§ 3.05.03. Prohibited Activities In The Wellhead Resource Protection Areas and Surface Water Resource Protection Areas

A.

Prohibited Activities In WRPA Zone 1

Property that is located in both a WRPA Zone 1 and a SWRPA is subject to both 3.05.03.A and 3.05.03.B.

Property that is located in both a WRPA Zone 1 and a PWWPA is subject to both 3.05.03.A and 3.05.05.

1.

New sanitary landfills, including new phosphogypsum piles, and any other disposal of a solid waste as permitted under Chapter 62-701.020, F.A.C.

2.

New industrial land use designations.

3.

New Interim wastewater treatment plants, unless Advanced Wastewater Treatment (AWT) standards and other regulatory requirements for Community Wastewater Treatment Plants are met.

4.

New concentrated animal feeding operations as defined in Chapter 62-670.200, F.A.C.

5.

New dairy farm storage and treatment facilities, high intensity areas and land application areas as defined in Chapter 62-670.200, F.A.C.

6.

Discharge of stormwater into depressions with direct or demonstrated hydrologic connection to the Floridan Aquifer.

7.

Any new land applications of sludge and septage.

8.

New underground storage facilities shall be prohibited within a distance of 1,000 feet from a public potable water supply well.

B.

Prohibited Activities In WRPA Zone 2 and/or SWRPA

Property that is located in both a WRPA Zone 2 or a SWRPA and a PWWPA is subject to both 3.05.03 B and 3.05.05.

1.

The use, handling, production, disposal, and storage of Regulated Substances associated with nonresidential activities is prohibited in the WRPAs and SWRPAs, except as provided under this Part.

2.

No 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 Chapter 62-520, F.A.C.

3.

Discharges through natural or manmade conduits, such as wells and sinkholes, that allow direct contact with class G-1 and class G-2 groundwater are prohibited, except for projects designed to recharge aquifers with surface water of comparable quality, or projects designed to transfer water across or between aquifers of comparable quality for the purpose of storage or conservation, or residential stormwater discharging through wet retention/detention ponds.

4.

Industrial stormwater discharges to retention/detention ponds are prohibited.

5.

Discharge of stormwater into depressions with direct or demonstrated hydrologic connection to the Floridan aquifer system is prohibited.

6.

There will be no new land use activities which are classified under the definition of Heavy Industrial.

7.

Heavy Manufacturing is prohibited.

8.

Construction and operation of new solid waste disposal facility as defined by Chapter 62-701.200 F.A.C. shall be prohibited. Operation of all existing sanitary landfills including new phosphogypsum piles, and any other disposal of a solid waste as permitted under Chapter 62-701, F.A.C. will be terminated within one year and a permanent leachate monitoring system installed to monitor movement of leachate.

9.

Junkyards are prohibited.

10.

Industrial septic tank disposal systems are prohibited.

11.

New underground storage tank systems and aboveground storage tank systems, are prohibited within a WRPA Zone 2 or a SWRPA.

12.

Any new land applications of domestic wastewater residuals, sludge, septage and domestic septage are prohibited.

13.

New Interim wastewater treatment plants are prohibited, unless Advanced Wastewater Treatment (AWT) standards and other regulatory requirements for Community Wastewater Treatment Plants are met.

14.

Industrial Wastewater Treatment Plants are prohibited.

15.

New concentrated animal feeding operations as defined in Chapter 62-670.200, F.A.C. are prohibited.

16.

New dairy farm aboveground or underground storage facilities and wastewater treatment plant, high intensity areas and land application areas as defined in Chapter 62-670.200, F.A.C. are prohibited.

17.

New mining operations permitted under Chapters 62-671, -672, and -673, F.A.C. are prohibited.

18.

Land application of industrial waste water and industrial reuse water is prohibited.

19.

Human cemeteries are prohibited.

20.

Land Excavations are prohibited. Notwithstanding, land excavations for the purpose of agriculture irrigation that receive authorization, including permits and exemptions, through the Southwest Florida Water Management District (SWFWMD) or Florida Department of Environmental Protection (FDEP) under Environmental Resource Permit or Water Use Permit rules, may be allowed subject to the requirements of Sections 6.11.54 or 6.11.117 of this Code.

21.

Reclaimed Aquifer Storage and Recovery (ASR) wells are prohibited.

22.

New Class I and Class III underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited.

23.

New Class V underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited except as provided below:

1.

Thermal exchange process wells (closed-loop without additives) for use at single family residences; and

2.

Aquifer storage and recovery systems wells, where the injected fluid meets the applicable drinking water quality standards in Chapter 62-550, F.A.C.

24.

New hazardous waste treatment, storage, disposal, and transfer facilities requiring permits under Chapter 62-730, F.A.C., are prohibited.

25.

New aboveground and underground tankage of hazardous wastes regulated under Chapter 62-730, F.A.C., is prohibited.

C.

Existing Prohibited Activities

All prohibited activities identified in 3.05.03 A and B existing on the effective date of this regulation within a WRPA or SWRPA shall obtain an Operating and/or Closure Permit under Section 3.05.08.

D.

Expansion or Modification of an Existing Prohibited Activity

Any expansion or modification of, or any other improvement made to an existing prohibited activity or facility identified in Section 3.05.03 A and B above which will extend the useful life of the activity or facility, or increase the intensity or productivity of the activity or facility beyond that existing on the effective date of this regulation, shall require a Prohibited Use Operating Permit under Section 3.05.07. The Board of County Commissioners must make a finding of an overriding public interest being served by the expansion of the prohibited activity in order for the Prohibited Use Operating Permit to be approved.

E.

Permitting for New Prohibited Activities

1.

In situations where a new Prohibited Activity will serve an overriding public interest or a compelling public purpose by being located within a WRPA or SWRPA, a Prohibited Use Operating Permit under Section 3.05.07 may be sought. The Board of County Commissioners must make a finding of an overriding public interest being served by the prohibited use in order for the Prohibited Use Operating Permit to be approved. An applicant must meet the provisions of Section 3.05.07 Prohibited Use Operating Permits of this Part.

2.

A Closure Permit is required under Section 3.05.03 for Prohibited Activities.

(Ord. No. 04-27, § 2, 6-10-04; Ord. No. 11-19, § 2(Item V-B)(11-0604), 11-3-11, eff. 2-1-12)