§ 28-266. Prohibitions within wellhead and special protection areas.

(a)

Wellhead protection area one. The activities listed below are prohibited in WHPA One:

(1)

Solid waste disposal.

(2)

Discharges from commercial and industrial wastewater treatment plants and industrial septic systems and commercial and industrial wastewater effluent disposal, other than mine settling ponds.

(3)

New discharges from domestic wastewater treatment plants. Expansion of existing domestic wastewater treatment plants will be prohibited unless advanced secondary treatment standards are met. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of advanced secondary treatment.

(4)

Dairy farms as defined in chapter 5D of the Florida Administrative Code.

(5)

Concentrated animal feeding operations.

(6)

Land application of wastewater residuals (sludge) or septage which requires a permit from the Florida Department of Environmental Protection and/or the Florida Department of Health and Rehabilitative Services.

(7)

New discharges of any regulated substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of chapter 17-25, Florida Administrative Code permit requirements shall be brought into compliance within one year of the effective date of this article. Stormwater facilities which treat stormwater to chapter 17-25, Florida Administrative Code standards shall be presumed to be allowable under this section.

(8)

New underground storage tanks not associated with an existing nonconforming use.

(9)

Mining and borrow pits.

(10)

New residential subdivisions, with a density of greater than one unit per acre, that do not provide for a central sanitary sewer facility and wastewater treatment plant outside WHPA One.

(11)

Hazardous waste treatment, storage or disposal facilities, as defined in section 403.703(22), Florida Statutes, or 40 Code of Federal Regulations 260.10 or chapter 17-730 Florida Administrative Code, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such hazardous waste for fuel.

(12)

Hazardous waste generators, other than conditionally exempt small quantity generators or small quantity generators.

(13)

Facilities regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 USC sections 11001—11050.

(14)

Landscape improvements for golf courses, greens, fairways or tees. Land associated with golf courses maintained without the application of pesticides, fertilizers or other horticultural chemicals is not prohibited in WHPA One.

(15)

Salvage yards.

(16)

Landfarming of soil contaminated with regulated substances.

(17)

Stormwater retention ponds that will receive stormwater from land uses prohibited in WHPA One and that are constructed after the effective date of this article.

(18)

The siting of underground petroleum product lines, including, but not limited to, pipelines designed for the transportation of gasoline and oil.

(b)

Wellhead Protection Area Two (2). The following activities are prohibited in WHPA Two (2):

(1)

Hazardous waste treatment, storage or disposal facilities as defined in section 403.703(22), Florida Statutes, or 40 Code of Federal Regulations 260.10 or chapter 17-730 Florida Administrative Code, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such hazardous waste for fuel.

(2)

Unlined solid waste disposal facilities.

(3)

New discharges of any regulated substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of chapter 17-25, Florida Administrative Code permit requirements shall be brought into compliance within one year of the effective date of this article. Stormwater facilities which treat stormwater to chapter 17-25, Florida Administrative Code standards shall be presumed to be allowable under this section.

(4)

Landfarming of soil contaminated with regulated substances.

(5)

The siting of underground petroleum product lines, including, but not limited to, pipelines designed for the transportation of gasoline and oil.

(c)

Special protection areas. The following activities are prohibited within the special protection area:

(1)

Solid waste disposal.

(2)

Discharges from commercial and industrial wastewater treatment plants and industrial septic systems and commercial and industrial wastewater effluent disposal, other than mine settling ponds.

(3)

New discharges from domestic wastewater treatment plants. Expansion of existing domestic wastewater treatment plants will be prohibited unless advanced secondary treatment standards are met. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of advanced secondary treatment.

(4)

Concentrated animal feeding operations.

(5)

Land application of wastewater residuals (sludge) or septage which requires a permit from the Florida Department of Environmental Protection and/or the Florida Department of Health and Rehabilitative Services.

(6)

New discharges of any regulated substance or untreated stormwater into karst solution features, sinkholes or drainage wells. Existing stormwater facilities discharging to sinkholes or drainage wells which are in violation of chapter 17-25, Florida Administrative Code permit requirements shall be brought into compliance within one year of the effective date of this article. Stormwater facilities which treat stormwater to F.A.C. ch. 17-25 standards shall be presumed to be allowable under this section.

(7)

New residential subdivisions, with a density of greater than one unit per acre, that do not provide for a central sanitary sewer facility and wastewater treatment plant outside an SPA.

(8)

Hazardous waste treatment, storage or disposal facilities as defined in F.S. § 403.703(22), or 40 CFR 260.10 or F.A.C. ch. 17-730, including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such hazardous waste for fuel.

(9)

Hazardous waste generators, other than conditionally exempt small quantity generators or small quantity generators.

(10)

Facilities regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 USC 11001—11050.

(11)

Landscape improvements for golf courses, greens, fairways or tees. Land associated with golf courses maintained without the application of pesticides, fertilizers or other horticultural chemicals is not prohibited in special protection areas.

(12)

Salvage yards.

(13)

Landfarming of soil contaminated with regulated substances.

(14)

Stormwater retention ponds that will receive stormwater from land uses prohibited in an SPA and have a direct connection to discharge into the SPA that are constructed after the effective date of this article. Provided however, that stormwater retention ponds that are permitted to discharge into a SPA shall utilize the use of low impact stormwater design (LID) consisting of, but not limited to, vegetated swales and buffers for secondary treatment of the discharged stormwater or some other measure that provides equivalent protection.

(15)

The siting of underground petroleum product lines, including, but not limited to, pipelines designed for the transportation of gasoline and oil.

(16)

Automobile repair, maintenance and commercial car washes. Uses include major and minor automobile repair, automobile tire repair, automobile painting, automobile body shops, oil change stations, and commercial car washes.

(17)

New underground storage tanks.

(18)

Marine paint shops and marine repair shops.

(19)

Laundry and dry cleaning plants; any establishment performing dry cleaning on-site.

(20)

Electroplating.

(21)

Laundromats that are not connected to central sanitary sewer.

(d)

Existing nonconforming prohibited uses. Any use which is lawfully existing on the effective date of this article or any use or activity which is lawfully existing prior to such use or activity being added to the list of prohibited uses and activities through amendment to this section which does not conform with all the provisions of this article may remain in use or come into use subject to the following:

(1)

No prohibited uses in WHPA One or WHPA Two will be expanded if it increases the nonconformity of the activity.

(2)

All permitted land application sites for wastewater residuals (sludge) or septage in SPAs and WHPAs may be used until the expiration of the current permit. Permit for wastewater residual and/or septage land application sites shall not be renewed.

(3)

Approval to expand or to extend a use may be permitted in a SPA provided such expansion or extension will not be detrimental to the SPA feature. Expanded or extended uses shall be confined within the boundaries of that parcel of land upon which such usage occupied at the time the use became nonconforming, and shall not be changed to or expanded to include another nonconforming use. Requests to expand a nonconforming use that are not approved may be appealed in accordance with section 28-272, appeals.

(Ord. No. 94-8, § 6, 6-27-94; Ord. No. 2010-18, § 1, 9-28-10)