To be represented by counsel;

b.

To call and examine witnesses;

c.

To introduce exhibits;

d.

To cross examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination;

e.

To impeach any witness regardless of which party called the witness to testify;

f.

To rebut the evidence.

(7)

Any interested party or person whose substantial interests are affected may make application, and upon good cause shown, may be allowed by the town commission to intervene in a pending proceeding.

(8)

In an appeal of an intent to revoke or revise a special exemption or general exemption that also requires an operating permit under the terms of this regulation, the appeal of both the intent to revoke or revise the applicable exemption and the accompanying permit shall be consolidated into one hearing.

(9)

At all hearings, the town commission shall hear and consider all facts material to the appeal or application for special exemption and shall thereafter issue a decision based on the competent and substantial evidence presented at the hearing. Such decision may affirm, reverse or modify the action or proposed action of the town building official.

(10)

The decision of the town commission, as applicable, shall be the final administrative action on behalf of the town building official and the town. Any person who is a party to the proceeding before the town commission, if applicable, may appeal to the circuit court of the county, in accordance with applicable Florida Appellate Rules.

(Ord. No. 5-92, § 5.23, 8-25-92)

(a)

Exemption types. Facilities and activities qualifying for an exemption include public utilities, lawns, parks and golf courses, maintenance of office facilities, and retail sales. Exemptions apply only to the zone of protection and are of three types:

(1)

Exemptions requiring no applications or permits;

(2)

General exemptions which require an application and an operating permit; and

(3)

Special exemptions which require an application and operating permit.

(b)

Uses and activities eligible for an exemption but requiring no applications or permits.

(1)

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 article provided that:

a.

In the zone of protection, 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; and

b.

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

c.

In the zone of protection, the application of any of the 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 the zone of protection for which particular care is required. Records shall be kept of the date and amount of these substances applied at each location and such records shall be available for inspection at reasonable times by the town building official.

d.

In the zone of protection, the pesticides, herbicides, fungicides, and rodenticides for lawn, golf course or agricultural application shall not be handled during application in a quantity exceeding 700 gallons of formula.

e.

All nonresidential applicators of pesticides, herbicides, fungicides, and rodenticides who apply those substances within the zones of protection shall obtain an operating permit covering all application operations of those materials under one permit and shall comply with all the requirements of section 34-396. This exemption applies only to the application of pesticides, herbicides, fungicides, and rodenticides. All chemigation and fertigation equipment shall be fitted with backflow devices.

f.

Mixing and loading sites for pesticides, herbicides, fungicides, and rodenticides shall have seamless concrete loading pads. If wells are present the well shall be tightly cased and backflow prevention devices shall be installed on water dispensing devices. Storage and disposal sites for these substances shall be dry with protection from precipitation, have concrete floors without floor drains, and shall be in a fenced and locked area.

(2)

The transportation of any regulated substance through the zone of protection shall be exempt from the provisions of this article provided the transporting motor vehicle is in continuous transit. The transport of such substances through existing permanent pipelines is also exempt provided that the currently authorized use or uses are not changed and provided that leak detection and monitoring as approved by the town engineer are employed. No general exemption or operating permit application is required except that an operating permit is required to establish the leak detection and monitoring requirements for such existing pipelines.

(3)

The activities of constructing, repairing or maintaining any facility or improvement on lands within the zone of protection shall be exempt from the provisions of this article provided that all contractors, subcontractors, laborers, material men and their employees when using, handling, storing or producing regulated substances in the zone of protection use those applicable Best Management Practices set forth in appendix D, attached hereto and incorporated herein. No general exemption or operating permit applications are required.

(4)

Office uses, including the use of regulated substances for the maintenance and cleaning of office buildings in volumes less than ten gallons, shall be exempt from the provisions of this article. No general exemption or operating permit applications are required.

(c)

Uses and activities requiring a general exemption and operating permit.

(1)

Retail sales establishments in the zone of protection that store and handle regulated substances for resale in their original unopened containers shall be exempt from the prohibition in the zone of protection provided that those establishments obtain a general exemption and an operating permit pursuant to the provisions of section 34-396.

(2)

The use of any regulated substance solely as fuel in that vehicle or equipment fuel tank or as lubricant in that vehicle or equipment in a private passenger vehicle, commercial lawn service vehicle or residential lawn maintenance equipment shall be exempt from the provisions of this article. No general exemption or operating permit application is required, however, heavy equipment and used parts and equipment storage areas, and other storage areas as defined in the town zoning regulations are not exempt and require operating permits and a general exemption if located in the zone of protection.

(d)

Application for a general exemption. A general exemption application and operating permit in compliance with the provisions of section 34-396 shall be required for any nonresidential activity claiming a general exemption under this section and shall be filed with the town building official.

(1)

Such application shall contain a concise statement by the applicant detailing the circumstances upon which the applicant believes would entitle him or her to an exemption.

(2)

A fee (as listed in appendix C) shall be filed with the application to defray the costs of processing such application.

(3)

Application sufficiency. Within 30 working days of receipt of an application for general exemption, the town building official shall inform the applicant whether such application contains sufficient information for a proper determination to be made. If the application is found to be insufficient, then the town building official shall provide to the applicant a written statement by certified mail or hand delivery requesting the additional information required. The applicant shall inform the town building official within ten working days of the date of the written statement of his or her intent to either furnish the information or have the application processed as it stands. The town building official shall have 90 working days from either the rendering of a sufficiency determination or receipt of additional information making an application sufficient to make a decision.

(e)

Uses and activities qualifying for special exemption.

(1)

Any special exemption granted by the town commission shall be subject to the applicable conditions of sections 34-396 and 34-397 and any other reasonable and necessary special conditions imposed by the town commission. An operating permit shall be issued by the town building official with the applicable conditions of sections 34-396 and 34-397 and any other reasonable and necessary special conditions imposed by the town commission. Such special exemptions shall be subject to revocation or revision by the town building official or code enforcement officer for violation of any condition of such special exemption by first issuing a written notice of intent to revoke or revise (certified mail return receipt requested or hand delivery), or by whatever lawful means necessary when immediate hazard is apparent. Upon revocation or revision, the activity will immediately be subject to the enforcement provisions of this article.

(2)

Special exemptions for the zone of protection are for existing nonresidential facilities only. No new nonresidential activity shall be permitted into the zone of protection after the effective date of the ordinance from which this article is derived if the new nonresidential facility stores, handles, produces, disposes of or uses any regulated substance.

(3)

An affected person in the zone of protection may petition the town commission for a special exemption from the prohibitions and monitoring requirements set out in section 34-396. In order to obtain such an exemption such person must demonstrate by a preponderance of competent, substantial evidence that:

a.

Special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply.

b.

In granting the special exemption, the town commission may prescribe any additional appropriate conditions and safeguards which are necessary to protect the wellfield.

(4)

Activities claiming special exemption with adequate technology to isolate the facility or activity from the potable water supply and protect the wellfield must submit:

a.

A special exemption application claiming special or unusual circumstances and adequate protection technology shall be filed with the town clerk as part of a permit application. It shall be signed by the applicant and professional engineer and certified geologist registered in the state.

b.

Such application shall contain a concise statement by the applicant detailing the circumstances which the applicant feels would entitle him or her to an exemption pursuant to subsection 34-413(e)(3) above.

(5)

A nonrefundable fee as listed in appendix C shall be filed with the application to defray the costs of processing such application.

(f)

Uses and activities requiring a special exemption and operating permit. Existing fire, police, emergency medical services and emergency management center facilities are required to obtain an operating permit and special exemption.

(g)

Application for a special exemption. The application for special exemption shall contain but not be limited to the following elements:

(1)

Description of site. A description of the situation at the site requiring isolation from the wellfield, including:

a.

A list of the regulated substances in use at the site.

b.

A site plan of the facility including all storage, piping, dispensing, shipping, etc., facilities.

c.

What operations at the facility involve regulated substances which must be isolated from the wellfields.

d.

The location of all operations involving regulated substances.

e.

A sampling and analysis of the groundwater on the site of the activity seeking a special exemption shall be performed to the satisfaction of the town to determine if any regulated substances are already present which constitute a threat to the water supply.

f.

An analysis of the affected well showing whether or not such well is already contaminated by any regulated substances and the extent of such contamination.

g.

A hydrogeologic assessment of the site which shall address, as a minimum, soil characteristics and groundwater levels, directional flow, and water quality and performed by a registered geologist, certified by the state.

(2)

Technical proposal. A technical proposal to achieve the required isolation including:

a.

Components to be used and their individual functions;

b.

Systems tying the components together;

c.

A discussion and documentation, such as published technical articles, substantiating the performance and reliability of the components individually and the system as a whole. If the system has not been field tested, a discussion and laboratory test documentation to substantiate the proposed performance and reliability of the system;

d.

Details of the specific plans to install the system at the site.

(3)

Testing procedures. If the proposed system does not have a proven history of successful in-field operation, it may still be proposed using proven components. A test plan for the system as installed shall be provided to prove that the proposed system works in the field.

(4)

Backup detection proposal. A technical proposal for backup detection of regulated substances that may elude the isolation system and escape to outside a perimeter to be established by the town engineer. Such proposal shall include emergency measures to be initiated in case of escape of regulated substances.

(5)

Criteria for success. Site-specific, system performance criteria shall be proposed to ascertain the success of the system. Such criteria shall include but shall not be limited to:

a.

Performance;

b.

Reliability;

c.

Level of maintenance;

d.

Level of sensitivity to regulated substances;

e.

Effect of power failure, rain, flood or other natural disaster.

(6)

Precautions in event of failure. Applicant shall provide information on the on-site availability of substance removal technologies sufficient to remediate any introduction of regulated substances into the water table at the site. Where water is removed from on-site wells during the remedial process a plan shall be proposed for the disposal of such water.

(7)

Closure plan. A closure plan shall be provided in the event the system does not prove successful in the testing required by subsection 34-413(g)(3) above.

(8)

Other information. Any other reasonable information deemed necessary by the town commission due to site-specific circumstances.

(h)

Application sufficiency. Within 30 working days of receipt of an application for special exemption the town clerk shall inform the applicant whether such application contains sufficient information for a proper determination to be made. If the application is found to be insufficient, then the town clerk shall provide to the applicant a written statement by certified mail or hand delivery requesting the additional information required. The applicant shall inform the town building official within ten working days of the date of the written statement of his or her intent to either furnish the information or have the application processed as it stands. At the end of the one-day period the town clerk shall have 14 days to inform the town commission of such application and shall transfer all information accompanying the application to the town commission who shall then proceed with the hearing procedures as provided under section 34-412.

(Ord. No. 5-92, § 5.24, 8-25-92)

The town building official shall not disclose any trade secrets of the permittee that are exempted from such disclosure by federal or state law. Provided, however, the burden shall be on the permittee to demonstrate entitlement to such nondisclosure. Decisions by the town building official as to such entitlement shall be subject to challenge by the permittee by filing a petition with the town hearings division pursuant to appeals process specified in article II of this chapter.

(Ord. No. 5-92, § 5.25, 8-25-92)

Failure to comply with the requirements of this article or any permit, exemption, or approval granted or authorized hereunder shall constitute a violation of this article. Violations of the provisions of this article shall upon conviction be punished by a fine not to exceed $250.00 per day for the first offense and $500.00 per day for a repeat offense. Each day of violation is considered to be a separate offense pursuant to the provisions of F.S. § 162.21. In addition to the sanctions contained herein, the town may take any other appropriate legal action, including but not limited to, emergency injunctive action, to enforce the provisions of this article.

(Ord. No. 5-92, § 5.26, 8-25-92)

APPENDIX A
GENERIC SUBSTANCES LIST

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

Acid and basic cleaning solutions

Antifreeze and coolants

Arsenic and arsenic compounds

Bleaches, peroxides

Brake and transmission fluid

Brine solution

Casting and foundry chemicals

Caulking agents and sealants

Cleaning solvents

Corrosion and rust prevention

Cutting fluids

Degreasing solvents

Disinfectants

Electroplating solutions

Explosives

Fertilizers

Fire extinguishing chemicals

Food processing wastes

Formaldehyde

Fuels and additives

Glues, adhesives, and resins

Greases

Hydraulic fluid

Indicators

Industrial and commercial janitorial supplies

Industrial sludges and stillbottoms

Inks, printing, and photocopying chemicals

Laboratory chemicals

Liquid storage batteries

Medical, pharmaceutical, dental, veterinary, and hospital solutions

Mercury and mercury compounds

Metal finishing solutions

Oils

Painting solvents

Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds

PCBs

Pesticides and herbicides

Plastic resins, plasticizers, and catalysts

Photo development chemicals

Poisons

Polishes

Pool chemicals

Processed dust and particulates

Radioactive sources

Reagents and standards

Refrigerants

Roofing chemicals and sealers

Sanitizers, disinfectants, bactericides, and algaecides

Soaps, detergents, and surfactants

Solders and fluxes

Stripping compounds

Tanning industry chemicals

Transformer and capacitor oils/fluids

Water and wastewater treatment chemicals

APPENDIX B
OPERATING AND CLOSURE PERMITS*

*Amounts reflected on this table are for each operating and closure permit issued and may be adjusted by the town building official upon further risk/loss analysis.

APPENDIX C
FEE SCHEDULE

(1)

Filing fee: All applicants for a wellhead protection or groundwater protection operating permit shall pay a nonrefundable filing fee of $25.00. The filing fee shall be applied against other fees prescribed for the issuance of a permit. The filing fee shall be paid prior to acceptance of the permit application for review.

(2)

Wellhead protection or groundwater protection operating permit fee: The fee for a wellhead protection or groundwater protection operating permit under this regulation shall be $25.00. The wellhead protection operating permit fee shall be used to defray the cost of administering this chapter.

(3)

Closure permit fee: The fee for a closure permit under this regulation shall be one-half of the fee for the wellhead protection operating permit.

(4)

Permit transfer fee: The fee for transfer of a wellhead protection operating permit shall be $25.00 to defray the cost of processing the transfer.

(5)

Special exemption fee: Any person seeking a special exemption shall pay a fee of $200.00 to defray the cost of processing the exemption request.

(6)

Annual renewal license fee: Beginning August 25, 1993, an annual renewal license fee shall be collected to defray costs of the administering of this regulation. The fee shall be one-half of the operating permit fee, but not less than $25.00 per year.

(7)

General exemption fee: Any person seeking a general exemption shall pay a fee of $100.00 to defray the cost of processing the exemption request.

(8)

Sampling fee: The required quarterly and biannual groundwater quality sampling of permitted facilities within the zone of protection will be assessed a fee of $50.00/sample by the representative for the town water system to withdraw and transport each groundwater sample. The cost of the sampling will be assessed to the permittee.

(9)

Water quality analysis fee: The representative for the town water system will deliver all groundwater samples to a designated chemistry laboratory for priority pollutant analysis. The cash cost for each analysis to be borne by the permittee, will be $700.00/sample.

APPENDIX D
BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY

(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 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 30 gallons, or 250 pounds, 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, groundwaters, or surface waters of any pollutant which may emanate from such 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 systems shall be removed from the construction site by the responsible contractor and shall be disposed of in a proper manner as prescribed by law.

APPENDIX E
REGULATED AND UNREGULATED CONTAMINANTS OF FLORIDA ADMINISTRATIVE CODE RULE 62-550

Unregulated Organic Contaminants

(1)

Purgeables.

Bromobenzene

Bromodichloromethane

Bromoform

Bromomethane

Chlorobenzene

Chloroethane

Chloroform

p-chlorotoluene

Chloromethane

Dibromochloromethane

Dibromomethane

Dichlorodifluoromethane

1,1-dichloroethane

trans-1,3-dichloropropene

cis-1,2,-dichloroethene

trans-1,2-dichloroethene

1,2,-dichloropropane

1,3-dichloropropane

2,2-dichloropropane

cis-1,3-dichloropropane

Ethylbenzene

Methylene chloride (Dichloromethane)

1,1,2-trichloroethane

Trichlorofluoromethane

1,2,3-trichloropropane

Toluene

m-xylene

o-xylene

p-xylene

Styrene

m-dichlorobenzene

o-dichlorobenzene

1,2-dibromo-3-chloropropane (DBCP)

1,1,1,2-tetrachloroethane

1,1,2,2-tetrachloroethane

Methyl tert-butyl-ether (MTBE)

1,1-dichloropropene

o-chlorotoluene

(2)

Pesticides.

Aldrin

Chlordane

Dieldrin

Heptachlor

Aldicarb

Aldicarb sulfoxide

Aldicarb sulfone

Dalapon

Carbofuran

Oxamyl

Simazine

Atrazine

Picloram

Dinoseb

Alachlor

Metolachlor

Diacamba

Pentachlorophenol

(3)

Base Neutral Extractables.

Bis(2-ethylhexyl) phthalate

Butyl benzyl phthalate

Di-n-butylphthalate

Diethylphthalate

Dimethylphthalate

2,4-dinitrotoluene

Dioctylphthalate

Hexachlorocyclopentadiene

Isophorone

2,3,7,8-tetrachlorodibenzo-p-dioxin (Dioxin)

1,2,4-trichlorobenzene

PCB-1016

PCB-1221

PCB-1232

PCB-1242

PCB-1248

PCB-1254

PCB-1260

(4)

Acid Extactables.

2-chlorophenol

2-methyl-4,6-dinitrophenol

Phenol

2,4,6-trichlorophenol

Regulated Inorganic Contaminants

Arsenic

Barium

Cadmium

Chromium

Fluoride

Lead

Mercury

Nitrate (as N)

Selenium

Silver

Sodium

Regulated Organic Contaminants

(1)

Chlorinated hydrocarbons

Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a 5 6 7 8 8a-octa-hydro-endo,endo-1,4,+5,8 dimethanonaphthalene)

Lindane (1,2,3,4,5,6-hexachloro-cyclohexane, gamma isomer)

Methoxychlor (1,1,1-trichloro-2,2-bis(p-methoxyphenyl)) ethane

Toxaphene (C ₁₀ H ₁₀ C ₈ -technical chlorinated camphhene, 67-69 percent chlorine)

(2)

Chlorophenoxys

2,4-D (2,4-dichlorophenoxyacetic acid)

2,4,5-TP, Silvex (2,4,5-trichloro-phenoxypropionic acid)

(3)

Total trihalomethanes (the sum of the concentration of bromodichloromethane, dibromochloromethane, tribromomethane (bromoform), and trichlormethane (chloroform).

(4)

Volatile organics

Trichloroethene

Tetrachloroethene

Carbon tetrachloride (Tetrachloromethane)

Vinyl chloride

1,1,1-trichloroethane

1,2-dichloroethane

Benzene

Ethylene dibromide

p-dichlorobenzene

1,1 dichloroethene

APPENDIX F
TANK PITS
A SAFEGUARD TO PREVENT CONTAMINATION OF WATER SUPPLY AQUIFER BY CHEMICAL SPILLS

(1)

Pits constructed of concrete for portable or future tank installations shall have a certifiable dead load of sufficient weight to prevent floatation (exhibit A) or a combined thickness of floor and roof equal to 73 percent of the inside depth of the pit or 73 percent of the distance from finished ground level to tank floor (exhibit B) whichever is the lesser.

(2)

Pits constructed with the tank in place and anchored to the floor shall have a combined dead load of pit and empty tank equal to the weight of the volume of water displaced by that part of the pit below finished grade.

(3)

Pit shall be of sufficient size to retain all contents of the tank plus a 12-inch free board. A minimum clearance of 24 inches shall be provided on all sides of the tank and its supports. Floor shall have one-quarter-inch per foot fall to an 18-inch by 18-inch by six-inch sump (centered under an access on covered pits for pumping equipment).

(4)

Covered pits subject in any part to vehicular traffic shall be designed to sustain an H-20 loading. Covers shall be removable (exhibit C).

(5)

Open pits shall extend 12 inches above the highest point of the finished grade at the pit.

(6)

Pit walls shall be constructed of waterproofed reinforced concrete or reinforced hollow unit masonry with all cells grout-filled. Pit cover (where used) and floor shall be constructed of waterproofed, reinforced concrete. All concrete shall have a minimum compressive strength of 3,000 psi in 28 days. Working stresses for reinforced masonry shall conform to SBCC Standard Building Code. Plans and specifications shall be prepared and sealed by an engineer or architect registered in the state. Upon completion of construction, the engineer/architect shall certify in writing to the town building official that the construction conforms to these requirements.

(7)

Vents for covered pits shall have the same venting system as required for the tank placed in the pit, both as to capacity, location and arrangement.

(8)

Pit openings other than vents shall be liquidtight, and every connection through which liquid can normally flow shall have a valve located as close as possible to the pit.

(9)

Vent, fill and withdrawal piping shall not pass through floor or walls of the pit, and connections shall be made to preclude breakage from settlement, vibration or contraction.

(10)

Paint interior of concrete pit (both sides of masonry walls if used) with two coats of a waterproofing compound inert to the storage tank contents.

(11)

Leakage shall be monitored weekly, and a log recording the inspection results shall be maintained. Report leakage and spills to the to the county warning point and the local fire department. Do not pump pits! Wait for disposal instructions.

(12)

Open tank inspections may be visual. Covered tanks may have a manual gauge, magnetic, hydraulic or hydrostatic remote reading device, or a sealed float gauge.

(13)

Other containment devices may be submitted for consideration provided that the tank is restrained from floatation under all conditions, that the containing membrane is inert to the liquid stored, that the containing device permits inspection, and if required—withdrawal of the spill without removal of tank.

(14)

In all instances the regulations of the National Fire Protection Association as administered by the local fire department shall prevail.

EXHIBIT A
FLOATATION PREVENTION

Pit Dead Load must equal Buoyance

Pit Dead Load lbs.* = 144 (Vol. cubic feet roof + walls + floor)

*Add weight of empty tank if permanently anchored.

Buoyance lbs. = 62.35 × Out to Out area of floor × least depth to finished grade. (All measurements in feet)

EXHIBIT B

EXHIBIT C

APPENDIX G
OBSERVATION AND MONITORING WELLS

Observation wells, located in tank excavations and collection sumps of secondary containment systems, typically extended two feet below the level of the land or hold-down pad. Monitoring wells, located outside of the tank excavations, enable sampling of groundwater in areas with permeable soil, where the water table is below the bottom of the tanks but within 40 feet of the surface.

Comments:

(A)

The size, number, and location of wells is largely dictated by building codes and physical conditions.

(B)

Wells should be constructed of factory perforated or slotted PVC, galvanized or coated metallic pipe with 0.020 inch openings and permeable backfill material to permit water or released product to flow freely into the well.

(C)

Access covers and well construction should restrict infiltration of surface water.

(D)

Wells should be clearly marked with a black equilateral triangle on a white background and a durable label, warning against the accidental or intentional introduction of petroleum products into the well.