WELLHEAD PROTECTION

Jacksonville Ordinance Code tit. X, ch. 366, pt. 4

in effect

Jacksonville Ordinance Code § 366.401 Findings, purpose and intent.

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)

Jacksonville Ordinance Code § 366.402 Application.

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)

Jacksonville Ordinance Code § 366.403 Definitions.

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)

Jacksonville Ordinance Code § 366.404 Establishing and Mapping Wellhead Protection Areas.

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)

Jacksonville Ordinance Code § 366.405 Investigations and Monitoring.

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)

Jacksonville Ordinance Code § 366.406 Prohibitions in Wellhead Protection Areas.

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)

Jacksonville Ordinance Code § 366.407 Requirements within Wellhead Protection Areas.

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)

Jacksonville Ordinance Code § 366.408 Notice of Release or Spill of Contaminants in Wellhead Protection Areas.

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)

Jacksonville Ordinance Code § 366.409 Authority and Responsibilities of the Division.

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)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXENAF_CH366GRSUWAREMA_PT4WEPRFetched: 10/27/2026