§ 5.02.00. Potable Water Wellhead Protection Areas.
5.02.01. Purpose and Intent.
The purpose and intent of this Section is to safeguard the health, safety and welfare of the citizens of Hardee County by registering all land uses and activities that occur within Water Wellhead Protection Areas surrounding potable water supply wells, thereby providing protection of the principal source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the County; therefore, standards are described in this Section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this Section to control development in and adjacent to designated water wellheads to protect water supplies from potential contamination.
5.02.02. Establishment of Water Wellhead Protection Area.
Development regulations established in this Section shall be applicable to designated Water Wellhead Protection areas for all public supply water wells. Prior to designation of or in the absence of sufficient information for Water Wellhead Protection areas, the official Water Wellhead Protection Area shall consist of a radius of 400 feet around each of the County's public supply potable water wells, as provided for in Future Land Use Policy L4.2 of the Comprehensive Plan of Hardee County (see Figure 1). An official map of wells and their Water Wellhead Protection Areas shall be maintained by the Planning and Development Division.
Where a property lies partly outside the Water Wellhead Protection Area, development standards contained in this Section shall apply only to that part of the property lying within the Water Wellhead Protection Area. Where the Water Wellhead Protection Area boundary passes through a building, the entire building shall be considered to be in the Protection Area.
5.02.03. Water Wellhead Protection Area Land Use Restrictions.
(A)
Zone of Exclusion. The first 200-foot radius from a well shall be a Zone of Exclusion, where all development activities are prohibited (see Figure 1). In accordance with Policy L4.2 of the Future Land Use Element of the Comprehensive Plan of Hardee County, the footprint of a low-density residential structure may encroach upon the Zone of Exclusion, but no septic tank nor drain-field shall be permitted.
(B)
Zone of Protection. This Zone is the area from 200 feet to 400 feet from a water wellhead (see Figure 1).
(01)
All activities located 200 feet to 400 feet from a water wellhead are permitted in accordance with the zoning district and the table of land uses, except in the handling, production or storage of hazardous substances, which shall be prohibited within the Water Wellhead Protection Area.
(02)
The County shall maintain a list of all land uses and activities within the Water Wellhead Protection Area Zone of Protection by requiring all activities to be registered with the County. The County shall register all activities from 200 to 400 feet of a well within one year of the adoption of this Code.
(C)
Prohibited Land Uses and Activities. The following land uses and activities are prohibited in the entire Water Wellhead Protection Area, including the Zone of Protection:
(01)
Landfills;
(02)
Facilities for bulk storage, handling or processing of materials on the Florida Substance List;
(03)
Activities that require the storage, use, handling, production or transportation of restricted substances, agricultural chemicals, petroleum products, hazardous toxic waste, medical waste, or similar substances; non-residential use, handling, production or storage of hazardous substances in any quantity and residential use of more than five gallons;
(04)
Feed lots or other commercial animal facilities;
(05)
Wastewater treatment plants, percolation ponds or similar facilities;
(06)
Mines; and
(07)
Excavation of waterways or drainage facilities that intersect the water table.
5.02.04. Registration of Land Uses and Activities in Water Wellhead Protection Areas.
All land uses and activities within the Water Wellhead Protection Area must be identified and registered with the County. The registration is to enable the County to eliminate all potential sources of contamination of the potable water supply.
(A)
Registration Within One Year. All land uses and activities from 200 to 400 feet of a water wellhead shall be registered with the County within one year from the adoption of this Section, without a fee. Thereafter, said person shall be subject to the fee schedule adopted in connection with this Code.
(B)
Exemptions. The following activities or uses are exempt from registration requirements in the Zone of Protection:
(01)
The transportation of any hazardous substance through the Zone of Protection;
(02)
Fuel in a vehicle fuel tank or as lubricant in a vehicle;
(03)
Repairing or maintaining any facility or improvement on lands within the Zone of Protection; and
(04)
Geotechnical borings.
(C)
Registration Procedure. Each landowner with a legal use or activity between 200 feet and 400 feet of a water wellhead shall notify the County as to the nature of the use or activity. The information shall be sent to the Planning and Development Division by letter. The information required is as follows:
(01)
Name, address, and phone number of the property owner, operator, and/or agent, and the Tax Parcel Number;
(02)
Signature of agent or owner;
(03)
Location description of the property, such as "located on Highway 17 between Pine and Redwood Streets;"
(04)
A description of the land use or activity at the location;
(05)
A list of all known hazardous substances that may be utilized, generated and/or stored at the described property;
(06)
If required by the Director of Planning and Development, a survey or scale drawing of the property, identifying existing structures, adjacent streets and waterbodies in relation to the water wellhead.
5.02.05. Modification of Requirements.
Any person affected by this Section may petition the Board of County Commissioners for modification from the prohibitions and registering requirements of this Section, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill.
The Board of County Commissioners shall determine whether the land use or activity shall be approved under the provisions of this Section. In making this decision, the Board of County Commissioners shall consider:
(A)
The cumulative impacts of the land use or activity on the Zone of Protection in combination with other uses or activities that have been permitted within said Zone; and
(B)
Whether the proposed use end product that is a threat to the water supply can be contained in the case of a spill.
5.02.06. Notification of Discontinuation of Land Use or Activity in a Water Wellhead Protection Zone.
It is the intent and purpose of the County to eliminate all land uses and activities within 200 feet of a water wellhead. All activities from 200 feet to 400 feet from a water wellhead are limited, with some activities prohibited. Those prohibited activities are listed in this Article, specifically in Section 5.02.03(D). An owner of a property that falls within the Water Wellhead Protection Zone is required to register his land use activity with the County as outlined in this Article, specifically in Section 5.02.04.
A record will be kept on file of all land uses and activities within the 400-foot Water Wellhead Protection Area of all wells. If a land use or activity ceases, the owner must notify the County by registered letter within 30 days of cessation of use.
5.02.07. Fee Resolution.
The Board of County Commissioners may, at their option, adopt a fee schedule by resolution to provide for funding for the administration of this Section.
5.02.08. Location of New Water Wells.
No new public supply water wells shall be located such that the Water Wellhead Protection Area extends past the owners' property boundaries.