§ 50-284. Wellfield protection zone permit.

(a)

Discharge of hazardous substances. Except as otherwise provided in this section and in sections 50-282 and 50-275, no person shall construct, modify, install or replace a hazardous substance storage system or component thereof or be issued a permit within the primary or secondary potable wellfield protection zone or allow the discharge of a hazardous substance into the soils, groundwater or surface water within said zone. Underground vehicular fuel storage subject to chapter 62-761 et seq., Florida Administrative Code, is exempt from these permit requirements.

(b)

General permit requirements.

(1)

Application. Application for a wellfield protection permit, or renewal thereof, shall be made and completed in the manner and on the forms prescribed by the local government. The application shall be completed with all requested information and shall be signed by the owner or operator, as applicable. The completed application shall be submitted to the local government, together with the appropriate permit fee as established by the local government.

(2)

Issuance. The local government shall issue or renew said permit upon the applicant's demonstration that all containment standards required by this division and other applicable regulations have been met and upon receipt of the appropriate fee.

(3)

Contents; effect. Said permit, when issued, shall be in the name of the owner or operator, as applicable, which name may be that of an individual, firm, association, joint venture, corporation, partnership, governmental entity or other legal entity. A permit shall specify the regulated facility covered by the permit. Said permit may cover one or more hazardous substance storage systems located at the same facility. Said permit shall provide conditions necessary to ensure that the provisions of this article are met. Commencement of construction of a regulated facility under a wellfield protection permit shall be deemed acceptance of all conditions specified in the permit.

(c)

Additional information and documentation. When a wellfield protection permit is required, the following information and accompanying documentation as may be applicable shall be submitted to the local government, together with the completed application:

(1)

Construction plans and specifications for the hazardous substance storage system shall be submitted, including but not limited to details of tanks, conveyance and pumping systems, secondary containment, leak detection, overfill protection and access. At the option of the local government, a professional engineer licensed by the state may be required to certify compliance with this division.

(2)

Prior to any person causing, allowing, permitting or suffering the placement of any hazardous substance in a storage system covered by a wellfield protection permit, pursuant to this division, the owner or operator shall demonstrate that the system has been constructed in substantial conformity with the permit.

(3)

Upon closure of a hazardous substance storage system, the facility owner or operator shall notify the local government of intention to close the storage system.

(d)

Denial, suspension or revocation. The local government may deny, suspend or revoke a permit for failure to comply with this division and/or the conditions of any permit issued pursuant to this division. The local government may revoke any permit issued pursuant to this division on a finding that the permit holder or his agent:

(1)

Knowingly submitted false or inaccurate information in the application or operational reports.

(2)

Has violated the provisions of this division or permit conditions.

(3)

Has refused lawful inspections as required by this division.

(Ord. No. 88-15, § 709.00, 5-19-88; Ord. No. 90-9, § II, 3-1-90; Ord. No. 00-35, § 7, 11-9-00)