HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_5/10/1990 rl �� / ,
VILLAGE OF TEQUESTA
_ .••`,'' Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: May 3, 1990
SUBJECT: Ordinance No. 402, 403, and 404; Land Development
Regulations; Agenda Item IX, A,B and C
The above ordinances are submitted for your consideration in
continuation of the required preparation of Village Land
Development Regulations ( LDR) . These ordinances are self-
explanatory and, in the case of Ordinance No. 403 and 404, adopt
by reference existing Palm Beach County ordinances which are
sufficient for such purposes.
TGB/,j mm
Attachments - 3
/91 J776
ORDINANCE NO. 403_
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY
REFERENCE, THE PALM BEACH COUNTY "WELLFIELD PROTECTION
ORDINANCE", ORDINANCE NO. 88-7, AS AMENDED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE Village Council of the Village of
Tequesta, Florida as follows:
Section 1, Chapter 14 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. 88-7, as amended, and as
fully as if set forth at length herein as the Wellfield
Protection Ordinance of the Village of Tequesta.
Section 2_ Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Section 3. Codification. This Ordinance shall be
codified 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
Counc i l member _ , who moved its
adoption. The Ordinance was seconded by
Council member —__ and upon being
put to a vote, the vote was as follows:
i .
FOR_ADOPTI-ON AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this ______ day of —!_ 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk
?ALM ■SACS COUNTY NELLCIELD PROTECTION ORDINANCE (NO. OS-7)
Section 7. DRQUNDMATER AND NATURAL RESOURCES PROTECTION BOARD . 14
T=E DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT MA/ r 7.01 Qualifications and Terms of Office 16
MERGED ORDINANCE NO. St-7 AND AMENDING ORDINANCES 7.02 Organisation and Procedure 14
NO. SS-12 AND It-39 FOR CONVENIENCE. TEAS IS NQT TO ES
CONSIDERED TEl OFFICIAL DOCUMENT OR A CODIFIED COPY. Section S. APPEAL■ FFpm INTEIIZ TO REVOEEja REVISE AN OPERATING
:' �jj SENERAL EXCMf220Nr APPEAL] IRON
YAl�tli= ENZAL OT RMIT OR AP LIGATION FOR
TABLE OF CONTENTS 4ENERAL EXEMPTION: APPEALS IRON DENIAL OF NON-DISCLOSURE Oa
DENIAL OF TRADE SECRETS AND APPEALS FOR SPECIAL EXEMPTION 14
:tine 1. jEORT SITES: APPLICADILITYs CONSTRUCTION 1 6.01 Written petition for reviews matters for review and
time for filing 14
aloe ]. LjGZSLATZYE INTENT 2 • 6.02 Rearing Data 15
1.03 Contents of Notice of Rearing 15
:tine 3. QETINITIONS 2 S.04 Computation of Time 15
1.05 Nearing Procedure 16
:tine 6. nus or ZONES Or INCLUENCa 4 0.06 Decisions by the Groundwater and Natural Resource•
Protection Review Board 16
:tine 5. RESTRICTIONS vx1,IN ZONES OF INCLUENCQ y 6.07 Review . 16
5.01 Zone One (1) 5
5.02 Zone Two (1) 6 Section 9. PROTECTION OF FUTURE MELLPIELDS 16
(a) Containment of Regulated Substances I
(b) Emergency collection device 6 Section 10. DETERMINATION OF LOCATION NITMIN ZONES
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(ol Emergency plan 6 Section 11. APPLICATIONS TO NE)L ACTIVITIES AND RESTRICTIONS ON
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Id) Inspection 6 JV1)NCE OF Sl1ILDINO PIRMITfD OCCUPATIONAL LICENSE* . . • 17
(e) Proper and adequate Regular Maintenance of
containment and emergency equipment 6Section 12. genial. EEMPTioN3 16
(f) Reporting of apllls 6 12.01 Activities claiming a General Exemption 1$
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(g) Monitoring for Regulated Substances in the 12.02 Exemptions for tire, polies, emergency medical
• potable water well 7 • services and County emergency management
• (h) Monitoring for Regulated Substances in center facilities 16
groundwater monitoring wells 7 12.03 lxemptions for Utilities in Zones One (1) 1S
' (1) Alterations and expansion 7 12.04 Exemption for Continuous Transit 16•
(J) Reconstruction after catastrophe B 12.05 Exemption for Vehicular and Lawn Maintenance Fuel
5.03 Zone Three (3) S and Lubricant Use 19
5.04 Zone Your (4) •, , 9 11.06 Exemption for Application of Pesticides.
5.05 Other Requirements and Liabilities 9 Herbicides, Fungicides, and Rodenticides . 19
5.06 Requirements for Sanitary Sewer• and 12.07 Resection for Retail Sales Activities 19
(Infiltration Systems 9 12.08 Exemptions for Office Uses 19
12.09 Exemption for Construction Activities 19
:tie.) 6. PERMITS 9
6.01 wellfield Protection Permits 9 Section 13. SPECIAL EXEMPTIONS 20
6.02 Permit applications. 10 • 13.01 Activities Claiming Special Exemption 20
(a) Operating Permit 10 13.03 Granting of Special Exemptions 21
(b) Closure Permit 11
la) Permit conditions 11 Section 14. tETZTION TOR COMPENSATION 22
(d) bond required 11
• (e) Clean-Up and Reimbursement 12 Section 15.
magma .6.03 Fee Schedule 12 ]S
(a) Operating Permit fee 12 Section 16.
(b) Closure permit fee 12
TRADE SECRETS ]5
(c) Permit transfer fee 12 Section 17. yloLATTONS. EITolcous r. PENALTIES 25
6.04 Revocation or Revision of Permit or General or
Special Exemption 13
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ORDINANCE NO. 88-7
AN ORDINANCE or TOR WARD or COUNTY CONNIISIONRAS Or PALM BRACE COUNTY,
ILOIIDA, ENACTED TO PROTECT EXISTING AND FUTURE POT/BLS EATER MU1PLIES; TO BE
RNOVN Al TIE PALS BRACE COUNTY VILLPIELD PROTECTION ORDINANCE; PROVIDING FOR
ctioo IS. paoRcarnm PROCEEDINGS IIP'ORE 211E OROORDWATZIL A►PLICABILITY IN TEE INCORPORATED AND UNINCORPORATED ARRAS; PROVIDING rot
&(D NATURAL RESOURCES rP.OTECTIOM IOAAD ]S CONSTRUCTION; SETTING Tot Tii LEGISLATIVI INTENT; PROVIDING FOR DWINITIOMS1
15.01 Jurisdiction and Authority 25 PROVIDING FOR NAPS or ZONES or INrLurocz, PROVIDING rot iu'rlxc rums ON TEE
. 18.02 Naforaoaent Procedure/ Nearing ]l USE. •ANDLING, PRODUCTION IND STORAGE OF LW/LAM SONSTANCzI AisOCLTRA NIT'/
NONRESIDENTIAL ACTIVITIES roe RO/AA ONE. TNO AND Ti3i2; PROVIDERS rot PEUNZTI/
ction 111. iSPIAL OF LAWS Ill CONFLIC? 27 • ►ROVIDING FOR TIE G1OUtiDVATER PTOTiCYION tarn WARD; PROVIDING FOR APPEALS;
etiost 20. /tYERAlILZ2Y ►ROVIDING Poe TEE PROTECTION Or FUTURE NELLFIRADS; PROVIDING' roe TAR
27 DETERRINATION OS LOCATION YITRIN ZONES; PROVIDING FOR THE APPLICATION TO NEW
►CTIVITIES AND RESTRICTIONS ON TIT ISSUANCE Or BUILDING PUNITI AND
ctiom 21. INCLUSION IN MR CODE OF LAMP AND ORDINANCij . . . . 27 OCCUPATIONAL LICENSES; PROVIDING rat OE7NNDIAL AND S►ECIAL USDIPTIOUI; 'morning
wriest 22. /rPEG22YE QA2j • POR COMPENSATION; PROVIDING rot TIE TRANSFER Or TIT REGULATED ACTIVITY/
27 PROVIDING rat TRADE SECRETS; PROVIDING FOR VIOLATIONS; 171FORCENn1T AND
►ENALTIES; PROVIDING ►Olt RESEAL or WY IN amnia; PROVIDING FOR SEVTRAIILITY;
MIDI? A GENERIC SUBSTANCES LIST PROVIDING TOR INCLUSION IN TEE CODE or LANS AND ORDINANCES; PROVIDING FOR AN
ETYICTIYT DATE.
NI■I? I OPERATING AND CLOSURE PERMI? BONDS
'NEWS. stoat of Pals Reach CeYty's potable water supply is o►taissd Tres
MI/I? C FRI SCNIDULI localized s►allow apit , ad
YNZRIAS, it is school/lodged that inappropriate developsest mud led leo
MI/I? D 'BEST MANAGDIDST PRACTICii' FOR TEl COMITRUC?ICis contributes to degralatioe of grouadwat•r quality, sad
INDUSTRY' YEEUEAS, there is • sod to protect the esistiaq sod future potable eater
• supply seeress of Pale leash Comity Sr.. legredaties sal trot the intsitiled or
NI/IT E PRIORITY POLLUTANTS asiatostiosal iatrdoctios of deleterious subetascos lino each sources, sod
• WARNERS, it is the latest sod policy of the Board of Ceusty Cotsissistsrs Of
MI/I? ► SUGGESTED PIPE, FITTING!, COATING AND TENTING Palo Reach Ceoaty, to odor this Ordiaaace, the costiauod health. safety,
welfare sea quality of osvirosaent for the residests of sod visitors to Pala Roach
County, and
vinnuAI, the bard of Cosily Cossissioaors has the authority Rader lb. Pale
Reach Cowaty Charter to adopt a countywide ordisasco relating to the protsctioa of
wells end wallflelds by prostate, criteria for regulatlag and pro►ihiti•g the use,
handling, production sad storage of cartels deleterious sebstaaces which say impair
t sad future public potable water supply wells sad wllfl.lda.
NOV TYEI1PORE, NI IT O01AINEB IV TIE NOUN Or own •
CONEIIIIONEis Or PALM ISAC= COUNTY. MLONSON chef, •
Soollos 1. SIOt? Tiyli, IIPLICAIILITT, CONITIVC?iON.
1.01 This Orlisasse shall be haws ea the 'Pals Bench Ceesty Selllisld
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Protootios Ordiaaaee.'
1.01 All provisions of this (*disuses shall be effective within tM
lacorporated end ualeoorporatd f Pala Reach Cowaty, Florida, sad shell set
restrictions, coastraiats sad pro\i►itioas to protect p sad future palls
potable water supply well• sod well.tlella from degrdatioa by costaaiaaties of
deleterious subataaces,
1.01 This Ordiaa•ce shall be liberally coutruod to •tfsctuote the porpooss
set forth berets.
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0esties 2. y[QIILATIY[j)frrJ(T. •pplicatiess pe t to 'settee I of this Ordinas* tad to hear alleged
violations of this Ordinance tad otbor sad local laws protecting the
2.01 The iateat and purpose of this Ordi is to protect sad safeguard the Natural r•soercem of the Cosaty.
health, 'misty, aad welfare of t►e residents sad visitors of Palo leach Cowaty, (a) Laboratory. A designated area or areas used for testis., rseearch,
Florida by providing criteria for regel•tia and prohibiting the use, ►abilis., •xperiaeatatiea, quality control, or prototype ceaatrwctioa, bet wet seed
preductiea aad st f certain deleterious substances which may impair p t for repair or atiatesaaes activities (melodic. laboratory egeipmeat),
and future public potable water supply wells sad wellfields. • the ussefactaing of products for sale, or pilot plaat testis..
(0) I)emresldeatial Activity. Amy activity which antra is any beildiaa,
2.02 The •merit Sahat List attached hereto aad ime'rper•tei hereto as ,tractor* or open area which is mot used primarily as a private readier,
Inhibit a, is provided for lmforaatiesal purposes sad nay be revised free time to or drelliag.
time by the Pepartaent sitheet further •sties by the Ceeaty Commisaion. Feraoss (P) Qia Pal ['Livi v& Coetggvvr. The lama of points around a well or wellft.ld
tali,, hailing, predeelm. or storta. a substance eft the coatis list may be etimg, were the fro* water elevation la lowered by one (1) test des to a
►amdlleg, predseing or 'torts' • Regulated Sub as defined by this Ordiaasoe specified peoples rate of the well or wellfield.
and. therefore, may he subject to the regeiresests of this Ordiaasc.. ►e (q) ()statist malt. The permit required of certain activities wader Socties
eases* as to whether they are sehjeet to this Ordinal.** may wish to soaselt with the I of this Ordiasaa• to operate, the criteria for which are set forth seder
Daps nest. • sorties . of this Ordi .
(r) Perim. hay 1 portea, ladivideal, palate or private corporation,
firs, association, joist vesture, p hip, municipality, .overseeatal
sorties QQIKITIQItI:2. agency, political sebdivisioa, public officer, mar, 1 , tssaat or
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• say other entity whatsoever or any cosbiaatiom of such, jointly or
3.01 The foliate. deflections apply wit\is this Ordimaaces Fly.
(a) Aquifer. A groealwatsr atrial geologic formation, or forsatioss, that (s) potable voter. tater that is intended for driakiq, celisary or domestic
corrals "sough saturated permeable material to yield signifies.% purposes, subject to cosplieace with Canty. State or Federal driskiag
qu•atities of water.
(b) cloture permit. That permit required by activities which must cease (t) water ■•Uility.
Public Utility. Amy privately-anted,tewnwnsyste provid Cawwaterred,
operation Wrauest to the prevision• of fonties S of this OrdlNaso', t►• special district-owned, or State-owned system prwidlng water oc
criteria for which are set forth seder Booties d of this Ordinance, wastawater service to the public which ►•s at least fillets (16) service
(0) coesleted Apalicatieb. Aa tpplicatiee which includes ell materials and coasectioss or regularly serves as at least twenty-five (2S) individuals
�. . documeats which are necessary to support the application aad which has daily for at least slaty (50) days of the year.
A ?1- lam accepted as complete by the 0epartmeat. (a) Peculated iubstaicas.
.•.•/ (d) coat of PePressien. Am area of reduced water levels which results from (1) Those deleterious substasees and coataalasats, lacludimg legradetiom
" •.. the withdrawal of .rwadrater from a pint of collective source such as a and is uractloa
1 t(; well, wellflold, dewaterlproducts which, hecaua• of quality, coacoatration, or
1.1.. N site or quarry. The areal a:test and depth of physical, chemical (including igaatability, corrosivity, react!
�^ the deprestloa is • faction of the hydraulic properties of the aquifer, aid toxicity), or infectious characteristics, radioactivity
••w':` the pumper(' rates and recharge rates. ■utegentcity, carcinogenicity, teratogeaicity, bioaccuaulative
Ie) Qegsrtaent. Palm beach Cousty flepartieat of taviro aental Resources effect, persistesoe (cos-degradability) in atter*, or any other
�• Maaag•seat, charged ►y the board of County Camellia with characteristic, may caws* sigsificeat harm to human health aad
reaponsibility for adaiaisteris and esforciag this Ordinance. eavironaeat (including surface and ground water, plats, aad
i%. (f) pesleaatod Public Utility. That public utility which operates a well or •sisals),
wells for which the roses of iafleeace include part or all of the property (2) Regulated $ubetaaces shall iaclu/*, but are net limited te, tbooe
cr.::; oa which the soaresidaatial activity is located. substances set forth is the lists, es •beaded from time to time,
•v; (g) laertsncv hazardous ■ltustioq. [mitts wh there is an immediate tad eatitled, Lists of lasardoes Wastes (40 CFt Part 261, Subpart m), 40
substaatlal damper to bases health, safety, or welfare or to the CFI, Part 261, Appendix TIII - lasardows Cosatitutats, and IPA
emvireemeat.
Desigaaties Reportable Quantities aad Motificatiom Regeiromeats for
.1... lb) KU. Uaited davirecoeatal Protoctios Aleacy. ' earardoas iubetaaces Usdar C4ACLA (40 CFI 302, effective July 1,
.7 (1) Infiltration bsstel. Amy gallery, perforated or 'leaky' pipe or aiailarly lfea)s provided, ho that this Ordisesce shall only apply
�••• designed 'tractors which is used to dispose of ustreated st ter by rb he aggregate sun of all quantities' of any one Related. allorieg the routed water to percolate by aw►surtaco discharge directly or jubstaace at a gives facility/►uildiug at soy oche tine exceeds live
indirectly info the graved (S) gallons where said su►staace is a liquid, or treaty-five (25)
(j) Facility. Pais structer•le, accessory atrectares aid activities which pounds where said suhstaaee is • solid.
store, beadle. use or produce Regulated Sublet . Vlore contiguous
facilities exist aad such f•eilitiee are separate is the mature of the •
bush , they shall rotas separate osier this 0rdiaasce. The Or& shell also apply if me single substance exceeds tbs
(if) centric Substance List. Those general categories of substances set forth above reforest' limits bet the aggregate gem of all Regulated la exhibit A attached hereto sad iscorporated bursas. labstaac•s p t at one facility/building at nay one time exceeds
}. (1) yroundwetgr. Water that fills all the unblocked voids of underlyiag one husdrod (100) gallons if said ■ubstamces are liquids, or five
. material below the ground surface, which is the upper limit of saturation, hundred (S00) novas if said substasees are solids.
of water which is held la the usssterated Ion* by capillarity.
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(a) QiematetIsi AAl)Iiiuril Itemise tioiscileA IaHit. That Hard deei/sated Vh.re Regulated '011ie's' ars dissolved is or mixed till other
by the Palm leach Camay board el County Ceuaissioaers to hear appeals aid mom-Regulated lu►staacaa, *sly the actual geastity of the Ra.elatsd'
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/ubatw• present shall be tried to date mime oospllas'a with the 4.03 The loses of 'allies'• Naps shall be reviewed
at least es am ssal
provisiems of this Orllm•mas. )Aire a Regulated St►striae is a ►ails. however, failure to eedeet said review shall not offset the validity of the
'liquid, the total voles of the Regulated substance presort is a ciliate, approved Naps. The basis for updating said Naps may !salads, but is sot
soluttos or mixture of said ssbstarce with other substances shall he Belted to, the toiletries'
deteriised by volume peresat cospositiom of the Regulated Substance, (a) Changes in the tackiest lsowledge esmeonimg the applicable aquifer.
provided that the solutlos or sisters costaising the Regulated ) (b) Chasse. is ousels, rate of eellfields.
. Subataac• does sot itself have any of the cha Jetties described • (c) wellfield recosfigeratioe.
• in Sorties 3.01 (t)(1) above. i • .. (d) Desinatio• of sew wellfielts.
(2) This Ordinance shall apply to all eadergroesd s facilities for •
petroleum protects which are sot regulated by Section 376.317, l 4.04 The Loses of Iafluesc• idicated es the Loses of Tattooers Nape are as
Florida , sad Chapter 17-61. Florida Ataimistrative Cote. follows:
t (v) pill. The uapereitted release or escape of • Regulated sebstaace, , V (a) y4ns Or■ (1): The lead area attested hetrees the well(s) and t►e.thirty
irrespective of the quantity thresholds in Section 3.01(t)(2), directly or (30) day t 1 ties contour.
.!directly, to soils, surface waters or grouadvat•rs, (b) LOGO Two (2)1 The land area situated between the thirty (30) day ad the
(w) Utility. 1 public utility, power company or tolep►ene cospaey which twobundred ter (210) day travel time costonrs.
be g 1 public. i (s) Zona Three U1t The lead area sitsated between the two ►ssdred tom (210)
(a) yell. Lay les that is drilled, cored, bored, washed. drives, dug, I day sad the five hundred (500) day 1 time coatours.
jetted, or otherwise eeestructed when the intended use of such nos (4) yeas Four (d). The lead area situated heyeed the live hem/red (SOO) day
is t• sodust groudweter from • source bed to the surface by pwpiog, travel time coatev aid within the one (1) toot drawdovi amateur.
1 Cl., or other method.
(y) Oillf1414, la area of lad which rentals ore or more them see well for
obtaiaiag water. Sorties S. lUTIICTI0M1 TITAN LOUTS 0I Iffnarj CI.
(a) • Zoaea of Influence. Zones delineated by too-travel time contours sad the
one (1) foot drawdown costoer with!• cones of depressioe of wells which S.01 Zone Ose (11t The use, handling, productloe, sad storage of Regulated
obtain' water from the uncoofioed or surficial aquifer system. These rows Substances associated with semreside•tial activities is prohibited in Zooms One (1),
are calculated, based on the rate of t of grouadvatsrs in the except as provided ender the General [remotions and Special Rxemptioss provisioes
viciaity of wells at a specified puepiag rate. of this Ordinance. ill moieties aonreside•tial activities within loss On• (1) which
(a•) Zones of Influence Mass. Aerial shot ographs at scales deteraiaed by the store, ►aadle, use er produce say Regulated Substances shall cease to do so within
Department shawls" the location oa the ground of the outer limits of Zones one year (roe the date of sotificatioa under this Ordinance, except as provided is
. " of Iadleenee for p d future public potable water supply wells and • this Section. The owners or operators of such activities within Lome Ose (1) shall
' w1111e1ds of peraitted for 100,000 gallons per day or more. be notified is writing, by certified mall, or head delivery by the Department,
• withis sixty (40) days el the effective date of this Ordiaasee as to the
requirement to the use, haadling, storage, and prodvctior of Regulated
Natio. 4. 'Ars or ZONI1 Of INILOINC&. sub . A Cl Permit application, &moral Exempt!** applicatios if the
• • activity is slabbed to be axsmptsd seder the proclaims of lectioes 12.02, 12.03, or
4.01 The Loses of Influence Naps developed as descried is srbsectioa 4.02, 12.07 of the Ordinance, or • Special Zxemptios applicatios prepared and signed by •
se One (1) being completed on February 111, 1IS2, and loses Two (2) and Three (1) Professional Rmgiaoer registered er Frofessiomal Geologist licensed in the State of
is, ••.plated is May, lfPs, are incorporated herein sad sad• a part of this Florida shall be submitted to the Department withis 120 days receipt of the notice
disease. These Naps shall be ou file and aaistaimed by the Department. lay to . Within 30 days of receipt of said notice, the •weer or operator shall
e adseets, addition or deletions to said Naps shall be approved by the board of file with the De►artnert proof of retention of said engineer or geologist.
+sty Cossissiosers of Palm leach County followiag written notice, by the
partsest, to property esters within the area •ovarsd by the ameadneat, addition. Any ideatial activity la Rose ome Cl) which is allowed to *outlaws is
deletiee, aid after public hearts,. Writtom mortice as provided herein shall be accordance with the General Rxssptioes or Special Zxem►tions set forth in this
least thirty (30) days prior to the public bearlae ea the ameadseat, addition or Ordiaaaee shall obtain ma operetiag ►erect. unless expressly sot required by this
lstiee. Said nape shall be provided to the Palm leach County ►laneisg, loalag sad Ordiaaaee, which shall indicate the special coditioas to he Instituted amid the
tidied Department. the 0rouadmiter ad Natural R Protection bard sad say • dates on which such conditioes shall be instituted. Such activities shell comply
set agency requests& said maps. with all tom. Two (2) requiramesta unless otherwise provided heroin. Ne expessioss,
soditicatioss or alteratioaa which would 1 the storage, handling. . use or
4.02 The Zones of Influence maps are based upon travel time coetsurs ad ono production of Regulated lubetaans shall be permitted is Zone Ose (1). A. weer or
It drawte s contours. They are g d rafag a co•taaiaast transport computer . operator that is dilated • Special Iresptios shall be issued • Cl Permit as part
lel that simulates pollutant noveseat using particles feistiest •rood wells in as of the distal process, Amy eperatlag permit appllc�tloa required berets shall be
mortal heed/velocity field. The head/velocity field is calculated by s is [tattoo filed with the appl/tatieme for General Rxesptiee or Special Zxeaptios.
(foresee computer modelie. techniques that incorporate the effects of as extensive
sal system ad Year 2010 build out pumpsge rates. The peeping rates were S•02 Lose Two (2)1 111 menresideatial activities withis Zoos Two (2) which
teruimed by first prelactiag populetioe fig for the Tear 2010 for each public store, handle, use or produce nay Regulated Swhatarce are prohibited tree doing so
llity service area sad aultiplyisg this by • per capita eoesuapttoa rate unless they qualify as a General laeeptioe, obtain a Special Zxenption, er receive
termised by the South Florida water ■anagenst District eat by ooasultatio■ with en Operating ►oruit from the Department which complies with the following
e lle utilities regarding wellfield expeasloa and development. conditions:
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(a) ;oats/meat of Imalated h aaa l;oats/meattakes to 'estate sad sloe• up the spill shall be submitted to the
Leek-preet trays under sastaiRsrl, (leer ear►sag Sr ether eostaimsoat 1 Departaeat within fifteen US) days el di y of the spill.
• systems to provide soeesdery liquid aeataiaaest shall he !metalled. The •
1,) Maaitariaa far )/slated julataa/s■ la the satalla sitar WILL
•t, w' cootainnt shell be of adequate site to handle all spills, leaks, Arrasgemest• shall he made with the desieaated public utility to establish
..;;.;,, overflows, sal preefpitatioe until appropriate settee sea b takes. The a semi-asacal schedule of raw water amalysis sales• seapling results
specific design sad ■elsctiom of materials shall be eufficiost to preclude indicate eoitaninatios, im which case the Department shall remits as
any Regulated Substance lose to the external eavlremmeat. Coetaiemeat increased sac li y��;, � p ng sc\•dale. The meal •is shall be for all ssbetaaeeo
systems shall he sheltered so that the intrusion of ►recipitatios is which are listed oe the Operetta, Permit. The analytical reports shall
` effectivel
y p fed. The owner/operator may choose to provide adequatebe prepared by a State of Florida certified laboratory, certified for the
sad appropriate liquid colleotioe methods rather thee s►elter'sg wily applicable analyses. It shall be the responsibility of the designated
after approval of the desiga by the Depertwst. These requirements shall
apply to all of use, prodactioe, end ►esdli public utility t to provide for the eampperscad a os aims bet the cost shall
N. to all et be berme by the penicteg er them permittees os a pro-rota Perim as to
to loadlae sad off 'wellies and to above-grimed ape the saw 'Jetsam's listed ea the pmreite of thee* permittws is laws of
uaderrreuad storage The eeetainmeat devisee wad liquid eelleetlem Iellueaca ,of the subject yell. , /ample, shall he takes by the State
• systems shall be certified la the operetta. permit appllcetiom by the certified laboratory pectorals. the ualysem, or its authorised
v professional hegiaeer reeisterel or ►rofessiosal 0eelogist licecel la the repressatative. A reteresee set of raw water asalysos shall be completed
State of Florida. for each well for which a tone of Iafleesce Map has been established.
,1.(b) keraoaCT eellectlDa devices. Vacuum sorties devices, sbsorbat waves.•r Said analyses shall be completed within oar-baadred-eighty-five (11S) days
.1.i)' . aaterials or other devices approved by the Dope rtmeat, shall be p after the effective date of this Ordinance, and • copy shall be forwarded
ea-site or available within too (2) hosts lose beer is Lose One) by to the Department within foarteae (14) days of completion. Said amalyes'
. 1 .,, s an by contract with a clime u► company approved the Department, is sufficient shall address inorganic
mapaltuls so as to atrol and collect t total quantity of Regulated g priority pollutants as listed is Exhibit and
• organic priority pollutasts an a listed im Chapter 17-22 F.A.C., as beaded
Suwt'su• p To the degros feasible, .eergesey eoetainau shall be
tree time to time, and as shove in ixibit It. and the coat shall be horse
1:1 ' ;•
preseat and of such capacity as to hold the total quantity of Regulated by the utility. The analytical reports shall he prepared by the State of
.. • Ssbstaaces plus absorbent material. The p of such emergency Florida certified laboratory, certified for the applicable scalyses.
t71 . collection devices shall b certified is the Operating Permit epplicatioe Samples shall be takes by the State eertitiN laboratory portorfla. the
i yl",, for exilitiag activities. Such certification for maw activities shall be • uaalyeae, or its autherised represemtltive.
provided to the Departaeat prior to the p of Regulated substrates
".• es the site. Certification ,bell be provided by a Profeesiosel [splatter Seel- 1 r•
registered or geologist certified is the Stile of Florida. reports prepared by • State et FloridaFl certified the Dspaory of
• (a) pergencr alas. As emergency plea shall be prepared and filed with the the thelpurp for Regulated Substances cball b submitted to eepla sack
for the purpose et dsterslalsg the prsesea of Re/slated Sob•tasee• L sack
Operettag Permit applicatlom isdicatiag the precedents which will bewell for rich ♦ Zoos of Iaflusace Map has bees established.
followed is the avast of spillage of a Regulated Sebstaece so as to (h) ponitcrlas for Am/elated Substaacee la groundwater ma/Aortae sells,
coatrol sod collect all such 'pilled material 1■ such a sanest as to Grouadvater mositoring wills) shall be provided at the exposes of the
p t it from reaching any storm or sanitary draima or the grovel.
• (4) laaavctio`. 1 responsible porsoa designated by the permits• who Receitto !a • i amber mod eeDepart.ent approved ►T the tep•orathi.
beadles, uses or produces the Regulated Substasee• shall chock ea everyis
Receipt for • uting wells !Dual by ailthe Department bet to be adequate for at of
provfeloa, the required well er wells shall installed by a State of
• day of operation, for breakage or leakage of any coatalaer holdiag the Florida liceasN water well contractor. Samples shall be takes by the
Regulated'Substances. Ilectroalc ,easing devices may be 'splayed as part State certified labretory performing the analyses, or its authorise
of the inspection process, if approved by the Department, and provided repreesetattye, Analytical reports prepared by a State of Florida
the sessisg system Is checked daily for ealfunctioas. The f daily certified laboratory of the geaatity p is each monitoring well of
iaspectiom shall sot ■ecessarily require physical inspection of each the Regulated Sabetaacas listed is the activity's Operating Permit shall
coataiser provided the 'acetic"' of the coataiaers cam he teapected to a • be filed at lout annually, or mmre fregesatly, as determined by the
degree which reasonably the Department that breakage or leakage Department, based epee site smalltime and operatiow.
cam be detected by the laepectioa. Monitoring record■ shall he kept eel (1) Alterations sad axaea.tes., The Departaent shall be %stifled is writing
bade available to the Depsrteeet at all reasonable times ter eesmleattee. prier t• the empawlee, aiteratie or sadifleatioe of ea setivity holding
le) ?roller and 'delimits Roesler Mai ataa anca of restatement, ad an operetta. Permit. Soak expeeeiea, alt tom, or modificatiee may
• acutpsent.. Procedures shall be lished for the quarterly in-house I. result from iwreased ',gears footage of prodaetioe or storage capacity, or
leapsetios and salutations* of costaiwat sad smereescy •guiMeot. Sack 1 ed eaeettttee of Regalated labetaagea, or changes le types of
procedure shall be is writing) a regular checklist and schedule of Regulated bayoad t►ee. square footage•, quartitles, sad types
saint hell be established, sad • log shall he kept er la.pacties, %poi which the serail was issued. Oteluded from setifieatioa prier to
and saiateaaece. Such logs sad records shall be available for iaspectioe alter■tlo■ or eodtfieatios era changes la types of Regulated SabstesNs
by the Departwat. mead is • laboratory or leboratorien designated as such in the earrectly
(f) Reporting of 'Dille. any spill of • Regulated Sub la excess of the valid permit which do sot exceed the aom-aggregate limits in Section
boa-aggregate quantity thresholds is Sartioa 3.01(11(2) shall be reported ).01(111(21 cad which are ►it►ill the Generic Substances listed le said
' by telephone to the Palm Peach Coasty ■wait► Daft as/ designated palatepermit based epos the Gewric Substance List attached hereto cad
utility within one (1) bur. and the Department vithis twenty-four (24) lacorporated ►ereia as Rxhibit A. Should a facility add mew Regulated
hosts of discovery of the spill. Claes-up Mall commence immediately . . Su►ateaces which ledlvidsally are below the cos-aggregate limits is •
epos discovery of the spill. ► full writhes report including the steps ' • Mottos ).01(e)(2), it shall notify the Departwat oe the aural basis of
the types sad quantities of such subsumes' added and the locales of the
•
sae, heed/leg, at , lad preduatia of said su►stuoes. I►esld the 5.04 gag You IC)) All maraidatial activities within Zees Tour (41 1h101
aggregate quantity of such additions oxstod the aggregate limit la • stern. beadle,
3.01(a)(2), w wtiticatioe other than t►e meal motificaties described eroded* rx see ay btain aed Special
are prohibited nmOpeS they
above is required. Any such sxpaesioa, ■lteratior or modification shall • Perlity a ommerel ithgtla, loviobta1 ca /dttitl !sometime or receive a■ Operatia,
be la strict coeforuity with this Ordinaace. Putter, except as provided Permit which complies with Um forthfo 000dltiome:
• hereto, any existlag Operating Permit shall be amended to reflect the
(t) Those eoedlt (30)set is Submoetioaa S.O3(l) ash (f).
Sstrodmetioa of any aew Regulated Substances [esulttoq from the chaspo. (►) Within thirty days of acquiria, knowledge of •sy spill of • Regulated
Substance the Department shall consider peroration of the permit or
Sovever, the istroluctios of aay pew Regulated Substance shall sot prevent • revision of it to comply with some or all the other conditions set forth
the revecaties or parietal of ally existing Operetta Permit if, is the is Sobseetiose 3.02(e) through (j), is oddities to those required by
opiates of the Departmeat, such istrodwctios ewbstamtially or materially Cectioa S.04(a) above. Is coasideratloa of whether to revoke or revise
modifies. alters or affects the eoaditloae apes which the existing the permit, the Departsnt ray consider the istemtional aster• er the
Op*ratlag Permit was g ed or the ability to resets qualified as a degree of negligence, if any, associated with the spill, the extent to
Oeaoral Dtesptien, if applicable, or to coatings to satisfy nay cesditioas which costaiwat er cleanup is possible, the , number tad frequency
that have ►ees i posed as part of a Special lxemptia, if applicable. T►e
of praviou spills by the permltt*a and t\, potential degree of harm to
Department shall aotity the permitter is mitts. rat►is sixty (60) dayn of Ike rousdrster end surrosadl/ a, wells due to such spill.
receipt of the permittee's settee that the Dimertaeat proposes to revoke (e) If • somresldeatlal activity is Rose Par (4), a its era initiative, ban
or revise the permit and stating the grounds therefore. • facility meeting the *militias of Cooties 3.03(a) thr
(j) Reconstructioa after catastrophe. R*cosstruction of say portion of • •ugh (j), themd
structure or beildia, Cectloa in which t►ere is say activity subject to the Zone Is Sr 111 Ohallisg ►pply.t stall so indicate and their eoedltiou ot!.OdI►) shall at apply. `
provfsiess of this repulattoa which is damaged by fire, vasdalisr, flood. (d) Operating permits required by this sonnies shall be applied fee sad
explosion, collapse, vied, war or other catastrophe shell be is strict
ulty with this Ordineene. processed is duce with 'actin 5.03(k). lowovtr, • moereoldemtlal
ooator
(k) All ormitieg h hisiordtial activities 1n lose Two (3) which use, beadle. activity is Lose Pour (4) 1■ sot required to retain as eagime*r or
geologist to prepare the operating
eters, or produce legulated Substances shall file a applicatioa for an permit, providing that Section S.od(h)
or (e) loss sot apply.
Operating Intuit within sleety (S01 days or • Cl Permit applicatioa
or Special Exemptla application within one headred treaty (120) days of S.OS
QSAar ((squirmiest! sad 41aQllltit/. A **tics to cease, a permit or
the receipt of written notice from the Department. Said permit nos issued wider this Ordiaasce shall mot relieve the owner or operator of the
application shall be prepared sad signed ' by • Professional ingaeeer •
obligation to comply with any other applicable federal, state, calomel or local
registered or Professional Geologist licensed is the State of Florida. regulation, rule, ordiaasce or requi . Nor shall said notice, •
Vithia thirty (30) days of receipt of said entice, the *veer or operator exaptloa relieve •m auger or permit, or
shall file with the Department proof of retention of said salaam or y operator of say liability for vaol•tioe of finch
c,grlatiau, rules, erdlnameta or requirements.
geologist. It applicatioa is made for an Operetta Paruit. such a permit
shall be issued or denied within sixty (60) days of the filirg of the S.04 La utrssents jaLgialliminituyijimui.
completed application. If the application for a Operettas Permit is (a) All mar or replacement iutallatiess of sanitary sever maim, in Zama One
denied, thee the activity shall cease within twelve (12) months of the (1) or Lae Tiro (2) of • public drink!
dasial sad as implicative for • Closure Permit shall be filed with the N rains allation/ shall be
constructed to force main standards. Standards for installation are s►evn
Department vitals one hundred twenty (120) days of the deslal of the la Exhibit I sad shall be enforced
0►erailag Permit. Unit through theby the rain Dosch County Public le•ltY
e permit process.
oar Three O1: All nonresileatl•1 activities dtlim Lose Three (7) (k) Po sew exfiltratioa system shall be
ceestrmcttd 1e Lose One (1) or Use
5.07 boodle, produce or use asy legislated Substances are prohibited unless Two I11 of a public drinking water 'Penfield.
store,=
f qualify as a general Sxenptios, obtain a Special tmeaptio or receive a■
calla Permit which sapliss with the following cesditioas, Cooties d. prINIT/.
(•) These ceeditiers met forth is Su►eectiose 5.01(a), (c), (4) and (fl.
(b) Within thirty (30) days of acquiring knowledge of any spill of a Regulated 6.01 ■eliliald Protection Permits. •
Substance the Deportment shall consider revocation of the permit or (a) This section provides the requirements and procedures for the tssua.sa by
revision of it to comply with some or ell the other coaditio•s set forth the Department of Operetingg sad Closure Feruite required by this
1a Subsections S.02(a) through (j), is additloa to those required by 0r4isance. .
Section 5.03(a) above. Is cossiderattoa of whether to revoke or revise (b) As applicatios which satisfies the requirements of the applicable Zee, of
the permit, the Department may consider the lateatlaal or the Ioflmieea and Sorties 6.02 and. if applicable, Ceotlos 13, shall be
degree of negligence, if say, associated with the spill, the extent to approved aid • '
which cortatament or cl p is possible, the eater*, member and frequem permit issued.meA may addition •o the itlllam to satisfy eated
cy r*wgiramosts, tM Department delay • permit Lased a repeated
of previous spills by the permitt*e sad the potestlal degree of harm to violations or this Ovals/mace.
the groamdwatar aid serroum/lne wells due to such spill. (c) An Operetta, Permit shall remain valid provided the permitter la is
(c) If a aerresldestial activity Is Lone Three (3), es its own initiative, has . compliance with the terns ape ooslitiees of the permit.
• facility mooting the oosditfoas of /seties 11.02(a) through (1), them its
Lose Three (3) Operating Permit shall se indicate sad the cosditloas of • (d) ►eraitteas shell oat be required to pay assual 1 foes until October
Cectios S.03(►) shall sot apply. 1. 1f90.
(d) Operetta, permits required by this unities shall be applied for tad subject to aami uoaleler 1, 1ffii all current
mt future aad are persittas
fee as stated la lzblbltC.
'unison( is ace,rdtsge with Ieotia 1.02(k).
a . •1 C
Motif tcatia to the Department amber Scotia S.02 (1) is due with the (b) closure Permit. Closure permit application• shall provide the following
w rsaal fee. tntorm•tioas
(e) The Department shall hove the right to make ias►ectias of facilities at (1) A schedule of •veal• to complete the al f •n activity that bass
reassna►le times to deteraime compliance with this 0rdiaaace. or did • handle, use, or produce Regulated Substances. As a
(I) All of the facilities creed and/or operated by ems persa whs■ these ■1•lasm, the tollewiig actions shall be add d:
structures sad activities are located ea cemtigsous parcels of property •) Dispwitta of all Regulated fa►staces lad eatamluted
eves where there are tat lag public or private roads, may be covered • coetaimors.
ember ow' permit, b) Cleasap of the activity lied avirems to proclede leackiag et
•
/•02 Permit aegllcgtioig. unacceptable levels of residual Regulated Substeaces Late the
(a) 2p e) G,ratinc Permit. All applications, as • mistook, shall provide the Ceraquifer.olllowiiag int foes rtlticatioa by a Irole"siogtl Seglieee ragi•tered or
Prefessiaal geologist liceased is the State of Florida that
(1) A list of all Regulated Sub t 4 sebtaces a the Osmotic disposal tad cleanup have been completed is • techalsally
Su►etaice List which are to be stored, handled, used or produced im acceptable Hauer. The ream t for certificatia by a
the mosresidaatlal activity being permitted lacludiag their Irofea•ioeal Ragiweer or Geologist may be waived if the '
quantities. applieant provides evidence to the Department that all et the
(2) A detailed description of the aoare"ldemtial activities that involve following items are applicable:
the storage, ►abaliag, use or production of the Regulated Su►staacss 1) The entire operetta is nsiataiaed inside the buildiag(s)
iadicatiaq the wait quantities 1i which the su►st are contained of the facility.
or manipulated. 2) The standard method of raoviag operettas waste is Mt by
(3) A description of the coataieseit, the emergency collection devices septic taak, sever males, or floor drains.
mad containers mad emergency plea that will be employed to comply 3) There 1s so evldaace of spills permeating floors or
. with the restrictioaa required for tones Two (2) and Three (1) as set eavirone.
forth above. For Lowe Your -14) this particular documentation will
only be required it a permit rewlsia is required ps t to 4) There are me at•taadiig or pest notices of violdtios fres
/wbaeetlog S.Od(►), may regulatory Nancy coaeoraed with hazardous, iMutsi•l
or special waste.
(4) A descriptioa of the daily moaitortng 'activities that have been or Si There is so evideec• of past% comtaminatia is the public
will be instituted to comply with the restrictiems for toga• Two (2), s Arieklag water well(s) associated with the facility la Imo
Three (3) aid Lour (4) as set forth above la Sorties S.02. 1.
(S) A descriptia of the sat stssanco that will be provided for the /) The applicant shall provide a swore stateliest t►•t disposal
catalamest facility, moaltorias syste, and emergency equipeat aid cl p have hoes completed in a techaiaally
required to comply with tts restrictias of tomes Three (2) and Pour acceptable
(4) as set forth above. For tome Your (4) this particular d) As appointasat for as iaspectia by the Department.
• docamaatatia will only be required for • revised Operetta, Permit as e) ►a agreemaat to iad•aity mid hold Palm leach County harmless
required by Subsections 5.01(►) and S.041b). frog may sad all claims, liabilities, of actin, or
(d) A description of the grove/water noeitoriag wells that have been or lassies arisisg set of the issuuce of the permit. The Couty
will be installed, other pertinent well coastructia isformatios, aad shall provide reaseaable matiee to the permittee of any such
the arraagements which have been made or watch will be made for claims.
certified analyses for specified Regulated Sabot . For Loses (a) The issue of well recemfigurati a shall be evaluated by the
Three (3) and Tour (4) this particular doromettatiog will omly be DeNrtmest eM the attested public; utility as as alternative to a
required for a revised Operettas Permit as required by Su►"ectiogs closure permit during Ulm permit applicatiog process. Should •
$.01(b) aad $.04(h). utility notify the Departaat in writing that it latesds to
(1) Avideace of •rrasgemest• made with the appregriate desi, d public roeoatigure • ',oilfield sad said eemflgutatioe so leafier su►heats a
utility for "implies aaalymis of the raw water from the potable water facility to to.. °se (1) or Lome Two (2) requiremeats, the Department
well. For Loses Throe (3) sad Four (4) this particular documentation may issue as Operating Permit providiag eoaditions seder which said
will omly be required for • revised Operetta. Permit as required by facility may cemtiaus to operate.
Subsection" 5.01(b) ad S.04(►). (1) The Departaat of taviroomeetal Requlatlom aad the Palm leach Ceaty
(a) Am *greenest to lsdemaity aid hold Palo beach County harmless from ' Public wealth Omit shall be advised in writing of each Cl Permit
ay and all slain*, liabilities, ! settee. or damages erisi•e application.
out of the issuaco of the permit. The Crusty shall provide (c) Permit cadltioas. The permit eenditiog" shall mecum compliasre with all
reasoaable mottos to the permittee of any such claims. For Loae Four the prohibitias, ietioes, ad requirements as set forth im this
(4) this particular doeumeatatioe will oily be required for • revised Ordi Such eoeditioss may laclnds, but met he limited te,
Operati•g Permit as required by Subsectia S.04(►).
moaitorlay wells, periodic groom/water analysis reports, mid eempllascs
(1) The •pplicatiom for the Operatiag Permit shall be filed with the schedules. Said cosditioes may also include requlreseats is a closure
Departaest 'pickle timely (10) days of receipt of written aotificatioe permit to reduce the risk is the isterin of ooutaiaatioe of the
from the Deportees'. eroumewater", title" late account Dist, likely effecti ed degree of
. risk te the grouadwater.
(d) band reoalrel. Decept as provided ii Sectia 6.02(d)(S). w permit hereto
required shall be leased 'aloes theta I. tiled at the ties et applisaties,
•
le .:f 11
except is the ease of as applicatir,e by a political •ubdivisiee or agesry
of the $tatg, a cash hood, permit bard with a corporate surety, or letter (0) ?trait trullar led. The tee for truster et as Operating permit or
of credit 1■ the aaouat required by Inhibit 1), attached hereto and Cl Permit shell be Treaty►ive Dollars (Tysesf) to defray the cost of
pratN herein, to !no■re that: processing the creaator. Applieatioo for Truster Pirmit is to be made
iseer
(1) The peraittee will operate its aosreside■tial activities and/or within sixty (�0) days of tc•osfeo of ownershipof the activity.
cl of such so■resideotial activities, as applicable, in
S Od p.Sion or Revision of Permit or Gemmel or Facial . shallioa.
accordance with the cosditioss arid requireoeots of this Ordi d (•) Any p•rnie issued under the provisions of this revokea sot eeome •
;waits issued hmr,■ader, 4 in the peraittee. The Department any say permit issued by
(21 The Nroittee shell reinhurse pals beach Comity 1■ accordance with it by first issuing a written motics of latest to revoke (certified sail
•uhseetion d.02(a)11), (b)(1)e) and (e) of this Ordiaance for any and recur■ receipt requested, or head delivery) if it finds that the permit
all exposer,• and *oats which Palm leach County !acme as • result of ►olds n
the peraittee feeling to regally with the realities' am! requirewnec (1) ■as felled or refused to comply with any of the provlaieea of this
of this Ordlauce. ordi&siee, banding but not
(2) before • bond or letter of credit is accepted limited to permit cesditiou aid Mal replramests of Sortiee d.02(d)
P y the Depertw&t a■ ►eroin; or
being in compliance with this section, the hoed or letter of credit (3) Ras suhsitted false or numerate inforsaties in this applicatiesl oc
shell be reviewed and approved by the Palm beech Cewty Attorasy's (3) ■as felled to Molt
Office and shell be filed with the Clerk of the board of Cousty r epwratleeal reports er other im[orwtiee
r,grired bT t►!s OrdlasaaeJ or
Coarissi A corporate bond shell be executed by • cerporatios (4) Res refused lawful laapeetiee under Suttee 6.01(o); or
authorised to do Maness 1■ the State of Florida •■ a Surety. A
Maness (S) Is subject to revocation seder Sorties S.02(1), 5.03(b) or S.0d(►).
Cash hoed shall be deposited with the Departmeat, who shall give (►) The Deportment ma revise an
an
receipt therefore. T y permit pursut to Mattel' S.OJ(1), S.OI(b)
or 5.04(b) by first isauisg • writes& notice of latest to revise
(4) The hoed or letter of credit required by this le*tio& shall N kept (certified sail rotors receipt requested, or bud delivery.)
is full force sad effect for the tern of the permit end for one-year (e) I. addition to the after voluntary los of activities ysoofssays of (tootles a R g.lat lu►ubstance (a) sad (b).
permitted ►ersCsder, within thirty (]0) days of say spill of • Regulated Substance !■ tones One
expirattee, or revocatios of the permit. • (1), Two (2), or Three (2). the Department shell coasidor revocation or
(S) no hood or letter of credit is required for issuance of • permit for revision of the permit. Upon such coeslderatios the Departmest may irises
the tollorligt • aotice of latent to reveler, or revise which shall be subject to the
(a) Pesticide applicators, es described in Section 12.06, valise the provisions of Section S. or elect not 'to issue such **tics. Is
poet coetrol facility is located is Vellfield lose Oss (1), Two Consideration of whether to revoke or revise the
(2), or Throe (1). permit, the Dcpartwat
(►) Closure of • facility, provided that the cosditlema listed is may consider the lstostlesal as or dogma of sMligeace, 1f say,
associated with this spill, sod the extent to w►ie► eestaieee&t or *luau
Sectioi 6.02(►)(1)c► for waiver of certiflcatios by as eaglneer is possible, the ■at■ri, meeker sad tregauety of previous spills by the
or geoleglst are applicable.
petilteN and the petestial degree Of bars to the grocedrater gad
le). A facility in lose Peer (4), unless the Department his surroudiaq wells doe to such spill.
detersiaed that revlsio. of the permit is appropriate seder the (a) Tor any coveratloe or revlsioa by the Depsrteeat of a Special Smarties or
coalitions described la Section 5.06(h). General Lunette* that rewires as Operatii i as provided wader the
S tau-Re Jpd Aelibufseeent. UT p subject to regul•tiom ardor this terms of this Ordinance, the Department shall
issue a **tics of latest to
Ordiaaae* shall be liable with respect to Regulated Su►staices esamatiag revoke or revise which shall costal' the
es or free the persee's property for all costs of removal or remedial intent to revoke or revise both the applicable exemption end the
action lacurred by Palm beech Cosaty and damages for injury to, eccospaeyiag Operettag Permit.Sostrseties of, or lees of natural resources, includlag the reaaosa►le (e) The writte■ notice of latest to revoke or revise shall ceetais the
costs et assessing such injury, deatructie& or loss reaeltts. from the followlN laformetioe:
release er threatened release of a Regulated Su►stance as defined la this (1) The saw sad eddrees of the permittos, if any, mid property ow■er, it •
Ordleaace. Such removal or remedial actlos by Pala beach County may daft
laclude, bet is not limited to, the p lee of further cestesluttes et (2) A description of the facility whitl is the subject of the prepesed
grimed water, switerieg, eetelemeat, sad gleam-up or disposal of revocation er revisles.
Regulated Substaaoss reaultiag from the sphlliap, lakiN, peopieg,
poetise. omitting or despise of any Regulated Su►etascs or meterial which ( oowee of the spill, it any.
ea emergent ►eserdous situatios or is expected to create a• (4)) C or rleevs is,lwtien and specific rossesa for the proposed eevosntiei
ewrgea*y hazardous aitu.tiom, or eslee.
(S) A stateliest that 'railer• to file • utilise with the Clerk of the
Tie ic►ed■1 ■oare wit►ie treaty (20) days after the date epee which ;armlets*
receives writes% settee of the latest to revoke or revise shell
Qteretis* lariat let. The fee for as Operettag Permit Ceder this reader the proposed revocatios or revision final and in full force
roquletioe shell be as slave is Axhi►lt C, attached hereto sad and effect'.
iscorperated herein. A lets fur of Tweets-rive Dollars (225.00) shell be (f) failure of permitter, to tile •
charged if •pplicatiem for • leralt K 1 is late. The Operating putties seder Beetles r shall render
Permit fee shall be wed to defray the cost of mositorithe inprgplaed hsosortie or ell prec flail sat do fulld force aid effect.
N wwesllsmee with (g) Nothing 1n this section shall preclude or be deemed • condition precedent
this Oedtaaiee, to the Depertnoat ;mokise •• ten;lead*?trait let ad
. The too for a Closers Permit Rer this regulation porch or petmaaeac lajnectio■.
01411 ►e en•-ball of the toe for the Overalls, Permit. ,
13 •
— .. ; 4 11
•
•
tootles 7. QROUNDVATEILANQ NATVRAL $LJOU CZS PROTiCTI011 IQ/ . ' (b) To appeal as latest to revoke os revis
e ea Oper•ting permit ssd a 0 1
orSpecial Spei 7.01
Quellticatloa■ ud Taus 4t Office. The heard of County tommiui (o) Too request a• Special ■se.pties.
Ill appoint • five (S) member Groundwater and Natural Resources Protectios bard I Vrittes petitions for relief shall be filed with the Clerk of the
hear appeals mad applications as provided is Section $ sad to hear alleged Groundwater •ad lateral Resources Protectios bard, setti.g forth the
ilatioas of this Ordinance. The members of the Groundwater and Natural Resources
,toetios board'shall have the following qualifications and terns of office: •
specific relief shallsted lad the factualm materials
ford the relief rwhicht
(a) Members shall be residents of Pals Beach County sad shall hree ()) Said petltiou shall lmelede all materials and doeuse which are
year terms. ■ the first ten of the biologist or chemist shall be aeeessaty to support Detstteoer's request, Except is the ease of as
for ore (1) year and the first ten of the rschesspersa nod applicatios for Special Riemptlea, a wtlttem request for relief shall be
►ydrogeoleglst shall he for two (]) years. Said tarns shall he for three filed with the Clerk of the heard wlthl• twenty (20) days after the date
O) years tl•nafter. epos which the petitioner receives • remit) written sotto. of •w latent
l►) I[ say rs the fails to attead two (]) e! three ()) eve meetls • to reveille •r revise ►ie permit, e.a.ral Raesptioa er special sxerptioa, er
without w written settee that the application for • permit, 0 1 Rxemptios, or
/roviding notice prior to the seatleg of said mother's absence trade secret protection has ►oer dieted. Failure to file vithie twenty
free the meeting to the Department of Environmental Resources Maaagereet (20) daps or to the Chairperson of the Groundwater amid Natural Resources Protectios 'sshell heacoesrten.
• ilingr of the ton a authorized right to is
board, the Groundwater and Na 1 Resources Protection bard na declare admen! !v• ay all T\• tiling •[ • petltlo ettersthatby this
the seekers y y •ectior shall stay ell proceedings with respect to the matters are
position vacant. The bard of Court Coemiss! hall cont•lsed le the polities until there is a !teal declaim of the
promptly fill such vacancy. Members of the Groundwater and Natural Groundwater aid Natural b•soarces Protectios board as
• Resources Protectios board may be suspended or removed for cause. . provided levels.
Appointments to fill wacaseies shall comply with the membership s.07 pearls Date.
r.quiremewts set forth is Subaectioas (a) and (c). Any member say be (a) All appeals and applicatiosa shall he heard withib forty-five (4S) days et
•
•nappolsted upon approval of the board of County Criseloaers as provided the date from which the petition and su
pportiawhe
herein.
Clerk of the Groundwater and Natural Resources Protectloadata arelled board.\ tAn
(a) The membership shall be as fellow': exteeslw of time for the he•ri(1) A profemsiosal eigiseer registered by the State of Florida/ I may be granted by the Nerd for geed
(2) As attorney llcemsed (b)
by the Florida►lurid• bar; hove.
()) A ►ydrogeologiat: notice of ►eating shall he served upon the applicant or permlttee end
(4) A chemist or biologist; war°Forty owner, if diffsremt, by head delivery or by certified mail,
• rotors receipt requested, as less than tea (10) days prior to the
(S) A oitlues p tag expertise end eapgrteac. is mea•glag a business:
hearing. Vlem the *weer or respoanible individuals are sot p t or are
7.02 avoiding service of the settee of hearing, service shall be accosplis►ed
Qrsaaisatioa and Procedure. by pastime copies of the biotic* of hearing is • cesspicuous place os the
(a) The members of the Groundwater and Natural Resources Protection Board premises of the facility that is the 'abject of the appeal.
shall elect a Cbairpereoe and a ♦ics-Chairper•ee. The D or
• er more sealers shall eesatitate • quorum of the board. 4.0) Content' of Petite et leering-(►) (leaflets say he called by the chairman or by written Cotice 'ivied by at (a) Nees and address of the petitio•sr and property owner, if differest;
least three members of the Groundwater and Natural Resources Protection (b) Descriptios of the facility;
board. At'aay heartsg, the Groundwater aed Natural Resources (c) 0rdiaasce sect!** or regulation section alleged to have bees the basis of
Protection board say castle** a ►earisg to another date eaglets or set • the boatel or proposed rovecatios or revision)future hearing date. (d) Time, date and place et the hearing;
(o) liautes shall be kept of all hearings. The sreendwater and 1 (a) A etateoeat that 'Failure to •tread may result is am order heist iesued
Resources Protectios board shall keep accurate records el its pullte Severs* to year interest'[
hearings, which shell he filed, together with its minutes, with the (f) A •tatemeat that all parties shall be gives the opportunity to pc
Department. wit ad evides/re is support of their positiosl aid
(d) The board of County Cemmiseiosers shall provide edegmate and competent (g) A statesest reflecting the requiremeets of Chapter ]Id, Florida
clerical and adalalstrative persoesel as may be required by the regardisg a verbatim record of the ►rocoedlegs.
Groundwater and N 1 Resources Protection board for the proper
performance of its guise. COS Cotsujatioa of Timm. In coopetisg the period of time within which ea'
appeal snot be takes free the permit oeeditlosa, dental of • permit, Geser•l
Ra•eptlea or applicatlea for sea-disclosure or free intent to revele or revise •
Beetles S. A/PEAW FEON INTENT T4 REVOKE OR REVISE AN OPIRATING FRAIllT AND A permit, Geweral R eeptiee ee Benoist Bseeptiae, the day of receipt of notice of
tIAL OR GENERAL EELMPTIOM: APPEALS mat PERMIT CONDITIONS AND DENIAL OF PERMIT OR said denial •r ist•at I. revoke or revise shall mot be imcladed. In eesputibg the
'LICATION FOR GDNERAL_EEDIPTIOI(i APPEALS FKOM DENIAL Or MON-DISCLOSOKE OR DENIM. ported of time is which the ormsedeater sad Natural Rs.eurces Pretectiee Nerd meet
TRADE SICRITS AND AP/LAID FOR SPECIAL EEEMPTION. set a hearing date, the day ea which the Clerk of the board receives the writtes
petitioe and •ccoepaaylbg later.etioe shall sot be included. is ccsputimg the
4.0! jrrittes •ethics for revievI betters ter review Ise time for tiling. nay period with!• which malice shall be provided prior to the hearing, the date of the
sou may appeal to the Groundwater and Natural Resources Protectios board for the hearing shall mot be included. The last day of any period of time hereis provided
leeleg reason:
shall he coasted, unless it is a Saturday. Sunday or n legal holiday, is which wrest
(a) To appeal the Department's permit conditloa., denial of a permit, General the period shall rem until the end of the seat day which is seither a latarday,
Laesptloe sr see-disalwure et a trade secret. /uiday of a legal holiday. Iht.rmedlat. Istrtlays, Ihsd.ys aid lo1.l holidays shell
14 ,J 1$
•
•s•1wN !a the •a+wtatiw shoo asp period of time proserlbN is the Orml
less** thoilseed
tan (10) days;s where said pod is dos ime r..c, •e greater Saturday,e prohi►itioes aid restri•ti•es shall become •ft•.tivs epos approval by the beard of
'day cad 'seal holidays shall be lacludriCounty C••r!•siwers of the Lows of Ia[1',es•. maps for tie desigaatN !store
voll11eld. Prior to flail adios by the beard of Coeaty Coumissiowr. la
1•03 Searing ►roC.Qu[l. desigaatlng • future ',oilfield or approving the Lone. of Influence ups for those
(a) All testlsosy shall be lode', oath end shall be recorded. ',oilfields. all property owners aid di able operatlsp activities vitli■ the
(b) It there is a proper sotieo of hearing as provided is feetlo• S.Oilb), the area affected shall receive written reticle at least thirty (30) days prior to the
. hearing say proceed in the •
proposed public \coring at which the actioa shall beconsidered.
•bosom• of the alleged petitlwer aid property owner, if different.
(•) Irrelovaot, immaterial, or solely repetitious •vlmesee shall be •xe1wN,
but all ether •videac• of • type comsoaly relied epee bybl section 10. Qf7tSJ1111ATI011 Of LOCATION >1ITlIl1 I011Lf.
'rudest porawo in the catrat of their affairs shell ►eadelsofblsy
whether
orpe cot such evidence t f be e affa• is •shall
la the courts 10.01 Is d•tersiaiag the leeaties rod properties •ad facilities witlla tb.
of Florida. of ucht of the shalla say ei received i• la then ours. seeds depleted es the Lose. •f Iatluesee sap•, the following rules shall apply:
N Y a, Amye ■t- be used for the Pe rec of Is writs s fg ..or (a) Properties located wholly within one (1) tome refloated os the applicable
•xplainiag ether •videace, but it shall sot be suffieleat is itself to torts that Ltlueme• map. shall be gmvormed by the resttietlam. applicable
• support • binding melees it ',Dull We adaissible over •►jeetiem 1n civil to Lela.
action'.
lb) To the extent 'cooties 10.01 (c) does sot apply, properties laving Nit.
(4) Docwntary evideico say w received 1n the [on eta copylying tangle sore thew ea• (1) Use as reflected o. the applicable Lases
the orioles), le sot readily available. or excerpt it of lallwae• expo shell be d
roes 1a which theby the ocatriatiww applicable to the
(e) The rules of privilege shall be effective to the ease extent that they are pert of the propertychdel as t.slocated.
sow or hereafter say be recogaisad is civil actions. (a) Where • travel time comtoor which : it the entire
facility• two (1)
(f) tack party shall have the tollowlng rights: lows of Istl'eeci p soreerough a facility, the entire shell be
(),) To be d by eoruel; considered to be 1a the restrictive lose.
(1) To call all 'maims ',!t (4) Where the facility, or potties thereof, is overlapped by Loses of
(3) To 1atrNece exhibits; Iatlueacs of different veils or ',oilfields, the stricter noses shall
(4) To cross easel's opposing wit os asy relevat apply.
• matter, ere• t►mug\ the matter was sot covered seder direct
•
oxeniestlw;
(5) To lspeae► any vitae•. regardless of which party called the vites Simile* 11. APTLICATI01(f TO Niv ACilyITINUAND RZ$TlICTION$ ON IS MANCL OF
to testify; sa QUILDIN4 ?LIMITS AND OCCUPATIONAL LICLMf(1.
(d) To rebut the avllenea. (a) No ►uildl•g permit or occupational license for any ■oar.sidestial activity
(1) Lay
lTo rebut party or pergola whose substantial later•... are •!leafed shall be issued by the Ceesty or say city located witbia Palm beach Comity
may sake application, and epos good bows, may be allowed bythe thatee ro(3)eld allow Tdourlo(4), thator isnc air !■ tooaot One (tri Teo (1),
OrouNrwter and Natural Re.ourees Protectioe board to tat provi ()1, or ewe (hi, ce a Permit the ationaltlice ins
poseii is • previsieae provided !m this Ordies.eo, Permits or ocC',patiwal license.
g proceeding.
!souse is violation' of this Beatles confirm so right or privilege
(k) la as appeal of an latest to revoke or revise a Special Ixenptios or . a• the
Gemara). [xesptios that also re uir., as ONeatisg Permit umder the cocas gre wee lied sue► aidlav prostate's
peralt or lic Oeo v111 sot vest right!.
of this Ordisaace, the appeal of both the latest to revoke or revise the (b) e The re thehereeffe. ive pdaesiofs thisof this diaaac.ca shall apply residlat•ll
applicable exospties and the accosacts etas •xis date iofv *se
to all rev ding peraitlor
N•Tias permit shall be •emeolidwted activities. an onetime activity is eme for which • bnileli
late ono ►•cried• g permit or
occspatle.al 11 had bees issued by the appropriate jrrisdictiom prior
f.Om Decisions h the greulmv Nr •n4 Natural Rassrress lrataeRioi hoard. At •
to the effective date of this Ordtiaace and which had not expired ea or
hearings, the Or.aedrater earl Natural Resoarces Protection beard shall beer aid before the ttortl a date l this Otappaoca, or for which • completed
eider all facto 'material to the appeal or applleatlw for SpecialNildias persit theor apprHtiate livens• epplie•r to had bees !!led cad
I thereafter fa issue a iaciston based os the td..ceios wad thisp Ovdi
With appropriate erisdletios
greater weight of the evidence. Such this de to the effective date of
sign May affirm, er modify the action or proposed action of the All other activities shall be deemed nor',
rteamt. (a) Aay •ppliaaties for • semresideatial er ie•idescial development greater
them treaty-five (13) salts for a building permit or sosresidential
8.07 Sevier. The deviates of the groeseratsr sad Natural !•.Dorcas development subject to review byas advisory placing body and approval by
ectios board, or the board of County Cemmis.tomere War Section 14, as the local governing authority ernosing board of appeal. that did al.•
!cable, shall be filial adaiaistrotive 'melee os behalf of the De property wholly or partially ait►is Lome One (1), Two (1), Three (!), or
ty, hay ',treat who is a partyto the Department ter nd er the ThiYous (re rofe • s shalllb shall lowlWe re�niraments of the Department.
ral Resources Protection beard K bored ofrCeontyngCosstssioseraroasder000 •fectioa (1)1ena tificatioe shall be a follows(
if applicable, say appeal to the Circuit Court of Palo beach County is propfrtytiis by the Otte
1 Sag authority2)• Three of the(3) Of location of and
rdaaee with applicable Florida Appellate Rules, property is Lee Ome I1), Two (1), (]), or Four (m) and
sectiee f. rROTLalim OP Flti4lt t-•tn,n■ aotariaed latter [ram applicant admitting acceptance of
The prall►ltlwa nod taotri•tless set forth !s this ticmiaenao and 1■ notificatlom. Notif1caties shall be prepared by the Departaemt
l.tioms pcomslgatel versant hereto shall apply to any sites officially •
ccsptilng detail, of loses, pro\lbltlou, nod Nasure• required for
seated bythe Rowel of County C•mmissies.rs •. future ',oilfields. Saab • compliance. or
(2) hMittal •1 •p liptiaa to lb. !spottiest 1w Ntittisl1M.
18
(d) Ray applisaties submitted for as eosupetiosdll lioeede for any see wit►io required ocsopt that as Operettas Penit.is required to establish the leak lotootion
lose one (1), Two (2). Three (3), or Pose (d) of am lacorporated or cad monitoring requirements for said ousting pipalles.
e.iseorperatnd area shall require eortitiestiem by the Department that the
see meets tee applicable requirements of this Ordiaasee. 12.05 Laecatios for vehicular sod Levi Mel.te.a.c+ hel and Lubricast Dee.
(e) It shall be the duty et each local warn to eczema all applicatio.s for
ag The use i• • vehicle or lawn mai equipment of say Regulated Su►stance solely
Lome One (1), Two (2), Three (3), or Peer (4) occupatie.al licenses. as fuel la that vehicle or equipment fuel tank or as le►ricaat la that vehicle or
(f) The Department shall provide • list to all local .roaciee of ►ote.ttally equipment shall ►e eae.pt from the provisions of this Ordinance. Po Carnal
prohibited operations 1s lose ono (1). Izoaptia. or Operetts, ►er.it application are required.
(r) Copies of Duildisg Permits' of residential activities larger than twdlty-
fi.e (2S) units, all semreetdeatial projects, cad all eccup•tioaal 12.04 Sa+mptie& for llaslicatioa of Ps.ticid.s. Herbicides. homicides. am!
ltceae.s issued for loos one (1), Two (31. Three (3). or rest (4) shall be Lilac
edgeticid+a. The application of those Regulated Substances used as
submitted to the Department es • weekly basis. Lher cII es, fen irides, and rodesticides la recreatioe, agriculture, ostt000trsl
eel aquatic wood control activities shall he exemptpost o this
Sestina 13. yDfIRAL Qf](IlIOIIl. Ordimecce provided than from the provisloms of this
(a) I• •11 Corn, lb. application 1s La strict eomloralty with the we
• requirement as set forth In the substances !►A registries and am indicated
12.01. AraigaigksaAlgiag_i_gatuALsainlin. ee the oeataisers is which the substances are sold; and
(a) b 0 1 Lue.ption application sad Operating Permit pursuant to the (b) Ia all Loses, the application is is strict conformity with the
prevision, of Onetime 1.02 shall be required for any aosresidestisl roquir.meots as set forth is Chapter 482 and 457, Florida statutes, amid
activity cleiotcg a Osoeral tz..pties under Sorties@ 12.02. 12.03, or Chapters SS-2 and SR-I, Florida Administrative Code.
. 12.07 amid shall be filed with the Department, to sew ideatiel (c) Ia •11 Loses, the applicatios of as of the
facilities shall kw panitted late lose One (1) after the effective date F pesticides, herbicides,
of this Ordiaesce if the sow sea-residential facilitystores, beadles, certified,, rat rodRecords•e llabell be noted la the aaou.ts of the
certified operator. Records shall N kept of the date and amiouat of these
produces or use• nay Regulated Su►staace. substances applied et each location and said records shall be available
(b) Such applicatios shall costars • concise statement by the applicant for issp•etion et re•eo•ahle times by the Depertmi•at.
detailing the circuaate.ces epos which the applicant believes would (d) In Loses Ose (1), Two (2), Three (3), or Pour (4), the
pesticides
••title ►i. or her to am •xemptioe pu t to Sorties 12.01(a) above, tides, fungicides. and rodenticidea shall mot be )andledl dons'
(e) A ore burned dollar (S100.00) fee shall be filed with the application to • application is a quaatity exceeding hundred (700)
defray the costs of processing such applicatios. formulation. galleme of
(d) within thirty (30) working days of receipt of as application for Cenral (e) A11 aesresideatial applicator, of pesticides, herbicides, fungicides, and
lzemptlom, the Department shall !aloe the applicant whether such rede.tieide■ who apply times su►sta.00s is lose ono
application contaioe sufficient iat.rmeties for • proper determination to (3). or room (4) shall ebtai. as (in Two (pl' Three
Me made. If the application is famed to be issufficiest, then the Ocoder 0g permit cowering all •pplisetith
ell lb.ens using those materials ender one permit sad shall comply with
Department shall provide to the apelicest ■ 'unto& statement by certified all the requirements of Section S.02(c-f).
mail er ►ese delivery r.questisg the aeditleaal laferoatios required. The This oaemptioa applies onlyto t►e a licatioe of
•pplicaat shall infon the Departmeat within ton (10) worth' days of the fungicides, and rodeaticides. PP pesticides, herbicides,
date of the written statement of his or her !stoat to either furbish the
. iatormettoe or have the application proceesod as it stands. The • 12.07 gittertlot for Retail/YAol+gal+ Sales Activitlea• Retail/wholesale sales
D.partmest shall have sleety (80) mortis' days from either the repairing estahlisb.e•ts is Lone Ose (1) that store and handle Regulated substance, for resale
of • sufficiency determination or receipt of additloaal information making is their original ueoponed costaiaere shall be exempt from the probilitioe is loess
an application sufficient to make a decision. 0nd (1) provided that those establishments obtain an Operetta' Permit pursuant to
17.02 the provision• of Beetle. S.02. Items 10 S•ctioe 5.02 (g) and (h) are sot required
jbesetioo. for firs. police. eoerseacv medical services and Comae for facilities la Lose Om. (1) or Lome (2), provided me ladivldual costeioer of
rerssaem ■rnsemeat_cellar fac111tiaa. Regulated eu►stance• •Snoods five (5) galloon, if liquid, or treaty-five (IS)
dating !ire, police, •aerssacy medical services and County else pomade, if solid.
eater taeilities are exempt trot seam 1 prohi►itio•s Al set forth to Section S.01
mover, as Operating Permit shall 1e obtained prurient to Section S.01. 12.0i iaesstloa. for Office been. Offices uses, except for tbe use of
■•gulato Substances for the salst•saoc• laud clouds, of office buildings, shall he
13.63 japuliosa for (ftilitiae la toes One Ill. gem►t !rem the provisions of this Ordi no Osmeral bxe• tion oc
:tittles as defined berets shall heeascpt, pt for the mai 4 'omit applieatiemd are required, P Operetta,
•tueli.g of vehicles. from Lome Ose (1) probi►itioaa as set forth is Section 5.01.
never, as Operating Permit shall be obtained pm t to section 5.01. 12.0f
LR+a,aflos for Cosstrectiw Activities. The activities or eo.atrweting,
repairing or maiotaioise soy facility or ioprovemest os leads within loess Ogle Cl),
12.04 ;remotion for Conniving(' Treoplt. The portatioe of any Regulated Two (2), Three (3), or Frier (4) shall be exempt from the
ihstaace through Loses Oae Cl), Teo (2). or Three (3) shall be exempt from the Ordinancelaborers,
materialises'
of thisd
owlai.ss of this Ordiaamieo provided the tramie provided that all cobtractors, subcontractors,product 1•Iegula, .atdrlelmea ant
portise motor vehicle is in their employees whim Isaias,, kindlier', storing or producing. Regulated Substances 1a
mine us traoait. The transport of such substances through sxlstiag pe Lone. One (1), Two (2), Three (3), or Four (4) use those applicable best Maaageeest
.pelises is also exeunt provided that the currently authorized use or ens are sot Practices set forth is Exhibit D, attached hereto and incorporated berets. No
iangod as/ provided that leak detection aid soaiteriag as approved by the Ooeersl Iseeptioa or Operettas Persil epplldatioes Are rewired,
'perused are e.plsyed. NI 0 1 tnseptloa sr Operating Persil appll.atlea is
is
-- "f if
•
•
/Gitlin 13. (?ICIl4 QCfPTIONI. (d) A teehaistl prepoeal !Or Nebo, detecties of Regulated lobelia's',
• that say elide t►e iselaties gyetem eau/ soups to eetside a perimeter
13.01 N affected person is Zone Os• (11, Zone Too (2). 20041 Three (3) or Zoe• to be established by Department. Such proposal Shall imbed*
may polities the Groundwater cad Natural Resources ►rotectioe beard for a eaerreary measures to be initiated is case of escape of Regulated
:ial Qespties fres the prohibitions cad moeitoriag regoireuats set omt la Schottscas.
times 5.01. S.02, S.03, tad S.04. In order to o►talc sock as •xesption such (51 Criteria for success. Site-specific, systole performaaee criteria
sae must d•soastrat• by a preps f cospetest, sobetnatlal evidence that: shall be proposed to sseertat■ the success of the system. Such
(a) Special or mammal circmmstaecss sad adequate technology exists to isolate criteria shall incised but shall mot be limited to:
the facility or activity from the potable water supply. a) Ferforoaace;
(bl In /rastlag the Special axu pties, the Groundwater and Natural a•sourcos ►) Lelia►ility;
Protectioe board may p the soy additional appropriate oesdittoas and 01 Laval if moiate•aacei
safegeards which are necessary to protect the vellfield. 4) Level of /eaaitivity to Regulated SebstaoCesi
•) Effect of rata. flood, power failure or ether 'lateral disaster.
13.02 ►ctivitfu claisiac Special /Remotion Vitt' adeuate teckaologi to (61 ►recastiou fa 'vest of failure. Appllcaat shall provide isformatise
late the facility or activity cram the Potable Teter auanly sad Protect the oe the es-site availability of sobstasce removal t•c►sologies
=alt. sufficleat to remodiate any intreductlos of Regulated Sabstaeces isle
(a) A 'postal asenpti•s application anklets, special 1 ei the water table et the site. Where water is removed from oak-site
sad adequate protection techaelegy shall be tiled with the eepartseat. It yells luring the remedial process • plea shall be proposed for the
shall be signed by the applicant mid rrofessiosal Zagiseer registered or disposal of Ouch water.
►rofeseioaal Geologist licensed is the State of Florida. (7) A of pia• shall be provided le the sweat the syetes does mot
(b) Such application shall caseate a coatis• stateliest by the applicant prove successful is the teatime required by Section 13.02(4)13)
detainee the circuastaacea which the applicant feels would mantle his or above.
her to as •xesptioe pursuant to Sorties 13.01(a) above. (5) Any other reasoaahle isforaatios dewed necessary by Department doe
(c) A two hundred dollar (1200.001 fee shall be filed with the application to to site-specific circumetasc•s.
defray the costs of processes, such application. (s) blth!' thirty (10) 'Portia. days of receipt of as application for Special
(4) The applicatioe for 'portal Isouptioa shall mutate but sot he netted to teemptios, the Department shall i•fora the applicant whether such
the folio/lee •lesests; application coitaias sufficient isforsatioa for • proper deteraia•ttes to
(1) A description of the situation at the'site r•qutrlag isolation free be made. If the application is found to be insufficient, thee the
the vellfleld, tooled's': Department shall provide to the applicant a written stateliest by certified
a) A list of the Regulated Subs la see at the site; mail or head delivery re•uestia/ the additional iaforeatios required. The
b) A site plea •f the faoility lacldisg all . pieta". apelicase shall labors Ike Department vithia tea (10) working days of the
dispeaalag, shipping. etc., facilities: date of the vrittea stataseat of his or her latest to either forelimb the
a) What •p lose at the facility !evolve seselated fah laforsatiee or have the application processed as it studs. At the mad of
which east be isolated from the vellfields: said tea (10) day period the De►artoest shall have Berea (7) day to
4) The location of all operations isvolvieg Regulated Subs !afore the Groundwater and Natural Resources Frotectios board of said
el A ss p11s. aid aalysis of the groudvater es the site of the applicatioe sod shall for all iaforeatios eccoapanyieg the
activity •eetie, • Special Ix•aptlou shall be performed to application to the Orovadvater avid Natural Resources Frotectioe board who
detersiae it limy Regulated Substances are already p t which shall then proceed with the hearing procedures or provided as provided
coeetitst• • throat to the water supply. wader Sorties S.
!) la analysis of the affected well *bowie, whether or sot such
• well is already coetaolaated by say Le elated Substaaces aid 13.03 yrlatl➢s •f Special Lxu➢t1oAe•
the eateat of seek costaslaatioa. (a) Say Special Leemptios /tasted by the Groundwater mad Natural aesesrees
gl 1 hydrog•ologic aseesssest of the site which shall address, as a Protect Los bard shall he subject to the applicable coiditioas of Soctioes
slaloms, soil characteristics and ermine water levels. 5.01, S.02, S.03, and S.04 of the Ordinance aad nay other reaeoubl• sod
directional flow, and quality. seceasary special coaditiooa imposed by the Groundvater ad Natural
(21 A technical proposal to achieve the required isolatioe ibclodisg: pot• leo aoard.
a) C•spou•ats to be used ad their iadtvideal fmcttsas: Am Operetta. Permit shall be loosed by the Department with the applicable
b) System tying the tompoa•ats together: sodittess of beetieas S.01, S.02, 1.03. aid 11.04, ad any ether
c) A discussion and documestatlos. such as pa►lis►ed tee►steal reasonable ad seseesary speelal toeditieas imposed by the Oroedvater ace
articles, sabsteatiatieg the perforsaac• sad reliability of the Ma 1 aeseurcee ►reteetiea board. Such Special axeeptioes shall be
cospoa•sts idivilually ad the eystes as a whole. If the subject to revocattes or revisisa by the Department for violation et nay
systea has sot hoes field tested, a discussion awl laboratory coeditie% of said Special Riemptios by first issaise a writtes notice of
test documentatioe to substantiate the ►reposed perforsaac• awl latent to revoke or revise (certified sail recurs receipt requested or
reliability of the slates; bed delivery). Wpm' revooatiou or revisit's, the activity will
• d) Details of the specific pleas to install the system at the site. immediately he subject to the •sforc•mest provisions et the Oreleasee.
131 Test1N procedures. If the proposed system emu sot have a proves (b) Special aaemptiese for some cos (1) are for •xietlaf 'loereeldeatlal
history of successful is-field operation, it say still be proposed activities only. Do sew momrssidesttal activity shall be permitted late
using prova cooposests. 1 test plan for the system as installed lose 1 after the effective date of this Ordinance if the nee
shall be provided to prove that the prepese/ syetee verbs le the aoareaideatial activity stores. ►sadlee, ►rodoces or sees say tegalated
field. lubstasde.
Se 11
•
•
■settee 14. ►►1TITI011 f01 COtt?UTATIO. .
(a) Parties affected by the reap/reseals et thug Ordinance .ay ►suit'°s the for eomplyleg with this Oc/iaaaee ae/.
hoard of Comely Commisslomers for • detereiaatioe as to the effect of said
(11 nether the requiramamts of this Ordiaane• were the .93e resale, for
Ordi.saee os those activities aced the issue of cos the ebup• is or which cosy
pess•tio..
(b) such petitios shall be filed with the Departmeet. (gl Cl ! impact for eompe.satiom may N granted.
(c) Such petition shall cogitate, as applicable, the following: Ill ►st a1 14easoeebl. Relosatlom of as a
(1) A copy of the cl permit required by Section S.01 of this •) The °tier or operator affected activity may be paid the
Ordinance or the required operations permit 'bowleg the change is actual reasonable coot of • reloeatiom with!' Pals beach
m
operetta'. Coesty. Such amount to include the coot oti
(2) As analysis of the seed to move, or c►ase. operations 1) diomaetliag eper•ties)
•
iwcludiap a summary of alternatives i tested and estimated costs 2) actual nowise:
if those • Ives. 3) ambits, equipment;
(3) A list of all previously-issued settees et vleletio. by the
d) iat.raalo.e of e�uipmeuti
Depert.•at. Department of i.vlro.Nsta1 ■ S) inters.' oe•a•oties of utilities to egcipse.t;
Malatton or t►• d) miser medificatioe of site to accommodate operative,
pvirowmo.t•1 /rot•atle. Apescy regarding use of Regulated specifically •*cledisp structural c►eap.■ to the ►uildieg
substances isclediap a desoriptios of may corrective aetios tales or or paving and drain,* requir•seats at the site;
poodle,. 7) the edditiwal oasts which weld have to be i.eurred to
(4) Detailed speciticatio, of the amount for which cospeasatios is beteg
roq 4. move the activity dee
(S) The DeNrtmost shell review all petlttoms !or eomN.s•tlw aa1 make to chastise eireumetaaaes or applicable laws, ordlsesees, er
regulations)
recosseadatio.s to the hoard of Couaty Consissioa•rs regarding the I) asp losses caused by the Sty of ter.ieatiag a lease,
reasosabl f may boosts requested by the petitioner, whether
such eempeesatiw mat to exceed three (3) months' rut.
the requested cos p.asatioe coexists of automats greater them the cost Landlord and tesaot are required to sate a Rosa fide effort
of any reasonable facility/operatios sodificetlo.s aid whether the to mitigate this loss. This compeasatioe shall be paid to
facility may poteatially qualify for es omelettes wader section
either the landlord tthet to be decided
17.01, based napee such reeonsendatloms, the hoard of County ' asreesent Ntrewseathe lanai dlord aid tamest. by
Cossiseio.•rs say deny such petition. • b) The costs is 01-7) above shall he supported by two (2) itemised
(d) As seem as practicable after subsisslo. of 'a petition for cospeasatto., and sealed bids and • detailed listing of the items. The •motet
bat .o later this sleety (90) days, by as *weer or operator of as to be paid shall sot exceed the lower of the two (1) bids. Is
• activity, the bard of County Canniest shall hold a hearla' to order to verify such isformattos, the Department shall have the
determine the eligibility of the activity for eompews.tlmo P• t to right to ester the activity'. premises at reasonable taws,
this section. ►etitio.er shall be gives written satire by certified mail Such bids cad detailed 1lstleg of the cost shall N verified by
er head delivery of such hearts' at least thirty (30) days prior to the the Departmast, •
hearts,. Formal Rules of ividesce shall not apply to such hearts,. but (1) salt ;;eves, I. the case et • self-move the .v.er •t a relocated
fundamental due process shall be o► d and shall r the •
preceedisgs. Petitioaer aid the County shall have the right to: activity say be paid the lower of two (1) sealed sad itemised
(1) Call sad exantse wit ) bids fro. ''reuse moving companiesbased on a detailed 'Saute
(2) Introduce exhibits) of the oast.
(3) Cross-examine wi os any ref tterr (1) �Ital leasaoable 1le/llltt(121 of Qeer•tie�jx■ease!.
(a) Robot the evid•.ee; an The or operator of ea affected activity may he paid the actual
(!) ie ropr•se.ted by Causes'. le expose* to modify the operettas of the activity is order
(e) Criteria for decorateatiem et eligibility for toe or moving et
to complydi with this O.echiaee. Ouch amount to ieelede cost vti
operatioes. Is d•termiaiap whether petitiener is eligible for a) .oditicatiom et man►imo[y/
cospesaatios, the board of County Cos.issiosers shall °smolder: b) dlswtl3ng mad movlq mous•blo wehisery;
(1) tiheth his, cost effective 41 live to ties or
swing of operations exists for complying with this Ordi.uce, • c) wssalvngabl• inventory per Besting 141g1(7) below;
iscludiag recoefigeriag of the rellfield. Applicant, with the d) moving egwipmost out et • lose O.e (1) o. the activity's
eoo►eratios of the Department end the affected public utility, shall
property per bosses
Machin u bible above. •
address the tease of r•eostigeracioa; (3) Actual Direct Losses of feasible Personal Property. Actual direct
(2) Whether the requirements of this Ordi were the s•1• for losses of tangible porsoval property are allowed wheal parses
cassettes of the operation; clone or relocates as activity. Payment may only be sad. alter •
(3) Past e.vlro records diligent effort is made by the otter to sell the iten(s) involved.
a) It the activity is to be re-esta►lib►ed and as it.. of property
(4) itforts to mitigate financial impact of this Ordiaasce a these to he used therewith !s .et moved but promptly replaced with a ed
pesdia, regulations. . mocomp•r•bl• Stem at the sew site, re mo lsberseet shall be either;
(f) Criteria for d•ter. eatlom of eligibility for cvmpeuatio. ter champs la 1) ■epl•ceat 'oat, tallies ieg late account lepreciatiom, less
operations. Ia deciding whether petitioner is eligible for cospessatiem
the proceeds e! who sale, d t value based es asay be
for • ohmage is operations, the bard of County Commiasios•rs shall stasdsrds is the related haziness en. apply may N
ream;Per; substituted for met proceeds et a sale whore applica►le, or
(1) Whether the proposed cheap. is a reasonable, vest effective toothed • Il istlmated cost of mowing tN.item to the replaeewnt site
viable the geographic !shearing of Palm beach Comet?.
3) i
• 4 22
•
b) II • process at the activity is hoist di.eentiausd er AD Demob Comity shell r.toio fifteen percept (IN) of the sales
•
sai.ttsg its. is sot to be replaced is a re-established autheri.ed ea es.pss.•tien for edemas input of this OrdiNNe
business, payees; will be either: wail such time as the affected activity has carried 'set tb.
1) The ditferesee !snow fair market value e■ e.ide•ced by procedures outlined is its petition for compeasaties and provides
twe (2) vrittes appraisals of the item for coatieu.d use at •.ideate of such expeaditsrss.
its prior locatie. less its set proceeds at the sale, or (7) upoe receipt of paynest of co.possatiog as provided is t►i.
2) The estimated cost of movie. the itss to the r•plac•saat Ordimasco, the recipient shall execute a release is favor of Pals
site within the geographic boeslarie. of Palm leach Beach Coesty from stay further ohligatios to the recipisat with
County. regard to the ece..aie ispact of this Ordiaasce os the recipient or
e) If • sale is not affected be se offer is received mad the activity.
its. is alaadoeed, veriest for the lees may be its fair market . •
value for costimned we at its militia, boosting plus the cents
of the attempted sale, less the sguip.est's salvage value. &penes 1S. /MifII.
Ill j■ Lies of Actual loving diseases. I. lieu of the piquant, described • Ia the wrest, there is a clung, of owns hip, • mew lease. or as a.sig.s.st of
•is Limnos 14(0)(1-3) as weer of • discostimeed activity may he a lease, • sublease or say other chases is regard to the parses conducting the
eligible to receive a payees% equal to seventy-five percent (7S%) of operatios regulated. the Department shall be *stifled upon payseat of the
the estimated reaseaa►le coot et nevi.g the activity within Palm appropriate toe sad ee.pleties of processing of as epplicatioa by the Department,
leach Gaiety, except that gush payssst shall mot be more tins the the w.11field ►rot•atle* operating Permit shall he transferred.
lower of two (3) sealed and itemised bids, provided the tolloviag •
re(uire.•ats are net:
a) for the wiser of as affected activity to be eatitlsd to this Sorties 16. IIADI SWIM.
payost. the Comity or its desigaoe must deteruiee that the The Departneat shall sot disclose any trade secrets of the opplicast or
busies.. eaaeot he relocated without • substantial lose of its per•ittee that are exempted fres such disci by federal or a law; provided,
existing 'stresses. Seek deteraisatios shall be made by the ► the burden shell be on the applicast or per.ittee to desoestrat•
County or its desigsoe only after cassideratioe of all entitlement to such moodier' . Decisions by the D•Dartmeat as to sock
• pertiseat circumstances, iacludiag but sot limited to the eatttlsn•at shall he subject to c►allsag. by the applicant or peraittee by filing a
tollowiag f : petition with the Greu l vfter and Natural Resources protection Board pm to
1) The type of beelines coelucted by the displaced activity. Sorties S.
2) The ■ ere of the cliestele of the displaced activity.
3) The relative iaporta.ee of the p locetioa t• the
displaced activity. Settles 17. yXOLITIONI. DTOICDIUT. ?O(ALTIjj.
4) The additional costs which would have to be i d to Failure to coeply with the re.eire.ests of this Ordi.aaee or any permit,
• move the activity dee to changed circumstances or exesptioa, or approval granted or astherised h.remsd.r shall coestitute a •ielatles
applicable laws, ordi , or regelatioss. • of this Ordinance. Violatiese of the provisioss of this Ordiaance shall epee
b)• Owner or Operator Nest Provide Isforasties. tor the owner or eonvletias, be puais\ed by a floe sot to exceed five hundred dollars (S300.00) or by
operator of as affected activity to be entitled to his or her imprisoaseet is the County jail mot to exceed sixty (60) days or by both fine and
pays.st, iifor.aties most be provided to support the estimated iapri.oa.eat p to the provisions of section 12S.6,, Florida St . I■
movfag costs. Such proof shall eoscist of two (2) sealed bids addition to the sanctions comtaioed herein, the County may take any other
' from li d moving companies based es a detailed taveitory of appropriate legal action. isoludiag but not flatted to, administrative action aid
the its.. which would be moved. requests for temporary sad permanent injuactioss, to enforce the provisions of this
(S) I;Sclusions on Now. Expenses and Losses. The following expellees are Ordinance. It is the purpose of this Ordinance to provide additional cumulative
coasidered iieligtble for ►syseat as 'actual' moving expenses: remedies.
a) Additlasal cap incurred be f movie(' to aid living is
a now location isoludiag search cost for fishing a sew
dwelling. setting 11u 1S. rOSC2�T PIOCELDINGI sum TIC GIOUNDUTAA Al!) IATVHL
h) Cost of moving structures, inprevemoate or other real property PLIQUICES ►IOTLCTIOU DOAlp.
is which the displaced activity N *wearable.
s) Iigeificast changes is building structure but net including 15.01 jwriedictio. aid Authority
steer electrical, pl.able, or carpestry work. (a) The Groundwater and Natural .• oerees Protection board appointed pursuant
4) Cost of inproves•at to activity made after such activity was os to Sectias 7 of this Ordi hall have the juriadictioa and authority
matte* that it is affected by this Ordisancs and would have to to hear ash decide alleged violatiass of this Ordinance pm t to
cease or alter as operettas is rose O.e. tactics 163.03. Florida Statute., if there has been a failure to eerr et a
e) Interest as loans to cover moving expenses. violation or if the sane violation has Does repeated.
f) Loss of goodwill. (b) The Sward shall have the following powers:
g) Loss of ►uaimess or profits or both, (1) To adopt rules for the comfort of its hearings:
\) Loss of trained employee', (2) To subpoena witnesses to its bearings. Subpoenas may he served by
i) Cost of preparing the p.titios for compemsaties. the Sheriff of the County or police D.parteeat of the Nuaicipality.
(d) re1S leach Covety shall disperse eighty-five percent (850) of the I (I) To subpo•a• evidence;
despeaeatiea to be paid as detorsised by the beard of Comity I (4) To is.ee orders retairies any settee which wild .elisisete the
Ce..iesi is advisee of Say neve or Osage of eperatisa. Pala i vislattes)
24 .1 • IS
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(S) To Issue orders imposing a fine set .sco.ding d two bared fifty Section 19. APPEAL Of All IN COMIC,.
($2S0.00) for each day of violation. ,. All local laws asd ordinances applying to the usisesrporsted smd iacorp.eatod
area. of Pals beach Coosty la conflict with soy provisions of this Ordisasco are
18.02. Iaforceseat Precedare: Nearj hereby corbeled.
(a) As allele& violatis. of this Ordisaaco say ho filed with the Departn.st by
members of the public or by thee. adsisistrative official. who are •
re.peseiblo for eaf.rsimg the prevl.ieoe of the Ordisaae.. If • forties 20. uanunaln.
•i.lation(s) is toad, tit* Department shall issue • Motive et viol•tios If any *.*tiro, paragraph, .*mime., claam.. phraso, or word of this Ordisabo.
e peeifytag • r.as.sabl• time to ~root the vtelatiem(.). Should the is for any reason held by this Court to be vaceastitvtioaal, iaep.rative or veld,
vi.latioal.) *outlaw \eyed the Ili. specified for cerr.aciao. or should such ►oldtag shall sot offset lb. rewind.[ of this Ord1
• violation be repeatd, the Departs.st shall wive notice to the allowed
. violator that the Oreeadwator all Materal Resource. Prot.ctios board will •
cosdvet a hearing eescer.i.g the alleged violatios(s) for which a Notice fectios 21. INCLUSION IN TIE CODE OF LASS lID DEDIJAECEE.
of Violation vas issued. The optic. shall state the tits. sad plate of The provisions of this Ordisaso. shall Meese aM be sad* • part of the reds of
the hearts, amid the 4'1144d vislation(s). laws all oral f Pala Nadi Gusty, Florida. The Sections of Cho Ordisasee
(h) At the Muria., the Departmest shall have the hordes of proof by a soy be resamb.rd or r.lett.rd to so*smplis► sus►, sod the weird "ordi.a.ee' may be
pr.po.d.rases of the svidsae that the violation(.) was e*t corrected or c►aa.ed to '.sett•.', 'artiel.,' or say ether appropriate word.
the violation(s) was/were repeated. If proper •.ties has boom sade to
the alleged violator, as provided is paragraph (c) below, the bearing say
procod is the aloes.* of the alleged violator. APPROVED AND ADOPTED by the board of County Cossission*ra ,
(o) Proper boil.* say he presumed if • Notice of Violation has bees band
delivered or has boon mailed to the alleged violator by certified sail and I of Pals Mooch County. Florida. on this 2)rd day of iabruary,
the alleged violater, an 'west, or other parses is the household or
lusts... has accepted t\a Notice of violation. 19 ei ,
(d) All t.stisosy shall be seder oath ad shall he recorded. Formal rules of
.videose shall wet apply but fosdassstal due process shall be ob 4 and
gavots all proceedings. epos determination of the Choi
PALM BRACE COVNTY, FLORIDA. 0Y I!f
irrsl t, immaterial or .•duly repetitious ovidsac• may be excluded. hut bOAED OF COUNTY COMNISSIONIRS
all other seldom.. of a type commonly relied epos by reasonable prdest (A)
• persons is the conduct of thole affair, shall he admissible, whether or by�dtt Li. /./z/efiCr
sot such svideaco would ha admissible 1. a trial in the courts of Florida. vice-Chairman
(e) Amy .ember of the Groosdwat.r sad Natural R.soorc.s Protection board, or
the attorney rep tiag t►o board, a.y iaqvire of or question say APPROVED AS TO FORM AND
vitas.. before the board. As alleged violator. the ettor•.ys, aid/or LEGAL IUFFICI[NCY
code la.pectors shall be permitted to isquire of any wits... before the
board. The board may consider testiaoay pras..ted by code is.pectors, the I
allowed violator or any other wits...... ss_
(f) At the comolusioa of the hearisr, the 1sf t board shell orally Co m y Attorney
reader its decision (order) based es evidence is the record. The decisio•
shall bet by motion approved by lb. affirmative vote of a majority of those Acknowledgement by the Department of State of the State of
members present all voting. The prosaic, of three (3) or more &ashore , Florida, on this. lb* ]red day of March , 19�g.
shall ceastitote a goons ad throe n.sbsns of the board must vote for the
aeries to he official. The board's deciaioi shall thou he load to •, EFFECTIVE DATE. Acknowledgement from the Department of
lb. r.spodsat is the form of • 'Titts. order, Including fiadiag of facts • State received on the 7th day of March , 19 Q.L. at
aid oonclusiess of law oo•sisteat with the record. The order shall h. I•' lob p.m. , and filed in the Office of the Clark of the board of
itted by certifid sail or head delivery to the r.spoadeat wit►ia County Commissioners of Palm beach County, Florida.
tea (10) days after the h.ariag. I
16.03. The Director of the Departasat or his designee may record a certified
rpy of say order imposing • !is* is the public records in the office of the Clerk
the Circuit Court i■ *tadfor Palo beach County. Florida. Oeco recorded, t►e STATEOiFLORID (;OUNTYO,P.AL4f�flWF.,
,rtifid copy of as *rdor shall coastitate a lien against the load cm which tbo I, JOIHN D. DUNKLE, eaaticloMedi of (M,••:•
olaties(s) exists, or if the violator does sot owls the lead, apes any other real • Board of County Commissioners wily tles to
persosal property owned by the violator; and it may be enforced is the sae* bestrueandtotrect�Opy olthlbpna rllfi)=din
Amor as a court judgment, including levy against the p. 1 property. Onee my office on .2
.corded, the lies shall he superior to may mortgage, DATED sl West Palm Beach,Ft on'3/aJP
ems, or other isstrvts.ste recorded sahepuemt to the filing of the board lima. l
JO NcN1i L CWm�se.. w 2 0...
•
•
26
r .. ' a 1,../ e. .
/notion 22 . JIIICTIYI DAT=
•The provisions of this Ordinance shall become effective
upon receipt of acknowledgement by the Secretary of State.
APPROVED AMD ADOPTED by the board of County
Comaissi f Pala beech County. Florida, on the
ii.e day of 1.... , lP as
PALM 'EACH COUNTY, FLORIDA by ITS
DO Ol COUNTY COMMISSIONERS
'I '/ 23 APPROVED AND ADOPTIO by the board of County Commies/
.4A.A 24 of Pala beach County, Florida, on the 20th day of oeceiar ,
vice Chairman
APPROVED AS TO FORM AND •
,• ' J t4TEor• • R�ApcOUNTYOI►AIMstACM
LEGAL SUPIZCI[NC7 JOHN B. DUNKLE.CLrR, . :...c'•.. OHN :� DUtJKIT~eaomcto Cline ofN>♦
Board d CountY • .n d a`:int.,.Ccs n icjInnar;c:rti�/tt is t0 PALM brJ CII COUNTY, FLORIDA. by ITS
we tonic Mt:wo�ra tfNefiln BOAR OF COUNTYISS RS
a
y(�►?+ ~
0 TED 'int P� n
County Attorney ,� B'uCti,FL On by
JOHN B ill( r Chair
. OR 11 �-= 0.0 I Acknorlsdg by the Department of State of,the ! to 33�,_ PPROVED S TO FORM AND 8,DUNKLE•
.CIEW
of Florida on this, the 24th day of June '� JOHN
•
IY- 3�0`"7 LEGAL' lVI1ICI[IIC7 Is
IFFECTIVE DATE: Acknowlodpe from the Department of 36 (1�. '
State received on the 30th day of June , i9 88 37 ""`p� .. DiMYPIMI
at 3:0) P .M., and filed in the office of the Clark 34 County Attorosy of the board of County Commissioners of Palm beach County, 3f
Florida.
40 Ackaorledaemeat by the D.partaeat of State'ef the State of
a1 Florida. ea this, the .', day of January . 1,J_.
43
43 EFFECTIVE DATE, Acknowledgement from the Department of
as State roceived on the filth day of January . 1f 8j, at
aS LIQ_A M., and filed in the Office of the Clerk of the board of
46 County Coeataeloners of Pals beach County, Florida.
•
MUTT '1'•
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UIIIT 'b'
Cowrie fabstuce. List
Op.ratiny lied Cl Units*
Acid lied basic closets, solutions
•
Am tit and coolest•
•
Arsenic and ic compounds • Zone l I�aa l loss
bleaches, Peroxides
Brake and lassos fluids Cash load $20,000 S10,000 55,000
brim. solution
Casting i Foundry cheaicals •
Permit load with
Caulking Gouts lied s.aluts Corporate Surety 120,000
$10,000 j3,000
Cleaning solvents letter of Credit SS.000
Corrosion and rust p los .olatlom. 5�.� j10,000
Cutting fluids •
D.gr.asi.p soh
•
Diets!e.taet. • Aaoumts reflected im this tabss are ter sodOperating sad
11 latiap mastlessCl.asr. Permit 1 N may be .1 ested bythe Pale leach
txplo.ives County Sisk ruag.o.et b.partmamt spun t er risk/loss
•
Fertilizers a.aly.i..
. lire extinguishing c►aaicals.
Food proc...iap wastes
Forsaldshyd.
Fuels and additive.
Glues, adhesives and Meshes •
G •
■ydraulic field
Indicators
Industrial and commercial jaaitorlal supplies
Industrial .ludo.s sad stillbottoms
•
Inks, printing sad photocopying chemicals.
Laboratory chemicals
Liquid storage ►att.rlea
radical, pharnac.utical, dental, •st.riaary and hospital
solutions.
rercury.aad ■ercary coepwnls.
Metals tliishiag solstice.
. Oils
►aint., pricers, Witmer', dye., stains, rood
p iv.., varsishia, sad climate, compounds. •
•
Palatial, solvent.
• PCI's
•
Pesticides sad b.rbicld.s I•
Plastic ruins, plasticisers sad catalysts
•
Photo developm.et chaoirsls.
• ►oi.oa.
• Polishes
Pool chemicals '
•
Processed dust aid particulates
• Radioactive sources
• lesge.ta awl staedards
l.tri,
• Roofing chemicals aid smilers
• Staitizar., disinfectants, bactericides mad algs.eid•s I
• Soaps, d.tarpests as/ esrfactaats
• Solders tad fluxes
• Strippi.p cesposada
Tsniiny industry nominal'
•
. Trsn•fst.•r sad •spa•Iler •11l/Shahid
. • Water sad enema •►•ol•sls
•
•
•
nu lI, 'C' faIiIT ti'
See Schedule 'best Ilu maa,sst Practices" fey theCwtsustlsm Ielotry
1. _SLING ►LL -- All applicants for • Sentient Protection A. The 1 Contractor, or if seem, the property owner,
Operating or Cl Permit shall pay a som-retaada►1m shall be respos•ible for asserim, that mash cos ttaetor or
•
tills' tee of Treatlr-tire Dollars (f2S.00). The filing toe arleeetractor evaluates each site before aeaststtctlos is
•hall be applied •palest other fees p net for the
I •
isitiatd to deteraiss if any site eaNltienm may pee
lssraae of • permit. The tills' fee shall be paid prior
particular probleus for the ►aadlla, of may Regulated
to acceptance of the permit application for review. I substances. For teati bodies► or vo emulatedmay
fabe becam is
the proximity of water or estimate say be improper.
2. yi.L►IiLD ►ROTLCTIOM opulATIN ►LIMIT ►LL -- The ism for • 1. I[ soy regulated sa►atases@ are stored se the cosatrectios
w•lltield Protactioa Operating Permit ustimeline).der this rulation site durimg the cosatruetiee process, they shall be stored
shall be Siva Dollars (35.00) per mach one tMus•M (1.000) •
in a location sad maser which will minimize any possible
teat or traction thereof of the occupied spasm is I risk of release to the eavirosaent. hay container
which the activity is takieg place with • maximum tee of of SSgallons, or 440
Ti.. lustre/1 Dollars (f500.00) and a minimum fee of pounds, or more eontaia!•,impervious
Treaty-flue Dollars (32S.00). The Yallfisld Protection Substances shall have coartructeo below it am impervious
Operating Permit tee shall be used to defray the cost of costaiu•st system constrweted of materials of sufficient
alainl•terlsf this ONlusee. thickness, density sod composition that will praveat the
discharge to the lead, grorndwaters, or surface waters, of
3• gLOSVRR ►[KNIT IL► — The tee for • Cl Permit under • any pollata•t which may from said storage testaimar •
this regulation shall be one-half (1/2) of the tem for the or eostaiaers. Each ewtalnseat system •►all be able to
raid ►rotectba Oper•tin' Permit. costal• 150% of the contests of all storage containers
above the comtatmment system. .
d. primp' TRAMSTII — The Sea for truster of a lell!lmld • C. lack coetractor shall familiarize him/herself with the
Protection Operating Persil shall be Treaty-five Dollars
(S2S.00) to defray the cost of process's, the truster. ■aef•etarer's •
sataty tat• s►smt supplied wit► sae► •
material costaisiy • Regulated /ebet•ace sad shall be
S. j►LCIAL L7(L11►TIOM fL(( -- lay Hc•os seeking • special familiar with procedarus revolved to costaim aid class up
esemptioa shall pay a fee of Two Sabered Dollars (S200.00) I any eel of the Regulated ease shall Any tools or
to defray the cost of process's, the tr••a[•r. • in ci..no necessary to accomplish same be available
la case of • release.
f. AMMVAL )(OPAL LICLM36 YL[ — '.'task' October 2. 1110, u D. Opoa compl•tios of coca a sassed and
! , all osed d waste
1 1 'issue fee shall be collected to defray Regulated Submit lad eeatai•mest 'yetw shall be
costs of the admtmtst•rimg of this Ordi The fee
shall be emu-half (1/2) of the Operating Permit fee, bet so removed r sa the emmatruetlw site by U. rsepwsiba.
less than Trusty-five Dollars (f2S.00) per year. 111 eomtractod shall be disposed of Ss • proper maser
permits lamed prior to feptesber 30, 1110 are subject to • P ibed by Lw.
the weal tee by October 1, 1190.
T. cpinnAL LILIRTIO0 fjj -- Ray person seeking • •omeral
•zenptios shall pay • time of ome Resdrd Dollars (1100.001
to defray the cost of processing the exemption request.
idNIBIT '[" • rthibit) 'F'
Priority Pollutant. Referred to is Section 5.02(q) _/ SUGGESTED PIPS, FITTINGS, COATINGS, and LEAKAGE TESTING:
91 This Ordinance Raf.renciae 17 ]2 P.A,C, A. Ductile Iron Pipe and Fittings for Sewer force
Main Application:
Trichloroethyl•n. Ac•naphth•ne Aldria 1. Ductile iron pipe shall conform to the require-
T.tr■chloroethylen. Aeen•phthyl.se a-BYC ments of ANSI/AMWA C1S1/A21.S1-S6 unless otherwise noted on the
Carbon tetrachloride Anthraces• b-BLc plans. The pipe shall be Class SO thickness for pipe 6 in. or
Vinyl Chloride ■•nto(aleethrac.s• q-BMC. larger in size and Class S1 for pipe smaller than f in. Glands
1,1,1-Trichloro.than• ■onto(►)fluoreath•n• ' d-BYC for mechanical joints shall be of ductile iron or cast iron.
1,2-Dlc►loroeth.n. Beazo(k)flmorant►ea• Chiordase •
B (a)pyrea. 4,4'-DDD 2. Fittings shall conform to the requirements of
Ethylene Dibrosid• Ienso(q,b,i)perylene 4,4'-DDE ANSI/AMMA C110/A21.10-57. Fittings 12-in, and smaller shall
Acrolals 4,4'-DDT have a 250 psi minimum workin
Acryloaitrile Benaidine Dieldrin g pressure.
Iroeodichloroaethene Bis(2-chloroethyllether Lsdosulfa■ I 3. Flanged ductile iron pipe shall be Class 53.
Iromofor■ - eie(2-chloroethozy)setban• Endosultaa II Flanged ductile iron pipe and fittings shall have threaded
acomoeet►ens Bie(2-•thylhezyl)phthalate L•doseIfs. Sulfate flanges, unless' otherwise noted on the drawings, and shall
Chlorobent.ne Bis(2-chloroisopropyl)•th•r Ltbioa conform to ANSI/AMMA C115/A21.1S-13, All flanges ■hall be
Chloro.than• •
1-Broaoph••yl phenyl ether Class 1560, ANSI 516.5. All above
grades 2-Cbloro.t►ylvisyl Ether Butyl bensyl phthalate Trithioa faced unless they Sr. mating up to existing,flanges shallw be flat `
Chloroform - 2-Chlorosaphthalen• o,p-DDT, DDL and DDD •.J is shallor lhbewfue
C\lorom.t►.ae d-Chloroph•nyl phenyl ether 'idiom •
i/Ispe"lredd, raised face flanges. All gaskets be full [seed
Dtbro•ochloroaethase Chrys.n• Endri• Aldehyde 1/B' red rubber.
Dichlorodifluoroeetha.• Dibentola,h)anthrac•ne Heptachlor
1,1-Dichloroetham• D1 n-►utylphth.late Y.ptechlor Epoxide 4. Joints shall conform to the requirements of
ANSI/AMMA C111/A]1.11-.5.
Tozapheo•
1,1-Dic►loroethes• ' 1,3-Dlchlorobentene
trap.-I.3-Dichloropropen• l,a-Dichlorobentene PCB-1016
1,]-Dlckioroeth.se 1,]-Dickloroh.nt.n• PCB-1121 B. Polyvinyl Chloride Pips (PVC) and Fleabag' for Water
1,1-Dichloropropeme PCB-1211 Distribution or Sewer Force Wain Applications:
cia-1,)-Dichloropropen• ),)-Dichlorob••ttdise PCB-1242 .
Ethyl b•azen• Diethylphthelat• PCB-1241 1. Ca•ket•d Joint Pipe:
Methylene Chloride Diaethylphthalat. PCB-1254 •
1,1,1-Tricloro.thsn• 2,4-Dinitrotoluen• ►C3-1260 a. Pipe 4 in. or larger in diameter shall
Trichlurofluorothene a 2,6-Dinitrotoluen• Alditarb (soa-extractable) conform to the requirement• as set fbrth in AWWA C900-21 with '
'richly dimension ration DR 1S. Provisions must be made for contraction
Dioctylphthal.t. Diatt•os and expansion at each
joint
with • rubbere ring and an integralo
Xyleee 1,1-Diphysylhydrezine Nalsthioa
bell as part of each joint, or by • rubber ring sealed coupling.
Fluor•at►ene P.rathioa Clean, reworked material generated from the manufacturer's own
Styreee Fluorin• Gutblon pipe production may be used. Fittings shall be cast or ductile
Dichlorob Desschloro►eaten• Eelthane (Dicofal) iron. Pipe shall have cast iron pipe equivalent outside
1,1-Dibro.o-3-Chloroprop.ne Lerschloro►utedi.n• dimensions.
1,1,3.2-Tetrac►loroet►ase Y hloroethan.
a-Mltropheaol ■exec\lorocyc1ep.stadleae `J b. Pipe smaller than 4 in. in diameter shall
P.ntachloroph.aol Indeso(1,10-cd)pyren• conform to Commercial Standard CS 956 and ASITW D-22141.
?limo' Isophorose
2,4,6-Trichlorop►.ail Mephthaleae Provisions shall be made for contraction and
2-Chl 1 Nitrob expansion at each
2,d-Dlchl•r•pheael M-Mttro•odimet►ylasia• joint with y rubber ring, and en integral bell as part of each
2,a-Dimethylphemal M-Mltrosodi-e-propylamlae joint, or by • rubber ring sealed virgi NSFcoupling.p Pip• shell be ed•
•
2,d-Dinitre ►enol from MDR 21, 200 psi clean, virgin NSF approved type I, Grade 1
P M-Mitrosodlphenylaalma • PVC conforming to A•TM D-179e. Clean reworked material
2-Methyl-a,a-Plattrop\snot Phenenthreae from the manufacturar'■ own i • g t�
Py pipe production may be used. Pittlmg•
for pipe •mallet then 4 in. in diameter shall be PVC.
],1,7,.-Tetrschlorodibsate-p-
ataxia (Dioxin) C. Coatings: The lining
l,l,d-Trae(Dioxienre•e shall be virgin material for pipe and fittings
polyethylene complying with ANSI/ASTM D1246.
compounded with an inert filler and with sufficient carbon black
to resist ultraviolet rays during aboveground storage of the pipe
INOAGAMIC PRIORITY POLLUTANTS and fittings. The polyethylene shall be bonded to the interior
of the pipe or fitting by heat.
putt.to Tn TM 1rrTIf.) A2IcI nP TITS nanrwaarj
. D. Leakage Tests: The test shall be of twenty-four (24)
(Nicety 4!!>1 hour duration. During the test, the pipe being tested shall be
Wain Alaenlc maintained at a p f not less than 150 psi. Leakage is
chroaiya Se1eniu■ ) defined as the quantity of water added to the pipe being tested
Wail Cyanide during the test period. No pipe installation will be accepted if
the leakage exceeds the quantities •peoified in AWWA C-600,
Section 4.2. . Mo more than S00 fest of line Shall be tested at
one time.