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Home My WebLink AboutDocumentation_Regular_Tab 8D_4/26/1990 MIL A a ,c _ VILLAGE OF TEQUESTA .•• Post Office Box 3273 • 357 Tequesta Drive • 11" Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 M EMO RAND UM TO: Village Council �FROM: Thomas G. Bradford, Village Manager l` DATE: April 19, 1990 SUBJECT: Agenda Item VIII, A, B, C, D; Ordinances Constituting Land Development Regulations Per the Comprehensive Planning Process As you know, the adopted Comprehensive Plan of the Village provides for many goals, objectives and policies within each Element of the Comprehensive Development Plan. Creation of Land Development Regulations is the next step in the Comprehensive Planning Process and is a vehicle for implementing various policy statements of the Comprehensive Plan. As an example, the Coastal Zone Management Element of the Plan has a policy 2 . 1 . 2 which states that "within one year of submitting this Plan, change appropriate development codes, as necessary, to assure adequate controls over hazardous wastes. " Therefore, for this and other reasons, we have created for your consideration Ordinance No. 400 which creates the Village Toxic and Hazardous Substances and Materials Ordinance. The Land Development Regulation process will entail presentation to you of approximately twelve ( 12 ) Ordinances over the course of the next three ( 3 ) or four ( 4 ) Village Council Meetings. The State of Florida has allocated $12, 307 to the Village to prepare these Land Development Regulations. The Village Council previously approved this funding program on October 26, 1989. The Ordinances before you are fairly straightforward however, some are quite complicated. We have had numerous staff meetings to prepare these Ordinances and are comfortable with the content. We can answer any questions that you have relative to the specifics. We recommend that you approve these Ordinances on first reading. TGB/mk Attachments r ' D ORDINANCE N2. 400 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE CF TEQUESTA, PALM BEACH CD'JNTY, FLORIDA, CREATING REGULATIONS GOVERNING THE JSE, HANDLING, STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS SUBSTANCES; PROVIDIN' FOR TITLE AND PURPOSE; =ROVIDING FOR PROHIBITION; PROVIDING AN AMNESTY PROGRAM; PROVIDING FOR PENALTIES AND ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICAT: :_;; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Village Council of the Village of Tequesta, is concerned about the use, handling, storage and disposal of toxic and hazardous substances within all districts within the Village of Tequesta; and, WHEREAS, it is recognized that it is the Village :il of the Village of Tequesta' s responsibility to protect the health, safety and welfare of its residents; and, WHEREAS, the Village Colin= i : of the Village of Tequests desires to cooperate with its residents, businesses, solid waste purveyor and the Palm Bea.: .:n ty Solid Waste Authority in the control of toxic and hazard=u.:s substances and materials t: be disposed of in garbage, ref-,:se and trash to be collected within the corporate limits of the Village of Tequesta; and, WHEREAS, the Village Coin= i of the Village of Tequesta dee-.s it appropriate and necessary to take an active role in determining which substances and materials are not safe to the overall health, safety and welfare of the community; and, WHEREAS, the Village Col:m is of the Village of Tequesta deems it appropriate and necessary to support an amnesty program to its residents in order tz provide an opportunity and l:cation to properly dispose of ;caio and hazardous substances and materials, NOW, THEREFORE, BE IT OPINED by the Village Council of the Village of Tequesta, Pa :- Beach County, Florida, as follows: Section 1. Title. This Article shall be known as the Village of Tequesta, "Toxic and Hazardous Substances and Materials" Ordinance. Section 2. Purpose. It is the intent of the Village, of Tequesta to properly regulate the use, handling, storage and disposal of toxic and hazardous substances and materials within! the Village and to provide periodic relief in the form of an amnesty program in order to allow residents to properly dispose! of toxic and hazardous substances and materials. Section 3. Prohibition. It shall be unlawful to dispose of toxic and hazardous substances and materials, as' identified in the "Generic Substances List" attached as Exhibit "A" to this Ordinance, into garbage, refuse, and/or trash or,! upon the ground in all districts within the corporate limits of; the Village of Tequesta. Section 4. Amnesty Program. The Village of Tequesta; stall cooperate with the Village' s solid waste purveyor, the Palm Beach County Solid Waste Authority, and any other! a:piicable environmental agencies to provide a location for iti residents to properly dispose of toxic and hazardous substances; 11 and materials. As part of its cooperation, the Village shall! endeavor to notify its residents of the location and times that the amnesty program will operate. 1 1 Section 5. Fenalties. Vic:a_ ions of the trovisions of this Ordinance, after notice a Village Official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall he fined not more than five—hunfred dollars ( 6500. 00) or imprisoned for not acre than six c ' % months or both, and in addition, shall pay all costs an expenses involved in the case. Each day such violation continues shall be considered a separate offense. Section 6. Administrative Fines. Consistent with law and this Ordinance, the Village cf Teguesta Code Enforcement Board shall have j•.:: isdiction to en_cr:e the provisicns of this Ordinance within the Village of Tearzes:a corporate limits. The Code Enforcement Board, upon n_t if icat ion ty the Code Enforcement Office_ that an order of the Code Enfcrcement Board has not been complied with by the set time or, ::ion finding that the same violation has been repeated by the same violator, may order the violator to pay a fire not to exceef two—hundred and fifty dollars ( $250. 00) for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. Section 7. Severabi l ity. :f any provis i rn of this Ordinance or the application there:f_ is held invalid, such invalidity shall not affect the other p::- isions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisicns of this Ordinance are hereby declared severable. Section 8. :odification. This Ordinance shall be codified and made a part of the official Code of 2rdinances of the Village of Teguesta. Section 9. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOF.EING ORDINANCE was :ffered by Councilmember wh: moved its adoption. The Ordinance was se::nded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST I.DC PTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1990. MAYOR OF TE CESTA Joseph N. CaFretta ATTEST: Village Clerk page 2 EXHIBIT "A" GENERIC SUBS:A:ES Aid and basic cleaninc s: : _Dior Antifreeze and coolants Arsenic and Arsenic compounds Bleaches, Peroxides Bake and Transmission fluids Enine solution :asting & Foundry chemicals :a::lking agents and sealants :leaning solvents :crrosion and rust prevention scions _ :sting fluids Degreasing solvents Disinfectants Electroplating solutions Ex los ives Fertilizers Fire extinguishing chemicals Fc=d processing wastes F: maldehyde Fuels and additives :::::es, adhesives and resins l:=zases d.raul is fluid :nficators :_dustrial and commercial : anitc=ia: supplies _nfustrial sludges and sti : :bott :=ems, printing and photocc_yina :.emicals laboratory chemicals :._ raid storage batteries Medical , pharmaceutical , dental , veterinary and hospital solutions Mercury and mercury compc nis Meals finishing solutions __:s Faints, primers, thinners, dyes, stains, wood preservatives, varnishing a r :leaning compounds Fainting solvents FP• s Pesticides and herbicides Plastic resins, plasticizers and catalysts Photo development chemicals Pcisons Pcl ishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Rofing chemicals and seaters Saolitizers, disinfectants, bactericides and algaecides Soaps, detergents and surfactants Seders and fluxes Stripping compounds raining industry chemicals Transformer and capacitor oils/fluids Water and wastewater treatment chemicals page