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HomeMy WebLinkAboutOrdinance_400_05/10/1990ORDINAtaGE N0. 400 i !~ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF' ~~ TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING'' ~~ REGCILATIONS GOVERNING THE USE, HANDLING, STORAGE ANDS ~! DISPOSAL OF TOXIC AND HAe.ARDOUS SUBSTANCES; PROVIDING' FOR TITLE AND PURPOSE; PROVIDING FOR PROHIBITION; PROVIDING AN AMNESTY PROGRAM; PROVIDING FOR PENALTIES ~~ APdD ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY;' ~~ PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ~' Sul ~~ WHEREAS. The Village Council of the Village of ~~ Tequesta, is concerned about the use, handling, storage and' I~ disposal of toxic and hazardous substances within all districts ~; within the Village of Tequesta; and, ,~ ~~ WHEREAS, it is recognized that it is the Village, ~~ Council of the Village of Teq_uesta's responsibility to protect the health, safety and welfare of its residents; and, i WHEREAS, the Village Gouncil of the Village of Tequesta,, !i desires to cooperate with its residents, businesses, solid ~' waste purveyor and ±he Palm Beach County Solid Waste Authority ~ in the control of toxic and hazardous substances and materials, ~ to be disposed of in garbage, refuse and trash to be collected' ,i within the corporate limits of the Village of Tequesta; and. ' WHEREAS, the Village Council of the Village of Tequesta,, ~ deems it appropriate and necessary to take an active role in' determining which substances and materials are not safe to thee. overall health, safety and welfare of the community; and, I ~`~ WHEREAS, the Village Council of the Village of Tequesta.. I~ deems it appropriate and necessary to support an amnesty. IM program to its residents in order to provide an opportunity and i location to properly dispose of toxic and hazardous substances I, and materials, ~'~ NOW. THEREFORE, BE IT ORDAINED by the Village Council I{ ~" of the Village of Tequesta, Palm Beach County, Florida, as follows: it Sect ion I. Title. This Article shal 1 be known as thel l Village of Tequesta, "Toxic and Hazardous Substances and' Materials" Ordinance. ', ,~ !I Section 2. Purpose. It is the intent of the Village ' of Tequesta to properly regulate the use, handling, storage and ~~ disposal of toxic and hazardous substances and materials within j the Village and to provide periodic relief in the form of an, 1I amnesty grogram in order to allaw residents to properly dispose' ~ of toxic and hazardous substances and materials. Section 3. Prohibition. It shall be unlawful to ~ dispose of toxic and hazardous substances and materials, as I identified in the "Generic Substances List" attached as Exhibit "A" t=~ this Ordinance, into garbage, refuse, andfor trash or, I upon the ground in all districts within the corporate limits ~_~f j, the Village of Tequesta. ~~ ~~ Section ~. Amnesty Program. The Village of Tequesta shall cooperate with the Village's solid waste purveyor, the Palm Beach County Solid Waste Authority, and any other applicable environmental agencies to provide a location for its r! residents to properly dispose of toxic and hazardous substance= and materials. As part of its cooperation, the Village shall ~' endeavor to notify its residents of the location and times that the amnesty program will operate. (F L Section 5. Penalties. Violations of the provisions of this Ordinance, after notice by a Village Official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall be fined not more than five-hundred dollars :5500.00) or .imprisoned for not more than six (6) months or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Section 6. Administrative Fines. Consistent with law and this Ordinance, the Village of Tequesta Code Enforcement Board shall have jurisdiction to enforce the provisions of tl-iis Ordinance within the Village of Tequesta corporate limits. The Code Enforcement Board, upon notification by the Code Enforcement Officer that an order of the Code Enforcement Board has not been complied with by the set time or, upon finding i that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed two-hundred and fifty dollars t5250.00> for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be ', necessary for issuance of the order. 'i Section 7. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 8. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 9. Effective Date. This Ordinance shall take': effect immediately upon its passage and approval, as provided, by 1 aw. THE FOREGOING ORDINANCE was offered by Councilmember Earl L. 1,c11ings who moved its adoption. The Ordinance was seconded by' Councilmember _ Ron T Mackail and upon being put to a vote, the vote was as foilows: FOR ADOPTION Joseph N. Capretta Earl L. Collings Edward C Howell Ron T. Mackail AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 10th day of Mai 1990• MAYOR OF TEQUESTA /"~ ~ ~ ~J ep N. Capretta ATTEST: Village Clerk page 2 ,~ EXHIBIT "A" GENERIC SUBSTANCES LIST • Acid and basic cleaning solutions Antifreeze and coolants Arsenic and Arsenic compounds Bleaches, Peroxides Brake and Transmission fluids Brine solution Casting & Foundry chemicals Caulking agents and sealants Cleaning solvents Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Disinfectants Electroplating solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes ~~ Formaldehyde i ~~ Fuels and additives '~j Glues, adhesives and resins Greases ,~~ Hydraulic fluid ~~I Indicators ~,': Industrial and commercial janitorial supplies ~~ Industrial sludges and stilibottoms Inks, printing and photocopying chemicals ~ Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental, veterinary and hospital solutions Mercur and mercury compounds I I~ Y jj Metals finishing solutions Oils Paints, primers, thinners, dyes, stains, wood preservatives. varnishing and cleaning compounds '' Painting solvents ~~ ~ PCB' s Pesticides and herbicides Plastic resins, plasticizers and catalysts I~ Photo development chemicals ~ Poisons ~! Polishes i Pool chemicals it Processed dust and particulates Radioactive sources ~ Reagents and standards Refrigerants ~I Roofing chemicals and sealers j Sanitizers, disinfectants, bactericides and algaecides I~ Soaps, detergents and surfactants Solders and fluxes Stripping compounds ~,j Tanning industry chemicals jj Transformer and capacitor oils/fluids it Water and wastewater treatment chemicals page 3