§ 32-224. Hazardous waste treatment, storage and disposal facilities.

Hazardous waste treatment, storage and disposal facilities shall be prohibited within recognized environmentally sensitive areas including, but not limited to, the affected areas defined within chapter 15, article XI, the Econlockhatchee River Protection Ordinance, and chapter 15, article XIII, the Wekiva River Protection Ordinance. Hazardous waste treatment, storage and disposal facilities shall also be prohibited within the Primary and Secondary Floridan Aquifer Vulnerability Zones located within the Wekiva Study Area. The prohibitions within the Wekiva Study Area are based upon the presumption that the Florida Geological Survey Report of Investigations No. 104: Wekiva Aquifer Vulnerability Assessment (WAVA), June 2005, provides the best available information for delineating areas of relative Floridan Aquifer vulnerability. This presumption may be overcome if a site-specific hydrogeological study, signed and sealed by a professional geologist or professional engineer with experience in hydrogeological investigations, is submitted to the division which demonstrates, and the manager agrees, that the proposed site is more appropriately classified within the Tertiary Floridan Aquifer Vulnerability Zone. At minimum, this study shall evaluate the following factors utilizing the weights-of-evidence model of the WAVA: soil permeability; thickness of the intermediate aquifer system; hydraulic head difference between the Surficial and Floridan Aquifers; proximity to karst terrane features (including closed surface depressions). The site-specific study shall be evaluated by a third-party consultant under contract with the county at the sole expense of the applicant. The manager shall review the site-specific study and the third-party consultant's recommendation to determine whether the study appropriately evaluates the relative aquifer vulnerability of the site and whether the proposed site is more appropriately classified within the Tertiary Floridan Aquifer Vulnerability Zone. The applicant may, within fifteen (15) calendar days of the decision of the manager, file a written notice of appeal with the manager. If no notice of appeal is received within the fifteen-day period, then the determination shall be final. If an appeal is submitted, such appeal shall be heard by the board at a regular meeting. Notice of the appeal hearing shall be provided to the applicant. An applicant seeking a special exception for a hazardous waste storage, treatment and disposal facility shall receive a recommendation for approval by the manager prior to consideration of the special exception by the BZA and the board.

(Ord. No. 2009-11 , § 2, 4-28-09)