Infrastructure Appendix
Existing Regulatory Framework for Wastewater
Federal
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. The Florida Department of Environmental Protection (FDEP) is responsible for carrying out the Clean Water Act at the State level.
State
The centralized wastewater treatment facilities in the County are surface water dischargers or discharge into groundwater. Systems that discharge into surface waters such as the Navarre Beach WTF are subject to the National Pollutant Discharge Elimination System (NPDES) requirements. Other facilities in the County are authorized as groundwater dischargers through land-application or beneficial reuse of reclaimed water. The FDEP is responsible for the overall policy, including permitting, compliance and enforcement, on the Department's wastewater programs, both domestic and industrial wastewater, and coordination of the federally authorized NPDES program.
The Florida Department of Health or Santa Rosa County Health Department regulates septic tank and drain field installation in the State. Within each County, the DOH has an office to regulate septic systems. These regulations have been adopted by rule in Chapter 64E-6. While 64E-6 does not set the criteria for septic tank effluent quality, it does require that septic tanks are installed in such a manner that, with reasonable maintenance, they will not create a health hazard or endanger the safety of any domestic water supply (groundwater or surface water). In addition, 64E-6 also establishes criteria for mandatory connections to wastewater and potable water systems.
The Florida Public Service Commission has the responsibility for regulating the rates and service of privately-owned water and sewer utilities in counties where the Board of County Commissioners has officially transferred jurisdiction to the commission. This authority was set out by Chapter 367, F.S., in the "Water and Wastewater System Regulatory Law." The commission establishes service standards which regulated utilities must meet. Section 367.171 provides for the adoption of a resolution where counties may transfer authority to regulate services to the Public Service Commission. Santa Rosa County has not transferred jurisdiction to the Florida Public Service Commission and the wastewater utilities within the County are overseen by County ordinance (Chapter 22 of the County's Code of Ordinances).
Regional
The West Florida Regional Planning Council adopted the Strategic Regional Policy Plan (SRPP) in 1996. This document provides a long-range guide for the economic, physical, and social development of West Florida. The SRPP contains broad based goals related to sewer infrastructure. In addition, the Walton/Okaloosa/Santa Rosa Regional Utility Authority (RUA), which is staffed by the West Florida Regional Planning Council, was created in 1999 as a means to address water supply needs and protection of water resources on a regional level. The RUA is comprised of the counties of Walton, Okaloosa and Santa Rosa and the municipalities of Destin, Fort Walton Beach, Gulf Breeze, Mary Esther and Niceville.
Local
Chapter 22 of the County's Code of Ordinances serves to regulate public utilities including wastewater and potable water facilities within the County. These regulations include the issuance and modification of franchise certificates, franchise operation, utility rate increase requests, operational procedures, abandonment of facilities, and reports.
Article 5 of the County's Land Development Code addresses Concurrency Management. In relation to sanitary sewer facilities, these regulations provide the County with guidelines for determining the availability of adequate facility capacity in the evaluation of development orders, provides criteria for concurrency review of these development orders, and provides level of service standards for these facilities.
The Santa Rosa Environmental Health Department is responsible for permitting, installation and operation of septic tanks and drain fields within the County. The Health Department follows guidelines established by DOH and DEP. The Health Department also oversees monitoring of septic tanks once in operation if there is any evidence of contamination to ground or surface water supply. This monitoring process is done in accordance with DEP and DOH standards.
Package treatment plants are also under the jurisdiction of the County Health Department in accordance with county and state regulations. Before any building permit is issued, septic tank sites and package treatment plant sites have to be inspected. Septic tanks and package treatment plants have to be operating properly before the permit is issued.
Existing Regulatory Framework for Solid Waste
The potential environmental impacts of solid waste facilities have led to the development of an extensive network of permitting requirements at the federal, state, regional and local level. An overall discussion of the regulatory framework that has been developed will help put in perspective the issues that must be addressed in waste management, and to describe what agencies are mandated to help manage waste.
Federal
The U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (DEP) review facilities with impacts on air and water quality. In contrast, in areas where dredging and filling may occur, the U.S. Army Corps of Engineers (USACE) must also review the facilities.
In relation to hazardous waste regulation on the federal level, the United States established the "Resource and Recovery Act" (RCRA)(US Public Law 94-580) in 1976. The Act established a means of monitoring hazardous waste by directing the EPA to develop a national program to regulate and manage the production and disposal of hazardous waste and provide incentives for states to adopt consistent programs. The RCRA further required the EPA to establish standards necessary to protect the human health and the environment from hazardous and toxic waste. The RCRA gives States with approved programs primary responsibility for hazardous waste management. Under this Act, the EPA is responsible for developing regulations in four major areas, which include:
1)
The establishment of a manifest system to track the movement of hazardous waste from "cradle to grave;"
2)
Development of criteria to identify what constitutes a hazardous waste, and a listing of hazardous wastes;
3)
Promulgation of standards for generators, transporters, owners and operators of treatment, storage and disposal facilities for hazardous waste with permit requirements for all such facilities; and
4)
The establishment of state-based waste management programs.
In addition, the RCRA sets guidelines for the development of solid waste management plans, prohibits open dumping (while requiring the closure or upgrading of existing dumps), and regulates underground storage tanks. The Act also encourages public participation in the regulatory process. Regulations are enforced through civil penalties, civil actions for injunctive relief and judicial penalties. RCRA specifies that generator standards include specific requirements for the record keeping, reporting, use of appropriate containers, container labeling, providing information on the chemical composition of the waste and compliance with the manifest system. Similarly, transporter standards also include record keeping requirements, labeling requirements, and requirements for compliance with the manifest system. These standards also restrict the transportation of hazardous waste to permitted facilities only. The Hazardous and Solid Waste Amendments of 1984 serve to expand and strengthen these provisions and broaden those subject to federal hazardous waste regulations to include small quantity generators (SQGs).
In 1998, the U.S. EPA established the National Comprehensive Emergency Response and Compensation Liability Act (CERCLA), also known as the EPA "Superfund Program." This act gave the EPA the authority to respond to incidents requiring hazardous waste site clean-up and emergency mitigation and provided funding for site clean-up. The Act also defined the liability of a business engaged in hazardous waste generation, transport and disposal, provided for enforcement measures, and establishes priority of the sites and selects sites for clean-up and mitigation when needed.
State
To parallel the legislative efforts of the EPA, Florida has taken sound steps in managing solid and hazardous waste generation and disposal within the state boundaries. Chapter 403.700, F.S., has delegated regulatory responsibility on the state level to the Department of Environmental Protection (FDEP). The applicable FDEP regulations governing solid and hazardous waste facilities are contained in Chapter 62-4, and 62-701 through 62-788, F.A.C. In addition, surface water facilities require permit review by the regional water management district (Northwest Florida), which are also responsible for state level review for water quality and quantity impacts.
In 1980, the Florida Legislature passed the Florida Resource Recovery and Management Act (FRRMA). This act adopted the federal guidelines and directed the Florida Department of Environmental Protection (FDEP) to develop and implement a hazardous waste management program. Amendments to the FRMMA in 1983 provided directions and funds to establish a cooperative hazardous waste management program between local, regional and state levels of government. Regulation of hazardous wastes by the Department of Environmental Protection is performed under Chapter 62-730, F.A.C. This section contains requirements for Treatment, Storage and Disposal (TSD) Facilities, Large Quantity Generator (LQG) facilities, Small Quantity Generator (SQG) facilities, and Conditionally-Exempt Small Quantity Generator (CESQG) facilities.
In 1988, the legislature passed the Solid Waste Management Act titled "An Act Relating to Waste Management" (Chapter 88-130, F.S.) pertaining to a wide variety of solid waste issues. The Act was designed to reduce the amount of waste being generated by the public and encouraged recycling, composting and other methods of solid waste management and resource recovery. The basic goal was to reduce the amount of solid waste by 30% before it is incinerated or landfilled. It provided for grants to assist local governments in achieving this goal and stipulated that governments that fail to implement recycling programs will be ineligible for such grants.
In addition, impacts on air and water quality are reviewed by FDEP, along with the U.S. EPA. Similarly, actual construction and operation of solid waste facilities require further permits and review by the State Department of Environmental Protection (FDEP).
Regional
The Northwest Florida Water Management District (NWFWMD) implements regional regulations relevant to the Solid Waste Sub-Element. These regulations include the issuance of consumptive use permits (CUPs) and state level review for water quality and quantity impacts, as discussed in the previous section (State level regulations).
Local
Solid waste planning, regulation, and management on the local level occurs through the Santa Rosa County Environmental Department, which operates under state regulations. The Environmental Department is responsible for processing permit applications for new facilities and ensuring existing facilities are operating properly.
Chapter 18 of the County's Code of Ordinances regulates the accumulation, collection, transportation and disposal of solid waste in the County. Chapter 10 of the Code of Ordinances regulates the accumulation, collection, transportation and disposal of hazardous waste in the County.
Existing Regulatory Framework for Stormwater
Federal
The three primary agencies responsible for regulation of stormwater management in the United States are the U.S. Environmental Protection Agency (EPA), the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE). EPA regulatory framework includes the implementation of the Clean Water Act of 1987 and Section 208 of the Federal Water Pollution Control Act.
EPA controls storm water and sewer overflow discharges through the National Pollutant Discharge Elimination System (NPDES). NPDES provides guidance to municipalities and state and federal permitting authorities on how to meet stormwater pollution control goals as flexibly and cost-effectively as possible.
The U.S. Environmental Protection Agency (EPA) developed the federal National Pollutant Discharge Elimination System (NPDES) stormwater permitting program in two phases. Phase I, promulgated in 1990, addresses the following sources:
• "Large" and "medium" municipal separate storm sewer systems (MS4s) located in incorporated places and counties with populations of 100,000 or more, and
• Eleven categories of industrial activity, one of which is large construction activity that disturbs 5 or more acres of land.
Phase II, promulgated in 1999, addresses additional sources, including MS4s not regulated under Phase I, and small construction activity disturbing between 1 and 5 acres. A municipal separate storm sewer system (MS4) is a publicly-owned conveyance or system of conveyances (i.e., ditches, curbs, catch basins, underground pipes, etc.) that is designed or used for collecting or conveying stormwater and that discharges to surface waters of the State. An MS4 can be operated by municipalities, counties, drainage districts, colleges, military bases, or prisons, to name a few examples.
EPA is authorized under the CWA to directly implement the NPDES Program. EPA, however, may authorize States, Territories, or Tribes to implement all or parts of the national program. In October 2000, EPA authorized the Florida Department of Environmental Protection (FDEP) to implement the NPDES stormwater permitting program in the State of Florida (in all areas except Indian Country lands). FDEP's authority to administer the NPDES program is set forth in Section 403.0885, Florida Statutes (F.S.). The NPDES stormwater program regulates point source discharges of stormwater into surface waters of the State of Florida from certain municipal, industrial and construction activities. As the NPDES stormwater permitting authority, FDEP is responsible for promulgating rules and issuing permits, managing and reviewing permit applications, and performing compliance and enforcement activities.
Important note: The NPDES stormwater permitting program is separate from the State's stormwater/environmental resource permitting programs authorized by Part IV, Chapter 373, F.S. (593 KB) and implemented by DEP and the water management districts using these rules, and from local stormwater/water quality programs, which have their own regulations and permitting requirements.
The sources of stormwater discharges regulated under the NPDES program fall into three categories: 1) Construction Activity (CGP); 2) Industrial Activity (MSGP and NEX); and 3) Municipal Separate Storm Sewer Systems (MS4).
The Federal Emergency Management Agency (FEMA) is indirectly responsible for the regulation of stormwater management and flood protection in Santa Rosa County. These practices are carried out through the Agency's establishment of regulations for the National Flood Insurance Program (NFIP). As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: 1) reduce flood damage to insurable property; 2) strengthen and support the insurance aspects of the NFIP, and 3) encourage a comprehensive approach to floodplain management.
FEMA completed the Flood Insurance Study (FIS) for the unincorporated areas of Santa Rosa County (Community Number 120274), on October 14, 1977 with an entire revision of the maps and study on November 1, 1985. Since that time, the FEMA maps for the southern portion of the County were revised several times 1992, 1998 and in January 2000 to take into account changes caused by Hurricanes Erin and Opal in 1995. The FEMA maps and the flood insurance study for the entire County were digitized in 2006 with revisions to the Pace Mill Creek and Pond Creek areas of the County. The study includes peak discharges, floodway, and base flood elevations for the applicable floodplain areas within the County. The study also includes elevations for the 10 year, 100 year, and 500 year return frequency floods. These elevations are used to carry out the floodplain management objectives of the NFIP that will be used to determine the appropriate flood insurance premium rates for buildings and their contents. New preliminary revisions to the Maps and Study for the entire County are expected late 2015 or early 2016 with maps and study becoming effective sometime in 2016. FEMA also administers the National Flood Insurance Program's (NFIP) Community Rating System (CRS) which Santa Rosa County participates in. This program is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.
The primary responsibilities of the Corps of Engineers is to regulate the wetlands and regulate major dredge and fill activities within the United States. Under Section 9 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, the USACE works in cooperation with the EPA in the regulation of activities within jurisdictional wetlands. Also, as previously discussed the Corps works in cooperation with the Environmental Protection Agency in the issuance of dredge and fill permits within Santa Rosa County.
State
At the state level, there are two primary agencies responsible for Stormwater Management within Santa Rosa County. These agencies include the Florida Department of Environmental Protection (DEP) and the Florida Department of Transportation (FDOT).
The Florida Department of Environmental Protection (FDEP) administers the Stormwater Rule, as authorized in Chapter 403, F.S., was established as a technology-based program that relies on the implementation of BMPs that are designed to achieve a specific level of treatment (i.e., performance standards) as set forth in Rule 62-40, F.A.C. In 1994, the Department's stormwater treatment requirements were integrated with the stormwater flood control requirements of the water management districts, along with wetland protection requirements, into the Environmental Resource Permit (ERP) regulations.
Rule 62-40, F.A.C., also requires the state's water management districts to establish stormwater pollutant load reduction goals (PLRGs) and adopt them as part of a Surface Water Improvement and Management (SWIM) plan, other watershed plan, or rule. Stormwater PLRGs are a major component of the load allocation part of a TMDL. To date, they have been established for Tampa Bay, Lake Thonotosassa, the Winter Haven Chain of Lakes, the Everglades, Lake Okeechobee, and Lake Apopka.
In 1987, the U.S. Congress established Section 402(p) as part of the federal Clean Water Act Reauthorization. This section of the law amended the scope of the federal NPDES permitting program to designate certain stormwater discharges as "point sources" of pollution. The EPA promulgated regulations and began implementing the Phase I NPDES Stormwater Program in 1990. These stormwater discharges include certain discharges that are associated with industrial activities designated by specific standard industrial classification (SIC) codes, construction sites disturbing 5 or more acres of land, and the master drainage systems of local governments with a population above 100,000, which are better known as MS4s. The FDEP received authorization to implement the NPDES Stormwater Program in 2000.
An important difference between the federal NPDES and the state's Stormwater/ERP Programs is that the NPDES Program covers both new and existing discharges, while the state's program focus on new discharges only. Additionally, Phase II of the NPDES Program, implemented in 2003, expands the need for these permits to construction sites between 1 and 5 acres, and to local governments with as few as 1,000 people. While these urban stormwater discharges are now technically referred to as "point sources" for the purpose of regulation, they are still diffuse sources of pollution that cannot be easily collected and treated by a central treatment facility, as are other point sources of pollution such as domestic and industrial wastewater discharges. It should be noted that all MS4 permits issued in Florida include a reopener clause that allows permit revisions to implement TMDLs when the implementation plan is formally adopted.
The Florida Department of Transportation (FDOT), under the authority of Chapter 353-02, F.S., owns and maintains several drainage facilities, which serve major arterial roads within Santa Rosa County. Many outfall ditches, canals and stormwater structures, for example, drain the I-10, U.S. Highway 90 and U.S. Highway 98 corridors. In addition, the FDOT permits connections to stormwater management facilities (SWMF) within FDOT right-of-ways.
Regional
There are two agencies responsible for establishing the regional Stormwater Management policies within Santa Rosa County. However, only one of these regional agencies is responsible for regulating Stormwater Management criteria. These agencies include the Northwest Florida Water Management District (NWFWMD) and the West Florida Regional Planning Council (WFRPC).
The Surface Water Improvement and Management (SWIM) Act was enacted in 1987 by the Florida Legislature to improve and manage the water quality and natural systems associated of Florida's surface waters, which include lakes, rivers, streams, estuaries, and other waterbodies. The SWIM program is implemented by the Northwest Florida Water Management District, working cooperatively with the Florida Department of Environmental Protection (DEP), other state and federal agencies, local governments, and private initiatives to accomplish watershed protection and restoration objectives.
SWIM plans are developed to address, on a watershed basis, cumulative anthropogenic impacts on water quality and aquatic habitats. They incorporate comprehensive strategies to both restore and to protect watershed resources. Implementation is accomplished through a variety of activities, such as retrofitting stormwater management systems to improve water quality and flood protection; restoring wetland and aquatic habitats; evaluating resource conditions and freshwater needs; protecting and restoring springs; and providing public outreach and awareness. The SWIM program also supports coordination of state and federal grants and implementation of cooperative capital improvement projects with local governments.
The 1987 Surface Water Improvement Management (SWIM) Act directed the NWFWMD to develop a SWIM Plan for the Pensacola Bay System (Escambia River, Blackwater River, Yellow River, Shoal River and East Bay rivers and their tributaries, Escambia Bay, East Bay, Blackwater Bay, Western and Central Santa Rosa Sound, Big Lagoon). The Pensacola Bay SWIM plan includes strategies and actions designed to help protect and restore watershed resources and functions. The plan was most recently updated in 1997. A number of assessments have been completed pursuant to the plan, including stormwater assessments, and evaluations of sediment, biological, and water quality data. The District continues to work with federal, state, and local government agencies to implement cooperative projects designed to reduce nonpoint source pollution and to restore aquatic and wetland habitats.
The Environmental Resource Permit (ERP) program is also jointly implemented by the District and the Florida Department of Environmental Protection (DEP). ERPs regulate the management and storage of surface waters and provide protection for the vital functions of wetlands and other surface waters.
Florida law requires environmental resource permits for many types of work within wetlands and surface waters, such as dredging or filling; construction of dams, impoundments, docks or other structures; the construction of stormwater management systems that discharge to those waters; and other kinds of land disturbance. The ERP program regulates stormwater runoff in most new development to protect water quality, prevent flooding and to avoid adverse impacts to off-site property. ERPs also regulate dredge and fill activities in tidal and freshwater wetlands, including contiguous and isolated wetlands. The ERP program operates independently of the federal dredge and fill permitting program, which is regulated by the US Army Corps of Engineers, although a joint application process has been developed between the state and Corps.
The ERP program also issues what are commonly known as "ten-two" general permits. In 2012, the Florida Legislature adopted a general permit that allows for the construction, alteration and maintenance of certain smaller projects without agency review or action. Under this law, Section 403.814 (12), F.S projects involving less than two acres impervious surface and less than 10 acres of total project area that are located within state lands or water with no wetland impacts, may proceed subject to the conditions of the general permit.
Stormwater management regulation on the regional level also falls under the responsibility of the West Florida Regional Planning Council (WFRPC). The WFRPC encompasses approximately 6,026 square miles, which include seven counties and thirty-five incorporated municipalities. In 1996, the Council adopted the West Florida Strategic Regional Policy Plan (SRPP). Several key components of this Plan are applicable to the Stormwater Management Sub-Element, including the Emergency Preparedness and Natural Resources of Regional Significance Elements.
Local
Article 4, General Provisions, of the County's Land Development Code sets minimum design and construction standards for public and private roadways and drainage as a condition prior to obtaining a building permit for construction projects within the unincorporated areas of Santa Rosa County. Article 12, Coastal Management /Conservation, of the County's Land Development Code specifies the requirements for compliance with the National Flood Insurance Act of 1968, as amended.
Existing Regulatory Framework for Potable Water
Federal
The Safe Drinking Water Act (SDWA) is the main federal law that ensures the quality of Americans' drinking water. Under SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. SDWA was originally passed by Congress in 1974 to protect public health by regulating the nation's public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources. The SDWA does not regulate private wells which serve fewer than 25 individuals.
Under Section 1413 of the SDWA, "a state has primary enforcement responsibility for public water systems when such state has adopted drinking water regulations which are no less stringent than the national primary drinking water standards in effect." As such, the State of Florida [through the Florida Department of Environmental Protection (FDEP)] is authorized with the responsibility of enacting and enforcing the 1986 Amendments to the SDWA.
In 2006, the EPA also issued the Ground Water Rule (GWR) to improve drinking water quality and provide additional protection from disease-causing microorganisms. Water systems that have ground water sources may be susceptible to fecal contamination. In many cases, fecal contamination can contain disease causing pathogens. The GWR provides for increased protection against microbial pathogens. The GWR applies to public water systems that serve ground water. The rule also applies to any system that mixes surface and ground water if the ground water is added directly to the distribution system and provided to consumers without treatment.
EPA does not regulate private wells because they are not under the jurisdiction of the Safe Drinking Water Act and are therefore not subject to EPA regulation. EPA does provide outreach material to states and homeowners to help them understand how to manage individual wells. EPA recommends that well owners periodically test their water for microbial and chemical contaminants and properly maintain their well.
State
In accordance with federal requirements, the Florida Legislature has adopted the Florida Safe Drinking Water Act, Section 403.850-403.8911, Florida Statutes (F.S.). The Florida Department of Environmental Protection (DEP) is the state agency responsible for implementing this act. In this regard, DEP has promulgated rules classifying and regulating public water systems under Chapter 62-550 of the Florida Administrative Code (F.A.C.). The primary and secondary standards of the Federal Safe Drinking Water Act are mandatory in Florida. Specific state drinking water regulations are under (1) Chapter 62-550 of the F.A.C., Drinking Water Standards, Monitoring and Reporting, (2) Chapter 62-555 of the F.A.C., Permitting and Construction of Public Water Systems and (3) Chapter 62-560 of the F.A.C., Public Water System Non-Compliance Requirements.
Section 381.0062, F.S., gives the Department of Health general supervision and control over all private water systems, multifamily water systems, and public water systems not covered or included in the Florida Safe Drinking Water Act.
Setback distances for newly constructed public drinking water wells are described in Chapter 62-555.312, F.A.C. Public water supply wells serving water systems having total sewage flows greater than 2,000 gallons per day shall be placed no closer than 200 feet from septic tanks. Public water supply wells shall be placed no closer than 100 feet from septic tanks for sewage flows less than or equal to 2,000 gallons per day. Public drinking water supply wells shall not be constructed within 300 feet of storage and treatment facilities of dairy farms or closer than 100 feet from other sanitary hazards. As much as practical, wells are to be located on ground least subject to localized flooding and upstream of sanitary hazards. In addition, Chapter 62-610, F.A.C., regulates reuse of reclaimed water and land application including setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards.
On a similar note, the Florida Water Resource Act, Section 373, F.S., established a program for regulating the consumptive use of water in Florida and divided the state into five water management districts charged with responsibility for implementing the consumptive use regulatory program. Santa Rosa County falls within the boundaries of the Northwest Florida Water Management District. Consumptive Use is regulated under Chapter 40A-2, F.A.C., Permitting of Consumptive Uses of Water.
The Public Service Commission has the responsibility for regulating the rates and service of privately-owned water and sewer utilities in counties where the Board of County Commissioners has officially transferred jurisdiction to the commission. This authority has been set out by Chapter 367, F.S., in the "Water and Wastewater System Regulatory Law." The commission establishes service standards that regulated utilities must meet. Section 367.171, F.S., provides for the adoption of a resolution where counties may transfer authority to regulate services to the Public Service Commission. Santa Rosa County has not transferred jurisdiction to the Florida Public Service Commission and the wastewater utilities within the County are overseen by County ordinance (Chapter 22 of the County's Code of Ordinances).
In addition, the State Comprehensive Plan, Chapter 187, F.S., contains the adopted goals and policies of the State of Florida. The State Comprehensive Plan establishes legislative framework, or direction, which all the State government agencies must be consistent with. Since the original plan adoption in 1985, various sections of the State Plan have been amended.
Regional
Santa Rosa County falls within the Northwest Florida Water Management District (NWFWMD). The NWFWMD is responsible for managing water supplies to meet existing and future demand. The authority of the District includes regulation over water well permitting, water quality provisions, the permitting and construction of public water systems, underground storage tank requirements, and public water system non-compliance requirements. The District's rules pertinent to Santa Rosa County include Chapter 40A-2, F.A.C., which governs consumptive use permitting, Chapter 40A-3, F.A.C., which governs well construction permitting, and Chapter 40A-5, F.A.C., which governs artificial recharge permitting. In addition, the Water Management Districts are a source of technical information on the geology and hydrology of areas within their respective jurisdiction.
The method of managing water supplies through consumptive use permitting requires that a permit be issued for all uses of ground or surface water which:
: Exceed 100,000 gallons per day (estimated on an average annual basis); or
: Is from a facility (wells, pumps, etc.) or facilities which are capable of withdrawing 1,000,000 gallons of water per day or more; or
: Is from a well in which the outside diameter of the largest permanent water bearing casing is six inches or greater.
Consumptive Use Permit (CUP) applications must show reasonable or beneficial use of the water being withdrawn and that there is no interference with existing legal uses of water.
Unless expressly exempted by Statute or District rule, a permit must be obtained from the NWFWMD prior to construction, repair, or abandonment of a well and the well must be constructed, repaired, or abandoned by a licensed water well contractor (Chapter 40A-3, F.A.C.) Any potable water well proposed within an area of ground water contamination, as delineated by the FDEP, will be permitted pursuant to Chapter 62-524.
The Northwest Florida Water Management District (NWFWMD) has designated a portion of Santa Rosa County south of the Pensacola and East Bays and the East River as a Water Resource Caution Area (WRCA). In order to aid in the development of alternative water supplies, a Regional Water Supply Plan (RWSP) that includes Santa Rosa County was developed initially in 2001 and was subsequently updated in 2006 and 2012.
The West Florida Regional Planning Council (WFRPC) adopted the Strategic Regional Policy Plan (SRPP) in 1996. The SRPP sets standards, as well as goals, objectives and policies to ensure water quantity and quality to meet current and future demands. These issues are discussed in further detail in the Natural Resources of Regional Significance section of the Plan.
The Walton/Okaloosa/Santa Rosa Regional Utility Authority (RUA) was created in 1999 as a means to address water supply needs and protection of water resources on a regional level. The RUA is comprised of the counties of Walton, Okaloosa and Santa Rosa and the municipalities of Destin, Fort Walton Beach, Gulf Breeze, Mary Esther and Niceville. The most important function of the RUA is to ensure future water supply. The RUA is staffed by the West Florida Regional Planning Council.
Local
Chapter 22 of the County's Code of Ordinances serves to regulate public utilities including wastewater and potable water facilities within the County. These regulations include the issuance and modification of franchise certificates, franchise operation, utility rate increase requests, operational procedures, abandonment of facilities, and reports.
Article 5 of the County's Land Development Code addresses Concurrency Management. In relation to potable water facilities, these regulations provide the County with guidelines for determining the availability of adequate facility capacity in the evaluation of development orders, provides criteria for concurrency review of these development orders, and provides level of service standards for these facilities. These issues, along with others that are discussed in more detail within the regulations, help to shape development within Santa Rosa County, which will in turn ensure that adequate facilities are provided to support the rapid growth of the area. In addition, Article 4 of the Land Development Code provides connection requirements for platted subdivisions and non-residential developments within the County.
4.0 Infrastructure Element Goals, Objectives, and Policies
Wastewater
Goal 4.1: The provision of an environmentally safe and efficient wastewater collection, treatment and disposal system.
Objective 4.1.A: To integrate the County's long range land use planning program with the provision of centralized wastewater within the County.
Policy 4.1.A.1: The County shall continue to provide information, such as GIS based data and growth analysis, to the private sewer providers operating within the County to aid in the establishment of priorities for the replacement of facilities, the correction of existing facility deficiencies and for future facility needs planning.
Policy 4.1.A.2: Santa Rosa County shall cooperate with entities having operational and maintenance responsibilities for sewage facilities in the unincorporated areas of the County so that coordination occurs in establishing level of service standards throughout the County.
Policy 4.1.A.3: The County Development Services Department shall continue to prepare the annual Utility Operational Status Report as required by Ordinance No. 2001-03. The purpose of this report is to provide the Board of County Commissioners with an opportunity to annually monitor the capacities of the utility systems operating within the County. According to the Ordinance, each utility is to survey present operations and determine its capacity to meet present needs and projected future needs for a period of not less than ten years.
Objective 4.1.B: Ensure, to the maximum extent possible, that extensions of sanitary sewer collection lines and increases in capacity of sewage treatment facilities (if any) will occur in a manner that will meet future development needs.
Policy 4.1.B.1: The County shall include LOS standards within its LDC and shall ensure the maintenance of LOS standards through implementation of the Concurrency Management System (reference Chapter 4 of this ordinance). The level of service standards for sanitary sewer within the County shall be ninety (90) gallons per capita per day.
Policy 4.1.B.2: The County shall monitor development to ensure that the level of service standards are maintained concurrent with development (Utility Operational Status Report).
Policy 4.1.B.3: Extension of collection system lines made necessary by new development shall be the responsibility of the development.
Policy 4.1.B.4: The maintenance and operation of sewer facilities shall be funded, predominantly, by user fees or special assessments.
Policy 4.1.B.5: The County shall continue to cooperate with other governmental agencies and the utilities, as appropriate, in order to provide for additional property and techniques such as reuse and rapid infiltration basins for the disposal of wastewater treatment plan effluent.
Policy 4.1.B.6: Where central sanitary sewer facilities are not available in unincorporated areas of the County, building permits will not be issued until the applicant has obtained a septic tank permit from the Florida Department of Health "Available" shall be defined in Section 381.0065, F.S., except as follows:
Where a sewer utility system exists or will exist upon completion of a platted subdivision within one half mile of the subdivision, a central collection system to serve the development shall be installed by the developer for connection to the sewer utility system;
South of East River, and on Garcon Point, all subdivisions to be platted, AND commercial and multi-family developments generating at least a wastewater flow equal to or greater than 750 gallons per day are required to connect to central sanitary sewer facilities, except in cases of extreme hardship as defined within the Land Development Code.
Policy 4.1.B.7: To the extent possible, the County shall encourage growth management practices that promote contiguous, compact development through the availability of wastewater utility services.
Solid Waste
Goal 4.2: The provision of an environmentally safe and efficient solid waste collection and disposal system.
Objective 4.2.A: To coordinate solid waste facilities capacity with current and future needs.
Policy 4.2.A.1: The County will continue to cooperate with the Regional Utility Authority for solid waste disposal alternatives.
Policy 4.2.A.2: The County shall continuously monitor growth and development to ensure that the level of service standard is maintained concurrent with development. The level of service standard for solid waste disposal shall be 6 lbs. per capita per day for all county residents.
Policy 4.2.A.3: The County shall endeavor to expand residential recycling programs to include commercial and industrial businesses.
Policy 4.2.A.4: The construction, maintenance and operation of solid waste facilities shall be funded by user fees.
Policy 4.2.A.5: The County shall continue to cooperate with the municipalities to establish priorities for replacement, correcting existing facility deficiencies and providing for future facility needs.
Objective 4.2.B: To ensure that the design and implementation of a solid waste collection and disposal system has a limited impact on the natural environment.
Policy 4.2.B.1: Waste streams shall be monitored at landfill sites to prevent illegal dumping of hazardous waste.
Policy 4.2.B.2: The County shall continue to operate a service that allows residents to dispose of household hazardous waste at the landfill or at designated drop off locations.
Policy 4.2.B.3: Solid waste management facilities developed and operated by the County shall:
(a)
Comply with all Federal, State and local environmental regulations;
(b)
Minimize adverse human and natural environmental impacts;
(c)
Minimize development and operation and maintenance costs;
(d)
Minimize environmental and economic risk; and
(e)
Meet all applicable health and safety standards.
Stormwater
Goal 4.3: The provision of an environmentally safe and efficient storm water management system that protects from flood damage and protects surface and ground water quality.
Objective 4.3.A: To coordinate the increase in capacity of storm water facilities with meeting future needs and environmental protection measures such as those related to water quality.
Policy 4.3.A.1: Installation of storm water management facilities made necessary by new development shall be the responsibility of the developer.
Policy 4.3.A.2: The County shall continue to enforce regulations in the LDC containing LOS standards for drainage, storm water management and water quality. The County shall require that storm water management facilities meet or exceed the adopted LOS, and that capacity is available concurrent with the impacts of the development. The LOS standards for drainage and water quality shall be:
(a)
Retain the first inch of run-off; and
(b)
Post development run-off shall not exceed the pre-development run-off rate for all storm events, up to and including an event with a 24-hour duration, 100 year return frequency.
(c)
Post development run-off in constrained basins shall not exceed the pre-development run-off rate for a 10-year storm event during all storm events, up to and including an event with a 24-hour duration, 100-year return frequency.
(d)
Post development run-off in closed basins shall be retained on-site for all storm events, up to and including the 24-hour duration, 100-year return frequency storm event.
Policy. 4.3.A.3: There shall be no reduction in the flood storage capacity or the other natural functions and values of the floodplain in Santa Rosa County in areas designated as regulatory floodway by FEMA Flood Insurance studies in Santa Rosa County. Encroachments shall be prohibited within designated regulatory floodway including, but not limited to, fill and new construction and development improvements that would result in any increase in flood levels.
Policy 4.3.A.4: The County shall regulate development within the flood prone areas to minimize flood storage capacity reduction so that post development equals pre-development standards, which will afford protection to life and property within the floodplain.
Policy 4.3.A.5: Where soil conditions and land use permit, the County may require the use of swale drainage on all new roadways or drainage easements.
Policy 4.3.A.6: Site specific development plans will be required to protect natural drainage features and incorporate such features into the site planning and development process.
Policy 4.3.A.7: The County shall continue its practice of correcting localized drainage problems so that LOS standards are maintained.
Policy 4.3.A.8: The County shall continue its periodic inspection program of storm water control structures to ensure the proper functioning of such structures.
Potable Water
Goal 4.4: Provide an environmentally safe and efficient system for the provision of potable water.
Objective 4.4.A: To provide potable water facilities concurrent with future demand.
Policy 4.4.A.1: The County shall cooperate with the various water systems within the County, in any appropriate manner, in order to provide for the timely and efficient provision of potable water facilities or to correct facility deficiencies.
Policy 4.4.A.2: The County shall continue to provide information, such as GIS based data and growth analysis, to the private water providers operating within the County to aid in the establishment of priorities for the replacement of facilities, the correction of existing facility deficiencies and for future facility needs planning.
Policy 4.4.A.3: The County Development Services Department shall continue to prepare the annual Utility Operational Status Report as required by Ordinance No. 2001-03. The purpose of this report is to provide the Board of County Commissioners with an opportunity to annually monitor the capacities of the utility systems operating within the County. According to the Ordinance, each utility is to survey present operations and determine its capacity to meet present needs and projected future needs for a period of not less than ten years.
Policy 4.4.A.4: All costs for potable water facilities shall be funded predominately by user fees, developer contributions, or special assessments.
Policy 4.4.A.5: The cost of water line extensions made necessary by new development shall be the responsibility of the development, unless otherwise specified by the utility.
Policy 4.4.A.6: The County shall maintain the LOS standards through the day-to-day activities of the Development Services Department and coordination with the entities providing water service in the unincorporated areas of Santa Rosa County. The LOS standard for potable water within Santa Rosa County shall be one hundred (100) gallons per capita per day (average).
Policy 4.4.A.7: At the discretion of the utility provider, public and private water systems shall be constructed and expanded in an orderly manner with costs shared as appropriate by those benefiting from the service.
Policy 4.4.A.8 • The County shall assess projected water needs and sources for at least a ten year planning period as part of creating and maintaining a Water Supply Facilities Work Plan (Work Plan). The County hereby incorporates by reference the Santa Rosa County Water Supply Facilities Work Plan and capital projects planned during the first five years of the Work Plan shall also be shown in the Capital Improvements element.
Objective 4.4.B: Protect the quality and quantity of Santa Rosa County's potable water supplies and systems.
Policy 4.4.B.1: The County shall continue to cooperate with the Northwest Florida Water Management District to obtain state funding for an abandoned well plugging program. Among other things, the County shall continue to request the legislature to fund the well plugging program of the NWFWMD. Further, Santa Rosa County and its officials shall notify the NWFWMD anytime information becomes available to the County regarding the location, or possible location, of an abandoned well. County officials shall immediately communicate the location of any abandoned well to the NWFWMD so that the district may initiate appropriate actions.
Policy 4.4.B.2: The County adopts wellhead protection zones of 500-foot radius for Floridan Aquifer and Sand and Gravel Aquifer public supply water wells, measured from the center of the wellhead. Within the wellhead protection zones, groundwater is protected by prohibiting those commercial and industrial uses with significant known potential to contaminate the groundwater. Specific prohibited uses are identified in the Land Development Code.
Policy 4.4.B.3: Water Resource Caution Areas have been established by the Northwest Florida Water Management District to protect the area's water resources from depletion, salt water intrusion or man induced contamination, or from any other activity which may substantially affect the quality or quantity of the area's water resources. Within such area, the NWFWMD has established lower permit thresholds, management (maximum) and minimum levels, and stipulates any limiting conditions as necessary to monitor, manage, and control the use of water. Santa Rosa County shall cooperate with the NWFWMD in its enforcement of regulations regarding the Water Resource Caution Areas within the County.
Policy 4.4.B.4: Reserved.
Policy 4.4.B.5: Reserved.
Policy 4.4.B.6: The County shall maximize the use of alternative water supplies and conservation measures before considering the interbasin transfer of water.
Policy 4.4.B.7: The County shall enforce the Building Construction Standards, along with all other relevant building criteria (i.e., plumbing fixtures, retrofitting and ultra-low water use fixtures) to require the use of water saving devices in new construction and specified reconstruction, found within the Florida Uniform Building Code.
Policy 4.4.B.8: The County shall take steps to promote and educate, both the public and private sectors, concerning the use of native and drought resistant vegetation for landscaping in an effort to reduce outside irrigation.
Policy 4.4.B.9: The County shall coordinate with the NWFWMD in an effort to protect and conserve future potable water supplies. The County and the NWFWMD shall mutually agree upon policies which ensure that water quality and supplies meet existing and projected future demands.
Policy 4.4.B.10: The County, in cooperation with the Santa Rosa County Cooperative Extension Service, the Florida Department of Agriculture and Consumer Services, Florida Forest Service, the Natural Resource Conservation Service and the NWFWMD, shall provide technical assistance to agriculture operations and other irrigation water users in the design of low-volume irrigation systems.
Policy 4.4.B.11: The East Milton Area Wellfield Protection Overlay District is established to protect the Sand and Gravel Aquifer from contamination. The overlay district allows a wide range of land uses but establishes development design standards for commercial and industrial uses that preclude contact between contaminants and groundwater. Examples of such design standards include secondary containment, prohibition of discharges of contaminants to soil or groundwater, and prevention of contact between contaminants and stormwater.
Policy 4.4.B.12: The County shall continue to discourage the use of injection wells for the disposal of wastewater.
Policy 4.4.B.13: The County shall encourage low water use landscape for both domestic and commercial development.
Policy 4.4.B.14: The County shall encourage the use of reclaimed water in new developments.
Policy 4.4.B.15: The County in cooperation with the Santa Rosa County Cooperative Extension Service, the Florida Department of Agriculture and Consumer Services, Florida Forest Service, the Natural Resources Conservation Service, the University of Florida (Milton Campus) and the NWFWMD shall provide technical assistance to agriculture operations and other irrigation water users in the design of low-volume irrigation systems.
Objective 4.4.C • The County shall coordinate land use planning with the management of water source and supply planning through the Comprehensive Plan, local water supply initiatives and the Northwest Florida Water Management District's Regional Water Supply Plan .
Policy 4.4.C.1: Reserved.
Policy 4.4.C.2: The County's 10-year Water Supply Facilities Work Plan shall be updated within 18-months following an update to the District Regional Water Supply Plan for Water Supply Planning Region II.
Policy 4.4.C.3: The County shall coordinate with the Northwest Florida Water Management District's most recent water supply plan when proposing or amending the 10-year Water Supply Facilities Work Plan. Where appropriate and feasible, the Work Plan shall include collaborative approaches with other local governments and private water providers for water supply source use and development, and water resource development.
Natural Aquifer Groundwater Recharge
Objective 4.5.D: Provide for the protection and recharge of the sand and gravel aquifer from rainfall as well as the functions of natural groundwater recharge areas and natural drainage features. Note: The Floridan Aquifer is not recharged by rainfall within Santa Rosa County.
Policy 4.5.D.1: The County shall require a minimum of 10% pervious surface area for all new development so that rainfall may reach the aquifer through percolation.
Policy 4.5.D.2: The County shall ensure that storm water management structures are designed to function as aquifer recharge areas in appropriate locations.
(Ord. No. 2016-25 , § 1, 12-12-16)