HomeMy WebLinkAboutOrdinance_403_05/24/1990ORDINANCE NO.._40.3__
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA. PALM BEACH COUNTY, FLORIDA. ADOPTING BY
REFERENCE, THE PALM BEACH GOUNTY "WELLFIELD PROTECTION
ORDINANCE", ORDINANCE N0. 88-7, AS AMENDED; PROVIDING
FQR SEVERABILITY; PROVIDING FQR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE Village Council of the Village of
Tequesta, Florida as follows:
Sect i_o_n _ 1. Ghapter 1~ of the Code of Ordinances of
the Village of Tequesta is hereby amended by adopting and
incorporating into the code the Palm Beach County "Wellfield
Protection Ordinance", Ordinance No. 8$-7, as amended, and as
fully as if set forth at lenctth herein as the Wel if field
Protection Ordinance of the Village of Tequesta.
Sect_ion_2` Severabil ity. 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.
Sect i_o_n 3. Codification. This Ordinance shal 1 be
codif ied and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 4. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE was offered by
Councilmember Earl L. Collings who moved its
adoption. The Ordinance was seconded b_y
Counc i 1 member __ R_on _T . Mackai 1 _ ~~~-__ and upon be inq
put to a vote, the vote was as follows:
FOR_ADOPTI.ON AGAINST ADOPTION
titiilliam E. Burckart
Joseph N. Capretta
Earl L. Collings
Edward C. Howell
Ron T. Mackail
The Mayor thereupon declared the Ordinance duly passed
and adopted this _24th day of __~_.~ MaY _ 1990.
MAYOR OF TEQUESTA
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ago ~L ~(, -~
/Joseph' N. Capretta ~°
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ATTEST:
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Village Clerk
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IIt FALM BEJICH COUNTY WELLFIELD PROTHCTION ORDINANCE (NO. 88-7)
If THB DEPARTMENT OF ENVIRONMHNTAL RESOURCES MANAGEMHNT HAS
MERGED ORDINANCE N0. 88-7 AND AMENDING ORDINANCBS
I~. NO. 88-12 AND 88-39 FOR CONVENIENCE. THIS IS NO£ TO HE ,
II CONSIDERED THE OFFICZl1L DOCUMENT OR 11 CODIFIED COPY.
~, TABLE OF CONTENTS ,
,Section 1. SHORT TITLH; APPLICABILITY: CONSTRUCTION
~'
(Section 1. LEGISLATIVE INTENT
d~
Section 3. DEFINITIONS
Section 4. !(AP3 OF 2oNES OP INFLUENCB
Section 5. RESTRICTIONS WITHIN ZONES OF.INFLUENCE.
5.01 Zone Oas (1) .
~ 5.01 Zone Two (2)
(a) Containment~of Regulated Substances
(b) Emergency collection devices .
(c) Emergency plan
(d) Inspection
• (e) Proper and adequate ~Raqular Maintenance o!
containment and emergency equipment .
~' ~• (!) Reporting o! spills
!1 •• (q) Monitoring !or Regulatad~ Substances in the
`i potable water well
' (h) Monitoring !or Regulated •Substances •in
• groundwater monitoring well^
' (1) Alterations and•expansion.
lj) Reconstruction altar catastrophe .
5.03 Zone Three (3) .
5.04 Zone Four (4)
5.05 Other Requirements and Liabilities
IJ ••.5.06 Requirements !or Sanitary Sewers and
Exliltratiort Systems .
Section 6. PERMITS
~ 6.01 Welliiald Protection Permits. .
6.01 Permit aDPlic:tions.
(a) Operating Permit
(b) Closure Permit
(c) Permit conditions
(d) Bond required
(e) Clean-Up and Reimbursement .
6.03 Fae Schedule
(a) Operating Permit !ea
Ib) Closure permit !ee
• (c) Permit transfer !ee
' 6.04 Revocation 'or Revision of Permit or General or
Special Hxemption .. .
` Section 7. GROUNDWATER AND NATVRJ-L RESOURCES PROTECTION BOARD 14
• ;:~ 7.01 Qualifications and Terms o! Office 14
7.01 Organization and Procedure 11
Section 8. APPEALS FROM INTENT TO RBVOICE OR REVI36 AN OPERATING
~:~ PERMIT AND A SPECIAL OR GENERAL EXEMPTION; APPEALS FROM
R OND T O D N L OF PERMIT OR APPLICATION FOR
GENERA L EXEMPTION• APPEALS FROM DENIAL OP NON DISCLOSURE OR
DENIAL OF TRADE SECRETS AND APPEALS FOR SPECIAL EXEMPTION ld
1 6.01 Written petition for review; matters for review and
Lime for filing 14
1 8.01 Hearing Dats .• 15
8.03 Contents o! Notice of Hearing 15
1 B.Od Computation o! Timr 15
'~ 8.05 Heariaq Procedure
•
~ 16
4 8.06 Decisions by the Groundwater and
Natural
Rssources
Protection Review Boasd 16
5 8.07 Review ......... 16
5
6 esction 9. pROTHCTION OP FUTURE WELLFIELDS 16
6
6 ~• Section 10. DETERMINATION OP LOCATION WITHIN 20N83.
~ 17
G Section 11. APPLICATIONS TO NEW ACTIVITIES AND RHSTRICTIONS
ON
6 ISSVAN CB OF BUILDING PERMITS AND OCCUPATIONAL LICENSES 17
6 Section 11. GENHRAL EXEMPTIONS 18
6 11.01 Activities claiainq a Oeaeral Exemption 18
11.01 Exemptions for lire, police, emergency medical
7 services and County emergency management
center lacilitles
~ 18
7 12.03 Exemptions !or Utilities
in Zones One (1) 18
7 11.01 Exemption !or Continuous Transit
• 18•
8 12.05 Exemption !or Vehicular and Lawn Maintenancs
Fual
e and Lubricant Use
• 19
g 11.06 Sxeaption !or Application ol
Peaticidea,
g Herbicides, Fungicides, and Rodenticidas 19
12.07 exemption !or Retail Sales Activities 19
g 11.08 Bxemptions !or Office Uses 19
12.09 Exemption !or Construction Activities 19
9
g Section 13. SPECIAL EXEMPTIONS 10
10 13.02 Activities claiainq Special Hxemption 10
10 13.03 F.rantinq o! Special Exemptions 21
it
11 Section 14. PETITION FOR COMPENSATION. 12
it
11
Section iS.
TRANSFER 15
12
1g Section 16. TRADE SECRETS. ZS
12
12 Sactioa 17. VIOLATIONS. ENPORCHMENT PENALTIES 15
13
A...N ..
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. oRDmANCa No. as-7
AN ORDINANCE Of THE HOARD OP COUNTY COMMISSIONERS Ol PALN HE11CH COUNTY,
FLORIDA, ENACTED TO PROTECT EXISTING AND FUTURE POTABLE PATER SYPPLIES; TO HE
1(NONN AS THE PALM REACH COUNTY YELLFIELD PROTECTION ORDINANCE; PROVIDING FOR
Section 18. ENFORCEMENT PROCEEDINGS BEFORE THE GROUNDWATER APPLICABILITY IN THE INCORPORATED AND UNINCORPORATED AREAS; PROVIDING FOR
AND NATURAL RESOURCES PROTECTION BOARD 15 CONSTRUCTION; SETTING FOR THE LEGISLATIVE INTENT; PROVIDING FOR DEFINITIONS;
18.01 Jurisdiction and Authority 15 PROVIDING FOR NAPS 0! ZONES OP INFLUENCE; PROVIDING FOR RESTRICTIONS ON THE
18.01 Enforcement Procedure; Hearing 16 USE, HANDLING, PRODUCTION AND STORAGE OP REGULATED SUBSTANCES ASSOCIATED PITH
• NONRESIDENTIAL ACTIVITIES FOR ZONES OIR, ri0 AND THREE; PROVIDING FOR PERMITSf
Section 19. REPEAL OF LAWS IN CONFLICT 17 ~ PROVIDING FOR THE GROUNDYATLR PROTECTION REVIEY HOARD; PROVIDING FOR APPEALS;
PROVIDING FOR TAE PROTECTION OF FUTURE YELLFILLDS; PROVIDING FOR TAE
Section 10. 9EVERABILITY 17 DETERMINATION OF LOCATION YITHIN ZONES; PROVIDING IOR THE APPLICATZOM TO NEY
ACTIVITIES AND RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND
Section 11. ZN_C_LUSION IN TH6 CODE OF LAWS AND ORDINANCES 17 OCCUPATIONAL LICLllSt3; PROVIDING TOR GENERAL AND SPECIAL EXEMPTIONS; PROVIDING
, • FOR COMPENSATION; PROVIDING FOR THE TRANSTER OF THE REGUW?ED ACTIVITY;
Section 12. EFFECTIVE DATH 17 PROVIDING FOR TRADE SECRETS; PROVIDING TOA VIOLATIONS; ENiORCEMENT AND
' PENALTIES; PROVIDING !OR REPEAL OF LAY IN CONFLICT; PROVIDING FOR SEVERABILITY;
BXHIBIT A GHNERIC SUBSTANCES LIST PROVIDING FOR INCLUSION IN THE CODE OI LAYS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
'EXHIBIT B OPERATING AND CLOSURE PERMIT BONDS '
• YRERLAS, most of Palm HeacII Couatp's potable rater supply is obtained Irom
EXHIBIT C !LE SCHEDVLH ~ localized shallot aquifer ^oureu, and
YHEREAS, it is acYnorledged that iaaDDropriate derelopmeat sad land nee
HXHIBIT D "BEST MANAGHMENT PRACTICES" FOR TH8 CONSTRUCTION contributes to depredation o! prouadrater quality, and
INDUSTRY' YNEREAS, there is a need to protect tDe existing and future potable rater
• supply sources o! Palm e•aeII county from deQradatioo sad from the intentional or
EXHIBIT E PRIORITY POLLUTANTS ~ unintentional introduction of deleterious substances into sucII aourcea, and
• YALREAS, it is tIIe intent sad policy of the Hoard of County Couissioaers of
EXHIBIT ! SUGGESTED PZPH, FITTINGS, COATING AND TESTING Pal^ Beach County, to ensure under this Ordinance, tIIe continued Dealth, safety,
relfare sad quality of environment for the residents of sad visitors to Palm HeacD '
• County, and
YHLREAS, the board of County Commissioners hae the authority Hader tDe Pal^
Heaeh County CDarter to adopt a countyride ordinance relatiap to the protection of
• tells and wllfields by proridinq critecia for reQulatinq and prohiDitinQ tIIe nee,
handling, production and storage o! certaim deleterious substances rhieh may Impair
' present and !afore public potable rater snpply tells amd wlltields.
NOY THEREFORE, HE M ORDAINED Hy THE HOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA that! '
Section 1. SRORT TITLE; APPLICAHILITT: CONSTRUCTION.
_ 1.01 This Ordinance shall bf knorm u tIIe "Palm HeacA County Yellfield
• Protection Ordinance."
1.02 All provisions of thin Ordimaace shall be effective xithin the
incorporated and unincorporated areas o! Pala Deac6 County, Florida, and shall set
restrictions, eonstraimte and prohibitions to protect present and future pmDlic
potable rater supple cells and rellfields Irom degradation by contaaination of '
doleterious substances.
1.07 This Ordinance shall be liberally construed to etfectuats the purposes
• set forth herein.
Section 2. LEGISLATIVE INTENT.
2.01 TDe intent and purpose of this Otdieanca is to protect sad safeguard tDe
Dealth, safety, and welfare of the residents and visitors of Pala Beach County,
llorida Dp providinQ criteria for repulatiaQ and prohibitiaQ iDe use, Dandling,
production and storage of certain deleterious substances xbieD say iapair presser
and futnrs public potable water supply tells and rellfislds.
2.02 Tb• Generic Substance List attacDed hereto sad incorporated herein as
Exhibit A, is provided for inioraatioaal purposes and ^ay De revised lroa tine to
..rise by the Departnat rithout further action Dy tDe County Couiuios. Persons
using, Dandling, producing or storing a substance on the generic list sty De using,
Dandling, producing or storing a Regulated Substance as defined by this Ordiaaaee
• and, therefore, ^ay be euDjeet to the requireaents of this Ordinance. Persons
uaeure as to whether they are euDjeet to this Ordinance ^ay wish to consult ritD tDe
Departaent.
Sactioa ~. DEFINITIONS:
1.01 The following definitions apply rithia tDis Ordinance:
•, (a) ui e A groundwater bearing geologic loraatioo, of foraations, that
contain enough saturated peraeabla aaterial to yield aigaificaat
quantities of rater.
• (b) Closuce Perait. TDat perait required by tetivltiea which oust cease
operation pursuant to the provisions of Section 5 p! this Ordinance, tD•
criteria Lor vhich are set forth under Section 6 of tDis Ordinance.
~. (c) Cospleted Application. Ao application vhich includes all aaterials and
docuaants rhieD are nacessarp to support the application and which has
,~~•~~'• Dean accepted as coaplets Dy tDe Departaent.
;,.~r .
; (d) Cope of Depression. An area of reduced rater level rbich results lroa
'~`" ~ tbs vithdrawal o! Qrouodrabr lroa a point of colleetiv source such a^ a
""'~'•' well, rallfield, dewateria site or uar p
~t3~, g q ry. The areal extent and de th of
~ u^~ the depression is a function of tDe Dydraulic properties of th• aquiisr,
^~~r•' the puapage rates and recharge rates.
(e) pepartsent. Pala Beach Countp Departaent of Environeental Resources
•f:.~• Maaagaaeat, charged Dy the Board of County Coaaissioners with
responsibility !or adaiaisteriag sad •nloccinQ this Ordinance.
~~~• (f) Designated Public Utility. That public utility rbich operates a roll or
• cells for vhich t6• zones of influence include part or all of the property
:?~;=~ on which the nonresidential activity is located.
•'~~, (Q) ~srgeney hazardous situation. Exists rbenever there is an luediate and
w•=~~- substantial danger to Duaaa Dealth, safety,. or welfare or to the
enrironaent.
(b) EPA. United States Lnvironaental Protection Agency.
(i) Exfiltration Systea. Any gallery, perforated or "leaky" pipe oz siallarly
`~; designed structure rbich is used to dispose of untreated storawatsr by
alloying the routed rater to percolate by subsurface dischsrpe directly or
indirectly into the proundrater.
(j) yacility. Main structures, accessory structures and activities rbich
store, handle, use or produce Regulated Substances. YDere contiguous
. facilities exist and such facilities are separate in the nature of the
businesses, they shall regain separate under this Ordinaacn.
(k) Generic Substance List. ibose general categories of substances set forth
is Exhibit A attached Dereto and incorporated herein.
~•`•. (1) Groundwater. Pater that fills all the unblocked voids of underlying
,,y.~: aaterial belox•the ground surface, rhieD is the upper licit of saturation,
i:' or rater which is held in tb• uaututy Ud :one by oapilla[ity.
fa) GrouDdwa U r and Natural Resources Protection Board. TDat Board designated
by tDe Pal^ BeacD County Board of County Cotaissioners to Dear appeal^ sad
i~„ . 2
• ___ - - -
applications pursuant to Sactioa 8 of this Ordinance and to Dear alleged
' violations of this Ordinance and other state and local fats protecting the
natural resources o! the Countp.
• (n)• Laboratory. A designated area or areas used !or testing, research,
experiaentation, qualitp control, or prototype eonstruetioa, but not used
for repair or ^aintanaace activities (excludiaQ laDoratorp equipaent),
• the ^anufacturiag o! products !or sale, or pilot plant testing.
. (o) Nonresidential Activity. Aap activity which oecur^ in soy building,
' structure or ogee area vhich is not used priaarily as a private residence
or drelliop.
(p) Ona toot Draxdom Co tou TDe locus of points around a roll or wslllield
where tDe tee rater alevatioa is located Dy one (1) foot due to a
specified gasping rate of the cell or rallfield.
(q) ooeratiaa Pesait. TDe penis required o! certain activities under Section
5 of this Ordinance to operate, the criteria for rbich ar• set tortD under
• Sactioa t of this Ordinance.
Ir) era Aap natural person, individual, public oz private corporation,
Liza, association, joint vesture, partnership, annicipality, Qovernaental
agencp, political suDdivisioa, public officer, pater, lessee, tenant or
any other entity rhatawver or anp coabination of such, jointly or
sevarallp.
(s) Potable Pater. Water that is intended for drinking, culinary or doaestic
purposes, euDjeet to coapliance xitA Countp, Stat• or pederal QrinkinQ
water standards.
(t) Public Utility. Aoy privately-owned, aunieipallp- owned, County-o~ad,
special district-owned, or State-owned systea providinQ rater or
wastewater service to the public rbich has at least 111 teen (15) service
conneetioas or regularly serves an at least•twsnty-Live (25) individuals
daily for at least sixty (60) days of the year.
(n) Regulated Substances.
(1) TDose deleterious substances and eontaainaata, including degradation
and interaction products rhieD, because of qualitp, eoneeatration, or
physical, cbeaical (1acludinQ igaitaDility, corrosivity, raactivenes^
' ', and toxicity), or infectious cDatacteristics, radioactivity,
^utagenicity, careinogsaicity, teratogenicitp, bioaecuaulative
effect, persistence (non-dagradabiiity) is nature, or any other
characteristic, say cause• significant beta to Dusan health sad
environeeat (including surface and Around rater, plants; and
aniaals).
(2) Regulated Substances shall include, but are not liaitad to, those
substances set forth is the fiats, as aaended lroa tine to tine,
• entitled, Lists of Hazardous Pastes (t0 Cf'R Part 261, Subpart D), IO
CTR, Part 261, Appendix VIII - Hazardous Coastitueats, sad EPA
Designation Rapdttable Quantities sad Notification Rsquireasats for
Hazardous Substances Under CERCLA (40 CPA 702, alfactive July ~,
1986); provided, Doxever, that this Ordinance shall only apply
rhenever the aggregate sue o! all Quantities o! soy one Regulated
• $ubatance at a given facility/building at anp one ties exceeds Live-
• (5) gallons there said substance is a liquid, or twentp-lire (25)
pounds where said substance is a solid.
TDe Ordinance shall also apply i! no single substance exceeds the
above reference liaise but the aggregate sue of all Regulated
• Substances present at one facility/building at any one tine exceeds
one hundred (100) gallons 1! said substances are liquids, or five
hundred (500) pounds if said substances are solids.
• Yhsre Regulated Substances acs dissolved iB or mixed rich other
non-Regulated Substances, only the actual quantity of the Regulated'
• _ •
Substance present shall be used to deteniae coapliance with the
provisions o! this Ordinance. Yhere a Regulated Substance is a
liquid, the total volume of the Regulated Substance present in a
solution or ~iztura of said substance xith other substances shall be
deterained by volume percent coaposition of the Regulated Substance,
• provided that the solution or aizture eontainiag the Regulated
. Substance does not itself have say of the characteristics described
in Section 3.01 (t)(1) above.
(3) Thia Ordinance shall apply to all underground storage facilities for
petroleua products rhich are not regulated by Section 376.317,
• llorida Statute, sad Chapter 17-61, Tlorida Adaiaistrative Code.
~:' ,. (v) ~pil~. 7h• napernitted release or escape of a Regulated Substance, .
_ irrespective of the quantity thresholds in Section 3.01(1)(2), directly or
'`'` indirectly, to soils, surface raters or groundxaters. •
I,;; (w) Otil A public utility, power company or telephone conpanp rhich
~ serves the general public.
(x) V_9j~. Any excavation that is drilled, cored, boced, washed, driven, dug,
jetted, or otherwise constructed when tD• intended use 01 such excavation
j„' i^ to conduct groundwater frog a source bed to the surface Dy puapiag,
:' _ natural Llow or other method.
I (y) Wellfield. An area of land rhich contains one or aore•than one cell Lor
obtaining water.'
(z) • ~gnea o! Influence. Zones delineated by iso-travel Liss contours and the
one (1) Loot drawdorn contour within cones o! depression of wells rhich
obtain water frog the unconfined or surficial aquifer ryatem. These zones
era calculated, Dasad on the rata of movement of grouadwaters in the
vicinity of rolls at a specified peeping rate.
(aa) Zones of Influence Maps, Aerial photographs at scales deterained by the
Departnent shoring the location on the ground of the outer limits of Zones
. 01 InLluenc• for present and future public potable rater supply cells and
rellLields of pernitted Lor 100,000 gallons yes dap or scare.
Section d. NAPS OT ZONES OT INTLUENCE.
x.01 Th• Zones of Influence Naps developed as described in subsection x.04,
Zon• One (1) being coaplated oa February 19, 1988, and Zones Txo (2) and Three (3)
being completed in Nay, 1988, ors incorporated herein and made a part of this
Ordinance. Thssa Maps shall De on Lil• and maintained by the Departnent. Asp
amendaents, additions or deletions to said Nays shall be approved by the board of
County Coanissioners of Pals Beach County Lolloring written notice, Dy the
Departnent, to property owners witbin the area covered Dy the amendment, addition,
or deletion, and after public hearing. Vritten notice as provided herein shall be
at least thirty (30) days prior to the public hearing on the amandaeat, addition or
deletion. Said ^aps shall be provided to the Pal^ Beach County Planniaq, Zoning and
building Departnent, the Groundwater sad Natural Resources Protection Board sad any
~ other agency requesting said ^aps.
l.OZ The Zones of Influence ^aps are based upon travel tine contours and one
foot drawdorn contours. They ors generated using a contaminant transport coaputer
model that simulates pollutant aovenent using Darticles released around rolls in an
inverted head/velocity Bald. The head/velocity field i^ calculated by using liaits
dilfereace coaputer modeling techniques that incorporate the affects of an extensive
canal system and Year 2010 build out punpaga rates. The pumping rates were
'deterained by first projecting population figures for the Tear 2010 !or each public
utility service sees sad aultiplyiag this by a par capita eonsumptioa rate
determined by the South llorida gater Naaagameat District and by consultation with
public utilities regarding relltield expansion and developaant.
x.03 -The Zones o1 InLlneaee Maps shall b• reviewed at least on an annual
basis. Norever, lailur• to conduct said review shall not affect the validity of the
existing approved Naps. The basis for updating said Naps say include, Dut is not
1lnited to, the following:
(a) Changes in the technical Ynorledge eonceraing the applicable aquifer.
(b) Changsa in pupping rate of welliields.
(c) Vellfield reconfiguration.
(d) Desipnatioa o1 per relltields.
;•; 4.0~ The Zones of Inllueacs Indicated on the Zones of Influence Naps are as
follows:
(a) Zon• One (1): The land area situated betreen the well(s) and the.thirtp
j (30) day travel tine contour. ~'
(b) Zona Two (2): the land area situated betreen the thirty (30) dap and the
' ', tvo,huadred ten (210) day travel tine contours.
~ (c) Zone 'three (3): The land area situated betreen the two hundred ten (210)
~ day and the five hundred (500) dap travel Ciao contours.
t' .
' (d) Zon• Tour (41. The land area situated beyond the live hundred (S00) day
.• travel tine contour and within the one (1) Loot drawdoxn contour.
i, .:
Section S. RESTRICTIONS gITBIN ZONES OP INFLllENCE. ,
S.O1 ~qns Oa• (1): Th• ase, handling, production, and storage o! Regulated
Substances associated with nonresidential activities is prohibited in Zoa• One (1),
except as.providad under the General isemptions and special Exsaptioas provisions
' o! this Ordinance. All existing nonresidential activities within Zoas Oo• (1) rhich
' store, handle, use or produce any Regulated Substances•shall cease to do so within
one year from the date of aotiLication under this Ordinance, except as provided in
this Section. The owners or operators of such activities within Zone On• (1) shall
be notified in writing, by certified mail, or hand delivery by the Departnent,
within sixty (60) days o! the elteetive date 01 this Ordioanee as to the
requirement to cease the use, handling, storage, and production o! Regulated
3ubstaaees, A Closure Permit application, Ceaeral Exemption application if the
activity is claimed to be exempted under the provisions of Sections 12.02, 12.03, or
14.07 of the Ordinance, or a Special Ezeaption aDplieatioa prepared and signed by a
Professional Engineer registered or Professional Geologist licensed in the State of
' Tlorida shall De submitted to the Departnent rithia 120 days receipt of the notice
to cease. xithia 30 days of receipt o1 said notlee, the owner or operator shall
Lil• with the Departnent proof of retention of said engineer or geologist.
Any nonresidential aetivitp is ions One (1) rhich is allowed to continue in
aceordanc• with the general Exeaptioas or Special Exemptions set forth in this
Ordinance shall obtain an Operating Perait, unless expressly not required by this
Ordinance, whicD shall indicate the special conditions to be instituted and the
dates on rhich such conditions shall De instituted. Such activities shall conplp
with all Zon• Two (2) requirements unless otherwise provided herein. No expansions,
aodiiication• or alterations rhich would increase the storage, handling,. ase or
production of Regulated Substances shall be pernitted in Zoa• Ona (1). An over or
operator that is denied a Special Exsaptioo shall be issued a Closure Perait as part
o! the denial process. Amp operating permit application required herein shall be
filed rit4 the applications Lor Ceaeral txeaption or Spacial Exaaption.
5.02 Zone Two (2): All nonresidential activities within Zone Txo I2) rhich
store, handle, use oc product soy Regulated Substance are prohibited iron doing so
unless they qualify as a General Exaaption, obtain a Spacial Exaaption, or receive
an Operating Perait tzoa the Department rhich complies with the following
conditions:
~I
S
(a) Containaent of Regulated Substances.
j Leak-proof trays under containers, !loot curbing or other containaent
I `~• ~ systns to provide secondary liquid containaent shall De installed. The
~ ~'~~` containaent shall b• o! adequate size to haadl• all spills, leaks,
~ ;..y;;h; ovsrllows, and precipitation until appropriate action can ba laksn. Th•
specific design and selection of saterials shall be sufficient to preclude
~'~'~~•. nay Regulated Substance loss to the external environaut. Containaent
'~:'~" ~~ systeas shall De sDeltarad so tDat the iatrusioa of precipitation is
effectively prevented. The owner/operator nay choose to provide adequate
and appropriate liquid collection aethods ratDer than sheltering only
~~1'~ after approval of the design Dy the Departaent. TDese requiraaents shall
i,r;'+ apply to all areas oL use, production, and Dandling, to all storapa
'J:,t• area, to loading and off-loading areas, and to above-Around and
underground storage areas. TDe containaent devices aad liquid collection
°~`~',, systeas shall b• certilied in the operating perait application by the
;:~° ¢'~' Professional Enpiaaer registered or Professional Geologist licensed in the
K~:'_
.,~hl!~~,_ Stab of Florida.
,Y.:,~:(b) Eaergencv collection devices. Vacuua suction devices, absorbent scavenger
'_•d saterials or other devices approved Dy the Departaent, shall be present
• ,M.,.....~t. on-sits or available rithin tvo (T) Doers (one Douz is Zon• one) by
•„ .,contract rith a clan up eoapanp approved by the Departaent, in sufficient
_ magnitude so as to control and collect the total quantity of Regulated
~• ~ suDstaaces present. To rtes degree feasible, eaargency containers shall M
"•':" •'•' ~ resent aad o! sucD ca acit as to hold the total uantit of Ra elated
,c„', ~ Substances plus absorber aatarial. TDe prasuc• of sucD aaergaoep
•F,4~~:,~•.,, collection devices shall ba certified in the Operating Panit application
;:':'~:,., .. for existing activities. such csrtiticatioa for aar activities shall De
~s~':':•,' provided to the Departpnt prior to the presence of Regulated Substances
on the si U. Certilieation ^hall De provided by a Professional Engineer
registered or geologist certilied in the State o[ Florida.
,~;.-~..% (e) Eaeraenc~plaa. An eaergancy plan shall be prepared aad filed rith t0•
Operating Perait application indicating the procedures which will De
followed in the event of spillage of a Regulated SuDstasc• so as to
• control and collect all sucD spilled material in sucD a aaaner as to
p;event it frog reaching any store or sanitary drains or the ground.
(d) Inspection. A responsiDl• person designated Dy the peraitea who stores,
' Dandles, uses or produces CD• Regulated Substances shall cDeck on every
I
day of operation, for breakage or leakage of sop container holding the
ReQulated•SuDatances. Electronic sensing devices nay b• eaployed as part
of the inspection process, if aDDroved by rtes Departaent, and provided
tDe •enaing ayate^ is checked daily for ^allunctions. Tha meaner o! daily
inspection shall not necessarily require physical inspection o[ each
eontaloer provided the location o! tD• containers can b• inspected to a
degree which reasonably assures the Departaent that breakage or leakage
' can be detected by tA• inspection. Monitoring records shall be kept aad
aad• availaDl• to the Departaent at. all reasonable tines for •xaaiaatioa.
(eI Fropar and adequate Regular Maintenance of containaent and uergencv
' eguipsent. Procedures shall De established !or the quarterly in-house
inspection and ^aintananc• of eontainunt and nergeacy aquipaaat. Such
procedure shall be in rriting; a regular checklist and achedul• o!
^aiatanance shall Da established; ^nd a log shall De kept o! inspections
and aaintenanee. Such logs and records shall be available !or inspection
r~ by tD• Departaent.
`• ~ (!) Deporting o! spills. Anp spill of a Regulated Substance in excess of CDe
I non-aggregate quaatitp thresholds is Seetioa 7.01(u)(4) shall bs reported
Dp telephone to the Pal^ Beach County Aealth Onit and designated public
utility rithin oa• (1) hour, and the Departaent rithin treaty-four (Z4)
Doers of discovery o! the spill. Clesa-up shall eoaaenca iaaediately
upon discovery o! tDe spill. A lull rritten report including tDe steps
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1
taken to contain and clean up the spill shall be subaitted to the
Departaent rithin fifteen (15) days of discovery of the spill.
(g) Monitoring for Regulate~~aaces____ia__ the__4gtable - water roll.
Arrangeaeats shall b• aad• ritb the designated public utility to establish
a aeai-annual schedule o! zar rater analysis unless saaplinp results
indicate conta~ination, in rhieh cas• the Departaent shall require an
increased sapling schedule. TDe analysis shall be !or all suDstaaces
rhicD art listed on CDe Operating Perait. TDe analytical raporta shall
be prepared by a State of Tlorida certified laboratory, certified !or tDe
applicable analyses. It shall be the responsibility of the designated
ppublic utility to provide !oz CDa saaplinp aad analyses but the cost shall
ba borne by.tDe peraitteq or those peraittees on a pro-rata basis as to
tDe sane substances listed on the peraits of those peraittees in Zones of
Influence , o! tIIe subject roll. Saaples shall De taken Dy tDe State
certified laboratory perfoniap the analyse, or its authorised
representative. 1 referene• set o! tar rater analyses shall De coapieted
!or •ach xell for rhicD a Zone of Influence Map bas been •stabllsDed.
Said analyses shall ba coapleted rithin one-Dundred-eighty-five (1B5) daps
attar tDa eltactive date of this Ordinance, sad a copy shall be fonarded
to tDe Departaent rltDin fourteen (14) daps of coapletioo. Said analyses
shall address inorganic priority pollutants as listed is EzhiDit E and
organic riorit
p Y pollutants as listed in Chapter 17-42 F.A.C., as aaended
' lroa tine to tine, and as shorn in Exibit E, and tDe cost shall De borne
Dy rtes utility. TDe analytical reports shall De prepared Dy the State oL
' Tlorida certilied laboratory, certified for the appllcaDle analyses.
Saaples shall be taken by tDe State certilied laboratory pesiorainq the
analysts, or its authorized represutRtiw.
Seai-annual reports prepared Dp a State of Florida certified laboratory of
the analyses for Regulated Substances shall De anbaittad to the Departaent
!or the pnrpos• of deteraining tDe prssac• of Regulated Substances in each
roll for rieD a Zone of Iallueace Map Das Deaa established.
(b) Monitoring for Regulated SuDstaacea in groundwater aonitoring cells.
Crouadrater aonitorinq roll(s) shall be provided at the expense o! CDe
peraitte• in a manner, suaDer and loeation.approved by tA• Departaent.
Except for existing rolls found Dp the Departaent to be adequate for this
provieioa, tb• required well or rolls shall be installed by a State o!
Florida licensed rater roll contractor. Saaples shall De taken by the
State certilied laboratory perforaiaq the analyses, or its anthorized
representative. Analytical reports prepared by a State o! Tlorida
certified laboratory of tb• quantity present in •ach aonitoriaq cell oL
the Regulated Substances listed In CD• activity's Operating Perait shall
De filed at lust annually, or note frequently, as deterained Dp tb•
Departunt, based upon site conditions and operations.
' (i) Alterations and expansion. TDe Departaent shall be notified in rtitinq
prior to tDe expansion, alteration or aodilication of an activity holding
an Operating Perait. SucA expansion, alteration, or aodilication nay
~ result Lroa increased square footage of production or storage capacity, or
lncreased quantities of Regulated Substances, or changes in types of
Regulated Substances beyond those square Lootapes, quantities, and types
upon rDicD the perait cas issued. Excluded frog notilicatioa prior to
alteration or aodilication are changes in types o! Regulated Substances
used in a laboratory or laboratories designated as such in the cgrrantly
valid perait rhie4 do not exceed tD• non-aggregate liaits in Section
].01(u)(2) and rhicn are rithin the Generic Substances listed in said
perait based upon the Generic Substance List attached hereto and
incorporated Derain as Exhibit A. Should a facility add new Regulated
. Substances xhich individually are helot the non-aggregate liaits is
• Section 1.01(u)(Z), it shall notify the Departaent on the annual basis of
the types and Quantities of such substances added and tD• location o! the
:•i 7 • .,.... .~.. .. ..
•
nee, handling, storage, and production o! said substances. Should the
aggregate quantity of such additions exceed the aggregate licit in
].O1(u)(2), no notification other than the annual notification described
above is required. 11ny such expansion, alteration or codification shall
~ bs in strict coaforeity with this Ordinance. Further, except as provided
• herein, nay existing Operating Parsit shall be mended to reflect the
introduction of any new Regulated Substances resulting Lros the change.
However, the introduction of any new Regulated Substance shall not prevent
I~ the revocation or revision o1 any existing Operating Perait if, in the
opinion of the Departsent, sucD introduction substantially or eaterially
codifies, alters or atlecta the conditions upon rhich the existlnq
Operating Perait ras granted or the ability to reeain qualified as a
General Exception, if applicable, or to continue to satisfy any conditions
~!• that bare been ieposed as part of a Special Exception, i! applicable. The
Departsent shall notify the percittee in writing rithin sixty (60) days o!
receipt of the pcnittee'^ notice that the Departsest proposes to revoke
or revise the perait and stating the grousds therefore.
• (j) Reconstruction after catastrophe. Reconstruction of any portion of a
i structure or building in rhich there is any activity subject to the
provisions of this regulation which is dasaged by fire, vandalise, flood,
explosion, collapse, rind, car or other catastrophe shall bs is strict
( contoreity rith this Ordinance.
(k) All existiaq nonresidential activities in Zone Tro (2) rhich use, handle,
store, or produce Regulated Substances shall file an application for an
;~ Operating Perait rithin ninety (90) days or a Closure Perait application
or Spacial Exception application rithin one hundred treaty (120) days of
~ the receipt of rrittsn notice Lroe the Departsent. Said pareit
application shall De prepared and signed 'Dy a Professional Engineer
registered or Prolessional Geologist licensed is the State of Florida.
~~ Yithin thirty (]0) days of receipt of said notice, the owner or operator
~! shall file rith the Depar heat proof of retention o! said engineer or
geologist. IL application 1s ^ade !or an Operating Parsit, such a perait
1I ^hall be issued or denied rithin sixty (60) days of the tiling of tDe
cocpletad application. IL the application for an Operating Perait is
denied, then the activity shall cease within twelve (12) combs o! the
denial and an application fora Closure Perait shall De filed rith the
~I Departsent rithin one hundred tventy (120) days of the denial of the
~, Operating Perait.
~ S.0] Zone Three (]): 111 nonresidential activities rithin Zone Three (])
E~?hie6 store, handle, produce or use any Regulated Substances are prohibited unless
;they qualify as a Oenetal Exception, obtain a Special Exception or receive an
• Operating Parsit which eoeplies rith the following conditions:
~,j (a) Those conditions set forth in Subsections 5.02(a), (c), (d) and (L):
+I (D) Yithin thirty (]0) days of acquiring knowledge of nay spill ot.a Regulated
(, Substance the Deparheat shall consider revocation of the perait or
rcvislon o! it to cocply rith rose or all the other conditions act forth
in Subsections 5.02(a) through (j), in addition to those required by
~~ Section S.0]la) above. In consideration o1 whether to revoke or revise
CDs perait, tDe Departsent ^ay consider the intentional nature or the
t~ degree o1 negligence, i1 any, associated with the spill, the extent to
) rhich containecnt or cleanup is possible, the nature, nucbar and irsqueacy
~ 01 previous spills Dy the penittee and the potential degree o1 ban to
~' the groundwater and wrrounding wells due to such spill.
t.' (c) lL a noarasidcntial activity in Zone Three (]), on its own initiative, Da^
j a facility eeetiag tDe conditions o1 Section 5.02(a) througD (j), then its
~~ Zone TDrse (]) Operating Pescit shall so indicate and the conditions of
~~ Section 5.07 (b) shall not apply.
' (d) Operating penits required by this section shall Dc applied Lor and
~ processed in accordance with Section 5.02(k).
;i
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•
5.01 Zona Tour (4I: 111 nonresidential activities rithin Zone Fouz (4) rhicD
store, Dandle, product or use any Aequlated Subatancas era prohibited unless they
quality as a General Exception, obtain a Special Sxeeptioa or receive an Operating
Parsit rhich coeplies rith the tolloving conditions:
(aI Those conditions set forth in Subsections 5.02 (d) and (f).
(b) Yithin thirty (30) days o! acquiring knorledgs of any spill of a Regulated
Substance the Departsent shall consider revocation o! the perait or
revision o! it to eoeplp ritA apse or all the other conditions set forth
in Subsections 5.02(a) through (j), in addition to those required Dy
Section S.OI(a) above. In consideration of rbether to revoke or revise
the perait, the Departsent ^ay consider the intentional nature or the
degree of negligence, it any, associated ritD tDe spill, the extent to
rhich containeeat or cleanup is possible, the nature, nueDer and frequency
• of previous spills by tDe persittee and the potential degree of ban to
the groundvatet and surrounding cells due to sucD spill.
' (e) IL a nonresidential activity in Zone Tour (4), oa its own initiative, has
a facility seetinp the conditions o! Section 5.02(a) through (j), then Sts
Zoae Tour (4) Operating Perait shall so indicate and the conditions of
Section 5.04 (D) shall not apply. `
(d) Operating penits required by this section shall be applied for and
processed in accordance rith Section 5.02(k). Horevar, a nonresidential
activity in Zone Tour (4) is not required to retain an engineer or
• geologist to prepare tDe operating perait, providing that Section 5.0/(D)
or (e) does not apple.
S.OS Other Recuirseents and Liabilities. 1 notice to cease, a perait or
exception issued wader this Ordinance shall not relieve the 'owner or operator of the
obligation to coeply rith any other applicable federal, state, regional or local
regulation, rule, ordinance or requireseot. floc shall said notice, perait, or
exseptioa relieve nay owner or operator of any liability for violation o1 sash
regulations, rules, ordinances or requireeents.
5.06 Rewiraseats for sanitary sewers and Lxfiltration Svstaes,
(a) 111 new or raplaceceat installations of sanitary serer cams in Zone One
(1) or lone Tro (2) of a public drinking rater rslltield shall be
constructed to force eeln standards. Standards !or installation are shorn
in Exhibit T sad shall be enforced Dp the Pale Deaeb County Public Realth
Unit througD the perait process.
(D) No ner extiltration spstec shall M constructed in Zone One (1) or Zone
Tro (2) of a public drinking rater relltield.
Section 6. PERMITS.
6.01 Yellfleld Protection Penits.
(a) This section provides the tequireeests sad procedures for the lssuanee by
the Departsent of Operating and Closure Percits required by this
ordinance.
(D) 1n application which satisfies tDe requireeeats of the applicable Zose of
Influence and Section 6.02 and, it applicable, Section 12, shall be
approved and a perait issued. Ia addition to the failure to satiety these
raquirecents, the Departsent say deny a perait based on repeated
-iolations o! this Ordinance.
(c) 1n Operating Perait shall reeain valid provided the pareittee is in
cocpliance rith the totes and conditions o! the perait.
(d) Pereitteea shall not M required to pay annual renewal Less until October
1, 1990. legianing October 1, 1990, all current and future pereittees era
subject to as annual reaeral license !ee as stated in Exhibit C.
Notification to the Departsent under Section 5.03 (i) is due xitD the
rsasral fee.
(e) The Departsent shall have the right to sake inspections oL facilities at
reasonable rises to deterains conpliancs with this Ordinance.
(L) All of th• facilities owned and/or operated by one person when these
structures and activities are located on contiguous parcels o! property
even there there are intervening public or private roads, say be covered
under one pewit.
6.03 Persit aoolications.
(a) O~cretin Persit. All applications, as a ainisus, shall provide the
fol orinq in orsation:
(1) A 11st of all Regulated Substances and substances on the Generic
SuDetaace List rhich are to ba stored, handled, used or produced in
the nonresidential activity being persitted includisq their
quantities.
(3) A detailed description of the nonresidential activities that involve
the storage, handling, use or production o! tDs Regulated Substances
indicating the unit quantities in xhich the substances ar• contained
or ^aaipulated.
' (3) A description o! the containsent, the esergency collection devices
and containers and esergency plan that will De -esployed to cosply
rith the restrictions required for Zones Tro (3) and 7hre• (37 as set
forth above. For Zoae Tour •(4) this particular docusaotatioa will
only b• required i! a persit revision is required pursuant to
Subsection S.Od(b).
(1) A description o[ the daily soaitorinq ~activitie^ that Dave Deen or
rill De instituted to eoaply rith the restrietioas !or Zones Two (3),
Three (3) and Tour (~) as set loctD above in Section 5.03.
(S) A description o! tD• saintenancs that will De provided !or th•
eontainseot lacility, sonitoring systes, and esergeacy equipsent
required to cosply rith tte restrictions of Zones TDrre (3) and Four
(~) as set fortD above. For Zons lour (~) this particular
• docusentatioa x111 only D• required for a revised Operating Persit as
required by Subsaetioas 5.03{D) and 5.04(b).
(6) A description o! tD• groundwater sonitorinp wells that Dave Deen or
rill De installed, other pertinent cell construction ialorsation, and
the arranpesents rhieh have bean ^ade or which x111 De ^ads for
certified analyses for specified Regulated Substances. For Zones
7Dra• (3) and lour (4) this particular docuseatation rill only De
required !or a revised Operating Persit as required Dy Subsactioas
5.03 (b) and 5.01(b).
(7) Evidence o! arzangesent• •ad• with the appropriate designated puDlle
utility for saspling analysis o! the raw rater lros the potable water
refl. Tor Zones Three (3) and Four (4) this particular docusentatioa
x111 only be required for a rsvlsed Operating Persit as required Dy
SuDsectioos 5.03 (b) sad 5.04(b).
(S) An agreeseat to indesnity and hold Pal^ Beach County harsless iron
any and all claiss, liabilities, causes of action, or dasagea arising
out o! the issuance of tD• persit. ?he County shall provide
reasonable notice to the persittee of any such claiss. For Zona Four
(1) this particular docusentatioa will only De required !or a revised
Operating Persit ae required by Subsection 5.04(b).
(9) Th• application !ot the Operating Persit shall be filed rith the
DeDartsaat rithin ninety (90) days of receipt o! written notification
ttos the Departsent.
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(D) Closure Persit. Closure persit applications shall provide the following
inforsatioa:
(1) A acbedul• o! events to cosplete the closnre of an activity that does
or did store, Dandle, use, or produce Regulated Substaneas. As a
:cacaos, the following actions shall De addressed:
a) Disposition of all Regulated Substances and eontasinated
containers.
D) Cleanup o! the activity and environs to preclude leaching of
unacceptable levels of residual Regulated Substances into the
aquifer.
c) Certification by a Professional Engineer registered or
Processional Geologist licensed in the State of Florida that
disposal and cleanup Dave been cosplated in a technically
acceptabl• :enact. ibe requireseat for certification by a
• Professional Engineer or Geologist say bs xaived i! the
applicant provides evidence to the Departsent tDat all o! the
following itess ar• applicable:
1) The .entire operation is •aistained inside tDa building(s)
o[ th• lacility.
2) The standard sathod of tasovinq operating taste is not by
septic tank, serer wins, or floor drains.
3I TDere is no evidence of spills perssating floors or
environs. •
~) TDere are no outstanding or past notices of violation stns
any regulatory agescy concerned rith hazardous, industrial
or special taste.
S) TDere is no evidence of past, eontasination in the public
drinking rater cell(s) associated xith the facility in Zone
1.
6) The applicant :ball provide a scorn stateseat that disposal
and cleanup Dave been cospleted is a technically
acceptable sannar.
d) Aa appolntsent !or an inspection Dp tD• Departsent.
•I Aa agreesent to indesniip and hold Pals eeaeh Couatp barsless
lros nay and all claiss, liabilities, causes o! ^ction, or
dasages arising out of the issuance of the persit. Ths County
shall provide reasonable notice to tDe persittee o[ nay such
clans.
(3) The issue oL roll reconfiguration shall De evaluated Dp the
Departsent and tDe a[fected public ntilitp as an alternative to a
closure persit during t))s persit application ptocaas. Should a
utility aotiiy the Departsent in rritinq that it intends to
seeoafiqure a relllield and said coatiguration no longer subjects a
facility to Zoae One (1) or Zon• Tro (3) requiresents, tDe Departsent
sap lssu• an Operating Pesadt provldiag condltioos under rbich said
lacility say continue to operate.
(3) The Departsent of Enviroosaatal Regulation and the Pal^ BaacD County
Public Ree1tD Uait shall De advised in writlnq o! •acD Closure Patsit
application.
(c) Patsit conditions. TDe persit conditions :ball ensure cospliancs ritD all
the prohibitions, restrietioas, sad requiresents as set lortD in this
Ordinance. SucD conditions say include, Dut not De lisited to,
sooitorinq tells, periodic groundrater analysis reports, and cospliancs
schedules. Said conditions sap also include raquirsssnta in a•closure
persit to seduce tD• risk in the inters: o! contaaination of tDe
groundraters, taking into account cost, likely •tfactiveaess and degree of
risk to the groundwater. -
(d) Eond required. Except as provided in Section 6.03(d)(S), no persit Dersin
required shall b• issued unless there is tiled at tDe rise o! application,
:: 7 11
•
except in the case of an application by a political subdivision or agency (c) Perait transfer Lee. Tha !ee for transfer o! as Operating Perait or
of tDe Statt, a cash bond, perait bond with a corporate surety, or letter Closure Perait shall be Treaty-Five Dollars (S25.00) to defray tie cost of
of credit is tDa count required by Exhibit B, attached Dereto and processing the transfer. Application for Traasier Perait is to be wade
incorporated herein, to insure that: rithin sixty (60) days of trapsisr of oraership of the activity.
(1) The peraittea rill operate its nonresidential activities aadlor 6.04 Revocation or Revision of Perait or General or Special Exemption.
closure o! sucD noareaidential activities, as apDlieable, in (a) Any perait issued under the provisions of ibis Ordinance shall not Decoaa
accordance xitD tDe conditions and requireaents o! this Ordinance and vested in the peraittee. TDe Departaent nay revoke any perait issued by
peraits issued hereunder. it by first iasuinq a rrittea notice of intent to revoke (certified ^til
(2) TDe Deraittes shall reiaburse Pals BeacR County in accordance rith return receipt cequested, or hand delivery) if it Linda that the perait
Subsection 6.02(a)(8), (b)(1)a) and (e) of this Ordinance !or any sad bolder:
all expenses and cost^ rhicD Pal^ BeacR County incurs as a result o! (1) Bas failed or refused to coaDly rith sop of tDe provisions of this
tDe peraittee LailiaQ to coaplp xitD tAa conditions and requireaents Ordinance, including but not
of this Ordinance. liaitad to perait conditions sad bond requireaents of Section 6.02 (d)
(7) Beior• a bond or letter oL credit is accepted by the Departaent as Derein; or
DeinQ in coapliaace rith this section, the bond or letter of credit (2) Has subaitted !else or inaccurate inloraation in this application; or
shall De revierad tad approved by the Pal^ Beach County Attornap's (]) Bas !ailed to subait operational reports or otDer inforaation
Oftica and shall De tiled with the Clerk of tb• board of County required by tDis Ordinance; or
Coasissioners., A corporate bond shall be executed by a corporation (4) Bas refused lawful inspection Hader Section 6.01(e); or
authorised to do business in the State o! Florida as a Surety: A (5) Is subject to revocation under Section 5.02(1). 5.07(D) or 5.01(b).
' cash bond shall be deposited xitD the Departaent, vho shall give (b) The Departaent nay revise any perait pursuant to Section 5.02(i), 5.03 (b)
receipt tDeratore. or 5.04(D) by first issuing a rrittea notice oL intent to revise
(4) TDe bond or letter of credit required by this Section shall be kept (certified nail return receipt requested, or Dand delivery.)
is lull lores sad etlect !or the ter^ of the perait and !or one-year (c) In addition to the provisions of Section 6.04, Subsections (a) and (D),
after voluntary eeasatioa o! activities peraitted hereunder, rithin thirty (30) days o! anp spill of a Regulated Substance in Zones One
expiration, or revocation 01 the perait. (1), 1'ro (2), or Thsae (]), the Departaent,shall consider revocation or
(5) No bond or letter of credit is required for issuance of a perait for revision of tDe perait. Upon eucD consideration t0• Departaent nay issue
the tolloriag: a notice o! intent to revoke or revise rbieD shall be aubjeet to t0e
(a) Pesticide applicators, as described in Section 12.06, unless the provisions o! Section t, or •lsct not 'to issue such notice. Ia
pest control facility is located in Welllield Zone Ona (1), Tro consideration of rhethar to revoke or revise the perait, tDa Departaent
(2), or Three (7). nay consider the intentional nature or degree of ueQllQenca, it anp,
(b) Closure o! a faeilitp, provided that the conditions listed in aesociatad ritA thi^ spill, and the extent to rhich containaent or cleanup
Section 6.02(D)(1)c) !or raiver of certification by an engineer is possible, the nature, auaber and lsequaacp of previous spills by tDe
or geologist are aDDlicabls. peraittee and the potential degree of Dasa to tDa groundrater and
(c). A lacility in Zone Four (4), unless the Departaent has surrouadiag cells due to such spill.
deterained tDat revision o! the perait is appropriate under the (d) For any revocation or revision by the Departaent of a Special Exception or
eoaditioas described is Section 5.04(b). General Exception that requires an OperatiaQ Perait as provided under the
(e) Clean-Up sad Reiaburseeent. Any person subject to regulation under this feces of this Ordlaaaca, tDe Departaent shall issue a notice of intent to
Ordinance shall be liable xitD respect to Regulated Substances aaanatiog revoke or revise rbich shall toatain the
00 or troy tDa pereoa's property for all coats of raeoval or reaedial intent to revoke or revise both the apDlieabla axeaytion and tDe
action incurred by Pal^ Beach County and daeages for injury to, accoepanying Operating Perait.
destruction of, or loss o! natural resources, including the reasonable (e) The rrittea notice of intent to revoke or revise shall contain the
costs o! assessing sneD injury, destruction or loss resulting frog tDe lolloriaQ inloraation:
release or threatened release of a Regulated Substance as defined in this (1) TDe naae and address of tDa peraittee, it any, and property owner, 1!
Ordinance. SucD raaoval or rsudial action Dy Pala Beach County nay ditiareat.
include, Dut is not liaitad to, the prevention of further eootaainetion of (2) 1 description oL the lacility rhich is the iubjact of tDe proposed
ground rater, aoaitoriag, containaent, and clean-up or disposal o! revocation or revision.
Regulated Substances rasultiaq frog the spilling, leaking, puapiag, (7) Location o! the spill, it any.
pouring, eaitting or duapiag of soy Regulated Substance or material xhicD (1) Concise axDlanation and specific reasons for the proposed revocation
creates an aaerQeacp hazardous situation or is expected to create an or revision.
eaerQcacy barardous situation. (S) A etataaant that "Failnra to file a yatitioa rith tDe Clark of tba
Board rithin treaty (20) days altos the daft upon rhieh peraittee
6.0] Fee Schedule. receives rrittea OOtiCa of the intent to revoke or revise shall
(a) Operating Perait lea. TDa tea for an Operating Perait under ibis
~ render the proposed revocation or revision line! sad is full loree
regulation shall ba as shorn in Exhibit C, attached Darato and and effect".
incorporated herein. A late !ea of 'hraaty-Five Dollars (535.00) spell ba (f) Failure of peraittea to file a petition Hadar Sactioa 6.01 shall render
charged if application !or a perait or raoaral is late. Th• Operating the proposed revocation or revision tine! and in Lull force and atlact.
Perait fee shall ba nsad to defray the coat of aonitoriag coeplianee ritD (q) Nothing in this section shall pseclnda or ba daaaad a condition precedent
this Ordinance. to tDa Dapactasat seakinp a teaporarp oe penaaaat injuactioa.
(b) Closure Hnit Les. The Ia• Lor • Closure Fsrait under thin regulation ,
shall De one-halt of the !aa !ot tba Oparatlag Perait.
12 ..._~. . ~ 17
• ~ •
Section 1. GROUNDVATER AND NATURAL RESOURCES PROTECTION BOARD.
7.01 Qualiticatioas and Terse of Office. The Board of County Couissioners
~ shall appoint a five (5) mbar Groundrater and Natural Resources Protection Board
~ to hear appeals and applications as provided in Section S and to bear alleged
violations of this Ordinance. The aeebers of the Groundwater and Natural Resources
~~ Protection Board•ahall have the 1o11oxiaQ qualifications and terns o! office:
~ la) Nesbers shall be residents of Pal^ Beach County and shall serve three (7)
}, year terse. However, the first tern of the biologist or chesist shall ba
i. for one (1) year and the first tars of the businessperson and
~~ bydrogeologist shall be for two (2) years. Said ranee shall be for tDrea
~ (31 years thereafter.
(b) It any aeebez fails to attend two (2) of three (7) successive Beatings
,~ rithout providing notice prior to the eeetinq of said euber's absence
,, Eros the ^eetiaq to the Departeeat of Environeental Resources Nanagesent
t or to the Chairperson of the Groundwater and Natural Resources Protection
ii Board, the Groundwater and Natural Resources Protection Board ^ay declare
the eeeDer's position vacant. The Board of County Coesissionecs shall
~ ~, prosptly Lill such vacancy.. Nesbers of the Groundwater and Natural
~ Resources Protection Board say be suspended or reeoved for cause.
~ ~ Appointeents to 1111 vacancies shall cosply with the eeeberahip
requirements mat forth in Subsections (a) sad (c). Any eeeber nay be
j~ •reappointed upon approval of the Board of County Couissioners as provided
II herein.
(c) The eaebersAlp shall bs as follows:
(1) A prolassional engineer registered by the Stets o! Florida;
(2) An attorney licensed by the Florida Bar;
(7) A hydroQeoloQiat;
(/) A chemist or biologist;
~; (5) A citizen possessing expertise and experience in unaginq a business;
7.02 Organization and Procedure.
(s) The ^aebers of the Groundrater and Natural Resources Protection Board
shall elect a Chairperson and a Vice-Chairperson. Ths pcesanee o! three
or yore sesbers shall constitute a quorue of the Board.
(b) Bearings may ba called by the chairsan or by written notice eiQaed by at
least three ^eabers of the Groundwater and Natural Resources Protection
Board. At•any Dearing, the Groundwater sad Natural Resources
Protection board may continue a hearing to another date certain or set a
future hearing date. .
(cI Minutes shall De kept of all bearings. The Groundwater sad Natural
Resources Protection Board shall keep accurate records of its public
hearings, which shall be tiled, together with its minutes, ritA the
Departsent.
(d) The Doard of County Couissioners shall provide adequate and cospetant
clerical and adeinistrative personnel as nay be sequined by the
Groundwater sad Natural Resources Protection Board Lor the proper
perforsance of its duties.
Section S.
5.02 Vritten aetition Lor review: salters for review and tine for filing. limy
yerson say appeal to the Groundwater and Natural Resources Protection Board for the
tollowinQ reasons:
(a) To appeal tAe Department's perait conditions, denial of a perait, General
txemption or non-disclosure of a trade secret.
11
(b) To appeal an intent to revoke oa.revisg an Operating perait and a General
or Special Exception.
(c) To request a Special Tacuption.
Vrittsn petitions for relic! shall De filed rith the Clert of the
Groundwater and Natural Resources Protection Doard, setting forth the
specific relief requested and the tactual basis for the relief requested.
Said petitions shall include all aaterials and docusents which are
~ necessary to support petitioner's request. Lxcept in the case o! an
.application !or Special Exception, a written request !or relief shall bs
filed with the Clerk of the Doard within twenty (20) days after the data
upon which the petitioner receives a perait; xritten notice of an intent
to revoke or. revise Ois perait, general Exception or Spacial Lxaeption; or
written notice that the application for •perait, Gsaaral Exception, or
trade secret protection bas been denied. Failure to Lila within twenty
(20) days shall constitute a rawer of the person's right to an
adeiaistrative hearing. TDa filing o! a petition authorized by this
section shall stay all proceedings ritD respect to .the matters that are
contained in the petition until there i^ a final decision of the
Groundwater and Natural Resources Protection Board, as provided herein.
8.02 Rearing Date.
(a) All appeals asd applications shall be beard rithin forty-five (45) daps of
the date lroe which the petition and supporting data era tiled with the
Clack of the Groundrater asd Natnral Resources Protection Board. Aa
extension of tine !oc the hearing may be granted by the Board !or good
cause shown.
(b) Notice of bearing shall De served opoa the applicant or pereittee and
property owner, if diifezent, by band delivery or by certified sail,
return receipt requested, no less than ten (10) days prior to the
hearing. Vhen the owner or responsible iadlriduals are not present or era
avoiding service of the notice of bearing, service shall be accoeplished
Dy posting copies of the notice o[ hearing is a conspicuous place on the
presise^ of the facility that is the subject of the appeal.
S.O7 Contents of Notice of Hearing.
(a) Nase and address of tDe pstitloner and property order, it different;
(b) Description o! the facility;
(c) Ordinance section or rsQulatioa section alleged to have been the basis of
the denial or proposed revocation or revision;
(d) Ties, date and place of the hearing;
(a) A statesent that "Failure to attend sap result is as order DainQ issued
advecse to pour latsrest";
(f) ll statesent that all parties shall bt given the opportunity to•presant
witnesses and evidence in support of their position; and
(gl A statesent rstleetinq the requiseasnts of CDapter 256, Florida Statutes,
regarding a varDatia record o1 the proceedings.
5.01 Cosnutation of Tiee. In coeputinQ the period of tine within xAicD an
appeal oust be• taken troy the perait conditions, denial o! a perait, General
Exemption or application for noa-di:closure or Lroa intent to revoke or revise a
perait, General Exception or Special Exception, the day of receipt of notice o!
said daaial or iateat to revoke or revise shall not be included. In coeputinq the
period of tine in which tDe Groundrater and Natural Resources Protection Board oust
set a hearing date, the day oa xhich the Clerk of the board receives the xritten
petition sad accospanyiaq inioreation shall not be included. Ia coaputinp the
period rithin xhich notice shall De provided prior to the hearing, the dste of the
Dearing shall not De included. The last day of any period of tine herein provided
shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event
the period shall rue until the cad of the next day xhich is neither a Saturday,
~uaday or a legal holiday. IBt~n~diate Iaturdaya, luodaya and legal bolidaya aball
,J 1S
•
De excluded in tDe coaputation when any period o! rise prescribed is the Ordinance
is less than ten (10) days; xhere said period is ten (10) days, or greater Saturday,
Sunday and legal Holidays shall ba included.
H.OS Aearinc Procedure. •
(a) All testiaoay shall be under oath and shall be recorded.
• (b) I! there is a proper notice of Dearing as provided in Section 8.02(b), the
Aearing ^ay proceed is tDe
absence of the alleged petitioner and property owner, it different.
(c) Irrelevant, iaaaterial, or unduly repetitious evidence shall be excluded,
but all othec evidence of a type comaonly relied upon by reasonably
prudent parsons in the conduct o! tDair affairs shall be adaissibls,
vhether or not sueD•evidence shall be adaissibls in a tr1a1 in the courts
of florida. Any part of the evidence ^ay be received in rrittan fora.
Hearsay evidence ^ay be used for the purpose of suppleaenting or
explaining other evidence, but it shall not be su![icieat in its el! to
• support a finding unless it would be adaissibls over objection in civil
actions.
(d) Docuaentary evidence nay De received in tAe fora oL a copy or excerpt ii
the original is not readily available.
(e) The rules of privilege shall be effective to the sane extent tAat they are
now or hereafter nay De recognised in civil actions.
(!) Lach party shall Dave tDe following rights:
(1) To be represented by counsel;
(2) To call and exaaine rltnasses;
(3) To introduce exhibits;
(4) To cross ezaaine opposing witnesses oa any relavaat
• natter, even thougD the matter vas not covered under direct
exasination;
(5) To lapeacD nay ritaess regardless o! whicD party called the witness
to testify;
(6) To rebut tDe evidence.
(g) Any interested party oc person wAose substantial intsresta are affected
may make application, sad upon good cause shown, may De allowed by the
Groundwater sad Natural Resources Protection Board to intervene is a
pending proceeding. ,
(D) In an appeal o! an intent to revoke or revise a Spacial Lxeaption or
General Lxeaption that also requires an Opsratinp Perait under tAe tams
o! this Ordinance, CAe appeal of DotA the intent to revoke or revise the
applicable exception and !De accoapanying perait shall De consolidated
into one Aearing.
H.06 Decisions by the Croundnter sad Natural Resources Protection Hoard. At
all hearings, the Groundwater sad Natural Resources Protection Hoard shall Daar sad
consider all facts aaterlal to the appeal or application for Special Lxeaption and
aAall tAeraatter issue a decision based oa the greater weight o! the evidence. Sach
decision may atfira, reverse or aodity the action or proposed action of the
Departaent.
H.07 eview. The decision of the Grouodrater sad Natural Resources
Protactioa board, or the Hoard o! County Coasiaaionars under Section 14, as
applicable, shall bs final adaiaistzative action on behal! of tDe Departaent and tAe
County. Any person rho is a party to the proceeding before tDe Grouodrater and
Natural Resources Protactioa board or Hoard of County Couissioners under Sactioa
1t, it appllcaDla, may appeal to the Circuit Court of Pala Beach County in
^ccordaace ritD applicable florida Appellate Rules.
Section 9. PROTECTION Of iUTURE YELLTIE[•nt.
TAe prohiDitiooa and seetrietions set tortA is this t)rdinaoce sad is
regulations proaulpated pursuant Dereto shall apply to any sites officially
designated by the Hoard o! County Coaoissioners as future re1111e1ds. tucD
.. .. It
prohibitions and restrictions shall becoae alfectire upon approval by the Board of
County Coaoissioners of the Zones o! Influence naps Eor the designated future
welltield. Prior to final action by tAe Hoard o! County Coaoissioners in
designating a future relllield or approving tDe inner of Influence naps Lor those
walllialds, all property orners and discernable operating activities rithin the
area a[tected shall receive mitten notice at least thirtp (30) days prior to the
proposed public Dearing at xDicD the action shall Da considered.
Section S0. DETERMINATION Oi LOCATION itITRIN ZONES.
10.01 In deteroiaing tDe location o! properties and facilities rithin the
soaes depicted oa the Zones of Influence asps, the folloring rules shall apply:
(a) Properties, located wholly rithin one (1) Zooa reflected on tDe applicable
Zones of Iaflueace ^aps shall be governed by the restrictions applicable
to tAat Zooe.
(b) To tDe extent Section 10.01 (c) does not apply, properties having parts
lying rithin sore than ooe.(1) Zone as reflected on tDe applicable Zones
of Influence naps shall De governed by tDe seatrictioas applicable to tAe
soae io rbicD the part o! the property is locaCed.
(c) VAere a travel tine contour rDicD delinaatee tDe boundary Detveaa fro (2)
Zones o1 Influence passes througD a facility, the entire facility shall be
coaaidered to De in tDe sore restrictive soae.
(d) Where the facility, or portion thereof, is overlapped by Zones o!
Intiueace o! different yells or welllialds, tba ^trietar zones shall
apply.
Sactioa 11. APPLICATIONS TO NLg ACTIVITIES AND RESTRICTIONS ON ISSUANCE Oi
HUILDINC PERNITS AND OCCUPATIONAL LICENSES. •
(a) No building perait or occupational license !or any nonr~sid~ntial activity
shall De issued by the County or any city located ritAia Pal^ HeacD County
that could allor developaent or construction in Zones One (1), ho (2),
Three (~), or -our (~), that is contrary to tDe restrictions sad
provisions provided in this Ordinance. Peraits or occupational licenses
issued in violation oL tD1s Section con[ira no right or privilege oa the
,. grantee and such invalid perait or licenses rill not vest rights.
' lb) TDe requireaents sad provisions o! this Ordinance shall apply iuediately
upon the effective date of this Ordinance to all saw nonresidential
activities. an existing activity i^ one for rhicD a building perait or
occupational license Dad been issued by the approprlate jurisdiction prior
to the ettectlve date of thin Ordinance and rhicD had not expired on or
before the effective date of this Ordinance, or for rAicD a eoapleted
building perait or occupational license application Dad been tiled and
accepted ritD tD~ appropriate jorisdiction prior to the effective date of
this ordinance. All other activities shall be duaed "rear".
(e) Any application !os a aooresideatial or residential developaent greater
than treaty-five (25) units for a building perait or nonresidential
developaent subject to revier by as advisory planning body sad approval Dy
tAe local governing authority or soning board o! appeals that ioelndas
property rholly or partially rithin Zone One (1), Tro (Z), TDree (l), or
Tour (1), of a rallfield shall include requireaents of the Departunt.
These regnireaeots shall De as follors:
(1) Notification by the local governing authority of the location of the
property in Zone One (3), Tro (2), TDree (3), or Tour (1) and
notarised letter frog applicant adaitting acceptance of
notification. Notification shall De prepared by CDe Departaent
providing details oL Zones, prohibitions, and oeasures required for
• eoapliance; or .
(2) EuDaittal of application to tDs Departaent for aotiticatioa.
:~+', 17
•
(d) 1ny application submitted !or an occupational license !or any use rithin
Zon• One (1), Txo (2), Three (3), or Four (d) 01 am incorporated or
unincorporated area shall require certllication by the Department that the
ua• ^sets the applicable requirements of this Ordinance.
(e) It shall bs the duty of eacD local agency to screen all applications for
Zon• Ops (1), Two (2), Three (3), or Four (d) occupational licenses.
(f) 7h• Department shall pcovide a list to all local agencies of potentially
prohibited operations in Zone Op• (1).
(Q) Copie• of Building Peraits of residential activities larger than trenty-
fiv (28) units, all nonresidential projects, and all occupational
licenses issued for Zone One (1), Tro (2), recce (~), or Four (d) shall b•
submitted to.th• Department op a ceekly basis.
Section 12. GENERAL LxEMPTIONS.
~~ 12.01. Activities Claimiaa a General Exemption.
) (a) A General Exuption application and Operating Permit pursuant to the
provisions of Section 5.02 shall be regnlred for app nonresidential
' activity claiming a General Exempting under Sections 12.02, 12.03, or
~ 12.07 and shall De tiled rith the Department. No ner nonresidential
~ facilities shall be permitted into Zone One I1) after the effective date
of this Ordinance if the ner non-residential facility stores, handles,
produces or uses any Regulated Substance.
(D) Such application shall contain a coneiae statement Dy the applicant
detailing the circumstances agog rhich the applicant believes would
entitle hi^ or Der to an exemption pursuant to Section 12.01(a) above.
(c) A one hundred dollar (5100.00) fee shall be filed rit6 the application to
defray the costs of processing such application.
~ (d) Yithip thirty (30) corking days o! receipt of an application for General
~ Exemption, the Department shall inform the applicant whether such
epDlieation contains sufficient information fora proper determinatiop to
bs made. If the application is found to De insufficient, then the
Department shall provide to tb• applicant a rzitten statement by certified
mail or Dand delivery requesting tb• additional information required. Th•
applicant shall inform the Department vithin ten (10) rorkigg days of the
date of the rritten statement of his or Aar intent to either furnish the
information or Dave the application processed as it stands. TD•
Department ~ahall have pinery (90) corking days from either the rendering
of a sufficiency determination or receipt of additional information making
an applicatiog sufficient to make a deeisiop.
12.02 Exesvtions for fire police, emeroency ^edical cervices ind County
emeraeney ^anayement center facilities.
' Existipg fire, Dolica, emergency •edical services and County emergency management
center facilities are exempt from Zone 1 prohibitions as set forth in Section 5.01.
~, Horever, as Operating Permit shall be obtained pursuant to Section S.O1.
' 12.0) Exemptions for Utilities in Zones Oa• (1).
~ Utilities as deflnad Derain shall be exempt, except for the ^aintenanca and
refueling of vehicles, from Zone One (1) prohibitions as met forth is Section 5.01.
Horever, an Operating Permit shall De obtained pursuant to Section 5.01.
12.01 Exemption for Contiauoua Transit. The transportation of any Regulated
~ Substance throupD Zones One (1), Txo (2), of Three (3) shall be exempt from the
provisions of this Ordinance provided the transporting motor vehicle is in
continuous traaait. The transport of such substance• through existing permanent
~~ pipelines is also exempt provided that the currently authorized use or uses are not
chagged and provided that leak detection •and monitoring as approved by the
Department are employed. No General Exemption or Operating Permit application i•
1e
required except that an Operating Permit .is required to establish the leak detection
and monitoring requirements !or said existing pipelines.
12.OS Lxemotiop for Vehicular and Larp Maintenance Tuel and Lubricant Use.
The use in a vehicl• or lawn ^aiatenance equipment of any Regulated Substance solely
as fuel in that vehicl• or equipment fuel tank or as lubricant in that vehicle or
equipment shall De exempt from the provisions of this Ordinance. No General
Ezemptioa or Operating Penit application tre required.
12.06 Lxemotion for Application of Pesticides. Herbicides, Fungicides, and
odes ie d Tba application of those Regulated Substances used as pesticides,
er ici •s, fungicides, and rodenticides in recreation, agriculture, pest control
apd aquatic reed control activities shall be exempt from the provisions of this
Ordinance provided that:
(a) In all Zopes, the application !a in strict conformity with the use
requirement as set forth in the substances LPA registries and as indicated
on the containers in rhicD the substances are sold; and
(b) In all Zones, tDe application is in strict conformity with the
requirements as set lortD in CDapter d82 and d87, Florida Statutes, and
Chapters SE-2 and 5E-9, Tlorida Administrative Code.
(c) Ia all Zones, .the application of app of the pesticides, herbicides,
fungicides, and rodenticides shall De noted in the records of tD•
certified operator. Records shall ba kept of the date and amount of these
substances applied at eacD location and said records shall De available
for inspection at reasonable times Dp the Department.
(d) In Zones Oae (1), Txo (2), Three (3), or Four (l), the pesticides, herbi-
cides, fungicides, and rodenticides shall not bs handled during
applieatlog in a quantity exceeding aevfn hundred (700) gallons of
formulation.
(e) All gopresidential applicators of pesticides, herbicides, fungicides, and
rodenticides rho apply those substances in Zone One (1), Two (2), Three
(3), or Four (U •Dall obtain ap Operating Permit covering all application
operations using these materials under og• permit and shall comply with
all the requirements of Section 5.02(c-t).
!'Die •zemptiog applies only to the aDDlieation ,of pesticides, herbicides,
fungicides; end rodenticides.
12.07 Exemption !or Retail/Yholesale Sales Activities. Retail/xholesal• sales
•staDlishmsnts ip Zone Oae (1) that store and bandl• Regulated SuDstancea for resale
in their original unopened containers shall De exempt Ltom the prohibition ip Zon•
One (1) provided that those •stablishmeats obtain an Operating Permit pursuant to
the prorisiona of Sectiop 5.02. Items in Section 5.02 (g) and (D) are pot required
for facilities in Zon• On• jl)• or Zom• (2), provided no individual container of
Regulated Substances exceeds Live (S) gallons, if 1lquid, or twenty-Siva (28)
pounds, it solid.
12.06 Exemptions for Ottice Uses. Offices uses, except for the use of
Regulated Substances for the maiptepance and cleaning of office buildings, shall ba
exempt from the provisions of tDis Ordinance. No General Exemption or Operating
Permit applications are required.
12.09 Exemption for Construction Activities. The activities of constructing,
repairing or maintaining any facility or improvement op land^ rithin Zopes One (1),
7vo (2), Three (3), or Four (d) shall Da exempt from the provisions of this
Ordinance provided that all contractors, auDcontraetors, laborers, materialmcn and
.~ their employees when using, Dandling, storing or producing. Regulated Substances in
Zonea One (1), Txo (2), Three (3), or Four (d) use those applicable Best Hanagement
Practices set forth in Exhibit D, attached hereto and incorporated Derain. No
General Exempting or Operating Permit applicatiogc are required,
;•~
19
~; ~ ~ ~
Section 13. SPECIAL L7(EMPTIONS.
13.01 An etfacted person in Zone On• (1), Zone Txo (2), Zone Three (3) or Zon•
(l) ^ay petition the Groundratar and Natural Resources Protection Board for a
Special Exemption from the prohibitions and monitoring requirements set out in
Sections S.O1, 3.02, 5.03, and 5.04. In order to obtain such an exemption such
person must demonstrate by a preponderance of competent, substantial evidence that:
(a) Special or unusual circumstances and adequate technology exists to isolate
the facility or activity from the potable rater supply.
(b) In granting the Special Exemption, the Groundratar and Natural Resources
Protection Board ^ay prescribe any additional appropriate conditions and
safeguards rhich era necessary to protect the relltield.
13.02
~A(a)V•A syecial Exemption application claiming special or unusual eireumstanees
and adequate protection technology shall D• filed rith the Department. IC
shall De signed Dy the applicant and Processional Engineer registered oc
Protesaional Geologist licensed in the State o! Florida.
(b) Such ^pplication shall contain a concise statement by the applicant
detailing the circumstances rhich the applicant feels would entitle hi^ or
Der to an exemption pursuant to Section 13.01(a) above.
(c) A two hundred dollar (5200.00) La• shall be filed xith the application to
defray the costs of proeessiag such application.
(d) The application for Spacial yacamption shall contain but not be united to
the folloxing elements:
(1) A description oL the situation at ths~sit• requiring isolation from
the xellfiald, including:
a) A list of the Regulated Substances in use at the nit/;
b) A site Dlaa o! the tacility including all atorapa, piping,
dispensing, shipping, •te., facilities;
e) xhat operations at tb• tacility involve Regulated Substances
rhich must be isolated from the relliislds;
d) Th• location o! •11 operations involving Regulated Substances.
e) A sampling and analysis of the groundrater on the site of the
activity seeking a Special Exemption shall b/ Dartormsd to
determine it any Regulated Substances are already present rhich
constitute a throat to the rater supD1Y•
. f) An analysis of tD• affected x/11 shoring [baths[ or not sucD
tell is already contaminated by any Regulated Substances and
the extent of such contamination.
g) A bydrogeologic assessment of the site rhich shall address, as a
minimum, soil characteristics and ground rater levels,
directional lint, and quality.
(1) A technical proposal to achieve the required isolation iheluding:
a) Componeot• to D• used and their individual tuaetions;
D) System tying the components together;
c) A discussion and documentation, such as published teehnieal
articles, substantiating tb• performance and reliability of the
component^ individually and the system as a thole. It tD•
system has not been• field tested, a discussion and laboratory
test documsatation to substantiate the proposed pertormane• and
reliability oL the system;
d) Details o! the specific plans to install the system at the sits.
(31 Testing procedures. IL tb• proposed system doss not have a proven
- history of wceesstul in-tield operation, 1t may still be proposed
using proven components. A test .plan for tbs spate^ as installed
shall D• pcovidad to prove that tb• propoasd system works to tb•
field.
20 ,'
u
(41 A lechaicil proposal !or Daekup detection of Regulated Substances
that may duds the isolation system and •seapa to outside a Darimeter
to be •staDllshed Dy Department. Such proposal shall include
emergency measures to be initiated in ease of escape of Regulated
Substances.
(S) Criteria Lor success. Sits-specitie, system Deriormane• criteria
shall be proposed to ascertain tD• success o! the system. Such
criteria shall include but shall not be limited to:
a) Petformance;
b) RaliaDility; '
c) Level of maintenance;
d) Laval of Sensitivity to Regulated Substaneesi
e) Etisct of rain, flood, power failure or other natural disaster.
(6) Precautions in event of failure. 1DDlicant shall provide infgrmation
on the on-site availability of substance removal technologies
sufficient to remediate any introduction of Regulated Substances into
the rater table at tb• sits. Nhere rater is removed from on-site
rolls during tD• remedial process a plan :Dell b• proposed for the
disposal o! such rater.
(~) proveasucessafulsbinl the Dtesti Q required vDyt Sectiont17.02(d)(7)
above.
(S) Any other rsasonaDl• information deemed maceasary Dy Department due
to site-specific circumstances.
(e) Vithin thirty (30) xorking days oL receipt of an application for Epeeial
Exemption, CDs Department shall inform tDs applicant rhether such
aDDlication contains su!lieisnt information foc a proper determination to
be ^ade. I! the application is tound•• to Dm insutticient, then the
Department shall provide to CDs applicant a mitten statement by certified
^ail or hand delivery requestimg tbs additional information cequiced. The
applicant shall inform the Dspartmsnt rithin ten (10) working days o[ the
data o1 the rrittsn statemea! of Dis or Der latent to either furnish the
information or Dar• the application processed as it stands. At the end oL
said ten (10) day period tD• Dspartmsnt shall have sawn (T) days to
infors the Groundwater and Natural Reaoureas Protection Board of said
aDDlication sad shall trans[ar all lnfotmation accompanying the
application to the Oroundxater and Natural Resources Protection Board who
shall then proceed xith the Dearing procedures or pcovidad as provided
under Saetion S.
17.03 G-•^*ino o! Soeeial Exemptions.
(aI Any Special Exemption granted by tDe Groundratar and Natural Resources
Protection Board shall be subject to tb• applleaDl• condition^ o! Sections
S.O1, 5.02, S.O7, and S.0{ oL the Ordinance and any other rsasonaDl• and
necessary spacial conditions imposed Dy the Groundratar end Matural
Resources Protection Board.
An Operating Permit shall bs issued Dy the Dspartmsnt rith the applicable
conditions o! Sections 5.01, 5.01, S.O7, and 5.0{, sad soy other
reasonable and necessary spacial conditions imposed by the Ccoundrater and
Natural Resources Protection Board. Such Special Exemptions :ball be
subject to revocation or revision by the Department !or violation oL any
condition of said Spacial Exemption by first issuing a rrittsn notice of
intent to revoke or revie• (eertilied mail return receipt raqueatad or
hand delivery). Upon sevocatioa or revision, the activity rill
immediately Ds subject to the enforcement provisions of the Ordinance.
(b) Special Exemptions Ntoorn. °nonresideatiala{ctivity shallibe D [miffed into
activities only.
Zons 1 after tbs •tLectivs date of this Ordinance it the nax
nonresidential activity stores, beadles, produces or uses any Regulated
BUDatanCe. •
21
Section 11. PETITION TOR COMPEI7SATION. for complying rith this Ordinance and.
(a) Parties affected Dy the requirements of this Ordinance may petition the (2) Vhather the requirements o! this Ordinance rere the sole reason for
Board of County Commissioners for a determination as to the effect of said the change in the operation.
Ordinance oa those activities and the issue o! compensation. (Q) Classes of impact for rhich compensation may be Qzanted.
(D) Such petition shall be tiled with the Department. (1) Actual Reasonable Relocation Expenses
(c) Such petition shall contain, as applicable, the folloxing: a) The owner or operator of an affected activity may be paid the
(1) A copy of the closure permit required by Section 5.01 of this actual itasonaDle cost oL a relocation vi thin Pal^ Beach
Ordinance or the required operations permit showing the change is County. SucD amount to include the cost of:
operation. 1) dismantling operation;
(2) An analysis of the need to cease, move, or change operations 2) actual moving;
including a summary of alternatives investigated sad estimated costs ]) reassembling equipment;
of those altsnativu . U installation of equipunti
(]) A list of all previously issued notices o! violation by the 5) internal connection of ntilitles to equipment;
Department, Department oL Environmental Regulation or the 6) minor modification of site to accouodate operation,
Environmental Protection Agency regarding use of Regulated specifically exclndinp structural changes to tDe building
Substances including a description of any corrective action taken or or paving sad drainage requirements at the site;
pending. 7) tDe additional costs rhich rould have to D. incurred to
(/) Detailed apecilication of the amount Lor which compensation is DeinQ more tDe activity due
requested. to changed clrcnmstances or applicable laws, ordinances, or
(5) The Department shall review all petitions for compensation sad make regulations; •
recommendations to the Hoard of County Comissioners regarding the B) any losses caused by the necessity of terminating a lease,
reaaonaDleness of any counts requested Dy the petitioner, rhether sucD compaasatlon not to exceed tDrea (]) months' rent.
the requested compensation consists o! amounts Qzeater than the cost Landlord and tenant arm required to make a bona fide etlort
• of any reasonable facility/operation modifications mad vhether the to mitigate this loss. TDis compensation shall be paid to
facility may potentially quelify for an exemption under Section either tDe landlord or the tenant, to De decided by
1].02. Based upon such recommendations, the Board of County agreement betreen tDe landlord and tenant.
Commissioners may deny such petition. b) Tha costs in a)1-7) above shall bs supported by fro (2) itemized
(d) As soon as practicable after submission of •a petition for compensation, sad sealed bids sad a detailed listing of the items. The amount
but ao later than ninety (90) days, by an OMne[ or operator of as to Da paid shall not .Itead the loxer oL the fro (2) bids. Ia
activity, the Hoard of County Couissionera shall hold a hearing to order to rerlty sucD information, tDe Department shall have tde
• determine the eligibility o! the activity for compensation pursuant to right to enter the activities premises at reasonable times.
this 7ection. Petitions shall b• Qivsn written notice Dy carolled mail Such Dids and detailed listing o! the Lost shall Ds rerifiad Dy
or Dand delivery of much hearing at Last thirty (]0) days prior to tDe the Department.
hearing. Tormal Rules of Evidence shall not apply to much AeatinQ, but c) Sell-Moves, in tDe eae• o! • self-move the owns of a relocated
fundamental due process shall b• observed sad shall govern the activity may D. paid tDe Inter o! fro l2) sealed and itemised
proceedings. Petitioner and the County shall Dave the right to: bids from licensed moving eompaaies based on • detailed listing
(1) Call and exact ne~ritoeseee; of the coat.
(2) Introduce exhibits; (2) Actual Reasonable Modlticatfoa of Operation Expenses.
(]I Cross-examine ritaesses on nay relevant matter; The orner or operator o! an affected activity may be paid tDe actual
(/) Rebut the evidence; tad reasonable expemse to modify the operation o[ the activity in order
(S) He rapraented by Counsel. to comply witA tDis Ordinance. ducD count to include coat o!:
(.) Criteria Lor determination of •ligibility !or eeaaation or moving oL a) modification oL machinery;
operations. In determining rhether petitioner is eligible for b) dismantllAQ and moving nansable maehimery;
compensation, the Board o! County Couissionets shall consider: ,
(1) Vhether a reasonable, cost etiective alternative to cessation or c) unsalvaQaDle inventory per section 11(Q)(]) Delor;
moving of oparatioms exists Lor complying rith thin Ordinance, ~ d) moving equipmemt out o! a ion. One (1) on th• activiti's
including recoatigurinQ o! the relltiald. ADDlicaat, ritD the
property per Section 11(g)(1) above.
cooyeration o1 the Depattmeat and the affected public utility, shall (]) Actual Direct Losses of laneible Personal Property. Actual direct
address the issue o! reconiiguratioa; losses o! tangible personal property are allowed then a person
(2) Vhether the requirements of this Ordinance rere the sole reason for closes or relocates an activity. Payment may only Da made altar a
cessation of ehs operation; diligent etlort is made by tDe oraer to sell the item(s) involved.
(]) Past enviroamantal record; a) It the activity is•to be se-established and an item of property
to Da used tDereritD is not moved Dut promptly replaced ritD a
(1) Efforts to ritigete financial Impact of this Ordinance and these
- comparable item at the net sits, reimbursement shall be either:
,,
• eorreapondinQ regulations. 1) Replacement cost, taking into account depreciation, less
(L) Criteria Lor determination o1 •ligibility Lor compensation !or change is the proceeds o! tDe sal.. Present value based on accepted
operations. Ia deciding rhether petitioner is eligible !or compensation standards in the related business community map be
for a change is operations, the Hoard of County Commissioners shall ,.
~ substituted for net proceeds o! a sale where applicabl., or
~
consider: 2) Estimated cost of moving tDe.item to the replacement site
(11 Vhether the proposed change is a reasonaDls, cost stteetlre method
• within t6s gwgtaphla Douedariss of 1sU Beach County.
., .:... 12 ~;
1]
,~ .
x~
(/)
(5)
(61
b) If a process at the activity is belnq discontinued or an
existing ilea is not to De replaced in a re-established
Dusiness, payaan( rill De •itDer:
1)' Th• difference bathes Lair sacker value as evidenced by
fro (2) rritten appraisals oL the itea Lor continued use at
its prior location less its net proceeds at the sale, or
3) The estiaated cost oL aoving the ilea to the replaceaent
site rit6ln the geographic boundaries of Pal^ Beach
County.
c) I! a sale is not •Ltacted because no otter is received and the
itea is abandoned, Dayaest Lor the loss say be its fair market
value foe continued use at its existing location plus the costs
oL tA• atteapted sale, less the eQuipaent's salvage value.
In Lien of Actual Moving Expenses. In lieu oL the payaenta described
in Section 1/(q)ll-3) an o+mer of a discontinued activity may be
eligible to receive a payaent eQual to seventy-five percent (75t) oL
the estiaated reasoaaDl• cost of aovioq tA• activity rlthin Pala
BeacD County, except that sucD payaent shall not be sore than the
lorar o! fro (2) sealed sad iteaizsd bids, provided the follorinq
reQuireaents are set:
a) for the oraer of an alfeeted activity to be entitled to thin
payaent, the Countp or its designee oust deteraina that the
Dusiness cannot be relocated rithout a substantial loss of ire
existing patronage. Such deteraination shall be ^ade by the
County or its designee only after consideration o! all
pertinent circuastanees, •includinq but not liaited to the
Lolloriaq factors:
1) Tha type of business conducted by the displaced activity.
2) Th• nature of the cliestel• of tA• displaced activity.
3) TDe relative Ssportanee of the present location to tA•
displaced activity.
/) The additional costs rhieA would Aave to De incurred to
cove tA• activity due to changed circuastancas or
applicable lava, ordinances, or regulations.
• D) Owaar or Operator Must Provide Intoraation. Ior the owner or
operator of an affected activity to be entitled to his or her
payaent, inforaation oust De provided to support the estiaated
aoviaq costs. Such proof shall consist of two (1) sealed Dids
iron lieenseQ aoving eoapaaies based oa a detailed inventory of
the itaas rhich could be coved.
Exclusions on Movino Expenses and Losses: Th• lollorinq expenses are
considered ineligible !or payaent as actual" aoviaq expenses:
a) Additional expenses incurred because of aovinp to and living in
a her location including search cost Lor finding a her
dwelling.
b) Cost of aovinq structures, iaproveaents or other real property
in rhicb the displaced activity reserved oraership.
c) Significant changes in building structure Dut not including
minor electrical, pluabinq or carpentry rock.
d) Cost of iaproveaent to activity •ade altar such activity was on
notice that it is alfeeted Dy thi^ Ordinance and could have to
cease or alter an operation in Zona One.
e) Interest on loans to covet aovinq expenses.
f) Loss of goodrill.
q) Loss of business or profits or both,
h) Loas of trained eaployees,
i) Cost of preparing the petition !oz coapenaation.
Palm BeacA County shall disperse eighty-five percent (85t) of the
coapansation to D• paid as datarsinad Dy the Board of County
Coaaissioners in advance of any cove or change of operation. Palm
2t
-- --
Beach County shall retain fifteen percent (15i) of the conies
authorized as coapansation for •conoaic iapaet of this Ordinance
until such tine as~ the affected activity has carried 'out the
procedures outlined in its petition for coapansation and provides
evidence of.suc6 expenditures.
(7) Upon receipt of payaent of coapansation as provided in this
Ordinance, the recipient shall execute a release in favor of Pala
BeacD County lroa any Lurther obligation to the recipient with
regard to the econoaic iapact o! this Ordinance on the recipient or
activity.
Seetioa 1S. RAMS
In the event, there is a change of ownership, a new lease, or an assignaent of
a lease, a sublease or any otber change in regard to the person conducting the
operation regulated, the DeDertasnt shall be notified upon payaent o! the
appropriate !ee and coapletion of processing of an application by the Departaent,
the Yellfield Protection Operating Perait shall be transferred.
Section 16. '[J(ADE 3ECRET3.
Tb• Departaent shall not disclose any trade secrets of the applicant or
peraittee that are exeaptad Lroa sucA disclosure by federal or state lax; provided,
borever, the burden shall b• on the applicant of peraittea to deaonstrate
entitleaent to such nondisclosure. Decisions by the Departaent as to such
entltleseat shall be subject to challenge by the applicant or Decaittee Dy filing a
petition rith the Groundrater and Natural Resources Protection Board pursuant .to
Section a.
Section 17. VIOLATIONS ENFORCEMENT PENALTIES.
Failure to coaply rice the raquireaents of this Ordinance or any perait,
•xeaption, or approval granted or authorised hereunder shall constitute a violation
of this Ordinance. Violations of the provisions of this ordinance shall upon
conviction, be punisheQ by a fine not to exceed Live hundred dollars ($500.001 or by
iaprisonaant in the Countp jail not to exceed sixty (60) days or Dy both fine and
iaprisonaant pursuant to the provisions of Section 125.69, Florida Statues. In
addition to the sanctions contained herein, the County may take any other
appropriate legal action, including but not liaited to, adainistrative •ctioa and
• requests for teaporary and pertanent injunctions, to enforce tA• provisions of tAis
Ordinance. It is the purpose o! tAi• Ordinance to provide additional cuaulatly
zeaedies.
Seetioa 18. ENFORCEMENT PROCEEDINGS BEiOAE TRL GROUNDYATLR AND NATURAL
RESOURCES PR07ECTION BOARD.
18.01 Jurisdiction sad Authority
(a) The•Groundwater and Natural Resources Protection Board appointed puzsuant
to Section 7 0! this Ordinance shall have the jurisdiction and authority
to hear and decide alleged violations of this Ordinance pursuant to
Section 163.01, ilorida Statutes, if there has been a failure to correct a
violation or if the seas violation has been repeated.
(b) The Board ^hall have the following powers:
(1) To adopt rules for the conduct of its hearings;
(2I To subpoena witnesses to its hearings. Subpoenas say be served by
the Sheriff of the County or Police Departaent of the Municipality.
(3) To subpoena evidence;
(/) To issue orders requiring say action which would ,eliainat• tA•
riolationi
:~ 2S ..
•
(S) To issue orders irposing a fine not exceeding fro hundred fifty
(5250.00) for eaeD day o! violation.
~ 18.02. Enforeeaent Procedure; Nearing
~ (a) An alleged violation of thin Ordinance ray De Tiled with tDe Department by
reabers of the public or Dy those adrinistrative otlicials rho are
responsible tar enforcing tDe provisions o! the Ordinance. If a
violation(s) i^ found, the Departrent shall issue a Notice of Violation
specifying a reasonable fire to correct the violation(s). Should the
violation(s) continue beyond the fire specified Lor correction, or should
~ a violation be repeatsQ, the Departaent shall give notice to the alleged
1 violator that the Groundratet and Natural Resources Protection Board will
conduct a bearing concerning the alleped violation(s) for rhich a Notice
of Violation res issued. Tne notice shall state the fire and place of
` the hearing and the alleged violation(s).
~ (D) At the Dearing, the Department shall Dave CDe burden of proof Dy a
preponderance of the evidence that tDe •iolation(a) res not corrected or
the violation(s) res/rare repeated. If proper notice Das Deen ^ade to
the alleped violator, as provided in paragraph (c) belor, the Dearing ^ay
• proceed in the absence 01 the alleged violator.
(c) Proper notice ray De presured ii a Notice of Violation Das Deen Dand
) delivered or has been railed to tDe alleged violator by certified ^ail and
~` ~ the allegeQ violator, an agent, or other parson in toe household or
business has accepted the Notice o! Violation.
~ (d) All testiaony shall be under oath sad shall De recorded. Formal toles of
I evideoca shall not apply but tuadarental due process shall De observed sad
~~ govern all proceedings. Upon determination of tDe CDairpersoa,
11 irrelevant, isaaterial or unduly repetitious evidence rap ba excluded, Dut
I. all other evidence of a type coauonly relied upon by reasonable pcudsnt
~I persons in the conduct of their affairs shall be adrissiDle, rhether os
not such evidence could be admissible in a trial in the courts o! Florida.
(e) Any rerDer of the Groundratar and Natural Resources Protection Board, or
'' the attorney representing the Board, ^ay inquire of or question any
~ ritness before the Board. An alleged violator, tbs attorneys, and/or
I cods inspectors shall be permitted to inquire of any xitness before the
~ Board. The Board rap eonaiQer testimony presented Dy code inspectors, the
alleged violator or any other ritnesses.
(f) At the conclusion of the Dearing, the Enforcement Board shall orally
render its decision (order) based on evidence in the record. TDe decision
shall be by motion approved Dy the affiraative vote of a majority o1 those
merbers present' and voting. TDe presence of three (3) or morn members
shall constitute a quorw and three reabers of the Board rust vote for the
action to be olfieial. The Board's decision shall then be transmitted to
the respondent in the form of a mitten order, including finding of facts
and conclusions of Tar consistent ritD tde record. Tbs order shall ba
transmitted Dy certified mail or Dand delivery to the respondent rithin
ten (10) days after the Dearing.
18.01. The Director of the Dapartrent or his designee may record a certified
copy of any order iaposinq a fine in the public records in the office of the Clerk
of the Circuit Court in and for Pal^ Beach County, Florida. Once recorded, the
certified copy of an order shall constitute a lien against the land on rhich the
violation(s) exists, or iL the violator does not own the land, upon any other real
or personal property oraed Dy the violator; and it may be enforced in the same
manner as a court judgaent, including levy against the personal property. Once
recorded, the lien shall be superior to any mortgage,
liens, or other instruments recorded subsequent to the filing of the Board lien.
26 ~
~" Section 19. REPEAL OF LAYS IN CONFLICT.
All local laxs and ordinances applying to the unincorporated and incorporated
areas of Pal^ Beach Cowry in conflict rith anp provisions of this Ordinance are
DereDy repealed. '
' ~ Section 20. SEVERABILITY.
It any eeetioa, paragrapD, sentence, clause, phrase, or cord of this Ordinance
is !or anp reason held by the Court to be unconstitutional, inoperative or void,
such Doldiag shall not affect the reralnder of thin Ordinance.
Section 21. NC USIO N THE CODE OF AY ORDINANCES.
• TDe provisions Ot this Ordinance shall bacore and be cede a part of the code of
Tars and ordinances of Pal^ Beach County, Florida. TDe Sections of the Ordinance
^ay be renumbered or reletteted to accomplish such, and the cord "ordinance" ^ay be
changed to "section", "article," or any other appropriate cord.
' I ,
APPROVED AND ADOPTED by the Board of County Commissioners
• ~ of Palm Beach County, llorida, on the 2~rd day of Pebruerv,
19 BB
r
PALH BEACN COUNTY, FLORIDA, BY ZTS
~ HOAR OF COUNTY COMMISSIONERS
By ~AQr ~•cL~~~~
Vice-Chairman
L•
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
.. ~
• I Co my Attarnsy
• I AcknoNledgement by the Department o! Stara o1 the State o!
.~ Florida, on this, the 3rd day of March 19„g~.
•I' EFFECTIVE DATE: Acknowledt7emsnt from the Department of
• State received on the 7th day of March 19 88, at
~;' 'x:36 P.M.., and Tiled in the Ottics of the Clerk o! the Board o!
•' i County Commissioners of Palm Beach County, Florida.
i '
~ STATE OF FLORIDA, COUNTY OF P.Alfil B'fAC'Ft,
I, JOHN 8. DUNKLE, ex•officio,G~erk$f fhe•:'a,
Board of County Commissioners,certify this to
be a true and correct op of thedrlginal filed in
~ my office on ~3~fi ,~ ~ ,, • f ~ --
DATED at West Palm 8each~.FL on_ •i/~z8 '
JOHN 8. UN Clerk,: ~ ; - • ~ ~~
6y: .p ~ r,. D.~. '
rJ
~','// '
>;»
Section 22 - EFFECTIVE DATE
The provisions of this Ordinance shall become effective
upon receipt o! acknowledgement by the Secretary of State.
i APPROVED AND ADOPTED by the Board o! County
Commissioners of Palm Beach County, Florida, on the
9 Lar day of iun• 19~g_.
• PALM BEACH COUNTY, FLORIDA BY ITS
BO1~jtD OF COUNTY COMMISSIONERS
Vic• Chairmen
APPROVED AS TO PORM AND ~'•
LEGAL SUFFICIENCY JOHN B. DUNKLE, CtC+?Y.:•.:...~~'•,
Board of County ~minissionars ! • n
. - -,' •.
~ ~ ,•'~~ ~
County Attorney ''
Acknowledgement by the Department o! State oi.,tlie 3 to
of llorida on this, the 24th day of June '~ ••Iq' ~ ,
EFFECTIVE DATB: Acknowledgement Lrom th• Department of
Stat• received on th• 30th day of dune 19 88 ,
at 3:03 _~.M., and filed in th• o!!ic• of Chs Clerk
of the Board o! County Commissioner of Palm Beach County,
Florida.
43 II APPROVED AND ADOPTED by the Hoazd of County Commissioners
44 ~~ of Palm Beach County, Florida, on th• 20th day olDecember ,
~~ATEOF O~tR}A•~OUNTYOFPALMBEACN
,~IOHN ' DUNKLE, ex•otficlo CItAc of thq
rd of un ;~ Ccr^n:IV;:;cr.-;r, c~rlih/ tl:la to PALH BEACH COUNTY, FLORIDA, BY ITS
ggaWea corrzc; (i}'i7't..?oA„na:illedln BOAR OF COUNTY COMMISSIONERS
offce
DATF~ ~t, 'Est Pa Btai;h~, fL on BY
JOHN 8: t1>1(L~,Cfle __ Chair
3~ PPROVED , S TO FORM AND JOFfN B. DUNKLE, CifRX
3~ _L. CEGAI. SUFFICIENCY IElpan?o1CouMLy~ Isslon
36 ~..~"~, By O~I.G~(~
37 DEPUTYCI.ERK
38 County Attorney
39
40• Acknowledgement by the Department o! State'oi the State of
41 Florida, on thin, th• ,'{~~ day of Januarv , 19 89 .
47
43 EFFECTIVS DATE: Acknowledgement Lrom th• Department oL
44 Stets received on th• ~_ day of _,Januarv 19 89, at
45 ;~_A M., •nd filed in the Office of th• Clerk o! th• Board oL
46 County Commissioners of Palm Beach County, Florida.
•
I
LxHIBIT "s'
Generic Substances List
Ecid and basic cleaning solutions
1{ntifreeze and coolants
arsenic and arsenic co~pounda
Bleaches, Peroxides
Brake and transsission fluids
Brine solution
Casting i foundry che~icals
Caulking agents and sealants
Cleaning solvents
Corrosion and rust prevention solutions
Cutting fluids
Degreasing solvents
Disinfectants
Electroplating solutions
' ., Explosives
, fertilizers
, fire extinquiahing che~icala.
food processing vastes
lonaldehyde
fuels ^nd additives
, Glues, adhesives and resins
, Greases
, Hydraulic fluid
Indicators
Industrial and eouercial janitorial supplies
Industrial sludges and stillbotto~s
Inks, printing and photocopying che~icals.
Laboratory che~icals
LSQuid ^torage batteries -
Tladical, phar~aceutieal, dental, veterinary and hospital
solutions.
Mareury.and ^ereury eoepounds.
Natals finishing solutions
Oils
Paints, priers, thinners, dyes, stains, rood
preservatives, varnishing and cleaning compounds.
, Painting solvents
, PCB's
Pesticides and herbicides
Plastic resins, plasticize:s and catalysts
Photo develop~ent che~icals.
, Poisons
, Polishes
Pool cheadeals
Processed dust and particulates
Radioactive sources
: Reagents and standards
Refrigerants
, RooSing che~icals and sealers
Sanitizers, disinfectants, bactericides and algaecides
Soaps, detergents and auriactants
Solders and fluxes
Stripping coypounds
Tanning industry ehnicals
Transtor~er and capacitor oils/fluids
. Yatsr and raatarater treat~ent che~icals
LJCHIDIT 'H"
Operating and Closure Penits•
Zone 1 Zone T Zoae 3
CasD Bond 520,000 $10,000 55,000
Per~it Bond ritD
Corporate Surety $20,000 $10,000 55,000
Letter of Credit 540,000 $10,000 $5,000
+ lueounts reflected in this table are for each Operating and
Closur• Periit issued and ^ay be adjusted Dy the Pal^ Beach
County Risk Manage~ent Depart~ent upon further risk/loss
analysis.
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i
SZHIHIT "D"
EIHIBIT "C" I
~ "Best Kanagesent Practices" !os the Cowtructios Industry
Fee Schedule I
` A. The general Contractor, or i! none, the property orner,
1. PILING FEE -- 1111 applicants !or a Yellfield Protection I shall De responsible for assuring that each contractor or
Operating or Closure Persit shall pay anon-refundable ~ subcontractor evaluates each site before construction is
filing fee of Trenty-five Dollars (S75.00). TDe filing fee initiated to datersine i! any sits conditions say pose
shall be applied against other fees prescribed !or the I particular probless !or the Dandling of anp Regulated
issuance o! a penit. The filing Lee shall be paid prior Substances. For instance, Dandling Regulated Substaness in
to acce lance of the Persit a lication !or reviev.
p pp ' the proxisity of rater bodies or retlands uy be isproper.
7. YELLFIELD PROTECTION OPERATING PERKIT FEE -- Tha fee !or a B. If say regulated suDatancas are stored on the construction
• Yellfield Protection Operating Persil under this regulation ( site during the construction process, they shall be stored
shall De Fiva Dollars ($5.00) per each one thousand (1,000) ( in a location and saaner rhicD rill sinisise any possible
square leer or tzaction thereof o! the occupied space in I risk of release to tDe environssnt. J-nY storage container
rDieh the activity is taking place rith a saxisus Lee of of 55 gallons, or dd0 pounds, or sore containing Regulated
Five Hundred Dollars (S500.00) and a ^inisus fee of
I Substances shall Date constructed Delor it an ispervious
Treaty-five Dollars ($25.00). TDe Yellfield Protection t containsant systes constructed of saterials o! sufficient
Operating Persit fee shall be used to de[ray the cost of I ! thickness, density and cospositios that rill prevent the
adsinisteriag this Ordinance. I discharge to the land, Qroundxaters, or surface raters, of
~ any pollutant which say esanate tros said storage costainar
]. CLOSURE PERKIT FEE - The fee !or a Closure Panit under or containers. EacD containsant systes shall ba able to
this regulation shall De ose-half (1/7) of the Lee for tDe Contain 1501 OL the COOtents O! all /COLige containers
Yellfield Proteetioa Operating Psnit• ~ above the contalasent systes.
L. PERMIT TRANSFER TEE -- The Lee for transfer o! a Yellfield ~ ~ ~ C. Each contractor shall Lasiliari:e Ais/Dersel! rith the
Protection Operating Persit shall De 7renty-Live Dollars
manufacturer's safety data sheet supplied with each
(575.00) to defray the cost of processing the transfer. • material eontaisiog a Regulated Substance sad shall be
' t lasiliar rith procedures required to contain and clean uD
S. SPECIAL L%EMPTION TES -- Aoy person seeking • spacial spy releases of the Regulated Substance. huy tools or
exasption shall pay a tee of Tro Hundred Dollars ($700.00) I equipsani necessary to aeeospllsD sue shall be available
to defray the cost of processing the ttaasier.
' in case o! a release.
6. JINNUAL RENEYAL LICENSE FEE -- Beginning October 7, 1990, an D. Upon caspletion oL construction, all unused and caste
annual reneral license fee shall De collected to defray Regulated Substances ^nd containsant systeu shall be
costs of CAe adsinietaring of this Ordinance. The fee resovad lros the construction site Dy the reeponsiDla
^hall De one-Dolt (1/7) of the Operating Persit Fee, but no ~ contractor sad shall be disposed o! is a Droper Banner as
less than Treaty-Lies Dollars ($75.00) per year. 1111 prescribed Dy lac,
parsits Issued prior to Septesber 70, 1990 are suDiect to i
tDa annual Lea DY OctoDar 1, 1990.
7. GENERAL LxEKPTlON FEL -- Any person seeking a general t
exasption shall pay a Lea of Ooe Hundred Dollan ($100.00) i ;
to defray the Lost of processing the exasption request. ~
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• EXHIBIT "E"
Priority Pollutants Referred to in Section 5.02 (g)
of This Ordinance Referencing 17-22 F.A.C.
Trichloroethylene
Tetrachloroethylene
Carbon Tetrachloride
Vinyl Chloride
1,1,1-Trichloroethane
1,2-Dichloroethane
Benzene
Ethylene Dibroaide
Acrolein
Acrylonitrila
Brosodichloroaethans
Broaotor^
Brososethane
ChloroDenzene
Chloroethane
2-Chloroethylvinyl Lther
Chlorofora
Chloroaethana
Dibroaochloroaethane
Dichloroditluoroaetbane .
1,1-Dichloroethane
1,1-Dichloroethane
trans-1,]-Dichloropropena
1;Z-Dichloroethane
1,2-Diehloropropane
cis-1,~-Dichlozopropene
Lthylbenzene
Methylene Chloride
1,1,2-Triclorosthane
Trichloroiluorosathane
Toluene.
Xylens
Styrene
Dichlorobenzena
1,2-DiDroao-l-CAloropropana
1,1,2,2-Tetrachloroethane
I-Nitrophenol
Pantaehlorophenol
Phenol '
2,4,6-Trlchlorophenol
1-Chlorophenol
2,4-DicAlorophenol
2,1-Diaethylphanol
2,1-Dinltrophenol
2-l~ithyl-d,6-Dinitrophenol
1lcenaphthene
Acenaphthylene
Anthcacene
Benzo(a)anthracene
Benzo(b)flvoranthene
eenzo(k)fluoranthene
Benzo(a)pyrene
Benzo(p,h,i)perylene
Benzidinn
Bia(2-chloroethyl)ether
Bis(2-chloroethoxy)methane
Bis(2-ethylhexyl)phthalats
eis(2-chloroisopropyl)ether
4-Broaophenyl phenyl ether.
Butyl benzyl phthalate
2-Chloronaphthalene
1-Chlorophanyl phenyl ether
Chrysene
Dibenzo(a,h)anthracene
Di-n-butylphthalate
1,1-Dichlorobenzena
1,4-Dichlorobenzena
1,2-Dichlorobenzena
1,1-Dichlorobenzidine
Diethylphthalate
Diaethylphthalats
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Dioctylphthalata
1,2-DiphynyIhydrazinq
Fluoranthena
Fluorene
Bexachlorobenzane
Hexachlorobutadisne
Hexachloroethane•
Hexachlorocyclopantadiene
Indeno(1,2,1-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene •
N-NStroaodiaethylasine
N-Nitrosodi-n-propylaalne
H-Nitroaodiphsnylasine
Phenanthrena
Pyrens
2,7,7,8-Tetrachlorodibenzo-p-
dioxin (Dioxin)
1,2,4-Trichiorobenzene
INORGANIC PRIORITY POLLUTANTS
REFERRED TO TN _S ECT7
Mercury 0N 5.02 (G1 AF TBT S_ OflDTNAN[L
Lead
Cadaiue Arsenic
Chcoaius Selenium %
ckel Cvanida `~
Aldrin
a-BHC
b-BBC
q-BHC.
d-BHC
Chlordane
/,/'-DDD
4,4'-DDE
4,4'-DDT
Dialdrin
Endosulfan I
Endosulfan II
Endosulfan Sulfate
Lthion
1
Tcithion
o,p-DDT, DDE and DDD •.~
Tedion
Endria 1ldehyde
Heptachlor
Heptachlor Epoxide
ToxapAene.
PCB-1016
PCB-1221
PCB-1272
PCB-1242 ,
PCB-1218
PCB-1251
PCB-1260
AldicarD (non-extractable)
Diazinoa
Malatfiion
Parathion
GutDion
Xelthana (Dico[al)
Exhibits "F"
SUGGESTED PZPE, FITTINGS, COATINGS, and LEAKAGE TESTING:
A. Ductile Iron Pipe and Fittings for Sewer Force
Main Application:
1. Ductile iron pipe shall conform to the require-
ments o! ANSI/AWWA C151/A21.51-86 unless otherwise noted on the
plans. The pipe shall be Class 50 thickness for pipe 6 in. or
larger in size end Class 51 for pipe smaller than 6 in. Glands
for mechanical joints shall be of ductile iron or cast iron.
2. Fittings shall conform to the requirements of
ANSI/AWWA C110/A21.10-87. Fittings 12-in. and smaller shall
have a 250 psi minimum working pressure.
3. Flanged ductile iron pipe shall be Class 53.
Flanged ductile iron pipe and fittings shall have threaded
flanges, unless otherwise noted on the drawings, and shall
conform to ANSI/AWWA C115/A21.15-83. All llanges shall be
Class 1560, ANSI B16.5. All above grades flanges shall be flat
faced unless they are mating up to existing, or otherwise
specified, raised face flanges. All gaaketa shall be full laced
1/8" red rubber.
/, Joints shall conform to the requirements of
ANSI/AWWA C111/A21.11-85.
B.•~ Polyvinyl Chloride Pipa (PVC) and Pit~inga for Water
Distribution or Sewer Force Main Applications:
1. Gasketed Joint Pipe:
a. Pipe / in, or larger in diameter shell
conform to the requirements as net forth in AWWA C900-B1 with
dimension ration DR 18. Provisions must be mods for contraction
end expansion at asch joint with a rubber ring and an integral
bell as part of each joint, or by a rubber ring sealed coupling.
Clean,.reworkad material generated from the manulacturez'^ own
pipe production msy be used. Fittings shall be cast or ductile
iron. Pipe shall have cast iron pipe equivalent outside
dimensions.
b. Pipe smaller then I in. in diameter shall
conform to Commercial Standard CS 156 and ASTM D-12111.
Provisions shall be made !or contraction and expansion at each
joint with a rubber ring, and an integral bell as part o! each
joint, or by a rubber ring sealed coupling. Pips shall be made
lrom SDR 71, 100 psi clean, virgin NSF approved Type I, Grade 1
PVC conforming to ASTM D-1784. Clean reworked material generated
lrom the manufacturer's own pipe production may be used. Fittings
!or pipe smaller than I in. in diameter shall ba PVC.
C. Coatings: The lining material !or pipe and littings
shall be virgin polyethylene complying with ANSI/ASTM D1218,
compounded with an inert Tiller and with su!licisnt carbon black
to resist ultraviolet rays during aboveground storage o! the pipe
and fittings. The polyethylene shall be bonded to the interior
of the pipe or litting by heat.
• D. Leakage Tests: The test shall ba o! twenty-lour (11)
hour duration. During the test, the pipe being tasted shall be
maintained at a pressure of not less than 150 psi. Leakage is
delined ae the Quantity o! water added to the pipe being tested
during the test period. No pipe installation will tie accepted i!
the leakage exceeds the quantities specified in AWWA C-600,
Section /.2.. No more than 500 feat o! linr~all be tested at
one time.