Loading...
4748 Relating to environmental spills and protection of the City water supplyOrdinance No. 2023-4748 An ordinance of the City Commission of the City of Sanford, Florida amending the provisions of Section 6.0 of Schedule "M", City of Sanford Code/Land Development Regulations (LDRs), relating to wellfield protection and duties with regard to potentially adverse environmental actions and occurrences; providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener's errors; and providing for an effective date. Be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative Intent. The City Commission of the City of Sanford desires to continually and consistently protect the City's water supply for the health, safety and welfare of the citizens of the City as well as the utility customers of the City who use the water supply of the City. The regulations set forth in this Ordinance are intended to prevent, reduce and eliminate pollution of the City's water supply sources in order to maintain the chemical, physical, and biological integrity of the City's water source. Section 2. Revision And Amendment Of Schedule "M", City of Sanford Code/Land Development Regulations, Relating To Environmentally Sensitive Lands. Section 6.0 of Schedule "M", City of Sanford Code/Land Development Regulations, is amended to read as follows: Section 6.0. Wellfield protection; duties with regard to potentially adverse environmental actions and occurrences. A. Purpose and intent. The purpose and intent of this section is to protect potable water from contamination by establishing primary and secondary protection zones around municipal potable water wells, to prohibit and prehibitiRg certain land uses and activities within the zones which have the potential to contaminate groundwater and to provide for the duties of persons with regard to potentially adverse environmental actions and occurrences. 11Page B. Applicability. The land development regulations set forth herein shall apply to all development proposed in areas surrounding a wellfield within primary and secondary protection zones and all actions and events within the jurisdictional limits of the City. C. Establishment of wellfield protection zones. 1. Primary protection zone. Primary protection zones shall include all land within a 200 -foot radius of any existing or planned public wellhead (a water system owned by a public entity or operated under a franchise agreement approved by the City). 2. Secondary protection zone. Secondary protection zones shall include all land within any public wellhead. D. Mapping. Wellfield protection zone maps shall be available for review in the department of engineering and planning. Such maps will designate and graphically represent the primary and secondary wellfield protection zones and may be amended from time to time as updated information becomes available. E. Restrictions within the zones. Prohibited land uses and activities within the protection zones are as follows: 1. Primary protection zone. The following land use activities shall be prohibited within the primary protection zone: sanitary landfills, animal feedlots, wastewater treatment facilities, petroleum and pesticide storage facilities, incinerators, and all other activities that store, handle, or generate hazardous materials or wastes. Above -ground or below -ground pipes which store or transfer pollutants or other contaminants as well as open drainage cuts below the seasonal high water table shall also be prohibited within the primary protection zone. All other active uses are prohibited that could be foreseen to result in any environmental degradation to the public water supply. 2. Secondary protection zone. The following land use activities are prohibited within the secondary protection zone: sanitary landfills, junkyards, solid waste disposal other than brush and stump, animal feedlots, wastewater treatment facilities, petroleum and pesticide storage facilities, incinerators, and all other activities that store, handle, or generate hazardous materials or wastes. Above -ground or below -ground pipes which store or transfer pollutants or other contaminants as well as open drainage cuts below the seasonal high water table are prohibited within the secondary protection zone. F. Wellfield protection zone review process. The City shall review all site plans, master plans, and subdivision plans for consistency with to the terms and requirements of this section and no application or plan shall be approved unless full compliance is demonstrated. Permits issued in violation of this section confirm no right or privilege on the grantee. G. Duties with regard to potentially adverse environmental actions and occurrences. 1. "Contaminant" means any physical, chemical, biological, or radiological substance present in any medium which may result in adverse effects to human health or the environment or which creates an adverse nuisance, organoleptic or aesthetic condition in groundwater including, but not limited to, solvents and chemicals that resist rease. oil. water. and heat such as. but not limited to, per- and polvfluoroalkvl ci ihcfnnrroc 2. "Discharge" means and includes, but is not limited to, any spilling, leaking, seeping, pouring, emitting, emptying or dumping. 3. "Hazardous substances" means those substances defined as hazardous substances in the Comprehensive Environmental Response, Compensation and Liability 31 Act of 1980, Public Law Number 96-510, 94 Statutes 2767, as amended by the Superfund Amendments and Reauthorization Act of 1986. 4. "Petroleum product" means any liquid fuel commodity made from petroleum including, but not limited to, all forms of fuel known or sold as diesel fuel, kerosene, all forms of fuel known or sold as gasoline, and fuels containing a mixture of gasoline and other products, excluding liquefied petroleum gas and American Society for Testing and Materials (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual oils, intermediate fuel oils (IFO) used for marine bunkering with a viscosity of 30 and higher, asphalt oils, and petrochemical feedstocks. 5. "Pollutant" means and includes oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas, a commodity made from oil or gas including, but not limited to, refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, waste oil, kerosene, benzine, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 6. It shall be the affirmative duty of each and every person who causes or is aware of a discharge of a contaminant, hazardous substance, petroleum product or pollutant within the City Limits upon the ground or in a water body to report such discharge to the City, Seminole County and the Florida Department of Environmental Protection and 41 Florida Department of Health immediately upon the discharge occurring or the person becoming aware of the discharge. It is prohibited and unlawful to fail to report such discharges as required herein and each day of failure shall be a separate violation. This requirement shall not apply to discharges that relate to public utility systems. MP Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. 5IPaIPe Section 4. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 5. Savings; Effect Of Ordinance. The prior actions of the City of Sanford in terms of the matters relating to any and all actions and activities of the City pertaining to the City's Land Development RegulationslLand Development Code, or of an associated nature, to include, but not be limited to, the requirements for wellfield and environmental protection and duties pertaining to potentially harmful actions relating to the environment or relating to the environmental soundness of development activities are hereby ratified and affirmed. Section 6. Codification and City Code Effect; Scrivener's Errors. (a). The Exhibit referenced in Section 2 of this Ordinance shall be codified and all other sections of this Ordinance shall not be codified and all other parts of the City Code shall have their effect relative to the application of this Ordinance to include, but not be limited to, the provisions of Section 1-7 of the City Code. (b). The sections, divisions and provisions of this Ordinance may be renumbered or re -lettered as deemed appropriate by the Code codifier. (c). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be 61 corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment. Passed and adopted this 11th Day of September, 2023. Attest: City Commission of the ity of Sanford, Florid . rr � Traci Hous n, MM , FCAA ArtViYodruff App Ci' ayor ed as to form andtgar y. William L. Colbert City Attorney ; a 7IPaEe _ CITY OF ' S-k�40RD WS _ RM x 1' \\ FLORIDA �✓ appQOo Item No. O P CITY COMMISSION MEMORANDUM 23.164 SEPTEMBER 1 1 , 2023 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: Honorable Mayor and Members of the City Commission Bill Marcous, Utility Support Services Manager Norton N. Bonaparte, Jr., ICMA-CM, City Mrcit ger/ Environmental Spill Ordinance; Protection oy W el Ordinance No. 2023-4748; Second Reading 7 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ® Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Supply; Adoption of Ordinance No. 2023-4748, relating to environmental spills and protection of the City water supply on first reading is requested. FISCAL/STAFFING STATEMENT: The protection of the City's water supplies and the facilities used to provide the citizens and customers of the City with high quality water will save the City funds that may otherwise be expended for providing utility services to address contamination and other potentially adverse environmental incidents. BACKGROUND: The City Commission has taken steps over the years to provide the citizens and customers of the City with high quality water supply for consumption and usage. As part of the City's efforts to ensure that the City's water supply resources are protected, together with the wellfields of the City, the proposed Ordinance No. 2023-4748, placed duties upon those involved in potentially adverse environmental actions and occurrences, such as discharges, involving contaminants, hazardous substances, petroleum products and pollutants. Discharges would be required to be reported to the City, Seminole County, the Florida Department of Environmental Protection and Florida Department of Health. LEGAL REVIEW: The Assistant City Attorney has assisted in this matter and has no legal objection to the proposed action. The City Commission approved the first reading of Ordinance No. 4738 on August 28, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on September 10, 2023. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 2023-4748. SUGGESTED MOTION: "I move to adopt Ordinance No. 2023-4748." Attachment: Ordinance No. 2023-4748.