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Miami - Dade County |
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Code of Ordinances |
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Article III. WATER AND SOIL QUALITY |
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Division 2. WELLFIELD PROTECTION, DOMESTIC WELL SYSTEMS AND POTABLE WATER STANDARDS |
§ 24-43. Protection of utility potable water supply wells.
(1)
Legislative intent. The intent and purpose of this section is to safeguard the public health, safety and welfare by providing scientifically established standards for land uses within the cones of influence thereby protecting public potable water supply wells from contamination.
(2)
Short title; applicability; construction. This section shall be known as the "Potable Water Supply Well Protection Ordinance." The provisions of this section shall be effective in the incorporated and unincorporated areas of Miami-Dade County and shall be liberally construed to effect the purposes set forth herein.
(3)
Maps of cones of influence and Wellfield Protection Areas. The Director or the Director's designee shall maintain maps of cones of influence of utility potable water supply wells and maps of wellfield protection areas; the cone of influence maps dated December 30, 1980, as may be amended from time to time, map(s) of the Northwest Wellfield protection area, map(s) of the West Wellfield Interim protection area, and the map(s) of the South Miami Heights Wellfield Complex wellfield protection area dated November, 2005, and all other previously approved maps of cones of influence and wellfield protection areas. These maps are incorporated herein by reference hereto. Any changes, additions or deletions to said maps shall be approved by the Board of County Commissioners by ordinance. The Director or the Director's designee, shall maintain the DERM Technical Report: "Development of a Groundwater Model to Determine Wellfield Protection Zones for the Miami-Dade County, Florida, South Miami Heights Wellfield Complex". The wellfield protection zones of the South Miami Heights Wellfield Complex have been established using the procedures and input parameters set forth in the aforesaid Technical Report dated November, 2005. The aforesaid Technical Report dated November, 2005, a copy of which is attached hereto, is hereby incorporated by reference, as same may be amended from time to time. Any changes, additions or deletions to the aforesaid Technical Report shall be approved by the Board of County Commissioners by ordinance.
(4)
Onsite Sewage Treatment and Disposal System, sanitary sewers, storm water disposal, liquid waste storage, disposal or treatment and exceptions to address violations of this chapter within wellfield protection areas. No County or municipal officer, agent, employee or board shall approve, grant or issue any building permit, certificate of use and occupancy, municipal occupational license, platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any land use which is within or partially within, a wellfield protection area of any utility potable water supply well until the County or municipal officer, agent, employee or Board has obtained the prior written approval of the Director or the Director's designee.
Furthermore, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any land use which is within or partially within, a wellfield protection area of any utility potable water supply well until the person has obtained the prior written approval of the Director or the Director's designee. The Director or the Director's designee shall issue written approval only if the Director or the Director's designee finds that all onsite sewage treatment and disposal systems, storm water disposal methods and liquid waste storage, disposal or treatment methods will be installed upon the property as far away as is reasonably possible from all potable water supply wells, and:
(a)
Onsite Sewage Treatment and Disposal Systems. For any land use served or to be served by an onsite sewage treatment and disposal system, the sewage loading will not exceed the number of gallons per day for each unsubmerged acre of land as set forth in Tables A-1, A-2, A-3 and A-4. For uses ancillary to rock mining as defined in Section 33-422 and as authorized by Chapter 24 of this Code within the Northwest Wellfield protection area or within that portion of the West Wellfield Interim protection area which is outside of the Urban Development Boundary of the Comprehensive Development Master Plan as may be amended from time to time, the sewage loading shall not exceed a maximum of seventy (70) gallons per day per unsubmerged acre. For residential uses within the Northwest Wellfield protection area or within that portion of the West Wellfield Interim protection area which is outside of the Urban Development Boundary of the Comprehensive Development Master Plan, the minimum acreage of land shall be five (5) acres and the minimum acreage of unsubmerged land shall be determined based on Tables A-1 and A-2. For land uses located within the wellfield protection area of any utility potable water supply wells and which are served by an onsite sewage treatment and disposal system (as authorized by Section 24-43(4)(a)) and a non-utility potable water supply, there shall be required a minimum separation of 100 feet between any non-utility potable water supply well and any onsite sewage treatment and disposal system.
Furthermore the Director or the Director's designee shall issue written approval,
(i)
for any land use served or to be served by an onsite sewage treatment and disposal system within the Northwest Wellfield protection area that does not comply with Section 4(a) above if the onsite sewage treatment and disposal system was installed prior to September 30, 1983, or
(ii)
for any land use within the West Wellfield Interim protection area that does not comply with Section 4(a) above if the onsite sewage treatment and disposal system was installed prior to August 6, 1989, or
(iii)
for residential land uses that do not comply with Section 4(a) above if the residential use is served or will be served by a utility water supply, has not been the subject of any zoning action (district boundary change, unusual use, use variance, or equivalent municipal zoning action) or any platting action (final plat, waiver of plat, or equivalent municipal platting action) after March 13, 1981, and is in compliance with Section 24-43.1, or
(iv)
if the owner of the property is applying for the original certificate of use and occupancy or original municipal occupational license pursuant to a valid building permit obtained prior to June 1, 1983, for property within the basic wellfield protection area of any utility potable water supply well, or, in the case of property within the Northwest Wellfield protection area obtained prior to September 30, 1983, or, in the case of property within the West Wellfield Interim protection area obtained prior to the August 6, 1989 or within the South Miami Heights Wellfield Complex obtained prior to September 22, 2006 or, in the case of property not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield and Southwest Wellfield, obtained prior to February 1, 1985, or, in the case of property not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield and Hialeah Wellfield, obtained prior to December 12, 1986, which permit has been valid and continuously in full force and effective since its issuance, or
(v)
if the owner of the property is applying for a certificate of use and occupancy or municipal occupational license for a land use served or to be served by an onsite sewage treatment and disposal system installed prior to March 13, 1981 for property within the basic wellfield protection area of any utility potable water supply well, or, in the case of property within the Northwest Wellfield protection area installed prior to September 30, 1983, or, in the case of property within the West Wellfield Interim protection area installed prior to August 6, 1989, or within the South Miami Heights Wellfield Complex obtained prior to September 22, 2006 or, in the case of property not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, and Southwest Wellfield, installed prior to February 1, 1985, or, in the case of property not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield and Hialeah Wellfield, installed prior to December 12, 1986, and which uses a utility water supply and which is in compliance with Section 24-43.1.
(b)
Sanitary sewers. For any land use served or to be served by sanitary sewer which require a building permit for new construction, enlargement, or alteration that increases gross square area, the sewage loading into sanitary sewers will not exceed the number of gallons per day for each unsubmerged acre of land as set forth in Table B-1, or that the property is residential, uses a public water supply, has not been the subject of any zoning action (district boundary change, unusual use, use variance, or equivalent municipal zoning action) or any platting action (final plat, waiver of plat, or equivalent municipal platting action) after March 13, 1981. All sanitary sewers, or portion thereof, installed within a wellfield protection area of any utility potable water supply well, after June 13, 1986, shall comply with the following standards:
(i)
Residential land use—New sewer installations: Gravity sanitary sewers shall be designed and constructed to not exfiltrate at a rate greater than fifty (50) gallons per inch pipe diameter per mile per day based on a two (2) hours test having a minimum of two (2) feet of positive head above the crown of the pipes. Any observed leaks or defective joints or pipes shall be repaired or replaced prior to the sewer being placed into service even when the total leakage is below that allowed. Sewer lateral lines located in the public right-of-way shall be a minimum of six (6) inches in diameter.
(ii)
Nonresidential land use—New sewer installations: Gravity sanitary sewers shall be designed and constructed to not exfiltrate at a rate greater than twenty (20) gallons per inch pipe diameter per mile per day based on a two (2) hours test having a minimum of two (2) feet of positive head above the crown of the pipes. Any observed leaks or defective joints or pipes shall be repaired or replaced prior to the sewer being placed into service even when the total leakage is below that allowed, Sewer lateral lines located in the public right-of-way shall be a minimum of six (6) inches in diameter.
(iii)
Sanitary sewer force mains—New force main installations: All sanitary sewer force mains shall be constructed of either ductile iron, Cast Iron Pipe, C900 PVC, HDPE, reinforced concrete pressure sewer pipe or other acceptable concrete pipes. No such ductile iron sanitary sewer force main shall exfiltrate at a rate greater than the allowable leakage rate specified in American Water Works Association Standard C600-82 at a test pressure of one hundred (100) pounds per square inch. The duration of all tests shall be a minimum of two (2) hours. Any observed leaks or defective joints or pipes shall be repaired or replaced prior to the sewer being placed into service even when the total leakage is below that allowed. No such reinforced concrete pressure sanitary sewer force main shall exfiltrate at a rate greater than one-half (½) the allowable leakage rate specified for ductile iron pipe in American Water Works Association Standard C600-82 at a test pressure of one hundred (100) pounds per square inch. The duration of all tests shall be a minimum of two (2) hours. Any observed leaks or defective joints or pipes shall be repaired or replaced prior to the sewer being placed into service even when the total leakage is below that allowed.
(iv)
An engineer licensed by the State of Florida shall provide written certification of the exfiltration rate for all manhole/gravity sewer pipe systems installed, in equivalent gallons per inch pipe diameter per mile of pipe per day (twenty-four (24) hours), and the exfiltration rate for all sanitary sewer force mains in gallons per hour per one thousand (1,000) feet of sanitary sewer force main installed. The written certification shall include test and inspection results and repair logs and shall be submitted to the Department for review and approval within thirty (30) days after completion of the particular test, inspections and repairs.
(v)
Existing gravity sanitary sewers with pipe diameters of eight (8) inches or more shall be evaluated by closed circuit television or other method as approved by the Director every five (5) years by the responsible utility or non-utility to determine structural and pipe joint integrity. Existing manholes shall be visually inspected for both structural and incoming pipe connection integrity every five (5) years.
A report documenting the certified test and inspection results and repair logs shall be submitted to the Department for review and approval within thirty (30) days after completion of the particular test, inspections, and repairs, but no later than twelve (12) months from the end date of the five (5) year cycle.
(c)
Storm water disposal methods. For any land use required to install or modify a storm water disposal method the storm water disposal methods utilized or to be utilized will be limited as set forth in Table C-1.
Furthermore, land uses adjacent to the Snapper Creek extension canal and secondary canals directly connected to the Snapper Creek extension canal shall provide an earth berm, or alternative structure as approved by the Director or the Director's designee, which shall be constructed upon the perimeter of all canals to prevent overland storm water runoff from entering the canal. The berm shall be constructed adjacent to the canal top of slope on the landward side. Said berm shall extend one (1) foot above the canal bank elevation. The landward slope of the berm shall have a gradient not steeper than one (1) foot vertical to four (4) feet horizontal. The canalward slope shall not be steeper than the canal slope. The construction of berming and backsloping shall be subject to the approval of the Director or the Director's designee.
(d)
Liquid waste storage, disposal or treatment methods other than onsite sewage treatment and disposal systems sanitary sewer pump stations; and utility sanitary sewers. Liquid waste storage, disposal or treatment methods (other than onsite sewage treatment and disposal systems sanitary sewer pump stations; and utility sanitary sewers); shall be prohibited:
(i)
within the Northwest Wellfield protection area, unless said liquid waste storage, disposal or treatment method was installed prior to September 30, 1983, or,
(ii)
within the West Wellfield Interim protection area, unless said liquid waste storage, disposal or treatment method was installed prior to August 6, 1989, or,
(iii)
within the South Miami Heights Wellfield Complex, unless said liquid waste storage, disposal or treatment method was installed prior to September 22, 2006, or,
(iv)
within the average day pumpage but not within the basic wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield and Southwest Wellfield, unless said liquid waste storage, disposal or treatment method was installed prior to February 1, 1985, or
(v)
within the average day pumpage but not within the basic wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, and Hialeah Wellfield, unless said liquid waste, storage, disposal or treatment method was installed prior to December 12, 1986, or,
(vi)
within the basic wellfield protection area of any utility potable water supply well, unless said liquid waste storage, disposal or treatment method was installed prior to June 13, 1986.
(e)
Exceptions to address violations of this chapter. That the onsite sewage treatment and disposal systems, sanitary sewer, storm water disposal method or liquid waste storage, disposal or treatment method will serve an existing land use located within, or partially within a wellfield protection area of any utility potable water supply well, which is required by the Director or the Director's designee to correct violation(s) of this chapter. The Director or the Director's designee shall not issue written approval unless the Director or the Director's designee determines that the land use will comply with all the provisions of this chapter and that the water pollution prevention and abatement measures and practices set forth in Sections 24-43(5)(c)(i), (ii), (iii), (iv), and (v) shall be provided.
(5)
Prohibition of hazardous materials within wellfield protection areas. No County or municipal officer, agent, employee or Board shall approve, grant or issue any building permit, certificate of use and occupancy, municipal occupational license, platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any nonresidential land use, other than a bona fide agricultural land use, a bona fide rockmining use (lake excavation), a utility sewer facilities use, or a utility water supply facilities use within a wellfield protection area of any utility potable water supply well, without obtaining the prior written approval of the Director or the Director's designee.
No person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any nonresidential land use, other than a bona fide agricultural land use, a utility sewer facilities use, or a utility water supply facilities use, within or within the outer a wellfield protection area of any utility potable water supply well, which uses, generates, handles, disposes of, discharges or stores hazardous materials, until the person has obtained the prior written approval of the Director or the Director's designee.
The Director or the Director's designee shall issue written approval only if:
(a)
All potential sources of pollution will be installed upon the property as far away as is reasonably possible from all potable water supply wells; and
(b)
Hazardous materials will not be used, generated, handled, disposed of, discharged or stored on that portion of the property within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area or within the basic wellfield protection area of any other utility potable water supply well; except that de minimis quantities of hazardous materials (not including hazardous waste) and lubricating oils and hydraulic fluids necessary to the operation of stationary equipment integral to the operation of a building, shall be allowed outside the thirty (30) day travel time of any utility water supply well, provided that the use, handling, or storage of said de minimis quantities occur inside a building and provided that said lubricating oils and hydraulic fluids are contained within the closed sealed reservoirs of the stationary equipment; and,
Fuels, lubricants and other materials required for rockmining operations (lake excavations, concrete batch plants, rock crushing and aggregate plants) within the Northwest Wellfield protection area or with the West Wellfield Interim protection area, electrical transformers and, existing land uses required by the Director or the Director's designee to correct violations of this chapter shall not be prohibited when the water pollution prevention and abatement measures and practices set forth in Sections 24-43(5)(c)(i), (ii), (iii), (iv) and (v) will be provided and the Director or the Director's designee has approved same. However, the water pollution prevention and abatement measures shall not be required for electrical transformers serving residential land uses.
The use, handling or storage of factory prepackaged products intended primarily for domestic use or consumption which contain hazardous materials shall not be prohibited provided, however, that the requirements of Sections 24-43(5)(b)(i), (ii), (iii), and (iv) are fulfilled:
Prepackaged products necessary to and used solely for the upkeep and maintenance of the property, including any buildings or landscape features, personal hygiene products, and office supplies containing hazardous materials shall not be prohibited provided however, that the requirements of Sections 24-43(5)(b)(i) and (iii) are fulfilled.
(i)
The storage of factory prepackaged products shall only occur within a building,
(ii)
The nonresidential land use is an office building use (or equivalent municipal land use) or a business district use (or equivalent municipal land use) engaged exclusively in retail sales of factory prepackaged products intended primarily for domestic use or consumption,
(iii)
The nonresidential land use is served or is to be served by utility water and utility sanitary sewers,
(iv)
Said building is located more than thirty (30) days travel time from any utility potable water supply well; and,
(c)
Hazardous wastes will not be used, generated, handled, disposed of, discharged or stored on that portion of the property within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area, or within the South Miami Heights Wellfield Complex, or within the average day pumpage wellfield protection area or within the basic wellfield protection area of any other utility potable water supply well, except that small quantity generators of hazardous waste are allowed outside the basic wellfield protection area of a utility potable water supply well (except for utility potable water supply well within the Northwest Wellfield protection area, and the West Wellfield Interim protection area) when the water pollution prevention and abatement measures and practices set forth in Sections 24-43(5)(c)(i), (ii), (iii), (iv) and (v) have been provided.
The water pollution prevention and abatement measures required in Section 24-43(4)(e), Section 24-43(5)(b) and Section 24-43(5)(c) above shall be:
(i)
A monitoring program for the detection of pollution caused or which may be caused by hazardous materials,
(ii)
Secondary containment for the storage of fifty-five (55) U.S. gallons or more of hazardous materials,
(iii)
Inventory control and record keeping of hazardous materials,
(iv)
Storm water management controls to prevent the introduction of hazardous materials into the storm water collection and discharge system,
(v)
Protection and security of facilities utilized for the generation, storage, usage, handling, disposal, or discharge of hazardous materials,
The aforesaid pollution prevention and abatement measures and practices shall be subject to the approval of the Director or Director's designee; and,
(d)
The owner of the property has submitted to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County. The aforesaid covenant shall be in a form prescribed by the Director and shall incorporate the requirements and prohibitions of Section 24-43(5)(a), (b) and (c).
The covenants shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property, or
(e)
If the Director or the Director's designee determines that the owner of the property is applying for the original certificate of use and occupancy or original municipal occupational license pursuant to a valid building permit obtained prior to June 1, 1983, for property within the basic wellfield protection area of any utility potable water supply well, or, in the case of property within the Northwest Wellfield protection area, obtained prior to September 30, 1983, or, in the case of the West Wellfield Interim protection boundary, obtained prior to August 6, 1989, or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex obtained prior to September 22, 2006, or, in the case of property within the average day pumpage wellfield protection area, but not within the basic wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, or Southwest Wellfield, obtained prior to February 1, 1985 or, in the case of property not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield, obtained prior to December 12, 1986 and which permit has been valid and continuously in full force and effect since its issuance, or
(f)
If the Director or the Director's designee determines:
(i)
That the application for a building permit, certificate of use and occupancy, municipal occupational license, platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) is for the replacement, modification or limited expansion of an existing facility, provided in no case shall such replacement, modification or limited expansion cause, permit, let, suffer or allow the use, generation, handling, disposal, discharge or storage of hazardous materials on the property to be increased by more than fifty (50) percent over the use, generation, handling, disposal, discharge or storage of hazardous materials which existed on the property on September 30, 1983, for properties within the Northwest Wellfield protection area, or which existed on the property on August 6, 1989, for properties within the West Wellfield Interim protection area, or which existed on March 13, 1981 for properties within the basic wellfield protection area of any other utility potable water supply well, and
(ii)
That the proposed replacement, modification or limited expansion of the existing facility will substantially reduce the existing risk of pollution from the hazardous materials to the closest utility potable water supply well. In determining whether there will be a substantial reduction of the existing risk of pollution as aforesaid, the Director or the Director's designee shall consider the following factors and shall render written findings of the Director's or the Director's designee's assessment of each of the following:
1.
Whether the proposed replacement, modification or limited expansion of the facility will provide adequate monitoring for detecting pollution which may be or which has been caused by the hazardous materials on the property.
2.
Whether the proposed replacement, modification or limited expansion of the facility will provide adequate secondary containment for the hazardous materials stored on the property.
3.
Whether the proposed replacement, modification or limited expansion will provide adequate inventory control and record keeping of hazardous materials on the property.
4.
Whether the proposed replacement, modification or limited expansion will provide adequate storm water management controls to prevent the introduction of hazardous materials into the storm water collection and discharge system.
5.
Whether the proposed replacement, modification or limited expansion will provide adequate protection and security of the facilities utilized for the generation, storage, usage, handling, disposal, or discharge of hazardous materials on the property.
The Director or the Director's designee shall determine that there will be a substantial reduction of the existing risk of pollution from the hazardous materials to the closest utility potable water supply well only if the Director or the Director's designee makes affirmative findings as to all of the aforesaid factors, and
(iii)
That the owner of the property has submitted to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which provides that the hazardous materials to be used, generated, handled, disposed of, discharged or stored on the property after the proposed replacement, modification or limited expansion is approved by the Director or the Director's designee pursuant to this section, shall not be more hazardous than the hazardous materials used, generated, handled, disposed of, discharged or stored on the property at the time of the aforesaid approval and which furthermore shall require written notice by the owner of the property to the Department of any change in the kind of hazardous materials on the property after the aforesaid approval. Said covenants shall be in a form(s) prescribed by the Director. The covenants shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property.
(6)
Applicability of travel time ranges within wellfield protection areas. The Director or the Director's designee shall utilize the following procedures when making a determination under Tables A-1, A-2, A-3, A-4 or B-1:
(a)
Property wholly located within one (1) travel time range having restrictions shall be governed by the restrictions under that travel time range.
(b)
Property within two (2) or more travel time ranges having restrictions shall be governed by the total sewage loading for the property. The total sewage loading shall be derived by adding the sewage loading within each travel time range and dividing the resultant amount by the gross acreage for the property.
(c)
Property within both restricted and unrestricted travel time ranges shall be governed in accordance with Section 24-43(6)(b) herein except that portion of the property outside of the restricted travel time ranges shall be excluded from averaging the applicable restrictions as aforesaid. However, all septic tanks, septic tank drainfields, storm water disposal methods and liquid waste storage, disposal and treatment methods shall be installed upon the property as far away as is reasonably possible from all potable water supply wells.
(7)
Excavations. Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant, or issue any permit, of any kind whatsoever, certificate of completion, platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any excavation within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area, or the basic wellfield protection area of any utility potable water supply well, or within one-quarter (¼) of a mile of the perimeter of the Miami-Dade County 58th Street landfill, United Sanitation landfill, or the resources recovery facility until the County or municipal officer, agent, employee or Board has obtained the prior written approval of the Director or the Director's designee.
Furthermore, notwithstanding any provision of this Code, no person shall cause, allow, let, permit or suffer any excavation within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area, or within the basic wellfield protection area of any utility potable water supply well until the person has obtained the prior written approval of the Director or the Director's designee.
The Director or the Director's designee shall issue his written approval only if the Director or the Director's designee determines that the excavation will comply with the following:
(a)
The property upon which the excavation has occurred or will occur and that portion of the property which has not been excavated or will not be excavated shall be provided with protection and security measures to prohibit the handling, disposal of, discharge or storage of hazardous materials, solid waste, or liquid waste in the excavation or on the property which has not been excavated or will not be excavated. Said protection and security shall be subject to the approval of the Director or the Director's designee.
Furthermore, the owner of the property upon which the excavation has occurred or will occur and that portion of the property which has not been excavated or will not be excavated shall submit to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which provides that protection and security measures shall be provided subject to the approval of the Director or the Director's designee. Said covenants shall be executed by the owner of the property upon which the excavation has occurred or will occur and that portion of the property which has not been excavated or will not be excavated in form(s) prescribed by the Director. The covenants shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property upon which the excavation has occurred or will occur and the property which has not been excavated or will not be excavated, and
(b)
The excavation will not be located within thirty (30) days' travel time from any utility potable water supply well or within thirty (30) days' travel time from potable water supply wells as set forth on the West Wellfield Interim protection area map(s) and the excavation will not exceed a depth of forty (40) feet below existing grade within the basic wellfield protection area of any utility potable water supply well, or
(c)
The excavation will not be located within thirty (30) days' travel time from any utility potable water supply well and there exists property without excavation which will provide an additional thirty (30) days' travel time between the excavation and any utility potable water supply well.
Furthermore, the owner of the property upon which the excavation is to occur shall submit to the Director or the Director's designee a covenant running with the land executed by the owner of the property in favor of Miami-Dade County which provides that the property without excavation aforesaid will not be subject to excavation at any time. Said covenants shall be executed by the owner of the property without excavation aforesaid and in a form(s) prescribed by the Director. The covenants shall be recorded in the public records of Miami-Dade County, Florida, by the Department at the expense of the owner of the property upon which the excavation is to occur, or
(d)
The excavation has a valid excavation permit or equivalent municipal permit for excavation and a valid Class IV permit, if required by Article IV of this chapter, which was obtained prior to September 30, 1983, which permits have been valid and continuously in full force and effect since their issuance.
(8)
Pipelines for hazardous materials. Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board, after July 13, 1984 shall approve, grant or issue any permit of any kind whatsoever for the installation, modification, or expansion of that portion of any pipeline used or to be used for the transmission or storage of any hazardous materials and which portion is within the Northwest Wellfield protection area or the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield or Southwest Wellfield or within the basic wellfield protection area of any utility potable water supply well or, in the case of that portion of any pipeline not within the basic wellfield protection area but within the maximum day pumpage wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield, after December 12, 1986, or, in the case of that portion of any pipeline within the West Wellfield Interim protection area, after August 6, 1989 or within the outer wellfield protection zone of the South Miami Heights Wellfield Complex after September 22, 2006.
Furthermore, notwithstanding any provision of this Code, no person shall install, construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be installed, constructed, utilized, operated or occupied any pipeline or portion of any pipeline used or to be used for the transmission or storage of any hazardous materials within the Northwest Wellfield Protection Area or the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield or Southwest Wellfield or within the basic wellfield protection area of any utility potable water supply well, after July 13, 1984, unless said person installed, constructed, utilized, operated or occupied said pipeline used or to be used for the transmission or storage of hazardous materials before July 13, 1984, or, in the case of the West Wellfield Interim protection area, no person shall install, construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be installed, constructed, utilized, operated or occupied any pipeline or portion of any pipeline used or to be used for the transmission or storage of any hazardous materials within the West Wellfield Interim protection area, after August 6, 1989 or, in the case of that portion of any pipeline within the outer wellfield protection zone of the South Miami Heights Wellfield Complex after September 22, 2006, unless said person installed, constructed, utilized, operated or occupied said pipeline used or to be used for the transmission or storage of hazardous materials prior the effective date of this ordinance, unless said person installed, constructed, utilized, operated or occupied said pipeline used or to be used for the transmission or storage of hazardous materials prior to August 6, 1989 in the case of the West Wellfield Interim protection area, or September 22, 2006 in the case of the South Miami Heights Wellfield Complex.
Furthermore, notwithstanding any provision of this Code, no person shall install, construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any pipeline or portion of any pipeline used or to be used for the transmission or storage of any hazardous materials within the maximum day pumpage wellfield protection area but not within the basic wellfield protection area of the Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield or Hialeah Wellfield after December 12, 1986 unless said person installed, constructed, utilized, operated or occupied said pipeline used or to be used for the transmission or storage of hazardous materials before December 12, 1986.
(9)
Water conservation restrictions for the protection of the Northwest Wellfield. The Director or the Director's designee shall evaluate the data from a groundwater elevation monitoring program and a groundwater quality monitoring program for the Northwest Wellfield which programs shall be conducted by the Department or a contractor designated by the County. If the Director or the Director's designee, after evaluating the aforesaid monitoring data, determines that a reduction in wellfield pumpage is necessary to prevent contamination of the Northwest Wellfield, the Director or the Director's designee shall impose water conservation restrictions in the unincorporated and incorporated areas of Miami-Dade County. These water conservation restrictions shall consist of one (1) of, or any combination of, the following:
(a)
Ordering public utilities owning or operating public water systems to reduce water system pressure.
(b)
Mandatory water conservation restrictions similar to the applicable water use restrictions set forth in the rules of the South Florida Water Management District, Chapter 40E-21, Florida Administrative Code, as may be amended from time to time.
The duration of these water conservation restrictions shall be determined by the Director or the Director's designee after periodic evaluation of wellfield pumpage data and pertinent monitoring program data. The water conservation restrictions in effect may be subsequently changed or rescinded by the Director or the Director's designee after such periodic evaluation.
(10)
Land uses within the Northwest Wellfield protection area and West Wellfield Interim protection area. No County or municipal officer, agent, employee or board shall approve, grant or issue any building permit, municipal occupational license, certificate of use and occupancy, platting action (final plat, waiver of plat, or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance, new use, similar use or equivalent municipal zoning action) for any land use within the Northwest Wellfield protection area, or within the West Wellfield Interim protection area, without obtaining the prior written approval of the Director or the Director's designee. Furthermore, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any land use within the Northwest Wellfield protection area or within the West Wellfield Interim protection area without obtaining the prior written approval of the Director or the Director's designee.
In determining whether the existing land use(s) for the property or the land use(s) requested for the property is a land use which meets the criteria of this Section the Director or the Director's designee shall consider all of the following: the materials used, handled and stored, and the products and wastes produced, the activities, processes and methods which are employed and utilized and, the machinery and other facilities utilized and the maintenance requirements of said machinery and facilities, provided such maintenance activities are in compliance with Section 24-43(5),
The Director or the Director's designee shall issue written approval only if:
(a)
The existing land use(s) for the property or the land use(s) requested for the property does not use, generate, handle, dispose, discharge or store hazardous materials or hazardous waste. The exceptions provided in Section 24-43(5)(b) shall apply, and
(b)
The land use is in a category comparable or equivalent to the land use categories provided below which are not expected to use, generate, handle, dispose, discharge or store hazardous materials or hazardous waste provided that any emergency electric power to these land uses is by liquid petroleum (LP) gas, or natural gas, only:
Agricultural use
Communication tower, transmitting station
Dry manufacturing
Distribution centers (no hazardous materials)
Educational institutions (no hazardous materials)
Film and television production (no hazardous material)
Financial institutions
Food establishments
Garment manufacturing (no hazardous materials, no dyes)
Libraries and museums (no hazardous materials)
Limestone quarrying, rock crushing and aggregate plants ancillary to limestone quarrying onsite storage of LP and natural gas, and use of fuels and lubricants pursuant to Section 24-43(5)(b), are permitted)
Lodging establishments (no hazardous materials)
Parks
Parking facilities (no fueling, no repairs)
Professional and semiprofessional offices (no medical laboratories or clinics)
Recreational facilities
Residential facilities (not providing health care)
Retail sales (no hazardous materials)
Storage and sale of factory pre-packaged items
Storage warehouses (no hazardous materials)
Utilities: water production, treatment and distribution facilities; and sewage collection, distribution and transmission facilities; and electrical transmission and distribution facilities
Worship centers; and
(c)
The existing land use(s) for the property or the land use(s) requested for the property is a land use which does not generate, dispose of, discharge, or store liquid waste except for stormwater, (as provided in Section 24-43(4)(c)) and domestic sewage discharged to utility sanitary sewers or onsite sewage treatment and disposal systems as permitted pursuant to Section 24-43(4)(a); and
(d)
The existing land use(s) for the property or the land use(s) requested for the property is a land use which retains and disposes of stormwater runoff on the property in accordance with Section 24-43(4)(c); or
(e)
The owner of the property is applying for the original certificate of use and occupancy or original municipal occupational license pursuant to a valid building permit obtained prior to December 12, 1986, in the case of the Northwest Wellfield protection area, or August 6, 1989, in the case of the West Wellfield Interim protection area, which permit has been valid and continuously in full force and effect since its issuance; the property is served or will be served by a utility water main and utility sanitary sewer no later than the date that the original certificate of use and occupancy or original municipal occupational license is issued; and the property is in compliance with Sections 24-43(4), (5) and (6) of this Code and was in compliance with Sections 24-43(4), (5) and (6) of this Code no later than the date of issuance of the aforesaid valid building permit.
(11)
Prohibition of resource recovery and management facility within Wellfield protection areas. No County or municipal officer, agent, employee or board shall approve, grant or issue any permit (except for renewal of valid operating permits, issued pursuant to this chapter, no later than March 12, 1987), certificate of use and occupancy, municipal occupational license platting action (final plan, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any resource recovery and management facility within the Northwest Wellfield protection area or within the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, or Hialeah Wellfield, or within the basic wellfield protection area of any utility potable water supply well after December 12, 1986, unless said resource recovery and management facility was in operation and had obtained all other applicable permits prior to June 25, 1986 and obtained a valid operating permit issued pursuant to this chapter no later than March 12, 1987 or, in the case of a resource recovery and management facility within the outer wellfield protection zone of the South Miami Heights Wellfield Complex, was in operation and had obtained all other applicable permits prior September 22, 2006.
Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant, modify or issue any permit (except for renewal of valid operating permits issued pursuant to this chapter, renewed no later than ninety (90) days after August 6, 1989), certificate of use and occupancy platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action (district boundary change, unusual use, use variance or equivalent municipal zoning action) for any resource recovery and management facility (unless the facility's primary purpose is to collect paper, glass, plastics or aluminum for transport out of the West Wellfield Interim protection area or the facility provides composting for on-site organic plant materials at plant nurseries) within the West Wellfield Interim protection area after August 6, 1989, unless said resource recovery and management facility was in operation and had obtained all other applicable permits prior to August 6, 1989 and obtained a valid operating permit issued pursuant to this chapter no later than ninety (90) days after August 6, 1989.
Furthermore, notwithstanding any provision of this Code, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any resource recovery and management facility within the Northwest Wellfield protection area or within the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, or Hialeah Wellfield, or within the basic wellfield protection area of any utility potable water supply well after December 12, 1986, unless said resource recovery and management facility was in operation and had obtained all other applicable permits prior to June 25, 1986 and obtained a valid operating permit pursuant to this chapter, no later than March 12, 1987 or, in the case of a resource recovery and management facility within the outer wellfield protection zone of the South Miami Heights Wellfield Complex, was in operation and had obtained all other applicable permits prior to August 6, 1989.
Notwithstanding any provision of this Code, no person shall construct, utilize, operate, occupy or cause, allow, let, permit or suffer to be constructed, utilized, operated or occupied any resources recovery and management facility within the West Wellfield Interim protection area after August 6, 1989, unless said resource recovery and management facility was in operation and had obtained all other applicable permits prior to August 6, 1989 and obtained a valid operating permit pursuant to this chapter, no later than ninety (90) days after August 6, 1989.
TABLE A-1 Residential Property Served by Septic Tank and Using Public Water Supply
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Maximum Allowable Sewage Loading for Property Not Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) Maximum Allowable Sewage Loading for Property Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) More than 100 days but not exceeding 210 days 850 As allowed by Section 24-43.1 More than 30 days but not exceeding 100 days 600 850 More than 10 days but not exceeding 30 days 350 with minimum of 24 inches in Class II silica sand under drainfield 600 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 100 feet but not exceeding 10 days 140 with minimum of 24 inches of Class II silica sand under drainfield 350 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield 100 feet or less 0 0 TABLE A-2 Residential Property Served by Septic Tank and Not Using Public Water Supply
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Maximum Allowable Sewage Loading for Property Not Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) Maximum Allowable Sewage Loading for Property Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) More than 100 days 750 with minimum of 24 inches of Class II silica sand under drainfield 750 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 30 days but not exceeding 100 days 600 with minimum of 24 inches of Class II silica sand under drainfield 750 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 10 days but not exceeding 30 days 350 with minimum of 24 inches of Class II silica sand under drainfield 600 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 100 feet but not exceeding 10 days 140 with minimum of 24 inches of Class II silica sand under drainfield 350 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield 100 feet or less 0 0 TABLE A-3 Nonresidential Property Served by Septic Tank, Using Public Water Supply, and Not Using, Generating, Handling, Disposing, Discharging or Storing Hazardous Materials
TABLE INSET:
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Maximum Allowable Sewage Loading for Property Not Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) Maximum Allowable Sewage Loading for Property Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) More than 100 days but not exceeding 210 days 850 1,500 More than 30 days but not exceeding 100 days 600 850 More than 10 days but not exceeding 30 days 350 with minimum of 24 inches of Class II silica sand under drainfield 600 with minimum of 24 inches Class II silica sand or indigenous sand under drainfield More than 100 feet but not exceeding 10 days 140 with minimum of 24 inches of Class II silica sand under drainfield 350 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield 100 feet or less 0 0 TABLE A-4 Nonresidential Property Served by Septic Tank, Not Using Public Water Supply, and Not Using, Generating, Handling, Storing, Disposing or Discharging Hazardous Materials
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Maximum Allowable Sewage Loading for Property Not Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) Maximum Allowable Sewage Loading for Property Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) More than 100 days 750 with minimum of 24 inches of Class II silica sand under drainfield 750 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 30 days but not exceeding 100 days 600 with minimum of 24 inches of Class II silica sand under drainfield 750 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 10 days but not exceeding 30 days 350 with minimum of 24 inches of Class II silica sand under drainfield 600 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield More than 100 feet but not exceeding 10 days 140 with minimum of 24 inches of Class II silica sand under drainfield 350 with minimum of 24 inches of Class II silica sand or indigenous sand under drainfield 100 feet or less 0 0 TABLE B-1 Residential Property Served by Sanitary Sewers; Nonresidential Property Served by Sanitary Sewers and Not Using, Generating, Handling, Disposing, Discharging or Storing Hazardous Materials
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Maximum Allowable Sewage Loading for Property Not Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) Maximum Allowable Sewage Loading for Property Having Indigenous Sandy Substrata (Gallons Per Day Per Unsubmerged Acre) More than 30 days No additional restrictions No additional restrictions More than 10 days but not exceeding 30 days 1600 No additional restrictions More than 100 feet but not exceeding 10 days 850 1600 100 feet or less 0 0 TABLE C-1 Allowable Storm Water Disposal Methods for Residential and Nonresidential Property
Travel Time in Days or Distance in Feet from Property to Nearest Public Utility Potable Water Supply Well Allowable Methods for Storm Water Disposal More than 30 days but not exceeding 210 days Infiltration or seepage or overflow outfalls only More than 10 days but not exceeding 30 days Infiltration or seepage only More than 100 feet but not exceeding 10 days Infiltration only 100 feet or less None
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-125, § 3, 9-12-06; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 15-25, § 2, 4-21-15)