Ordinance No. 90-07-198ORDINANCE NUMBER 90-07-198
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 finds 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.
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.
Ordinance 90-07-198
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
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.
Section 24-264. Investigations and Monitoring.
(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
Ordinance 90-07-198 2
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.
(b) 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.
(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.
(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).
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
Ordinance 90-07-198 3
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.
(e) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 4OC-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
Ordinance 90-07-198 ~}
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 12$.68, Florida Statutes.
Passed upon first reading and by the City Commission of the City of Atlantic Beach this 11th day
of December, 2006. Passed upon final reading and public hearing this 8th day of January, 2007.
Approved as to form and correctness:
ALAN CN~EN, ESQUIItE
City Att e
ATTEST
DONNA BUSSEY
City Clerk
}
. ,-..,.~i • ~ ~r .
DONALD M. WOLFSON i
Mayor/Presiding Officer
Ordinance 90-07-198 $