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HomeMy WebLinkAboutOrdinance_473_07/14/1994ORDINANCE NO. 473 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 9 OF THE VILLAGE CODE OF ORDINANCES RELATING TO FIRE PROTECTION AND PREVENTION BY INCLUDING A NEW ARTICLE III RELATING TO HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AUTHORITY TO INITIATE ACTIONS; PROVIDING FOR RECOVERY OF COSTS OF HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE CLEANUP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to Fire Protection and Prevention is hereby amended by including a new Article III thereof to read as follows: "ARTICLE III. HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE • Sec. 9-13. Recovery of costs. (a) Definitions: (1) Cost: Those necessary and reasonable expenses incurred by the Village in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including but not limited to, the actual labor cost of Village personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs for any actions that the Village may take in this regard out of the Village's jurisdiction or off-site; and the cost of expendable items, including, but not limited to, fire-fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment. (2) Release: Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying, or dumping of a hazardous substance or hazardous waste upon public • or private property located within the corporate limits of the Village of Tequesta. (3) Hazardous substance or hazardous waste: Any • substance or material in a quantity or form which, in the determination of the Fire Chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the Village of Tequesta; including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials"; the EPA's list of "Extremely Hazardous Substances"; or the "Florida Substance List" promulgated by the State Department of Labor and Security, or by C.R.C.L.A. in 40 C.F.A. 300.6. (4) Person: One (1) or more individuals, partnerships, corporations, joint ventures, associations, or any other entities or any combination thereof. (b) Authority To Initiate Action: (1) The fire-rescue department is hereby authorized to take or cause to be taken such steps as may be necessary to clean up, remove, or abate the effects of any hazardous substances or hazardous waste discharged or released upon or into public or private property or facilities located • within the corporate limits of the Village and any actions associated herewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharge. (2) Any person or persons responsible for causing or allowing a discharge or release of hazardous substances or hazardous waste that requires emergency action by the fire-rescue department of the Village of Tequesta or its authorized agents, in order to protect the health, safety, or welfare shall be strictly liable both jointly and severally to the Village of Tequesta for the cost incurred by the Village in the investigating, mitigating, minimizing, removing and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release of hazardous substances or hazardous wastes, the fire-rescue department of the Village of Tequesta shall keep a detailed record of the cost and expenses attributable thereto. • 2 (4) The authority to recover cost under this . section shall not include cost incurred for actual fire suppression services or other services which are normally supplied by the Village's fire-rescue department or its authorized agent. (c) Recovery of Cost of Hazardous Substance and Hazardous Waste Cleanup: (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the Village of Tequesta for the full amount of all costs, as defined herein, associated with investigating, mitigating, minimizing, removing, or abating any such discharge or release within a period of thirty (30) days after receipt of an itemized bill for such cost from the Village of Tequesta. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the Village of Tequesta within the time set forth in paragraph (i) above shall be subject to a surcharge equal to one hundred dollars • ($100.00) per day or ten (10) per cent of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. (3) The remedy provided for in this section shall be supplemental to, and in addition to, all other available remedies at law and equity." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. • • • Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Collings who moved its adoption. The Ordinance was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION Ron T. Mackail Elizabeth A. Schauer' Earl L. Collings AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 14th day of July , 1994. ATTEST: V llage Clerk JCR\131530RD\COSTRECO.ORD MAYOR OF TEQUESTA ~ ~ -~ - 1 Ron T. Mackail 4