§ 27-194. Exemptions.

The following activities are exempt from licensing under this Article with the following conditions:

(a)

Domestic wastewater:

(1)

Sanitary septic tank/drainfield systems permitted by the State of Florida.

(2)

Domestic sewage treatment plants of a design capacity permitted by the Broward County Public Health Unit.

(3)

Functionally equivalent replacement of pumps, valves, or other lift station equipment or appurtenances, lengths of sewer up to eight hundred (800) feet, lengths of force main up to one thousand (1000) feet, and up to two (2) underground utility access portals for any waste water treatment facility operating under county license where all license conditions are being met or any sanitary sewer collection/transmission system or appurtenance thereof constructed under a county license.

(4)

Deep injection wells and ocean outfalls for the disposal of wastewater treatment plant effluent, provided that the facilities are permitted by the State of Florida and do not create the situation described in Section 27-193. Furthermore, such deep injection wells and ocean outfalls are exempt from the water quality standards presented in this chapter.

(5)

Existing deep injection wells and public water supply wells permitted by the state before adoption of this Article in conflict with Section 27-193(b)(2)f.

(6)

On-site disposal systems where connection to a sanitary sewer is not available, provided that the systems are permitted by Section 64E-6, F.A.C., as amended.

(7)

Distribution of reclaimed water to individual end-users provided by a reuse application system that has received a License to Construct/Operate a Reuse Application System. Individual permits for the use of reclaimed water shall not be issued to individual property owners.

(8)

Existing rapid-rate land application wastewater disposal systems permitted by the State of Florida prior to adoption of this Article, unless significant modifications are made to the system that change the level of treatment given to the wastewater, the size or function of storage ponds, land application area, or significantly change the amount of wastewater applied.

(9)

Existing discharges for the disposal of wastewater treatment plant effluent, at existing discharge points and rates permitted by the State of Florida as of October 22, 2010, provided that no modifications are made to reduce the level of treatment given to the wastewater. Such discharges are exempt from the water quality standards presented in this chapter, provided that such discharges are to waters owned entirely by one person other than the State of Florida. Nothing herein shall prohibit the County from taking appropriate action in the event the discharges exceed the rates permitted for such discharges by the State of Florida.

(b)

Non-domestic wastewater: Facilities shall be exempt from the requirement of obtaining an operation and/or construction license under the following circumstances:

(1)

Cooling water: Where there is no contact between the water and the product being cooled, the cooling water may be discharged to disposal wells, drain fields, or percolation ponds, provided that the discharged water meets effluent standards set forth in Section 27-196 and that facility has the applicable permit(s) by the State of Florida. Drainage and condensate facilities shall construct a permanent mechanism to direct wastewater from cleaning the system, facility and drainpipes to the sanitary sewer.

(2)

Car wash facilities: Car wash facilities that discharge their wastewater to a sanitary sewer or utilize recycling systems.

(3)

Reject water: For water supply treatment facilities using membrane filtration/reverse osmosis treatment, and using the Biscayne Aquifer, Class G-II, as defined in Rule 62-520.410, F.A.C., as the sole source of water, reject water disposed to Class G-IV, as defined in Rule 62-520.410, F.A.C., ground water at a minimum of 500 (five hundred) feet from a public water supply well and in compliance with state permitting requirements, providing reasonable assurances that reject water will not pose a threat to the environment or future water supplies.

(c)

Surface water management:

(1)

Water management works constructed prior to permitting and licensing: All water management works constructed prior to the requirement of operating permits or licenses by the Broward County Water Resources Management Division (BCWRMD) or the SFWMD shall be exempt from the licensing provisions of this Article. If it is determined that the existing works have caused, is causing, or is predicted to cause an immediate adverse impact on the public, in which case the work or activity shall then be required to modify the portion of the operation or work which is causing or will cause the adverse impact. Applications for minor redevelopment of land that was originally developed prior to the requirement of operating permits or licenses by BCWRMD or SFWMD shall be exempt from obtaining a license for the water management works of the minor redevelopment. Applications for major redevelopment of land that was originally developed prior to the requirement of operating licenses or permits by BCWRMD or SFWMD are required to comply with the licensing provisions of this Article.

(2)

Previously permitted or licensed water management works by BCWRMD or SFWMD: All water management works for which permits or licenses have been issued by the BCWRMD or the SFWMD prior to the adoption of the regulations for Natural Resources Protection in May 1989 shall remain in effect and be exempt from the licensing provisions of this Article with the exception of Section 27-198(d)(2)f., Renewals for Construction/Operation License. If such water management works (or lack of water management works) are determined to have caused, are causing, or will cause an immediate adverse impact on the public, the property owner or licensee shall be required to modify the portion of the water management works which is causing or will cause the adverse impact. Such surface water management works must continue to comply with all conditions and/or requirements imposed by the BCWRMD or SFWMD at the time of licensing/permitting. Responsibility for monitoring and enforcing the water management works permits issued by the BCWRMD has been transferred to the EPGMD Water Resources Division. Failure to comply with the conditions and/or requirements of a water management works operating permit issued by the BCWRMD, or the SFWMD, shall constitute a violation of this Chapter. Water management works for minor redevelopment of land that had originally been developed in accordance with operating permits or licenses by BCWRMD or SFWMD shall be accomplished utilizing the licensing provisions of BCWRMD and/or SFWMD in effect at the time of original permitting or licensing. Water management works for major redevelopment of land that had originally been developed in accordance with operating permits or licenses by BCWRMD or SFWMD shall be accomplished utilizing the licensing provisions of this article. Water management works for major or minor redevelopment of land, that were not issued operating permits or licenses from BCWRMD or SFWMD for the original development, are operating with an expired operating permit or license, or are not in compliance with the conditions of the permit or license shall be accomplished utilizing the licensing provisions of this article.

(3)

Water management works licensed since the adoption of the regulations for Natural Resources Protection in May 1989: All water management works for which operating permits or operating licenses were issued by EPGMD since the adoption of the regulations for Natural Resources Protection in May 1989 and until the effective date of this Article shall remain in effect and be exempt from the licensing provisions of this Article. Such surface water management works must continue to comply with all conditions and/or requirements imposed at the time of permitting, including renewal. Failure to comply with the conditions and/or requirements of a water management works operating license issued by EPGMD shall constitute a violation of this chapter. Water management works for minor redevelopment of land that had originally been developed in accordance with operating licenses issued by EPGMD during this period shall be accomplished utilizing the licensing provisions of EPGMD in effect at the time of original licensing. Water management works, for major redevelopment of land that had originally been developed in accordance with operating licenses by EPGMD shall be accomplished utilizing the licensing provisions of this Article. Water management works for major or minor redevelopment of land that were not issued operating licenses from EPGMD for the original development, are operating with an expired license, or are not in compliance with the conditions of the license shall be accomplished utilizing the licensing provisions of this Article.

(4)

Elimination of duplication: Those areas that are subject to the jurisdiction of an independent water management district that has been created and is operating in accordance with State of Florida law and reviews and issues surface water management permits, such as, but not limited to, the Central Broward Water Control District, the Coral Bay Community Development District, the Coral Springs Improvement District, the North Lauderdale Water Control District, the North Springs Improvement District, the Old Plantation Water Control District, the Plantation Acres Improvement District, the Pine Tree Water Control District, the South Broward Drainage District, the Sunny Isles Reclamation & Water Control Special District, the Sunshine Water Control District, the Tindall Hammock Irrigation & Soil Conservation District, the Turtle Run Community Development District, and the West Lauderdale Water Control District.

(5)

Exemption for certain activities: Persons constructing, altering, operating or maintaining surface water management systems for land uses and activities on sites listed below are exempt from licensing provisions contained in this Section. This exemption applies only to the extent the surface water management activity is conducted in full conformance with the provisions of this Article:

a.

Construction or modification or relocation of facilities on sites of two (2) acres or less which results in unchanged or lessened impacts to water quality, quantity, and discharge provided there is no net increase in impervious area and no impact to wetlands.

b.

Road grading which involves no change in surface elevation.

c.

Pavement resurfacing.

d.

Manual removal of vegetation for establishing a fence or survey line that does not violate any other Article of this chapter for fence or survey lines.

e.

Installation of culverts, twenty-four (24) inches or smaller in diameter, across unpaved roads which maintain existing ditch flow, provided no wetlands are impacted.

f.

Single-family dwellings or duplexes on lots less than two (2) acres in size and with less than 0.5 acres of isolated wetland impacts provided that the construction complies with the requirements of Article XI of this chapter. This criterion is applicable only to property subdivided prior to the effective date of this Article.

g.

Ponds or excavations less than 0.5 acres in size and less than fifteen (15) feet in depth provided no wetlands are impacted and provided the slope requirements of Section 27-200(b)(5)d.4.a)4) of this Article are complied with.

h.

Drainage structure and pipe replacement up to eight hundred (800) feet with like structure or pipe at the same location and elevations.

i.

Minor agricultural support facilities such as tractor sheds or pole barns with neither water resource nor wetland impacts.

j.

Projects undertaken by the Florida Department of Transportation for Metropolitan Planning Organization sponsored mobility projects for bike lanes and sidewalks.

(Ord. No. 96-19, § 2, 6-11-96; Ord. No. 1997-42, § 1, 10-14-97; Ord. No. 1998-43, § 9, 11-24-98; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2010-59, § 1, 10-12-10; Ord. No. 2017-35 , § 1, 12-5-17)