a)

There is an urgent need to protect existing and future public and private potable water supply wells in the Town of Lady Lake from the irreversible and adverse effects of bacterial and chemical contamination.

b)

The replacement cost of a major wellfield is substantial and thus should be protected.

c)

The intent and purpose of this section is to safeguard the public health, safety and welfare of the people of Lady Lake by providing for regulation of the storage, handling, use or production of hazardous substances within zones of protection surrounding potable water supply wells and wellfields as defined by this section, thereby protecting the potable water supply from contamination.

d)

The Town declares that the storage, handling, use, disposal, or production of hazardous or toxic substances in close proximity to public potable water supply wells is potentially harmful to the drinking water of Lady Lake and that certain land uses and activities involving regulated or generic substances are hereby prohibited or regulated within the defined zones of protection area.

The regulations set forth by this section shall apply to all lands surrounding a potable water supply well which is designated as within the Primary or Secondary Wellfield Protection Zone and other areas of the Town as provided herein.

The following activities or uses are exempt from these provisions:

a)

The transportation of any hazardous substance through either or both the Primary or Secondary Wellfield Protection Zone, provided the transporting vehicle is in continuous transit.

b)

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

1)

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

2)

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 Chapters 5E-2 and 5E-9, Florida Administrative Code, or as amended.

3)

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 same. 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 said records shall be available for inspection at reasonable times by the appropriate agencies.

4)

All non-residential applications of pesticides, herbicides, fungicides, and rodenticides within the zone of protection shall obtain approval of an operating plan covering all application operations. No occupational license shall be issued or reviewed unless such plan has been reviewed and approved by the appropriate agencies.

5)

This exemption applies only to the application of pesticides, herbicides, fungicides, and rodenticides.

c)

The use of any regulated hazardous substance solely as fuel in a vehicle or equipment fuel tank or as lubricant in a vehicle or equipment fuel tank.

d)

Fire, policy, emergency medical services, governmental emergency management center facilities, and essential utility services.

e)

Retail sales establishments that store and handle regulated hazardous substances for resale in their original unopened containers provided that appropriate measures are established to ensure containment and control of spills or to minimize hazards that may occur as a result of a fire. An occupational license shall be issued only if the use and operation is consistent with these standards.

f)

Regulated substances for the maintenance and cleaning of office buildings and regulated substances associated with office equipment such as copiers or blueprint machines shall not be allowed onsite in quantities greater than the quantities exempted later in this section.

g)

Approved non-residential activities. The following non-residential activities are exempted:

1)

Non-residential land uses existing as of the effective date of this chapter which have received site plan, subdivision or similar development approval and building permits.

2)

Non-residential land uses existing as of the effective date of this chapter which have received occupational licenses or similar forms of annual development approval and which do not require site plan, subdivision, or similar development approval and building permits. For the purposes of this exemption, renewal of annual development approval shall also be exempt, provided, however, that there are not expansions, modifications or alterations that would increase the storage, handling, production, or use of the regulated substance.

3)

Only those non-residential land uses which store, handle, produce, or use the following quantities of regulated substances shall be exempt from the regulated prohibition set out in this chapter.

A)

Whenever the aggregate sum of all quantities of any one regulated substance for any one (1) non-residential activity at a given facility/building or property at any one (1) time does not exceed six (6) gallons where said substance is a liquid, or twenty-five (25) pounds where said substance is a solid.

B)

Whenever the aggregate sum of all regulated substances for any one (1) non-residential activity at one (1) facility/building or property at any one time does not exceed one hundred (100) gallons if said substances are liquids, or five hundred (500) pounds if said substances are solids, and the aggregate sum of all quantities of any one (1) regulated substance does not exceed the limits referenced in the paragraph above. Any facility or building which stores, handles, produces, or uses more than one hundred (100) pounds of liquid regulated substances or five hundred (500) pounds or solid regulated substance shall be designed to prevent contamination of wellfields in case of accidents, ruptures, or leaks.

C)

Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. The actual quantity of the regulated substance present shall be the total quantity of the original unopened container(s) regardless of concentration or purity.

h)

Repairing or maintaining any existing facility or improvement on lands within the Primary or Secondary Wellfield Protection Zone provided that such activity is consistent with the Best Management Practices incorporated herein.

i)

Geotechnical borings.

The Water Wells map as illustrated designates and graphically represents the Primary and Secondary Wellfield Protection Zones and may be amended from time to time as updated information becomes available.

To determine the location of properties and buildings within the Primary or Secondary Wellfield Protection Zones, the following rules shall apply:

a)

Properties located wholly within one (1) protection zone shall be governed by the restrictions to that zone.

b)

Properties having parts lying within more than one (1) zone shall be governed by the restrictions applicable to the protection zone in which each part of the property is located.

c)

Where the boundary between two (2) protection zones pass through a building, the entire building shall be considered to be in the more restrictive zone.

d)

Where the building or portion thereof is overlapped by protection zones of different wells or wellfields, the most restrictive regulations shall apply.

e)

Where a property or portion thereof is overlapped by protection zones of different wells or wellfields, the most restrictive of the regulations shall prevail over said overlapped area.

a)

For the Primary Wellfield Protection Zone, except as otherwise provided in this Code, any new non-residential use, handling, production or storage of hazardous substances shall be prohibited. Provided, however, any existing non-residential use, handling, production or storage of hazardous substances is lawful and shall be considered a nonconforming activity, but shall apply for a Wellfield Protection Permit as provided in this chapter and be subject to the containment standards of this chapter within one (1) year after adoption.

b)

For the Secondary Wellfield Protection Zone, except as otherwise provided in this Code, the owner or operator of any new or existing non-residential use, handling, production or storage of hazardous substances shall apply for a Wellfield Protection Permit as provided in this chapter.

c)

Any person with existing non-residential activity not in conformance with this Code shall have a period of one (1) year from the adoption of this Code to apply for a permit without a fee; thereafter, said person shall adhere to the fee schedule as adopted in this Code.

d)

All development within the zones must comply with Rule 17-550, 555, 610, F.A.C., or as amended.

a)

Except as excluded, no person shall construct, modify install or replace a hazardous substance storage system or component thereof or use, store, or dispose of hazardous substances within a Primary or Secondary Wellfield Protection Zone or identified Zone of Contribution without compliance to the Wellfield Protection Zone requirement.

b)

The Town shall review all building permit applications, site plans, or occupational licenses for consistency to the terms and requirements of this chapter and no application, plan or occupational license shall be approved unless full compliance is demonstrated. Permits or occupational licenses issued in violation of this chapter confirm no right or privilege on the grantee.

c)

An applicant is encouraged to arrange a pre-application conference with the Town to determine the location of any existing or proposed wellfield protection areas prior to submitting a formal application.

d)

The following documents and information shall be submitted to the Town by the applicant prior to approval of any permit, plan, or occupational license:

1)

A list of all known hazardous substances that maybe utilized, generated and/or stored at the described property.

2)

A statement certifying whether or not hazardous substances are proposed to be used, handled, or stored within one thousand (1,000) feet of a potable water supply well or within the zone protection area as otherwise determined.

3)

If hazardous substances are proposed to be used, handled, generated, or stored on the property and within the zone protection area, then the following additional documents and information must be provided:

A)

A survey or scale drawing of the property identifying existing structures, adjacent streets, waterbodies and all appropriate potable water supply wells.

B)

A description of the proposed activity at the proposed location.

C)

Construction plans and specifications for the hazardous substance storage system, prepared by a Professional Engineer licensed in the State of Florida, including but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak detection, overfill protection and access.

D)

Operating plan for the use, handling, generation or storage of regulated hazardous substances.

The proposed development, construction activity or occupational use shall not be approved by the Town unless the following criteria is met:

a)

The public interest test shall be applied in determining whether, and the extent to which, a proposed development or occupational use must be located within the wellfield protection area.

b)

Consistency shall be required with other sections of the Land Development Code and Comprehensive Plan.

c)

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

d)

Storage tanks shall be, at a minimum, constructed and operated in accordance with the storage tanks regulations as set forth in Chapter 17-61, Florida Administrative Code or its successor, Chapter 17-761, Florida Administrative Code, or as amended.

e)

Existing underground storage facilities within the Wellfield Protection Zones shall meet the construction retrofit requirements of Chapter 17-61, Florida Administrative Code, or as amended.

f)

Containment standards for storage systems. The following containment standards shall apply for any one (1) of a combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be used, for the storage of hazardous substances at a facility:

1)

Monitoring capacity. All storage systems intended for the storage of hazardous substances shall be designed with the capability of detecting that the hazardous substance stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be approved by the appropriate agencies.

2)

General containment requirements. Primary and secondary level of containment shall be required for all storage systems intended for the storage of hazardous substances, except as otherwise excluded.

3)

Primary containment. All primary containment shall be product-tight.

4)

Secondary containment.

A)

All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharged hazardous substances. Leak-proof trays under containers, floor curbing or other containment systems to provide secondary liquid containment shall be installed. The secondary containment shall be of adequate size to handle one hundred and ten (110) percent of the total volume of all of the containers in order to contain all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and section of materials shall be sufficient to preclude any hazardous substances loss to the external environment such as may occur through evaporation. Secondary containment systems shall be sheltered so that the intrusion of precipitation is prohibited. These requirements shall apply to all areas of use, production, and handling, to all storage areas, and to aboveground and underground storage areas.

B)

Vacuum suction devices, absorbent scavenger materials or other devices designated and approved by the appropriate agencies shall be present onsite or available seven (7) days a week, twenty-four (24) hours a day and within a time approved by the appropriate agencies normally not to exceed four (4) hours. Devices or materials shall be available in sufficient supply so as to control and collect the total quantity of hazardous substances. Emergency containers shall be present and of such capacity as to hold the total quantity of hazardous substances plus absorbent material.

C)

The secondary containment shall be impervious and shall have monitoring well(s) or detector(s) located therein.

D)

Procedures shall be established and incorporated within the operating plan for periodic in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be provided to the appropriate agencies in writing. A checklist and schedule of regular maintenance shall be established and a log shall be kept of inspections and maintenance. As long as the storage system is in operation, such logs and records shall be kept available for inspection by the appropriate agencies during regular business hours.

5)

Maintenance, repair, or replacement.

A)

Any modification or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the appropriate agencies and approved prior to the initiation of such work.

B)

A facility owner or operator may make emergency repairs to a storage system in advance of seeking an approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment.

C)

Replacement of any existing storage system for hazardous substances must be in accordance with the new installation standards.

6)

Out-of-service storage systems.

A)

Storage systems which are temporarily out of service and are intended to be returned to use shall continue to be monitored and inspected.

B)

Any storage system which is not being monitored and inspected in accordance with this chapter shall be closed or removed in a manner approved by the appropriate agencies.

C)

Whenever an abandoned storage system is located, a plan for the closing, removing or upgrading and permitting of such storage system shall be filed by the owner of the property at a reasonable time as determine by the appropriate agencies, provided however such reasonable time for filing shall be not more than sixty (60) days and the work shall be done within six (6) months.

7)

Closure of facilities.

A)

Upon closure of a hazardous substance storage system for any reason, the facility owner or operator shall submit a notice of intention to close the storage system. Said notice shall be referred to the appropriate agencies and no activity shall commence until it is approved in writing. The property owner is held responsible to adhere to the closure procedures as outlined in this chapter and as specified by the appropriate agencies.

B)

A notice to close a hazardous substance storage facility shall include the following:

1)

A schedule of events to complete the closure of this activity which does or did store, handle, use, or produce hazardous substances.

2)

Outline the disposition of all hazardous substances and contaminated containers.

3)

Documentation of plans to monitor the cleanup of the activity and area to preclude leaching of hazardous substances into the aquifer.

C)

The appropriate agencies shall inspect the facility to determine whether or not the requirements of this section have been met.

D)

The appropriate agencies shall certify that disposal and cleanup have been completed in an acceptable manner. Certification may be waived if the applicant provides evidence to the appropriate agencies that all of the following conditions apply to the subject land use facility or activity:

1)

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

2)

The method of removing operating waste is not a septic tank, sewer main, or floor drain.

3)

There is no evidence of spills permeating floors or the environs.

4)

There are no previous outstanding violations of any regulatory agency concerned with hazardous, industrial or special waste.

5)

There is no evidence of past contamination in the public drinking waterwell(s) associated with a facility located in the Primary or Secondary Wellfield Protection Zones or identified Zone(s) of Contribution.

g)

Commercial or industrial septic tank disposal systems are prohibited in the Wellfield Protection Zones.

h)

Existing underground storage facilities within the Wellfield Protection Zones shall meet the construction retrofit requirements of Chapter 17-61, Florida Administrative Code, or as amended.

i)

New underground facilities for transportation of chemical products within the Wellfield Protection Zones shall be constructed to ensure no leakage into the soil, surface waters or groundwater.

j)

A groundwater monitoring program shall be established as recommended by the appropriate agencies.

k)

The requirements of this section shall apply to all future wellfield locations as designated and approved by the Town Commission. Existing franchises are exempt from this chapter; but this does not exempt them from complying with any other federal or state regulations.

Determinations may be appealed to the Town Commission by the applicant in writing within thirty (30) days of said determination.

a)

Enforcement, penalties, and remedy of matters related to this chapter shall be regulated pursuant to procedures established in the code enforcement board section of the general provisions chapter.

b)

Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act in violation of this chapter, whether individually or in connection with one (1) or more persons, or as a principal, agent or accessory, shall be subject to prosecution before the code enforcement board for such offense and every person who falsely, fraudulently, forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this chapter is likewise subject to prosecution for such offense.

c)

Each day that a violation of this chapter is continued or permitted to exist without compliance shall constitute a separate offense.

d)

No development orders, site plan approvals, building permits, occupational licenses, zoning compliances, or certificates of occupancy shall be issued to any violator of this chapter for a subject property in violation until such violation of this chapter has been properly abated to the satisfaction of the Town and other appropriate agencies.

e)

Notwithstanding any other penalty provisions set forth herein, the Town of Lady Lake may file an action for injunctive relief in the Circuit Court in Lake County in order to prevent any violation of this chapter.

The Town shall continue to implement a hazardous substance inspection program. Said inspection program shall ensure compliance with 40 CFR Parts 226.00—265.00, or as amended. This regulatory program will be in addition to the requirements of this chapter.

a)

Groundwater in Florida is relatively close to the surface and vulnerable to contamination by septic systems.

b)

Improperly installed and maintained systems can contribute to pollution and degradation of groundwater.

c)

Undue concentrations of septic systems in an area can contribute a pollutant load to the local ground and surface waters beyond the natural capacity for treatment.

d)

The recharge of Florida's aquifer by septic systems is potentially beneficial, provided that effluent is properly treated before reaching groundwater.

a)

Septic systems shall be installed consistent with the requirements of Chapter 10D-6, FAC, or as amended. Density limitations will be related to the Comprehensive Plan and not 10D-6, FAC minimum standards.

b)

Septic systems shall be installed consistent with the Comprehensive Plan. Septic system density shall be limited within the Wellfield Protection Zones to those identified by the Comprehensive Plan.

c)

Septic systems may not be within two hundred (200) feet of a public water supply well, unless otherwise approved by FDER or HRS.

d)

All septic systems shall be properly maintained.

The construction, repair or abandonment of any waterwell shall be performed in a manner that prevents saline degradation of perforated geologic strata and protects groundwater.

a)

The construction, repair, use, or abandonment of any waterwell must be performed in accordance with the appropriate regulations of federal, state, and regional agencies including but not limited to F.S. ch. 373, Pt. III, and Chapters. 17-20, 17-21, 17-22, 17-28 and 17-61, 17-531, 17-532, 17-550, 17-555, and 17-560, FAC, or as amended.

b)

The construction, repair, use or abandonment of any waterwell shall be consistent with the comprehensive plan.

c)

It shall be unlawful for any person to strike, sink, or drill any well within the limits of the Town without first securing all permits required by F.S. ch. 373, Pt. III, or as amended, FAC regulations and the Town.

a)

It shall be unlawful for any person other than an existing franchise, to connect to, or use the water from, any well in the plumbing of any new house or building except where service is not available from the Town or other existing, permitted water supply source, and except that said water may be used for air conditioning or cooling systems, or watering of lawns and commercial business where the same is not connected into pipes of the Town water supply.

b)

It shall be unlawful for any person to make any connection into any water lines connected with the supply system of the Town, either upon public or private property, or for the owner, agent, tenant, manager or any person having interest in the property within the Town to permit to be constructed in or upon such property any such connections between water lines of the waterworks system of the Town and any well.

c)

Discontinuance to conserve water: The Town reserves the right at all times and is hereby given authority to cap and completely stop the flow of water from any well in the Town, whether dug or drilled under the terms of this article or otherwise, whenever, in the opinion of the Town, the same is necessary in order to preserve and conserve the water supply of the Town.

d)

Proximity to septic tanks, drainfields and sewers: No well shall be drilled or dug within fifty (50) feet of any active septic tank or active drainfield, or within ten (10) feet of a sewer line.

The Town, through its officers, agents and employees, shall have at all times the right of access to any property upon which a well is located for the purposes of inspection or otherwise regulating the operation of said well under the terms of this chapter.

a)

No person shall attach any heating/air conditioning unit to an existing well, or drill any well for use with a heating/air conditioning unit, unless a second well of equal size and depth is drilled to return to the same aquifer the water withdrawn.

b)

All water taken from any such well and used with the heating/air conditioning unit must be returned to such second well, unless written permission is given by the Town for the use of such water or any part thereof for irrigation purposes.

c)

This section shall not apply to wells attached to heating/air conditioning units in existence in the Town on April 20, 1982, but shall apply to any replacement of the well or heating/air conditioning unit unless the discharge water from the existing heating/air conditioning unit is being used for irrigation purposes.