Item 7B v
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA ITEM #7B
DECEMBER 11, 2006
STAFF REPORT
AGENDA ITEM: First Reading of Ordinance 90-07-198 to adopt amendments to Chapter 24 to add new
Article V, Environmental and Natural Resource Regulations, Division I, Wellhead Protection.
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: November 30, 2006
~" BACKGROUND: The City's 2015 Comprehensive Plan states that our Land Development
Regulations shall be amended "to include provisions for wellhead protection and to address limits on
activities that have the potential for contaminating soil as well as ground and surface waters. "
The City's eight wells are deep wells (700 to 1000 feet) into the Floridan Aquifer.
Research conducted by the St. Johns River Water Management District and the City of Jacksonville's
Environmental Resources Management Department has indicated that faulty deep private wells (wells
that are drilled into the Hawthorne Group or Floridan Aquifer) may be a risk for contaminating public
potable wells. State law also references a list of industries and contaminants with potential to threaten
the public water supply.
Per state law, as part of the ordinance the City will establish a 500-foot radius Wellhead Protection
Area around each public well as shown on the attached map. No new private wells may be drilled and
no existing wells may be deepened into the Hawthorne Group or Floridan Aquifer without obtaining
permits from the City of Jacksonville and the City of Atlantic Beach, and ensuring there is no known
contamination in the area.
Deep private wells in the Wellhead Protection Area will need to be properly constructed and
maintained. The City of Atlantic Beach will have authority to inspect these wells and require the
~"' owner to make any necessary repairs or to properly abandon the well if repair is not feasible. We may
also require the owner to submit documentation of well maintenance.
At present, no existing private wells are affected by this proposed ordinance.
Both Neptune Beach and Jacksonville Beach utility personnel have been assisting in development of
this ordinance, and have plans to request similar ordinances for their cities in the future.
BUDGET: No current impact.
RECOMMENDATION: Approve upon First Reading Ordinance Number 90-07-198, to adopt
amendments to Chapter 24 to add new Article V, Environmental and Natural Resource Regulations, Division I,
Wellhead Protection.
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AGENDA ITEM #7B
DECEMBER 11, 2006
ATTACHMENTS: 1. Ordinance No. 90-07-198
2. Map of Wellhead Protection Areas
~• 3. Copy of Florida Admin. Code 62-521, Wellhead Protection
REVIEWED BY CITY MANAGERS ..~
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ORDINANCE NUMBER --~- 90-07-198
AGENDA ITEM #7B
DECEMBER 11, 2006
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-
01-172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO,
THIS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD
NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE
REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING
FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
~'" WHEREAS, the City Commission for the City of Atlantic Beach fords and declares that
improperly constructed or maintained private wells in the Hawthorn Group and Floridan Aquifer
that are in proximity to Public Potable Water wells within the City of Atlantic Beach are
~" potentially harmful to the drinking water supply of the City of Atlantic Beach and its outside-
City service areas.
~„ WHEREAS, the City Commission hereby finds that adoption of this Ordinance and
implementation of these wellhead protection regulations shall be in the best interests of the
citizens of the City of Atlantic Beach by protecting the drinking water supply and shall also serve
~, to implement the goals, objectives and policies of the adopted 2015 Atlantic Beach
Comprehensive Plan.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations is
hereby amended to add new Article V, Environmental and Natural Resource Regulations,
~. Division 1, Wellhead Protection, and upon enactment shall read as follows.
ARTICLE V. ENVIRONMENTAL AND
NATURAL RESOURCE REGULATIONS
DIVISION 1. WELLHEAD PROTECTION
Sec. 24-261. Purpose and Intent.
(a) The intent of these regulations to protect and safeguard the health, safety and welfare of the
residents of the City of Atlantic Beach by establishing wellhead protection measures that
safeguard the Floridan Aquifer from intrusion of any contaminants that may jeopardize
present and future public water supply wells in the City of Atlantic Beach. It is also the
intent of the City of Atlantic Beach to augment policies adopted in the Comprehensive Plan
that address the protection of Public Potable Water wells.
90-07-I98
AGENDA ITEM #7B
DECEMBER 11, 2006
Section 24-262. Definitions.
~'" Faulty Well means any well completed into the Floridan Aquifer or Hawthorne Group which
does not meet the requirements as specified in this Section 24-266.
~* Hawthorne Group Well means any well that penetrates a portion of the Hawthorne Formation,
with a screened or open hole segment terminating within the Hawthorne Formation.
Potable Water means water which is intended for drinking, culinary or domestic purposes
subject to compliance with state and federal drinking water standards.
Private Well means a shallow aquifer, Hawthorne, or Floridan well that is not a Public Potable
~. Water well.
Public Potable Water Well means any water well completed into the Floridan Aquifer, which
supplies Potable water to a community water system or to anon-transient, non-community water
"~ system, as those terms are defined in Rule 62-521.200, Florida Administrative Code.
Public Water Supply Utility or "Utility" means the owner of a Public Potable Water Well or
Wellfield.
Risk of Contamination means the existence of a faulty Floridan or Hawthorne well located
~. within a Wellhead Protection Area, a source of contamination, and/or a gradient in the shallow
aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public Potable
Water well due to cross contamination between aquifers or source waters.
~.
Wellfield means more than one Public Potable Water well owned by a Public Water Supply
Utility in close proximity to each other.
Wellhead Protection Area means an area consisting of a five hundred foot (500') radial setback
~„ distance around a Public Potable Water Well or Wellfield where the most stringent measures are
provided to protect the ground water sources for a potable water well and includes the surface
and subsurface area surrounding the well.
Wellhead Protection Area Map means a map showing the location of the boundary of each of
the Wellhead Protection Areas.
Section 24-263. Establishing and Mapping Wellhead Protection Areas.
(a) There is hereby established a Wellhead Protection Area around each Public Potable
g. Water Well and/or Wellfield. Wellhead Protection Areas shall be mapped for the
edification of the public and to assist the City in safeguarding the ground water resource.
Any new Public Potable Water wells shall have the Wellhead Protection Areas added to
the map within 30 days of completion of construction.
~„ 9o-o~-iyg 2
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Section 24-264. Investigations and Monitoring.
AGENDA ITEM #7B
DECEMBER 11, 2006
(a) A map shall be developed and kept up-to-date, using the City's GIS system, to show the
location of any known private wells within the Wellhead Protection Area that are drilled
into the Hawthorne or Floridan Aquifer. The mapping shall include a review of available
federal, state and local environmental databases, including, but not limited to, databases
pertaining to Brownfields Redevelopment Programs, Florida Department of
Environmental Protection SIS Contaminated Sites List, lists of commercial hazardous
waste transporters' facilities, hazardous waste notifications, solid waste facilities, storage
tank and petroleum contamination/cleanup records, U.S. Environmental Protection
Agency Comprehensive Environmental Response, Compensation and Liability Act and
Resource Conservation and Recovery Act remedial action sites. Any sites deemed to be
potential contamination risks by the City may be investigated by City staff or their
consultants. In conducting the investigation, the City shall, at a minimum, consider the
condition of such sites; the status of the site within any applicable U.S. Environmental
Protection Agency and/or Florida Department of Environmental Protection regulatory
program; and, any existing or planned remediation activities and site management plans.
(Using the City's and St. Johns River Water Management District's (SJRWMD) water well
database, the City shall map private well locations within the Wellhead Protection Areas
~,.
and shall assess the depth, use, and condition of each identified private well from
available records. The City shall identify wells known or likely to penetrate the
~, Hawthorne Group and/or Floridan Aquifer within each Wellhead Protection Area.
Thereafter, the City shall have authority to conduct an investigation of each well into the
Hawthorne Group and Floridan Aquifer to determine the condition of the well and its
,,,, potential as a contaminant pathway into the Floridan Aquifer. The investigation may
include a request for records of the well construction, regulatory reports, maintenance
logs or other documents and data records available from the owner or from regulatory
~„ agencies.
(b)
~, (c) The City shall have the right to assess to the best of its ability whether any wells are
located within, or downgradient in the shallow aquifer gradient from a contaminated site
within a Wellhead Protection Area. The City shall determine the condition of the well to
prevent the migration of contaminants from non-Floridan aquifers to the Floridan Aquifer
based on the applicable regulatory standards of design and installation, and proper
maintenance practices including but not limited to the following:
(1) Proper grout seal outside of the casing;
(2) Presence of an approved and certified backflow prevention device if required;
~. (3) Proper sanitary seal on wellhead;
(4) Concrete pad around wellhead;
(5) Surface water drainage;
(6) Well casing integrity; and
(7) Properly maintained pumping and distribution systems.
~w 90-07-198
aw
AGENDA ITEM #7B
DECEMBER 11, 2006
(d) It shall be the responsibility of the City to determine that a Public Potable Water well is at
~,. Risk of Contamination. Once this determination has been made, the City may identify
the specific contaminants of concern, and report to the St. Johns River Water
Management District (SJRWMD) and Florida Department of Environmental Protection
,~ (FDP).
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Section 24-265. Prohibitions in Wellhead Protection Areas.
(a) Within a 500-foot radius around an existing Public Potable Water well, those actions and
uses established by the Florida Department of Environmental Protection in Rule 62-
521.400, Fla. Admin. Code, which is adopted by reference, shall be prohibited.
~, Additionally, no existing private wells shall be deepened and no new wells shall be
constructed within designated Wellhead Protection Areas that penetrate a portion of the
Hawthorne Group or the Floridan Aquifer without first obtaining a well construction
~, permit from the City of Jacksonville as provided in Environmental Protection Board Rule
8 and including a review of areas on known contamination at or near the proposed or
existing well location. A City of Atlantic Beach ~••~'well permit from the Building
,~, Department must also be received prior to construction. All new wells within such areas
must be fully grouted. Abandonment of existing wells shall be in accordance with
applicable SJRWMD requirements and a copy of the plugging and abandonment report
~„ shall be submitted to the City.
Section 24-266. Requirements Within Wellhead Protection Areas.
The following requirements apply to all Floridan Aquifer wells, including Private wells, within
the boundary of a Wellhead Protection Area.
"~ (a) All Floridan and Hawthorn wells may be inspected by the City or their consultants at any
time after the effective date of this ordinance. The City shall prioritize re-inspections for
wells that, in its opinion, pose the greatest threat to the Floridan Aquifer.
~.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a
~. backflow prevention device in compliance with local plumbing code and Department of
Environmental Protection rules.
,~, (d) Within one year after the effective date of this ordinance, all Private Floridan wells
within a Wellhead Protection Area shall be configured with a sanitary seal on the
wellhead and a concrete pad around the outside of the well casing to prevent leakage of
~„ surface water into the well. Each well shall be finished with a concrete pad a minimum
of 5' x 5' and at least 3" thick. The pad shall be finished above ground surface to allow
surface water to drain away from the wellhead. The surrounding ground surface should
~„ be sloped away from the wellhead, if possible, to further prevent surface water from
collecting at the wellhead.
`~ 90-U7-19$
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AGENDA ITEM #7B
DECEMBER 11, 2006
(e) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 40C-3, Florida Administrative Code.
(f) The City shall notify the owner of any well that is not found to be in compliance with the
requirements of this section of the violation. Any Private well not properly constructed
or maintained to reasonably prevent contamination from any other aquifer to the Floridan
Aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or
replacement shall be the responsibility of the well owner and/or the owner of the property
on which the well is located. All Private Faulty wells found to be out of compliance shall
have ninety (90) days to either perform those repairs necessary to bring the Private well
into compliance with this section or to properly abandon the well pursuant to the
appropriate standards and procedures. Copies of inspection reports from the St. Johns
River Water Management District confirming that the well has been properly abandoned,
repaired or replaced shall be submitted to the City. If the work is not inspected by the St.
Johns River Water Management District, the City or their consultant shall inspect the
well to confirm that it has been properly abandoned, repaired or replaced at the cost of
the owner, and the abandonment, repair or replacement shall be entered into a database of
well-related information maintained by the City. Failure to properly repair or abandon a
Private Faulty well, pursuant to the requirements of this Section, shall be referred to the
Code Enforcement Board.
Section 24-267. Notice of Release or Spill of Contaminants in Wellhead Protection Areas.
~.
(a) The City shall send written requests to local hazardous release/spill responders to
immediately notify the Public Utilities Department of any and all spills or releases in the
water service area. City staff shall determine if an incident has occurred within a
Wellhead Protection Area. City staff shall notify the State Warning Point, Department of
Environmental Protection, or other regulatory agencies as required by law, depending on
„~ the nature and amount of the spill.
Section 24-268. Authority and Responsibilities of the City.
'""' The City shall have the following powers and duties:
(a) Administer and enforce the provisions of these Wellhead Protection regulations.
(b) Render all possible assistance and technical advice to private well owners, except that the
City shall not design or construct private facilities.
(c) Perform such other administrative duties as may be necessary.
(d) The City shall have the right to inspect privately owned facilities.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
~'"' Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
'~ 90-07-198
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AGENDA ITEM #7B
DECEMBER 11, 2006
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Passed upon first reading and by the City Commission of the City of Atlantic Beach this
~„ day of , 2006. Passed upon final reading and public hearing this day of
?89C2007.
Approved as to form and correctness:
~. ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
DONNA BUSSEY
~'" City Clerk
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ee~ 90-07-198
6
DONALD M. WOLFSON
Mayor/Presiding Officer
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AGENDA ITEM #7B
DECEMBER ] 1, 2006
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CHAPTER 62-521 WELLHEAD PROTECTION
62-521.100 Scope and Intent of Wellhead Protection.
62-521.200 Definitions for Wellhead Protection.
62-521.400 Ground Water Protection Measures in Wellhead Protection Areas.
AGENDA ITEM #7B
DECEMBER l 1, 2006
62-521.100 Scope and Intent of Wellhead Protection.
(1) Florida's ground water resource is the primary source of drinking water in the State, supplying over 90% of all public water
supply.
~" (2) The intent of wellhead protection is to protect potable water wells, as defined in Rule 62-521.200, F.A.C., from
contamination, and to prevent the need for their replacement or restoration due to contamination.
(3) The scope of this chapter is to provide more protection to potable water wells by establishing a statewide wellhead
protection program which includes:
~ (a) Criteria for delineating wellhead protection areas, and
(b) Department imposed permitting and monitoring requirements within these areas.
(4) This chapter is not intended to discourage local governments from establishing more comprehensive or more stringent
~, protection measures.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.062 FS. History-New 7-13-95.
62-521.200 Definitions for Wellhead Protection.
""" For the purpose of this chapter the following definitions shall apply. For other terms used in this chapter, the definitions contained
in Chapters 62-520 and 62-522, F.A.C., shall prevail over definitions established elsewhere by Department rule.
(1) "Community Water System" means a public water system which serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
(2) "Existing Installation" means any installation including its zone of discharge established under Chapter 62-522, F.A.C., or
other Department rule, regulated under this chapter which, on or before 90 days after the effective date of this chapter, or before the
commencement of construction of a potable water well whose wellhead protection area would include that installation: either has a
~, Department construction or operation permit or authorization; has submitted a complete construction permit application; has filed a
notice of intent to file an application under Rule 62-17.041, F.A.C., or an application under Rule 62-17.051, F.A.C., or has filed an
application or request for a meeting with the Department under Rule 62-17.540, F.A.C.; or is exempt from Department permitting
or ground water monitoring requirements. Except as provided in Rule 62-521.400, F.A.C., this chapter does not apply to existing
,~„ installations.
(3) "Installation" means any structure, equipment, facility, or appurtenances thereto, operation, or activity which may be a
source of pollution.
(4) "New Installation" means any installation other than an existing installation as defined in (2) above.
(5) "Non-Transient Non-Community Water System" means a public water system that is not a community water system and
that regularly serves at least 25 of the same persons over 6 months per year.
(6) "Potable Water Well" means any water well which supplies water for human consumption to a community water system or
to anon-transient non-community water system. For the purpose of this nzle, any potable water well installed by an installation
'~" used to serve that installation's operation is excluded from this definition.
(7) "Wellhead Protection Area" means an area designated by the Department consisting of a 500 foot radial setback distance
around a potable water well where ground water is provided the most stringent protection measures to protect the ground water
source for a potable water well and includes the surface and subsurface area surrounding the well.
~.
Specifc Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History-New 7-13-95.
62-521.400 Ground Water Protection 1dleasures in Wellhead Protection Areas.
r (1) The Department shall require new installations to meet the following restrictions within a wellhead protection area.
(a) New domestic wastewater treatment facilities shall be provided with Class I reliability as described in Chapter 62-600,
F.A.C., and flow equalization. New wastewater ponds, basins, and similar facilities shall be lined or sealed to prevent measurable
seepage. Unlined reclaimed water storage systems are allowed for reuse projects permitted under Part III of Chapter 62-610, F.A.C.
'"' (b) New reuse and land application projects shall be prohibited except for new projects permitted under Part III of Chapter
62-610, F.A.C.
(c) New domestic wastewater residuals land application sites, as defined in Chapter 62-640, F.A.C., shall be prohibited.
(d) New discharges to ground water of industrial wastewater, as regulated under Chapters 62-660, 62-670, 62-671, and 62-673,
+~ F.A.C., shall be prohibited except as provided below:
1. All non-contact cooling water discharges (without additives); and
2. Discharges specifically allowed within a wellhead protection area in Chapters 62-660, 62-670, 62-671, and 62-673, F.A.C.
(e) New phosphogypsum stack systems, as regulated under Chapter 62-673, F.A.C., are prohibited.
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AGENDA ITEM #7B
DECEMBER 11, 2006
(~ New Class I and Class III underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited.
(g) 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.
(h) New solid waste disposal facilities regulated under Chapter 62-701, F.A.C., are prohibited.
(i) New generators of hazardous waste, as regulated under Chapter 62-730, F.A.C., which excludes household hazardous waste
as defined in 40 C.F.R. Part 261.4(b)(1) (1994), hereby incorporated and adopted by reference, shall comply with the secondary
~"' containment requirements of 40 C.F.R. Part 264 Subpart I (1994), hereby incorporated and adopted by reference.
(j) New hazardous waste treatment, storage, disposal, and transfer facilities requiring permits under Chapter 62-730, F.A.C.,
are prohibited.
(k) New aboveground and underground tankage of hazardous wastes regulated under Chapter 62-730, F.A.C., is prohibited.
(1) Underground storage tanks regulated under Chapter 62-761, F.A.C., shall not be installed 90 days after the effective date of
this rule. Replacement of an existing underground storage tank system regulated under Chapter 62-761, F.A.C., within the same
excavation, or addition of new underground storage tanks regulated under Chapter 62-761, F.A.C., at a facility with other such
~„ underground storage tanks is exempt from this provision, provided that the replacement or new underground storage tank system is
installed with secondary containment as required in Chapter 62-761, F.A.C.
(m) Aboveground storage tanks regulated under Chapter 62-762, F.A.C., shall not be installed 90 days after the effective date
of this rule. Replacement or upgrading of an existing aboveground storage tank or addition of new aboveground storage tanks
~. which are regulated under Chapter 62-762, F.A.C., at a facility with other such aboveground storage tanks is exempt from this
provision, provided that the replacement or new aboveground storage tank system meets the applicable provisions of Chapter
62-762, F.A.C.
(n) Storage tanks which meet the auxiliary power provisions of Rule 62-555.320(6), F.A.C., for operation of a potable water
~* well and storage tanks for substances used for the treatment of potable water are exempt from the provisions of this rule. Storage
tanks regulated under Chapters 62-761 and 62-762, F.A.C., shall continue to meet the requirements of those chapters.
(o) Applicants should take note that to prevent the vertical migration of fluids, a water management district may require a
construction permit for new water wells, which shall meet the applicable construction standards contained in Chapter 62-532,
~"" F.A.C.
(2) Emergency equipment, including storage tanks, that is necessary to provide power to ensure a continuous supply on an
emergency basis of public water supply, electrical power, sewer service, telephone service, or other essential services that are of a
public benefit are exempt from the provisions of this chapter. This does not exempt these services from meeting other applicable
Department rules.
(3) Discharge to ground water from Department approved remedial corrective actions for contaminated sites located within
wellhead protection areas shall not be subject to the discharge restrictions in this chapter.
(4) Nothing herein supersedes more stringent setback or permitting requirements contained in other Department rules.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 903.088 FS. History-New 7-13-95.
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