Chapter 366 - GROUNDWATER AND SURFACE WATER RESOURCE MANAGEMENT

Sec. 365.406. - Judicial Remedy. Chapter 368 - NOISE CONTROL Chapter 366 - GROUNDWATER AND SURFACE WATER RESOURCE MANAGEMENT[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2008-28-E, § 1, amended the Code by renaming Ch. 366. Formerly Ch. 366 was entitled "Groundwater Resource Management."

PART 1. - GENERAL PROVISIONS[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2008-346-E, §§ 1 and 2, amended the Code by repealing former Part 1, §§ 366.101—366.107, and adding a new Part 1. Former Part. 1 pertained to similar subject matter, and derived from Ord. 89-409-671, Ord. 94-144-121, Ord. 97-229-E, and Ord. 2003-1133-E.

Sec. 366.101. - Legislative declaration, public policy.

The Council finds and declares that:

(a)

It is the public policy of the City to protect the groundwater and surface water resources within the City because they are important to the public health, safety and welfare of the citizens of the City of Jacksonville.

(b)

It is also the public policy of the City to encourage municipal governments within Duval County and water supply utilities to work cooperatively with the St. Johns River Water Management District on regional water supply planning.

(c)

The City is able to provide significant assistance to the St. Johns River Water Management District in protecting the groundwater resources within the City. It also has a significant obligation to support the conservation and effective management of groundwater resources within the City, as set forth in Section 366.102, below.

(d)

The City recognizes the exclusive jurisdiction of the St. Johns Water Management District to regulate the consumptive use of water.

(e)

The Council finds and declares that reliable, effective and economically sound regional potable water treatment and distribution systems must be provided to protect investments in existing facilities and promote beneficial growth and public health.

(f)

The prevention, abatement and control of pollution and conservation of the groundwaters and surface waters within the City are a matter of concern and interest to the general public, and the provisions of this Chapter are enacted in the exercise of the police power of the City for the purpose of protecting the health, peace, safety and general welfare of the people of the City.

(Ord. 2008-346-E, § 2)

Sec. 366.102. - Groundwater Resource Management Program.

The Council hereby creates a Groundwater Resources Program to implement the policy stated in Section 366.101 and establish an agency of the City that will effectively and efficiently administer this program. To accomplish these objectives, the Environmental and Compliance Department shall have the following authority:

(a)

To establish wellhead protection policies to provide maximum protection from contamination of public water systems and primary water sources. These policies shall ensure the City's comprehensive plan goals and objectives regarding wellhead protection and related City ordinances are implemented.

(b)

To enforce SJRWMD water shortage orders or SJRWMD water shortage emergency orders affecting the water use within City, in accordance with the provisions of Chapter 40C-21, F.A.C.

(c)

To conduct studies and to encourage other agencies to conduct studies to develop methods that more fully define and protect all of the groundwater resources within the City.

(d)

To administer any program under Chapters 40C-3, 62-532, and 62-555, F.A.C., delegated by the SJRWMD that regulates the construction, repair and abandonment of water wells within the geographical boundaries of the City, unless these wells are within a Chapter 62-524, F.A.C., delineated area.

(e)

To assist the SJRWMD in implementing Rule 40C-2-042(2)(a) and (b), F.A.C., pertaining to landscape irrigation.

(f)

To assist the SJRWMD in the protection of groundwater resources within the City by providing data and analysis relevant to Consumptive Use Permit applications under review by the SJRWMD when the Department concludes it has pertinent information.

(g)

To inform and educate the public about groundwater resource management practices, aquifer conditions, and water supply options that encourage:

(1)

the maximum reuse of water where feasible, and cost effective, and consistent with the policies and regulations of the Florida Department of Environmental Protection and the SJRWMD;

(2)

the use of suitable water sources that are more quickly replenished over those that are less quickly replenished;

(3)

the uses of water sources of no higher quality than that needed for the intended use;

(4)

all water users to install and use equipment, facilities and best management practices that represent current environmental technology to protect the resource and prevent waste and unreasonable water use.

(h)

To establish policies that protect against man-induced groundwater contamination, other than that caused by water use.

(i)

To serve as technical information clearinghouse and coordinating body for groundwater related data, studies, conditions and issues.

(j)

To adopt a regulatory program to reduce discharges into the river, its tributaries and other surface water bodies in Duval County.

(Ord. 2008-346-E, § 2)

Sec. 366.103. - Application.

Except for Part 4, Wellhead Protection; Part 5, Water Conservation and Landscape Irrigation and Part 6, Fertilizer Application, which apply only in the General Service District, less Urban Services Districts 2, 3, 4 and 5, this Chapter applies throughout the General Services District.

(Ord. 2008-346-E, § 2; Ord. 2009-360-E, § 1)

Sec. 366.104. - Definitions.

The following definitions shall apply throughout this Chapter and in any rule adopted pursuant to it unless the context otherwise requires. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directive.

(a)

Aquifer means a hydrologic unit which consists of a related group of earth materials or only a part of earth materials, which is saturated with water and capable of transmitting usable quantities of water to wells or springs.

(b)

Board means the Environmental Protection Board.

(c)

Brown's Dump and Jacksonville Ash Sites areas means those areas assigned U.S. Environmental Protection Agency Site Identification Numbers FLD 980 847 016 (Brown's Dump) and FLSFN0407002 (Jacksonville Ash Sites, i.e., Forest Street Incinerator Site, 5 th & Cleveland Streets Incinerator Site, and Lonnie C. Miller, Jr., Park).

(d)

Conservation means actions which result in a reduction of water demand or result in the protection or preservation of the quality of the water supply source.

(e)

Contractor means a water well contractor as defined in Rule 62-532.200, F.A.C.

(f)

Department means the Neighborhoods Department.

(g)

Director means the Director of the Department or his authorized representative who shall be an employee or agent of the City.

(h)

Domestic consumption means water used in direct human contact for drinking, cooking, bathing, and cleaning purposes inside a residential or commercial establishment.

(i)

Floridan Aquifer means those earth materials first penetrated at varying depths greater than 250 feet (76.2m) below the ground surface in Duval County and that compose one or more of the following stratigraphic formations: limestones of the Ocala Group, Avon Park Limestone, Lake City Limestone or Oldsmar Limestone. The approximate depth to which wells first penetrate the Floridan Aquifers is shown in Water Resources Investigation 77-144 by the United States Geological Survey, 1978, or as revised.

(j)

Groundwater means water beneath the surface of the ground, whether or not flowing through known definite channels.

(k)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(l)

Potable water means water used for drinking, culinary purposes, personal hygiene or other domestic purposes which is approved as meeting the standards contained in F.A.C. Chs. 64E-8, 62-550, or 62-555.

(m)

Public water supply system means any water system meeting the requirements of either F.A.C. Chs. 62-550, 62-555 or 62-560, for "community or non-community" category, or meeting the requirements of Ch. 64E-8, F.A.C., for "other public" category.

(n)

SJRWMD means the St. Johns River Water Management District.

(o)

Water source heat pumps means single or reverse cycle mechanical devices for heating or cooling which require the use of water as a medium for heat transfer.

(p)

Well means a well as defined in F.S. 373.303(7) which is any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater. This does not include any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; for inserting media to dispose of oil brines or to re-pressure oil-bearing or natural gas-bearing formation; for storing petroleum, natural gas or other products; or for temporary dewatering of subsurface formations for mining, quarrying or construction purposes.

(q)

Well construction means all acts necessary to obtain groundwater by wells, including the location, excavation and sealing of the well, but excluding the installation of pumps and pumping equipment.

(Ord. 2008-346-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 366.105. - Construction.

This Chapter shall be liberally construed to effect the purposes stated in Section 366.101. In addition, this Chapter shall be construed so as to be consistent with the provisions of Florida Statutes, particularly F.S. Part III, Chapter 373, F.S. § 373.217 and F.S. § 376.307.

(Ord. 2008-346-E, § 2)

PART 2. - ADMINISTRATION OF PROGRAM[3]

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Editor's note— Ord. 2008-346-E, §§ 1 and 2, amended the Code by repealing former Part 2, §§ 366.201—366.218, and adding a new Part 2. Former Part. 2 pertained to similar subject matter, and derived from Ord. 89-409-671 and Ord. 2003-1133-E.

Sec. 366.201. - General authority of the Department and Board.

(a)

The Director shall be responsible for the administration of this Chapter and the rules promulgated by the Board pursuant to this Chapter and shall make regular reports to the Board.

(b)

Subject to F.S. § 373.217, the Board shall have general authority over the execution and enforcement of this Chapter and shall hear and determine appeals from the orders and actions of the Director. The Board shall make all necessary rules and regulations for the implementation and administration of this Chapter. For this purpose, the Board will:

(1)

Secure necessary, scientific, and technical research assistance from the SJRWMD made available pursuant to F.S. § 373.0391, and, from other federal, State, and local agencies and private entities by contract or otherwise. For this purpose, the Board may utilize appropriated general funds, grant funds or donated services;

(2)

Pursuant to Section 366.102, exercise general supervision of the administration and enforcement of the program established hereunder, except that any person required to have a well construction permit issued by the State or SJRWMD shall not be required to have a local permit pursuant to this Chapter;

(3)

Adopt, modify and repeal rules to carry out the intent and purposes as set forth in Sections 366.101 and 366.102, of this Chapter, subject to the limitations in Chapter 360;

(4)

Issue such orders as may be necessary to effectuate its rules and enforce such orders by administrative and judicial proceedings as provided in this Chapter;

(5)

Conduct field studies of and collect samples of the groundwater periodically and in a logical geographic manner so as to protect groundwater resources within the City. Field studies, however, should not duplicate relevant, current, publicly available information;

(6)

Have the authority to require, by rule, persons engaged in operations other than water use which may reasonably be expected to result in groundwater pollution or violation of this Chapter or of Board rules, to file reports which contain information relating to location, water quality, and the discharge, composition and concentration of contaminants;

(7)

Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter;

(8)

Collect and disseminate information, conduct educational and training programs relating to pollution;

(9)

Perform other functions necessary for groundwater resource management pursuant to Section 366.102.

(Ord. 2008-346-E, § 2)

Sec. 366.202. - Chapter 360 applicable.

The provisions of Chapter 360 shall be applicable to this Chapter, unless otherwise specifically provided in this Chapter.

(Ord. 2008-346-E, § 2)

Sec. 366.203. - Variances.

A variance from this Chapter or to the rules of the Board may be granted as provided in Section 360.111, or as otherwise provided in this Chapter.

(Ord. 2008-346-E, § 2)

Sec. 366.204. - Appeals.

Appeals shall be heard as provided in Part 4, Chapter 360.

(Ord. 2008-346-E, § 2)

Sec. 366.205. - Violations.

A person who knowingly and willfully:

(a)

When taking a measurement required by the rules of the Board, falsifies the recorded measurements, or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or

(b)

Files a report or permit application required by Section 366.302 or by the Board pursuant to the authority of Section 366.201(b)6, or files a variance request that contains false or misleading information, proceeds or acquiesces in the falsification; or

(c)

violates a water shortage order or a water shortage emergency order issued by the SJRWMD;

shall be guilty of a class D offense against the City.

(Ord. 2008-346-E, § 2)

Sec. 366.206. - Civil penalties.

(a)

Except as provided in this Chapter, a person who:

(1)

Makes or continues or causes to be made or continued, actions or pollution or well construction in violation of this Chapter or the rules of the Board; or

(2)

Being subject to an order of the Board issued pursuant to Section 366.201(b)4, violates a term or condition of the order, or directs, encourages or permits his agent or employee to do so; or

(3)

Being the agent or employee of a person subject to an order of the Board issued pursuant to Section 366.201(b)4, knowingly violates a term or condition of the order, whether or not at the insistence or with the approval of the subject person; or

(4)

Violates a condition of a variance granted by the Board under Section 366.204; or

(5)

Being required by the Board to file a report pursuant to Section 366.201(b)6, fails or refuses to do so; or

(6)

Violates a permit, consent agreement, Board order, Board rules, or other requirements in this Chapter not covered elsewhere in this Section;

may be assessed a civil penalty of up to $10,000 for each violation.

(b)

A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(c)

For violations that are of continuing nature, each day that the violation continues shall be a separate offense subject to penalty.

(d)

For violations described in the Florida Department of Environmental Protection's Uniform Citations Dictionary for Water Well Construction (October 2002), the monetary penalties shall be as provided therein, and the offense shall be reported to SJRWMD for the assessment of points against a contractor's license or other appropriate penalty.

(Ord. 2008-346-E, § 2)

Sec. 366.207. - Assessment and recovery of civil penalty.

As specified in Section 366.209, civil penalties shall be assessed by the Board, or in the alternative, by judicial process in a civil action filed in the name of the City, in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund, established by Section 360.601. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorneys' fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief.

(Ord. 2008-346-E, § 2)

Sec. 366.208. - Ticketing authority.

In addition to the enforcement provisions of Section 366.205, Section 366.206 and Section 366.207, the Director is authorized to issue tickets for the following violations of this Chapter:

(a)

Violations of any SJRWMD-declared water shortage order or SJRWMD-declared water shortage emergency order pursuant to F.A.C. 40C-21.421, F.A.C.;

(b)

Violations of any provision of this Chapter;

(c)

Leaving a wellhead in an unsafe condition such as to endanger the public; and,

(d)

Completing or modifying a wellhead construction configuration in violation of rules of the Board.

Violations of this Section are subject to the following penalties:

EXPAND First violation Written warning Second violation $50 ticket Subsequent violations $250 ticket

Each day upon which a violation occurs shall be considered a separate offense. No violator shall be granted more than one warning. Civil penalties imposed under this Section shall be payable to the Tax Collector immediately within seven days after imposition. Moneys received by the City, pursuant to this Part shall be deposited in the Environmental Protection Fund. An unpaid but owing fine may be collected in a civil action in the name of the City.

(Ord. 2008-346-E, § 2; Ord. 2008-28-E, § 1; Ord. 2009-360-E, § 1)

Sec. 366.209. - Collection of civil penalties; civil actions; service of citation; form of citation.

Collection of civil penalties for ticketable offenses, service of citation and form of citation shall be in conformance with Section 360.702, Section 360.703 and Section 360.704, respectively.

(Ord. 2008-346-E, § 2)

Sec. 366.210. - Other relief.

In addition to remedies provided elsewhere in this Chapter, the Board, through the Office of General Counsel, may seek injunctive or other appropriate relief in the appropriate court to enforce the provisions of this Part, any rules or regulations adopted by the Board pursuant thereto, any part of the formal priority system or listing, or any order of the Board entered in accordance with this Chapter.

(Ord. 2008-346-E, § 2)

Sec. 366.211. - Entry on property.

The provisions of Section 360.109 are applicable as authorization for the Director or his duly authorized representative to enter on property for the purposes of investigating to ascertain compliance with this Chapter and with the rules of the Board promulgated pursuant to this Chapter.

(Ord. 2008-346-E, § 2)

Sec. 366.212. - Certain information to be confidential.

Any information relating to secret processes, methods of manufacture or production which may be outlined or discovered by the Director, the Board or any employee thereof shall be subject to the provisions of Section 360.110.

(Ord. 2008-346-E, § 2)

Sec. 366.213. - Updating of agencies and standards.

Reference to the State Department of Environmental Protection, and other State or local agencies referred to in this Chapter shall automatically mean reference to any successor agency of State or local government. Periodically, the Board shall adopt any revisions or amendments to such standards in the rules of the Board.

(Ord. 2008-346-E, § 2)

Sec. 366.214. - Compliance plans; compliance agreements.

A person found by the Director or by the Board to be in violation of this Chapter or of the rules of the Board, and who is unable to come into compliance, shall prepare and submit to the Board within a reasonable time fixed by the Board a compliance plan in accordance with procedures specified in Part 3 of Chapter 360.

(Ord. 2008-346-E, § 2)

Sec. 366.215. - Inspection by Director or authorized representative; notice; enforcement of compliance plans.

Inspections for the purpose of ascertaining compliance with a compliance plan shall be conducted in accordance with Section 360.306.

(Ord. 2008-346-E, § 2)

Sec. 366.216. - Technical Advisory Committee.

The Board may establish a Technical Advisory Committee which will advise on groundwater resources, or which will have representatives from groundwater resource management agencies, affected contractors, utilities and engineering consultants.

(Ord. 2008-346-E, § 2)

PART 3. - WATER WELLS, DRILLERS AND CONTRACTORS[4]

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Editor's note— Ord. 2008-346-E, §§ 1 and 2, amended the Code by repealing former Part 3, §§ 366.301—366.308, and adding a new Part 3. Former Part. 3 pertained to similar subject matter, and derived from Ord. 89-409-671 and Ord. 2003-1133-E.

Sec. 366.301. - Well construction, repair and abandonment policy.

(a)

Wells must be located, constructed, cased, grouted, plugged, capped, or sealed to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or water bearing zone to another, contamination of groundwater or surface water resources, or other adverse impacts, and shall be in compliance with the minimum standards set forth in the SJRWMD's F.A.C. Ch. 40C-3 and the Department of Environmental Protection's F.A.C. Chs. 62-532, 62-550, 62-555 and 62-560, and Department of Health's F.A.C. Ch. 64E-8, and the rules of the Board which ever are more stringent.

(b)

Declaration of abandonment of a well may be made by the Director or by the well owner pursuant to the rules of the Board.

(c)

The plugging and filling of abandoned wells shall be performed by a Florida licensed water well contractor in accordance with F.S. 373.323 and F.A.C. 62-531.

(Ord. 2008-346-E, § 2)

Sec. 366.302. - Required permits and permitting standards and procedures.

(a)

No water well shall be constructed, repaired and/or abandoned without a permit from the Environmental Quality Division or the SJRWMD. However, an individual permit from the Environmental Quality Division is required before constructing any well within the Brown's Dump and Jacksonville Ash Sites areas.

(b)

The well permits herein required, except for those permits issued pursuant to a delegation of authority from SJRWMD are independent of all other permits required.

(c)

The Board shall, by rule, establish construction standards and procedures for processing permit applications for the construction, repair or abandonment of a water well not located within a F.A.C. Chapter 62-524, delineated area.

(d)

Copies of applications, permits, drillers' logs, water well completion logs and certifications may be required to be submitted to the Department pursuant to the rules of the Board, and Section 366.306 herein.

(e)

Permits shall be issued or denied within the timeframes allowed by F.S. Ch. 120. The Department shall request additional information within 30 days after receipt of a permit application.

(f)

A permit for well construction shall be valid one year from the date of issuance.

(g)

A permit for the construction of a shallow well shall not be required from the Environmental Quality Division where an Urban Services District has established and administers a local shallow well construction program. All other Urban Services Districts shallow well permitting programs, established after the effective date of this act, must:

(1)

Be approved by the Environmental Quality Division as adequate to meet the requirements of this act and any applicable rules and regulations pursuant thereto.

(2)

Provide by ordinance, regulation, or local law for requirements compatible with, or stricter or more extensive than those imposed by this ordinance and regulations issued thereunder.

(3)

Provide for the enforcement of such requirements by appropriate administrative and judicial process.

(4)

Provide for administrative organization, staff, financial and other resources necessary to effectively and efficiently carry out its program.

(Ord. 2008-346-E, § 2)

Sec. 366.303. - Permit issuance, denial or revocation.

The Board shall establish criteria, by rule, for permit issuance, denial or revocation. A permit issued pursuant to this Section shall not become a vested right in the permittee. The Department may deny or revoke any permit issued by it if it finds that the applicant:

(a)

Has submitted false or inaccurate information in his application;

(b)

Has violated or will violate law, Department orders, rules or regulations, or permit conditions pertaining to water well construction, repair or abandonment;

(c)

Has failed to submit reports or other information required by Board rule; or

(d)

Has refused lawful inspection under this Chapter.

(Ord. 2008-346-E, § 2)

Sec. 366.304. - Permit fees, exceptions.

(a)

Application for a well permit shall be accompanied by an application fee as required under Chapter 123.

(b)

No permit fee is required for well abandonment.

(Ord. 2008-346-E, § 2)

Sec. 366.305. - Well inventory and registry of wells.

(a)

The Director shall conduct, or cause to be conducted, an inventory of all wells within the City pursuant to the rules of the Board. The Director shall require at least the following information on each well inventoried:

(1)

Location of the well, by reference, to most detailed and exact property description possible.

(2)

Name and address of the owner, occupant or tenant of the property on which the well is located.

(3)

Depth and diameter of the well.

(4)

Whether the well is a free flowing well or requires pumping to remove the water from the ground.

(b)

Upon completion of the initial well inventory, the Director shall assemble and publish a register of wells within the City containing such factual and statistical data and information as the Director considers necessary.

(c)

The Director shall annually verify the accuracy of the inventory and register by conducting verification audits. The Director may conduct, or cause to be conducted, such supplemental inventories of the wells within the City as he considers necessary to check the accuracy of the register.

(d)

All persons owning or occupying any real property in the City, upon which are located wells subject to this Section, are responsible for reporting the existence of the well to the Director.

(Ord. 2008-346-E, § 2)

Sec. 366.306. - Contractor registration.

(a)

Any contractor who constructs wells or test foundation holes of any size in Duval County shall register with the Director in accordance with the rules of the Board. All persons required to be licensed by the SJRWMD must file copies of their certification or they may not perform well construction work in Duval County.

(b)

Persons exempted from the SJRWMD licensure requirements are exempted from these requirements.

(Ord. 2008-346-E, § 2)

Sec. 366.307. - Water supply system protection.

(a)

Owners and operators of water transmission and distribution systems shall properly maintain such systems at all time, and promptly repair all leaks and waste of water.

(b)

The Board shall develop rules adopting standards for backflow and cross-connection prevention. These rules shall only apply to backflow and cross-connection by the well owner at the well head or in its distribution system. The rules shall not apply to backflow and cross-connection in the distribution systems of public water supply systems. Such rules will incorporate substantive provisions of U.S. Environmental Protection Agency, the SJRWMD, and State rules of City utility specifications and of the City Land Application Procedures Manual.

(Ord. 2008-346-E, § 2)

Sec. 366.308. - Drainage or injection wells prohibited; exceptions.

(a)

Except as provided in (b), drilling drainage or injection wells deeper than 35 feet below ground level surface is prohibited.

(b)

Drilling drainage or injection wells deeper than 35 feet is permitted if the well is part of a heat pump system, or a component of a plan, approved by a federal, State or local environmental regulatory agency, to remediate contaminated soil or impacted groundwater; or a permitted alternate water supplementary storage and recovery well.

(Ord. 2008-346-E, § 2)

PART 4. - WELLHEAD PROTECTION[5]

Footnotes: --- (5) ---

Editor's note— Ord. 2008-346-E, § 1, amended the Code by repealing former Part 4, §§ 366.401—366.412, and renumbering former Part 6 as a new Part 4. Former Part 4 pertained to water shortages, and derived from Ord. 89-409-671 and Ord. 97-229-E.

Sec. 366.401. - Findings, purpose and intent.

(a)

The Council of the City of Jacksonville finds and declares that improperly constructed or maintained Hawthorne Group and Floridan Aquifer private wells in proximity to a Public Potable Water well within Duval County are potentially harmful to the drinking water supply of the City of Jacksonville. Further the Council finds that a Pathway Focused Approach to prevent migration of contamination from the shallow aquifer into the Floridan aquifer is reasonable and prudent to protect public water supplies.

(b)

The intent of this Part is to protect and safeguard the health, safety and welfare of the residents of Duval County by establishing a Pathway Focused Approach to wellhead protection that safeguards the Floridan aquifer from intrusion of any contaminants that may jeopardize present and future public water supply wells in the General Service District, less Urban Services Districts 2, 3, 4 and 5.

(c)

It is also the intent of the City of Jacksonville to augment the policies adopted in the Comprehensive Plan that address the protection of Public Potable Water wells.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3; Ord. 2009-360-E, § 1)

Note— Former § 366.601.

Sec. 366.402. - Application.

All provisions of this Part shall be effective within Duval County, Florida excluding Urban Services Districts 2—5.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.602.

Sec. 366.403. - Definitions.

The following definitions apply within this part:

(a)

Board: The City of Jacksonville Environmental Protection Board.

(b)

Director: The Director of the City's Environmental Resource Management Department.

(c)

Division: The City of Jacksonville Environmental Quality Division (EQD).

(d)

Contaminant: Any substance that, if introduced into a potable drinking water aquifer, could cause a water quality exceedance of a compound listed in the Florida Department of Environmental Protection (FDEP) Drinking Water Standards, Rule Chapter 62-550, Fla. Admin Code.

(e)

Faulty well: Any well completed into the Floridan Aquifer or Hawthorne Group which does not meet the requirements specified in Section 366.405(d), Ordinance Code.

(f)

Hawthorne well: Any well that penetrates a portion of the Hawthorne Group, with a screened or open hole segment terminating within the Hawthorne Group.

(g)

Pathway Focused Approach: The public drinking water supply protection strategy that focuses on identifying and eliminating wells that create a potential pathway through the Hawthorne Group for contamination to reach the Floridan aquifer, based on the premise that the Hawthorne Group is otherwise impenetrable to downward migration of contaminants.

(h)

Person: Has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(i)

Potable water: Water which is intended for drinking, culinary or domestic purposes subject to compliance with State and federal drinking water standards.

(j)

Private well: A shallow aquifer, Hawthorne, or Floridan well that is not a Public Potable Water well.

(k)

Public Potable Water well: Any water well completed into the Floridan Aquifer which supplies Potable water to a community water system or to a non-transient, non-community water system, as those terms are defined in Rule 62-521.200, Fla. Admin. Code. For the purposes of this Part, any Potable water well installed by an installation used to serve that installation's operation is excluded from this definition.

(l)

Public Water Supply Utility or Utility: The owner of a Public Potable Water well or Wellfield.

(m)

Risk of Contamination: The existence of a faulty Floridan or Hawthorne well located within a Wellhead Protection Area, a source of contamination, and a gradient in the shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public Potable Water well.

(n)

Wellfield: More than one Public Potable Water well owned by a Public Water Supply Utility in close proximity to each other.

(o)

Wellhead Protection Area: An area consisting of a 750 feet radial setback distance around a Public Potable Water well or Wellfield where the most stringent measures are provided to protect the ground water source for a potable water well and includes the surface and subsurface area surrounding the well.

(p)

Wellhead Protection Area Map: A map showing the location of the boundary of each of the Wellhead Protection Areas.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.603.

Sec. 366.404. - Establishing and Mapping Wellhead Protection Areas.

(a)

There is hereby established a Wellhead Protection Area around each Public Potable Water well and/or Wellfield.

(b)

Wellhead Protection Areas shall be mapped for the edification of the public and to assist the Division in safeguarding the ground water resource. The Wellhead Protection Area Maps shall be developed by the following procedure:

(1)

Within 90 days after the effective date of this Part, and using global positioning system technology or a survey by a Florida registered surveyor, each Public Water Supply Utility shall locate its Public Potable Water wells and/or Wellfields that are completed into the Floridan Aquifer. The location of such wells and/or wellfields shall be accurate to within 25 feet of their true location.

(2)

Using an electronic format prescribed by the Information Technology Division of the Department of Finance and Administration that is compatible with the City's geographic information system (GIS), each Public Water Supply Utility shall map each of its Public Potable Water wells. Within 120 days after the effective date, each Public Water Supply Utility shall submit to the City's Planning and Development Department and to the Division a map of its Public Potable Water wells and/or Wellfields and Wellhead Protection Areas. For good cause shown, the Utility may petition to the Division to waive the GIS format requirement and submit the mapping information in hard copy. If the Division waives the requirement for submitting mapping information in a format compatible with the City's GIS protocols, the Division shall input the mapping data into the GIS.

(3)

For Public Potable Water wells drilled after the effective date of this Part, the Utilities shall locate, map and submit siting information to the Division within 90 days after the well has been completed.

(4)

All maps shall be referenced to NAD 1983, Florida East State Plane coordinates, and specific information pertaining to the accuracy and projections of the coordinate data shall be submitted.

(c)

Upon completion of the Wellhead Protection Area Maps, the maps shall be adopted by rule in public hearing by the Board. The Division shall notify all property owners within the proposed Wellhead Protection Areas before final action by the Board in approving a Wellhead Protection Area Map for a Public Potable Water well or Wellfield.

(d)

The Wellhead Protection Area Maps developed as described in this Section shall be on file and maintained by the Division, and shall be integrated into the GIS administered by the Information Technology Division. The Environmental Protection Board shall approve any amendments, additions or deletions to such maps.

(e)

At least every three years and using information from the Utilities and other sources, the Division shall review Wellhead Protection Area Maps, revising them to accurately reflect changes in Wellfield configuration. However, failure to conduct such review shall not affect the validity of previously approved maps.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 366.604.

Sec. 366.405. - Investigations and Monitoring.

(a)

After the Board has approved the Wellhead Protection Area Map(s), the Division, using the City GIS system, shall map the location of all Private wells within the Wellhead Protection Area that are drilled into the Hawthorne Group or the Floridan Aquifer. The Division shall also map known sources of groundwater contamination in the surficial aquifer, the Hawthorne Group or the Floridan Aquifer within the Wellhead Protection Area. Thereafter, the Division shall conduct an investigation to determine whether any such site is, or is likely to contaminate the Floridan Aquifer within a Wellhead Protection Area.

(b)

The mapping and site investigation 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. In conducting the investigation, the Division 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.

(c)

Using the Division's and St. Johns River Water Management District (SJRWMD) water well database, the Division shall map private well locations within the Wellhead Protection Areas and shall assess the depth, use, and condition of each identified private well. If additional information is required to make such an assessment, the Division shall inspect the well and perform appropriate testing to complete the well evaluation. The Division shall identify wells known or likely to penetrate the Hawthorne Group and/or Floridan aquifer within each Wellhead Protection Area. Thereafter, the Division shall 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.

(d)

The Division shall assess whether any wells are located within, or downgradient in the shallow aquifer gradient from a contaminated site within a Wellhead Protection Area. The Division shall determine the condition of the well to prevent the downward migration of contaminants from the shallow aquifer to the Floridan Aquifer based on the applicable regulatory standards of design and installation, and proper maintenance practices including, but not limited to:

(1)

Proper grout seal outside of the casing;

(2)

Presence of an approved and certified back flow prevention device;

(3)

Proper sanitary seal on wellhead;

(4)

Concrete pad around wellhead;

(5)

Surface water drainage;

(6)

Well casing integrity;

(7)

Properly maintained pumping and distribution systems.

(e)

It shall be the responsibility of the Division to determine that a Public Potable Water well is at Risk of Contamination. Once this determination has been made, the Division shall notify the Public Water Supply Utility and identify the specific contaminants of concern.

Within 30 days after receiving the notice, the Public Water Supply Utility shall submit to the Division a proposed plan to sample the Public Potable Water well. The plan should reflect the configuration of the affected well or wellfield, any existing groundwater monitoring plan, and the level of concern regarding the potential for the contaminants to reach the Floridan Aquifer.

The Division shall review and approve the proposed groundwater monitoring plan before it is implemented by the Utility. The costs to execute the monitoring plan shall be the responsibility of the Utility. The results of the monitoring shall be supplied to the Division as specified in the monitoring plan.

In the event a monitoring plan is not approved within 60 days after the initial notification date, the Director may order the Public Water Supply Utility to implement a monitoring plan recommended by the Division. A Public Water Supply Utility may request the Director to reconsider an order to implement a monitoring plan or appeal the order to the Board as provided in Section 360.112, Ordinance Code.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.605.

Sec. 366.406. - Prohibitions in Wellhead Protection Areas.

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 are 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 Division as provided in Environmental Protection Board Rule 8 and including a review of areas of known contamination at or near the proposed or existing well location. 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 Division.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.606.

Sec. 366.407. - Requirements within Wellhead Protection Areas.

The following requirements apply to all Hawthorne Group and Floridan Aquifer wells, including Private wells, within the boundary of a Wellhead Protection Area:

(a)

All Floridan and Hawthorne wells shall be inspected by the Division within five (5) years of the effective date of this ordinance and once again within every ten (10) years thereafter. The Division shall prioritize such wells and shall first inspect and reinspect those wells that, in its opinion, pose the greatest threat to the Floridan Aquifer.

(b)

Floridan Aquifer wells shall have a back flow prevention device in compliance with local plumbing code and EPB rules.

(c)

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 five feet by five feet and at least three inches 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.

(d)

Floridan Aquifer wells shall be drilled, maintained and repaired according to the standards of the Board and Rule Chapters 62-524 and 40C-3, Fla. Admin. Code.

(e)

The Division 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 the downward migration of contamination from the shallow aquifer to the Floridan Aquifer shall be either 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 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. The Division shall inspect the well to confirm that it has been properly abandoned, repaired or replaced, and the abandonment, repair or replacement shall be entered into a database of well-related information maintained by the Division. Failure to properly repair or abandon a Private Faulty well, pursuant to the requirements of this Section, shall be subject to enforcement pursuant to Part 2 of this Chapter.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.607.

Sec. 366.408. - Notice of Release or Spill of Contaminants in Wellhead Protection Areas.

(a)

The Emergency Preparedness Division shall coordinate with the State Warning Point. When an incident occurs within a Wellhead Protection Area that is reported to the State Warning Point, the Emergency Preparedness Division shall report the incident to the Environmental Quality Division and all Public Water Supply Utilities with an affected Wellhead Protection Area within 24 hours after receiving notice of the incident from the State Warning Point.

(b)

Whenever, within a Wellhead Protection Area, the Environmental Quality Division is aware of an incident that may reasonably be expected to adversely affect a Public Potable Water well, the Division shall notify affected Public Water Supply Utilities, regardless of whether the incident was reported to the State Warning Point.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.608.

Sec. 366.409. - Authority and Responsibilities of the Division.

The Division under direction of the Board shall have the following powers and duties:

(a)

Administer and enforce the provisions of this Part pursuant to Part 2 of this Chapter.

(b)

Render all possible assistance and technical advice to private well owners, except that the Division shall not design facilities.

(c)

Perform such other administrative duties as may be assigned by the Board.

(d)

The Division shall have the right to inspect facilities in accordance with Sections 366.212, 366.213, 366.217 and 366.306, Ordinance Code to determine compliance with this Part.

(Ord. 2004-973-E, § 2; Ord. 2008-346-E, § 3)

Note— Former § 366.609.

PART 5. - WATER CONSERVATION AND LANDSCAPE IRRIGATION[6]

Footnotes: --- (6) ---

Editor's note— Ord. 2008-30-E, § 2, amended the Code by repealing former Part 5, §§ 366.501—366.505, and adding a new Part 5. Former Part 5 pertained to similar subject matter, and derived from Ord. 89-409-671.

Sec. 366.501. - Water conservation planning.

The Director shall cooperate with the SJRWMD and all utilities located in Duval County in water conservation planning for Duval County, in accordance with Section 366.102(g).

(Ord. 2008-30-E, § 2)

Sec. 366.502. - Landscape irrigation intent, jurisdiction and purpose.

The City recognizes that the St. Johns River Water Management District has responsibility and exclusive authority under F.S. Ch. 373, for regulating the consumptive use of water. The District has adopted Rule 40C-2.042(2)(a) and (b), F.A.C. as its General Permit by Rule for landscape irrigation uses that do not meet or exceed any consumptive use permitting thresholds in Rule 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), and (10), F.A.C. SJRWMD Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for landscape irrigation, provided the irrigation occurs in accordance with the provisions of the rule, provided the amount of water used is limited to only that necessary for efficient utilization, and provided the irrigation does not occur more than two days per week during Daylight Savings Time or one day per week during Eastern Standard Time, as further described in Section 366.504, and does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily, subject to certain exceptions. Rule 40C-2.042(2)(a), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility. Rule 40C-2.042(2)(b), F.A.C., provides that a local government may adopt an ordinance to enforce SJRWMD Rule 40C-2.042(2)(a) as provided herein. It is the intent and purpose of this Part to assist the SJRWMD in implementing its F.A.C. Rule 40C-2.042(2)(a) and thereby to implement procedures that promote water conservation through more efficient landscape irrigation.

Notwithstanding the provisions of Section 366.105, this Part 5, shall apply only within the General Service District, less Urban Services Districts 2, 3, 4 and 5.

(Ord. 2008-30-E, § 2; Ord. 2009-360-E, § 1; Ord. 2016-404-E, § 1)

Sec. 366.503. - Definitions.

As used in this Part, the following terms, phrases, words and their derivatives shall have the meaning given herein.

(a)

Address means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7,9 or the letters N-Z.

(b)

Landscape irrigation means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. The term does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as, but not limited to, playgrounds and football, baseball and soccer fields.

(c)

Micro-irrigation system means a micro-spray, micro-jet or drip irrigation system.

(d)

Nonresidential landscape irrigation means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way.

(e)

Residential landscape irrigation means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes.

(Ord. 2008-30-E, § 2; Ord. 2016-404-E, § 1)

Sec. 366.504. - Landscape irrigation schedule.

(a)

During the time period when Daylight Savings Time is in effect, the following landscape irrigation schedule shall apply and is limited to only that necessary for efficient utilization. No more than ¾-inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than one hour per irrigation zone, on each of the following specified irrigation days:

(1)

Landscape irrigation at odd numbered residential addresses or places without an address shall occur only on Wednesday and Saturday and not between 10:00 a.m. and 4:00 p.m.;

(2)

Landscape irrigation at even numbered residential addresses shall occur only on Thursday and Sunday and not between 10:00 a.m. and 4:00 p.m.;

(3)

Nonresidential landscape irrigation shall occur only on Tuesday and Friday and not between 10:00 a.m. and 4:00 p.m.

(b)

During the time period when Eastern Standard Time is in effect, the following landscape irrigation schedule shall apply to both residential and nonresidential landscape and property owners are advised to limit landscape irrigation to only that necessary for efficient utilization. No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than one hour per irrigation zone on each of the following specified irrigation days:

(1)

Landscape irrigation at odd numbered residential addresses or at places without an address shall occur only on Saturday and not between 10:00 a.m. and 4:00 p.m.;

(2)

Landscape irrigation at even numbered residential addresses shall occur only on Sunday and not between 10:00 a.m. and 4:00 p.m.;

(3)

Nonresidential landscape irrigation shall occur only on Tuesday and not between 10:00 a.m. and 4:00 p.m.

(c)

All landscape irrigation shall be limited to only that needed to meet landscape needs.

(d)

Where reclaimed water is available, the use of private irrigation wells for landscape irrigation is not authorized under subsection 40C-2.042(2), F.A.C. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection.

(e)

Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred.

(Ord. 2008-30-E, § 2; Ord. 2009-360-E, § 1; Ord. 2016-404-E, § 1)

Sec. 366.505. - Exceptions to landscape irrigation schedule.

Landscape irrigation is subject to the following exceptions:

(a)

Irrigation using a micro-irrigation or bubbler irrigation system is allowed anytime provided the amount of water used is limited to only that necessary for efficient utilization.

(b)

Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days following installation and on every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

(c)

Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application. Watering in of chemicals shall not exceed ¼-inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

(d)

Irrigation systems may be operated any time of day, on any day, for maintenance and repair purposes not to exceed 20 minutes per hour per zone.

(e)

Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed anytime.

(f)

Discharge of water from a water-to-air air-conditioning unit or other water-dependent cooling system is not limited.

(g)

The use of water from a reclaimed water system is allowed any day, but not between 10:00 a.m. and 4:00 p.m. For the purpose of this subsection, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. This exemption promotes use of reclaimed water and aids area utilities in expanding reclaimed water availability and distributing more reclaimed water to reduce treated effluent discharge to the river.

(h)

The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water or public supply sources.

(Ord. 2008-30-E, § 2; Ord. 2009-360-E, § 1; Ord. 2016-404-E, § 1)

Sec. 366.506. - Variance from specific day of the week limitations.

A variance from the Landscape Irrigation Schedule set forth in Section 366.504, above may be granted if strict application of that schedule would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the schedule will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than 2 days a week during the time period when Daylight Savings Time is in effect, from the second Sunday in March to the first Sunday in November, and no more than 1 day per week during the time period when Eastern Standard Time is in effect, from the first Sunday in November to the second Sunday in March.

(Ord. 2008-30-E, § 2)

Sec. 366.507. - Penalties.

Violation of any provision of this Part is subject to the following penalties:

EXPAND First violation Written warning Second violation $50 ticket Subsequent violations $250 ticket

Each day upon which a violation occurs shall be considered a separate offense. No violator shall be granted more than one warning. In addition to the ticketing authority provided in this Section, nothing shall prevent the City from instituting any other enforcement mechanism authorized in this Chapter, including injunctive relief. Further the provisions of this Part may be enforced as provided in Sections 366.210 and 366.211.

(Ord. 2008-30-E, § 2)

Sec. 366.508. - Enforcement and information.

This Part may be enforced by the Director, his authorized representative, the Jacksonville Sheriff's Office, and any law enforcement officer of the State. Water supply utilities shall annually notify their customers of the foregoing irrigation regulations at a minimum of twice annually in months that provide pre-growing seasonal conservation reminders.

(Ord. 2008-30-E, § 2)

Sec. 366.509. - Severability.

It is the intent of the Council that if any section, subsection, clause, phrase, part or provision of this Part is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Part.

(Ord. 2008-30-E, § 2)

PART 6. - FERTILIZER APPLICATION

Sec. 366.601. - Findings, purpose and intent.

(a)

The Council finds and declares that discharges to surface water bodies have resulted in a finding that certain Duval County surface water bodies are exceeding allowable limits for nutrients that are commonly found in fertilizers. These exceedances have led to harmful algal blooms in the Lower St. Johns River and its tributaries and must be reduced in order to comply with the Nutrient Total Maximum Daily Load for the Lower St. Johns River established under the Clean Water Act.

(b)

The pollution created by excessive nutrient loading directly and negatively impacts the use and enjoyment of the water bodies by the City of Jacksonville citizens and visitors.

(c)

There are many sources of the nutrients affecting the water bodies, one of which is directly related to excessive or improper fertilization of public, commercial and residential turf and landscape plants. When such fertilizer is inappropriately applied, excess nutrients not absorbed by plants discharge into stormwater treatment systems, surface waters and groundwater within the City. Stormwater and groundwater discharges that contain excessive nutrient levels can lead to overgrowth of vegetation in the natural and artificial drainage features, resulting in the decreased functionality of the drainage feature and causing upland flooding, excessive maintenance costs and efforts, and damage to the natural environment.

(d)

Effective and comprehensive regulation of fertilizer application by public and commercial applicators and introduction of a concerted public education program will be effective in eliminating the harmful environmental impacts caused by improper fertilizer application.

(e)

The purpose and intent of this Part is to protect and safeguard the surface waters and groundwater within the City from excessive and harmful nutrient levels associated with improper fertilization techniques and materials handling, thereby protecting public health, safety and welfare.

(f)

It is also the purpose and intent of this Part to augment the policies adopted and contained in the Conservation/Coastal Management Element of the City's Comprehensive Plan pertaining to the protection of the surface water resources within the City.

(Ord. 2008-28-E, § 1)

Sec. 366.602. - Jurisdiction.

Notwithstanding the provisions of Section 366.105, this Part 6, shall apply only within the General Service District, less Urban Services Districts 2, 3, 4 and 5.

(Ord. 2008-28-E, § 1; Ord. 2009-360-E, § 1)

Sec. 366.603. - Definitions.

As used in this Part, the following words and phrases shall have their indicated meanings. In the event that a term is not defined in this Part, but is defined elsewhere in this Chapter, the given definition will apply.

(a)

Application or Apply shall mean the actual physical deposit of Fertilizer to Turf or Landscape Plants.

(b)

Applicator shall mean any Person who applies Fertilizer on Turf and/or Landscape Plants in Duval County.

(c)

Best Management Practices (BMPs) shall mean turf and landscape practices or combination of practices based on research, field-testing and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

(d)

Bulk Storage Facility shall mean any business, person, entity or agent which annually sells in the aggregate 10,000 pounds or more of Fertilizer products to small or individual consumers for personal application.

(e)

Commercial Fertilizer Applicator shall mean any Person who applies Fertilizer on Turf and/or Landscape Plants in Duval County in exchange for money, goods, services or other valuable consideration.

(f)

Department shall mean the Neighborhoods Department.

(g)

Fertilize, Fertilizing or Fertilization shall mean the act of applying Fertilizer to Turf, specialized Turf or Landscape Plant.

(h)

Fertilizer shall mean any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

(i)

Guaranteed Analysis shall mean the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a Fertilizer.

(j)

Institutional Applicator shall mean any Person, other than a non-commercial or commercial Applicator (unless such definitions also apply under the circumstances), that applies Fertilizer for the purpose of maintaining Turf and/or Landscape Plants. Institutional Applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

(k)

Landscape Plant shall mean any native or exotic tree, shrub, or groundcover (excluding Turf).

(l)

Lawn, Sod or Turf shall mean a piece of grass-covered soil held together by the roots of the grass.

(m)

Low Maintenance Zone shall mean an area a minimum of six (6) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

(n)

Pasture shall mean land used for livestock grazing that is managed to provide feed value.

(o)

Prohibited Application Period shall mean the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning, or a 3-day Cone of Uncertainty is in effect for any portion of Duval County, issued by the National Weather Service, or if heavy rain is expected.

(p)

Slow Release, Controlled Release, Slowly Available, Timed Release, or Water Insoluble Nitrogen shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a reference rapid or quick release product.

(q)

Vegetative debris or vegetative material shall mean all plant life collectively.

(Ord. 2008-28-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 366.604. - Fertilizer Content and Application Rates.

(a)

No Applicator shall apply Fertilizers containing nitrogen and/or phosphorus to Turf and/or Landscape Plants during the Prohibited Application Period.

(b)

Fertilizers Applied to Turf and/or Landscape Plants within Duval County shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers.

(c)

Fertilizers shall be applied to Turf and/or Landscape Plants at the lowest rate necessary. Nitrogen shall not be applied at an application rate greater than 0.7 lbs. of readily available nitrogen per 1000 ft 2 at any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb. total N per 1000 ft 2 to be applied at any one time and not to exceed the annual nitrogen recommendations below:

Bahia grass, 2—3 lbs. N/1000 ft 2 /year.

Bermuda grass, 3—5 lbs. N/1000 ft 2 /year.

Centipede grass, 1—2 lbs. N/1000 ft 2 /year.

St. Augustine grass, 2—4 lbs. N/1000 ft 2 /year.

Zoysia grass, 3—5 lbs. N/1000 ft 2 /year.

(d)

For new Turf or Landscape Plants that are being installed or established, a one-time use of starter fertilizer as described in Rule 5E-1.003, Florida Administrative Code, shall be allowed at an application rate not to exceed 1.0 lb. of P 2 O 5 /1,000 ft 2 .

(e)

No person shall apply phosphorus Fertilizer to existing Turf and/or Landscape Plants within Duval County at application rates which exceed 0.25 lbs. of P 2 O 5 /1,000 ft 2 per application nor exceed 0.50 lbs. of P 2 O 5 /1,000 ft 2 per year.

(f)

No person shall apply nitrogen or phosphorus fertilizer to Turf or Landscape Plants except as provided above unless a soil or tissue deficiency has been verified by a University of Florida IFAS, or other accredited laboratory, approved test.

(Ord. 2008-28-E, § 1)

Sec. 366.605. - Impervious Surfaces.

No person shall apply, spill, or otherwise deposit Fertilizer on any impervious surfaces. Any Fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Fertilizer released on an impervious surface must be immediately contained and either legally applied to Turf or any other legal site, or returned to the original or other appropriate container. No person shall wash, sweep, or blow Fertilizer off of impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Section 366.614, Ordinance Code, is applicable to certain Fertilizer spills and may require that notification of a spill be provided to the Department.

(Ord. 2008-28-E, § 1)

Sec. 366.606. - Fertilizer Free Zones.

No person shall apply Fertilizer within ten feet, or three feet if a deflector shield or drop spreader is used, of any pond, stream, water course, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall. Newly planted Turf and/or Landscape Plants may be fertilized in this Zone only for the first 60-day establishment period after planting.

(Ord. 2008-28-E, § 1)

Sec. 366.607. - Low Maintenance Zones.

A Low Maintenance Zone shall be established by no later than one year from the effective date of this ordinance. The Low Maintenance Zone shall be a minimum of six feet from any pond, stream, water course, lake, wetland or seawall. A swale/berm system is recommended for installation at the landward edge of this Low Maintenance Zone to capture and filter runoff. No mowed or cut vegetative material shall be deposited or left remaining in the Low Maintenance Zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products into the Low Maintenance Zone.

(Ord. 2008-28-E, § 1)

Sec. 366.608. - Mode of Application.

Spreader deflector shields are required when Fertilizing via rotary spreaders. Deflectors shall be positioned such that Fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands.

(Ord. 2008-28-E, § 1)

Sec. 366.609. - Management of Grass Clippings and Vegetative Matter.

No person shall wash, sweep, or blow off grass clippings, vegetative material and/or vegetative debris into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways.

(Ord. 2008-28-E, § 1)

Sec. 366.610. - Exemptions.

The provisions set forth above in this Ordinance shall not apply to:

(a)

Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, Florida Statutes, provided that fertilizers are applied in accordance with the appropriate Best Management Practices Manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question.

(b)

Other properties not subject to or covered under the Florida Right to Farm Act that have Pastures used for grazing livestock provided that fertilizers are applied in accordance with the appropriate Best Management Practices Manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the particular crop in question.

(c)

Golf courses provided that the latest edition of Best Management Practices for Florida Golf Courses is followed when applying fertilizer to golf course practice and play areas.

(Ord. 2008-28-E, § 1)

Sec. 366.611. - Public Education.

(a)

To assist in public information, the education of its citizens and the effective implementation of this Part, the Department will coordinate its efforts with those of the St. Johns River Water Management District, the UF-IFAS-Cooperative Extension Service and any other agencies. These entities should jointly sponsor frequent workshops on the design principles and standards, as well as maintenance, of Florida Friendly Landscapes.

(b)

The University of Florida IFAS Florida Yards and Neighborhoods Handbook May, 2001 as updated, for protecting water resources in Florida is on file with the Legislative Services Division as a model method to Commercial Fertilizer Applicators and the public concerning Fertilization, irrigation and pesticide practices. A copy may be obtained by contacting the Department or by visiting the City's website.

(c)

The Department will make available other public education materials at appropriate libraries and retail stores, as well as on the City's website.

(d)

The Department will provide periodic public notices, especially immediately prior to Prohibited Application Periods summarizing the requirements of this Part.

(e)

Commercial Fertilizer Applicators shall provide a copy of the approved Surface and Groundwater Protection Brochure to all customers within the regulated areas at the time of their first treatment after May 15 of each year.

(Ord. 2008-28-E, § 1)

Sec. 366.612. - BMP and Training Requirements.

(a)

All Applicators of Fertilizer, who apply fertilizer within Duval County, other than golf course applicators and private homeowners, or their tenants, on their own property, shall abide by and successfully complete Florida Green Industries BMP training, providing training and continuing education requirements in minimizing nitrogen leaching and phosphorus runoff from fertilizer applications.

(b)

Golf course applicators shall abide by and successfully complete Florida Department of Environmental Protection Golf Course BMP training, providing training and continuing education requirements in environmental stewardship and pollution prevention at golf courses.

(c)

Non-commercial applicators, other than golf course applicators, are required to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.

(d)

Any retail facility that sells fertilizer products, such as garden centers, nurseries or other similar establishments are encouraged to designate at least one management employee to complete the University of Florida IFAS Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, as updated, and to implement an internal training program for other employees who interact with fertilizer customers.

(Ord. 2008-28-E, § 1)

Sec. 366.613. - Recordkeeping Requirements.

(a)

Commercial and Institutional Fertilizer Applicators shall maintain adequate records that demonstrate compliance with this Part. Invoices and account histories documenting fertilizer content and application rates, as well as date of application, shall be retained for three years and must be made available at the place of business during normal business hours upon request by the Department.

(b)

Upon Department request, all Applicators, other than private homeowners, shall provide proof of completion of the training required in Section 366.612 above.

(Ord. 2008-28-E, § 1)

Sec. 366.614. - Bulk Storage Facility Requirements.

(a)

All Bulk Storage Facilities shall comply with the IFAS Green Industries Best Management Practices fertilizer storage and handling requirements as set forth in Appendix C of Florida Green Industries, Best Management Practices for Protection of Water Resources in Florida, June 2002.

(b)

All Bulk Storage Facilities shall also comply with the following requirements:

(1)

Fertilizer transportation and application equipment shall be a sufficient distance away from, storm drains, ditches and canal banks to avoid a fertilizer spill entering surface waters;

(2)

Fertilizer solution tanks shall not be rinsed directly or directly emptied into streams, canals, other water bodies, or on roadways;

(3)

All personnel involved in handling fertilizer material at the bulk storage facility shall be properly trained. The facility shall maintain documentation of training for each person involved in handling fertilizer material.

(4)

Fertilizer transportation and application equipment shall be parked only on designated paved sites with runoff controls.

(5)

Buckets, shovels, and absorbents shall be readily available for immediate cleanup.

(6)

Containers of liquid fertilizer shall be stored inside of secondary containment that provides capacity equal to the largest container stored within.

(c)

Bulk Storage Facilities shall have a written spill containment plan on site that is readily available to all personnel involved in the handling and spreading of fertilizer. The written spill containment plan shall include the following:

(1)

An identification of the personnel responsible for cleanup and a chain-of-command for documenting remedial actions taken.

(2)

The procedures to be followed when cleaning up a spill, including the location of cleanup materials, including but not limited to, absorbents, tarps, buckets, and shovels;

(3)

The materials used to train facility personnel in spill cleanup procedures.

(4)

The telephone number of the Environmental Quality Division to be used by facility personnel to notify the Division of reportable spills.

(d)

Bulk Storage Facilities shall report any fertilizer spills that are either ten gallons liquid or ten pounds dry to the Environmental Quality Division within 24 hours of the spill occurring. Any Fertilizer spill occurring inside of a Bulk Storage Facility building that does not have a floor drain and where the spill does not leave the enclosed building is not required to be reported to the Division.

(e)

The Department shall annually inspect each facility regulated under this Section to review the facility's best management practice manual and spill containment plan to ensure compliance with the provisions of this Section.

(Ord. 2008-28-E, § 1)

Sec. 366.615. - Violations.

The enforcement provisions of Section 366.206, Section 366.207 and Section 366.208 shall be applicable to violations of this Part.

(Ord. 2008-28-E, § 1)

Sec. 366.616. - Public Nuisance Declaration.

Violations of this Part are hereby declared public nuisances and may be abated or enjoined pursuant to the authority of the Department in Part 2 of this Chapter.

(Ord. 2008-28-E, § 1)

Sec. 366.617. - Severability.

It is the intent of the Council that if any Section, subsection, clause, phrase, part or provision of this Part is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Part.

(Ord. 2008-28-E, § 1)

Sec. 365.406. - Judicial Remedy. Chapter 368 - NOISE CONTROL