HomeMy WebLinkAboutDocumentation_Regular_Tab 12D_9/10/1992 -i-L... I)
VILLAGE OF TEQUESTA s' i�Q Hof
� ' .a�.',w�e BUILDING DEPARTMENT - ,f �SrA
�11N- : ..5) Post Office Box 3273 • 357 Tequesta Drive L; . �� u CI 199� 1
• eh,CO. y Tequesta, Florida 33469-0273 • (407) 575-6220 ;, t4Gf
FAX: (407) 575-6203 '� OFFGE'S ',0
o)�^. ffIc
MEMORANDUM
(
TO: Thomas G. Bradford, Village Manager
FROM: Scott D. Ladd, Building Official )&5
DATE: July 30, 1992
SUBJECT: Adoption of latest version of the Palm Beach County
Wel if ield Protection Ordinance, Ord. No. 91-29.
Tom, attached is a copy of the County' s most recent Wellfield
Protection Ordinance, Ord. No. ' 91-29 which we should adopt by
reference, which is consistent with the requirements of Future
Land Use Policy No. 1. 1. 3 of the adopted Comprehensive
Development Plan to do so. I discussed this subiect matter
with Skip and he concurs. Also attached is the original of the
proposed Village ordinance that would adopt, by reference, Ord.
91-29. Please , place this ordinance for first reading at the
August 13, 1992 Council meeting. .
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SDL: i mm
Attch.
` - Prrcrir,l Pn"r•
t r ORDINANCE NO. 443
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 1
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY
REFERENCE, THE PALM BEACH COUNTY "WELLFIELD PROTECTION
ORDINANCE", ORDINANCE NO. 91-29; 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. 91-29, 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
Councilmember. , who moved its
adoption. The Ordinance was seconded by
Councilmember and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of , 1992.
MAYOR OF TEQUESTA
Earl L. Collings
ATTEST:
Village Clerk
I 1 i production and storage of certain deleterious substances which may
1 ORDINANCE 110. 41-21
2. 2 ` impair present and future public potable water supply wells and
2
' wellfields.
f . '' AN ORDINANCE OF THE BOARD or COUNTY CONNISSIofZRs OF :1
• PALM BEACH COUNTY, FLORIDA, ENACTED TO PROTECT EXIST t Q' 4 ,I •
1 MID FUTURE POTABLE WATER SUPPLIES) TO BE known AS T1�E •
• PALM BEACH COUNTY WELLFIELD PROTECTION ORDINANCE; S , 110N THEREFORE, BE IT ORDAINED By.111E BOARD.Or COUNTY
f PROVIDING FOR SHORT TITLE APPLICABILITY, AND ;i
SO .CONSTRUCTION) SETTING TOR THE LEGISLATIVE INTENT; • ; COIIHISSIONERS OP PALM BEACH COUNTY, FLORIDA that
11 PROVIDING FOR DEFINITIONS; PROVIDING FOR NAPS OF ZONES OF •
12 INFLUENCE; PROVIDING FOR RESTRICTIONS WITHIN ZONES OF T
11 INFLUENCE; PROVIDING FOR PERMITS; PROVIDING FOR THE
14 PROTECTION OF FUTURE WELLFIELDS) PROVIDING FOR• THE • Section 1. ;SHORT TITLE/ APPLTC)►DTLITYt CONETR.UCTTON.
1s DETERMI1IATIOII OF LOCATION WITHIN ZONES; PROVIDING FORUM
is APPLICATION TO HEW ACTIVITIES AND. RESTRICTIONS ON THE S 1.01 This Ordinance shall be known as the 'Palm Deach County
31 ISSUANCE OF BUILDING PERMITS AND OCCUPATIONAL LICENSES)
IS . PROVIDING FOR GENERAL EXEMPTIONS; PROVIDING FOR SPECIAL 10 Winfield Protection Ordinance.' •
If EXEMPTIONS; PROVIDING FOR COMPENSATION; PROVIDING FOR THE
. 2• TRANSFER OF THE REGULATED ACTIVITY) PROVIDING FOR TRADE 11
21 SECRETS; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND
22 PENALTIES; PROVIDING FOR ENFORCEMENT BYoTHE GROUNDWATER 12. 1.02 All provisions of this Ordinance shall be effective
23 AND NATURAL RESOURCES PROTECTION BOARD; PROVIDING FOR •
24 REVIEW BY T11E ENVIRONNEIITAL ORDINANCE APPEALS BOARD; 13 within the incorporated and unincorporated areas of Palm Beach
25 PROVIDING FOR THE PALM BEACH COUNTY POLLUTION RECOVERY
2s TRUST FUND; PROVIDING FOR REPEAL OF LAWS IR CONFLICT) 14 County, Florida, and shall set restrictions, constraints and
31 PROVIDING FOR SE\►ERABILITY) PROVIDING FOR INCLUSION IN
26 THE CODE OP LANS AND ORDINANCES) PROVIDING FOR All prohibitions to present and future public potable water
2f EFFECTIVE DATE. I1 protect
30
31 - 16 supply wells and velifields'from degradation by contamination of
33 WHEREAS, most of Palm Beach County's potable water supply II deleterious eubatenaes. ,
22 is obtained from localized shallow aquifer sources, and Is .
24 WHEREAS, it is acknowledged that inappropriate development n1 •
1.02 This Ordinance shall be liberally construed t•
ls and land use contribute! to degradation of groundwater quality, and 2° effectuate the purposes set forth herein.
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26 1ntEREAs, there in a need to protect the existing and future 21 •
.
21 potable water supply sources of-Pala Beach County from degradation 32 Section 2. LTnYCLAT2{tN IHTZIEL.
24 and from the intentional or unintentional introduction of 23 2.0E The intent end purpose of this Ordinance is to protect
34 and safeguard the health, safety, and welfare of the residents and
if deleterious substances into such sources, and
4• WHEREAS, it is the intent and policy of the Board of County 21 visitors of Palm Beach County, Florida by providing criteria to
41 Commissi f Palm Beech County, to ensure under this Ordinance, la regulating and prohibiting the use, Needling, production and
a2 the continued health, safety, welter, and quality of environment 27 storage of certain deleterious substances which maimpalr present
g y 23 and future public potable water supply wells and wellfields.
42 for the residents of and visitors to Pals Beach County, and
14 WHEREAS, the Board of County Commissioners has the authority' 21
•
as under the Palm Beach County Charter to adopt a countywide ordinance 30 2.02 The Generic Substance List attached • hereto and
41 relating to the protection of wells and wellfields by providing! 31 incorporated herein as Exhibit A, Is provided for informational
41 criteria for regulating and prohibiting the use, handling, 72 purposes and may be revised from time to time by the Department•
3 4
1 r •
•
(n) G.n.rin seM tense Lt■t Those general categories of 1 +. • the criteria for which Cr. set forth under Section a o[I 2 substances set forth in Exhibit A attached hereto and 2 this Ordinance. f
ineorporated.herein. 1
(y) percolation Pond. An artificial impoundment similar te'•
(o) Groundwater. Water that fills all the unblocked voids of a holdin g pond for which the design and operation
•
s underlying material below the ground surface, which is h
q a provides for fluid losses throe percolation or seepage.,
I the upper limit of saturation, or water which is held In (w) person. Any individual
public or private corporation,',
7 the unsaturated sons by capillarity. firm, association,
joint venture, partnership,'
e (p) s,=pundtiater and natural_Resourcee Protection Board. That s munieipality, governasntal a eno
9 y, pollticel subdlvlslon,
s Board deslynitad by the Board of County Commissioners of • pubiio officer, owner, lessee, tenant or any other entity
I. Palm Beach County, to hear alleged violations of this 1° whatsoever or any combination of such jointly or
11 Ordinance an other state and local laws protecting the 11 severally.
groundwater Ind natural resources of the County. 12 (x) potable Water. "Water that is intended for drinking,
U (q) Laboratory. A designated area or areas used for testing, 32 culinary or domestic purposes, subject to compliance with
16 . researchy experimentation, quality control, or prototype 14 • County, State or Federal drinking water standards.
i
is construction, but not used for repair or maintenance is (y) public Utility. Any privately-owned, municipally-owned,
is activities (excluding laboratory equipment), the 14 County-owned, special district-owned, or State-owned
1t* manufacturing of products for sale, or pilot 17•• system `
- plant providing water or wastewater service to the'
is testing. Is public which has at least fifteen (15) service;
.17 (r) Land Application. The application or disposal of 19 connections or regularly serves at least twenty-five (25)I
2e effluents or sludges on, above, or into the surface of 2° individuals daily for ,at least sixty (60) days of the
21. _ the'ground through spray irrigation, land spreading, or 21. year. � '
22 other methods. 22 (s) peaulated Substances.
22 (s) ).onresidential Activity. Any activity which occurs in 22 (1) Those deleterious substances an contaminants, including,
24 a..y building, structure or open area which is not used 24 degradation end interaction
g products which, because of
25 • quality, concentration, or physical, chemical (including
1'
primarily as a private residence or dwelling. 1
26 (t) One Foot Drawdown Contour. The locus of points around a 26 ignitebility, oorrosivity, riaotiveness and toxicity), or)
r well or welltisld where the free water elevation is 27 • infectious characteristics, radioactivity, mutegenlcity,l
24 lowered by one (1) foot due to a specified pumping rate 2e • carcinogenicity, teratogenicity, bioaccumulative effect,
21 et the well or w.11tield. 24 persistence (non-degradability) in nature, or any other
se (u) Ooeratina Permit. The permit required of certain 20 characteristic, may cause significant hers to human
31 activities under Section 5 of thin Ordinance to operate, 21 health and environment (including surface and
22 the criteria for which are set forth under Section 6 of 22 groundwater, plants, and animals). I
. ` I.
7
I
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of the regulated substanas
i
II
to, those substances set forth in the lists, eaI 2 present in a solution,or
.,i eserdouo 3 amended from time to time, entitled Lists of Ilmixture of said substance with other substances shall be
1determined by volume percent composition of the Regulated
Wastes (10 CFR Part 261, Subpart D), 10 CFR, Part 261, 4 SubstanceIi
a Appendix Viii-Itasardous Constituents, and EPA Designation s . provided that the solution or mixture!
. containing the Regulated Substance does not itself have
a Reportable Quantities and )lotification Requirements for
Wasardous'Substances Under CERCLA (40 CYR 302, effective 7 (1) of the charaeteristlas described in Section �.01 (i)
7
s 1 above.
July 3, 1986)1 provided; however, that this Ordinance' e
� - • (aa) Retention or Detention Pond. Any pit, pond, Tor
shall_only apply whenever the aggregate 'sum of all 9 excavation excluding canals of cogference which create.
1e anantities of any one Regulated •Substance at a given! 10 a body of water by virtue of its connection to
it taci,lty/building at any one time exceeds Live (5) 11
f2 gallons where said substance is a liquid, 11 groundwater, and which is intended to receive stormwaler.
q , or twenty-five (bb) gmll,, The unpsrmitted release or escape of ■ Regulated
13 (25) pounds where said substance is • solid. 13
14
Substance, irrespective of thi quantity thresholds inl
11 Section (a) (2), directly or indirectly to soil, surface
SS The Ordinance shall also • 1 if applyno single substance it haters or groundvaters.
is exoeids the above reference limits but the aggregate ■umiis (cc) Btormwater Treatment Yo1nnQ. for commercial or
11 ' of all Regulated Substances .
present at one! 17'• industrial properties, one half (1/2) inch of runoff
is facility/building at any one time exceeds one hundred! 1e
oalouleted over the entire project area excluding canals 1f (100) gallons if said substances are liquids, or five, if and lakes. For residential
Hproperties, one half (1/2)
hundred. (50o) pounds if said substances are solids.
70 inch of runoff times the percentage of all impervious
it.
71• • surfaces. I
23 Where Regulated Substances are dissolved in or mixed with! 22 dd
( ) Minty. A public utility, power company or telephone
23 other non-Regulated Substances, only the actual 21
quantity! company which serves the general public.
11 of the Regulated Substance present shell be used to! 24 (ea
) Xlsll.. Any excavation .that in drilled, cored, bored,
IS determine of this
determine compliance with the ! 25
= 2� Washed, driven, dug, jetted, or otherwise constructed
2i Ordinance.
. I when the intended use of such excavation is to conduct
27
groundwater from a source ber to the surface by pumping,
is Where a Regulated Substance is a liquid, the total volume' 2e natural flow or other method.
if of the regulated Substance present in a solution or 22 (ff
)
Helllield. An area of land which contains one or more
it mixture of said substance with other substances shall be 20 than one well for obtaining water.
31 determined by volume percent composition of the Regulated 31 (gg) tones of Influence. Zones delineated by iso-travel time
22 Substance, provided that the solution or wixture, 12 contours and he one (1) foot drawdown contour within
I I 10
I
p
1 • cones of depression ovalls which obtain water from thol 1 using finite difference computer modeling techniques that
2 unconfined or ■urticiel aquifer ■ stem.
3 Y These zones are 2 incorporate the effects of an extensive canal system and Year 2010
calculated, based on the rate of movement of groundwater■ •
3 build 4 in the vicinity of walls at a specified pumping rate. 4 first cut ge rates... The pumping rates were determined by
! projecting population figures for the Year 2030 for each
(hh) Zones of Influence Mace. Aerial photographs at scales i a public utility service are■ and multiplyingthi■ a
9 determined by the Department showing by per capita
the location on the 9 consumption rate determined by the South Florida Water Management
7 ground of the outer limits of Zones of Influence for 7 District and by consultation with public utilities regarding
e present and future public potable water supply yells and a wellfield expansion and development.
1 well!ields permitted for 100,000 gallons per day or more. t
s •
,
10 4.03 The Zones of Influence Haps shall be reviewed at least
1 Section 4. UAP3 OF ZONES OF IHFLLSHCZ. 11
on an annual basis. However, failure to conduct said review shall
2 4.01 The Zones of Influence Maps developed as described in 12 not affect the validityof the existin
9 approved Naps. The basis
3 ' subsection 4.02, Zone One (1) being
( ) completed on February 19, 13 . ' for updating said Hap■ may include, but is not limited to, the
1 1988, and Zones Two (2) end Three (3) being completed in Hay, 14 following,
t 19118, ari lnco I
rporated herein and made a part of this ordinance. 19
(a) Changes in the technical knowledge concerning the
e These Naps shall be on file and maintained by the Department. Any 19 applicable aquifer.
7 • amendments, additions or;deletions to said Maps shall be ap
proved 17% (b) Changes in pumping rate of wellfields.
1 by the Board of County Commissioners of palm Beach County 18
(o) Nsiltield reconfiguration.
t following written notice, by the Department, to property owners i it
t within the area covered by the amendment, addition, or deletion, 20 (d) Designation of new welltleld■.
I. and attar public hearing. Written notice as � I
provided herein ■hall• 21, 4.04 � The Zones of Influence indicated on the Zones of
be at least thirty (30) days prior to the I
public hearing on the 22 Influence Haps are as follows,
I amendment, addition or deletion. said maps ■hall be
I provided to 21 (a) Zone One lift The land area situated between the well(s)
the Palm Beach County Planning, Zoning and Building Department, 24
and the thirty (70) day travel time contour.
the Groundwater and Natural Resources Protection Board and any21 .
(b) Zone Two 121t The land area situated between the thirty
other agency requesting said maps. •
26 (30) day and the two hundred'ten (310) 'day travel time
' 27 contours.
4.02 The Zones of Influence maps are based upon travel time, 2e
(o) Zone Three (]lt The land area situated between the two
contours and one foot drawdown contours. They are generated using' 29 hundred ten (210) day and the five hundred (Boo) day
a contaminant transport computer model that simulates pollutant 30
travel time contours.
movement using particles released around well, in an inverted 31 .
head/velocity field. The head/velocity field is calculated by (d) Zone Four f41. The land area situated beyond the five
f 32 hundred (Boo) day travel time contour and within the
it
. 12
11
I1 dates on which such conditions shell be instituted. Such
N.
I 2 activities shall Comply with ell Zone Two (2) requirements uriles■
3 Section 5. RESTRICTIONS WITHIN EONE$_pF INmLUE 3
otherwise provided herein. No expansions, modifications or
4 5.01 Zone en p �
�1111 The use, handling, production, and a alterations which would increase the storage, handling, use'or
s storage of Regulated Substances associated with nonresidential
s production of Regulated substance■ shall be permitted in tons One
I activities is prohibited In Zone One (1), except as provided under
g (1). An owner or operator that is denied a Special Exemption shall
1 the General Exemptions and Special Exemptions provisions of thief
7 be issued a Closure Permit as part of the denial process. Any
• Ordinance. All existing nonresidential activities within Zone one)
e operating permit application required herein shall be filed with
(1) which store, handle, use or produce any Regulated Substances 2 the applications for General Exemption or special Exemption.
1s shall cease to do•so within one year from the date of notification
10
11 under this Ordinance, except as provided in this Section. The 11
5.02 Zone Two ftlr All nonresidential aativltie■ within
12 owners or operators of much activities within Zone One (1) shall be'
12 Zone Two (2) which store, handle, use or produce any Regulated
13 notified In writing, by certified mall, or hand delivery by the
11 Substance are prohibited from!doing so unless they qualify as e
14 Department, within sixty (60) days of the effective date of this i 14 General Exemption, obtain a +Specie) Exemption, or receive an
1s Ordinance as to ithe requirement to cease the use, handling,' 1s Operating Permit from the Department which complies with the
1e storage, and production of Re
gulated Substances. 16 following conditioner
17.
,
17•
(a) Contninment_oVrsauleted Substances.
Is A Closure Permit application, General Exemption application if the
ie Leak-proof trays under containers,,floor curbing or other
1s aotivity is alaimed•to be exempted under the provisions of Sections
1s containment systems to provide secondary liquid
2e 12.02, 12.07, or 12.07 of the_ ordinance, or a Special Exemption;
20 containment shall be installed. The containment shall be
31 application prepared and signed by a Professional Engineer or)
21 of adequate site to handle all spills, leaks, overflows,
22 Professional Geologist registered or licensed in the State ofi
22 and precipitation until appropriate action can•be taken.
22 Florida shall be submitted to the Department within 120 days) 22
The specific design and selection of materials shall be
24 receipt of the notice to cease. Within 30 days of receipt of said
24 sufficient to preclude any Regulated Substance loss to
21 notice, the owner or operator shall file with the Department proof
• 28 the external environment. Containment systems shall be
36 of retention of said engineer or geologist.
26 sheltered so that the intrusion •of precipitation Is
21
77 effectively prevented. The owner/operator may choose to
2s Any nonresidential activity in Eons One (1) which is allowed to
28 provide adequate and appropriate liquid collection
21 continue In accordance"with the General Exemptions or Special
21 methods rather than sheltering only after approval of the
20 Exemptions set forth in this Ordinance shall obtain an Operating
10 design by the Department. Weep requirements shall apply
21 Permit, unless expressly not required by this Ordinance, which •31 to all areas of use, production, and handling, to all
23 shall indicate the special conditions to be instituted and the
12 storage areas, to loading and off-loading areas, and to
12
14
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1 • above-ground' and under
ground storage The
1 containment devices and liquid collection systems shall 1 r . Regulated eubstanoes hail check on every day of
3 2 ' operation, for breakage or leakage of any contains
be certified In the operating permit application by the.
1 holding the Regulated Substances. Electronic sensln.
4 Professional, Engineer or Professional Geologist
4 devices say be employed as part of the inspectio
s registered oc licensed in the State of Florida.
s • process, if approved by the Department, and provided the
s (b) Emergency collection devicea. .Vacuum suction devices,
sensing system is oheoked daily for malfunctions. The
V -absorbent scavenger materials or other devices e
• manner of daily inspection shall not necessarily require
• •
'M by the Departient, shall present on-site or available
e physical inspection of each container provided th.
11 within two (2) hours (one hour in Zone One) by.contract
location of the containers can be inspected to a dsgre
IS with a clean up company approved by the Department, i
to which reasonably assures the Department that breakage o
11 sufficient magnitude so as to control and collect the
11 leakage can•bs detected by the inspection. Bonitorin•
i2 total quantity of Regulated Substances present.
12 records shell be kept and made available to th
u To the- degree feasible, emergency containers shall be
12 Department at all reasonable times for examination.
14 present land of such capacity as to hold the total
14 (a) proper and adequate annular H. , , . ,• . .
Is quantity of Regulated substances plus absorbent material'. '
is , 14 IIDd emergency equipment. Procedures ■hall be establishe•
The presence of such emergency collection devices shall
14 for the quarterly in-house inspection and maintenance of
l7.. be certified in the operating Permit application fo '
17•. . containment and emergency equipment. Such procedure
is • existing activities. Such certification for no
1e shall be in writing; a regular checklist and schedule of
N activities shall be provided to the Department:prior t•_
if maintenance shall be established; and a log shall be kept
re the presence of Regulated Substances on the mite.
20 of inspections and maintenance. Such logs and record-
ti. certification shall be provided by a Professional
21 shall be available for inspection by the Department.
IS Engineer or Professional Geologist registered or license.
22 (f) Reporting of spill'. Any spill of a Regulated Substano
17 in the State of Florlde.
tt (o) �ergencv pia 23 in excess of the•non-a re ate
A. An emergency 99 9 quantity thresholds I
q ncy plan shall be prepared an. •
24 Section 3.01(4)(2) shall be reported by telephone to th-
.
IS :lied with the Operating Permit application indioati •
2s' Palm Beach County Health Unit and designated publi.
is the procedures which will be followed in the event of
24 utility within one (1) hour, and the Department with!
iv spillage of a Regulated Substance so as•to control a •'
27 twenty-lour• (24) hours of discovery of the spill. Clean
is • collect all such spilled material in such a manner as t•
2e up shall commence immedietily upon discovery of th-
1s prevent it from reaching any storm or sanitary drains o -
2s spill. A.full written report including the steps take
's the ground.
30 to contain and clean up the spill shall be submitted t.1 (d) Inspection. A responsible person designated by th-
71 the Department within fifteen (15) day■ of discovery of
2 permittee who stores, handles, uses or produces th-
11 the spill.
1$
14
.+rr■ng■■encs sna11 be made with the designate by a State of Florida certified laboratory of th•
a public utility to establish a semi-annual schedule of ra quantity present in each monitoring well of the
�� water analysis unless ...piing results indicat 4 • Regulated Substances listed in the activity'. Operatln•
1
• rhntamination, in which oars the Department sball'requir s . Permit shall be filed at least semi-annually, or more
• an increased sampling schedule. The analysis shall b
IIfrequently, as determined by the Department, based upo
7 for all substances which are listed on the Operatin 7 site conditions and operations.
• Permit. The analytical lnport■ shall be prepared by s (i) Alterations and expansion. The Department shall b-
• • Stata_of Florida certified laboratory, notified instating prior'to the expansion, alteration o
certified for the
As. applicable analyses. It shall be the responsibility o 10 •
modification of an activity holding.an Operating Permit.
11 the designated public utility to provide for the samplin• 11 such expansion, alteration, or codification may resul
1s and analyses but the cost shall be borne by the permitte 13 from increased square footage of production or•etoreq-
is or those permittee■ on a pro-rata basis as to the ■em: 13 capacity, or increased Quantities of Regulate.''
1e substances listed on the 11 Substances, or changes in types of Regulated Substance .
permits of those permittees I
1• Zones ofllnfluence of the subject veil. man is beyond those square footage, quantities,'and types upo
• pie■ shall b:
16 taken 16 which the permit was issued. Should's facility add ne
by the state certified laboratory performing th
17. analyses, or its authorised representative. i7• Regulated Substances which individually ire below !h-
1• semi-annual reportsby li non-aggregate limits 'in Section 3.01(s)(2), it shall
prepared a State of Florid. •
19 notify the Department on the annual basis of the types
1e certified laboratory of the analyses for Regulate.
se Substances shall be submitted to the Department for th, 10 and quantities of such substances added and the looatlo
2. presence of Regulate. 1 of the use, handling, storage, end production of said
tl purpose of determining the
11 Substances in each well for which a lone of Influence Ha : substances. Any such expansion, alteration o
11 has been estiblishedi 23 modification shall be in strict conformity with thi
!4 • (h) tlonitorina for Reou ted Substances in arQypdwatQ 24 Ordinance. further, except as provided herein, an
is 25 existing operating Permit shall be amended to reflect th
>lonitorina wells. Groundwater monitoring well(s) shal •
16 beprovided at theexpense of the 2e introduction of any new Regulated Substances resultin•
perwittae in a manner
27 number and location approved by the Department. Except 27
from the change. However, the introduction of any ne
as for existing wells found by the Department to be adequat 7e Regulated Substance shell not prevent the revocation o
» for this provision, the required well or wells shall b 29 revision of any existing Operating Permit if, in th-
in installed by a state of Florida licensed water vet 30 opinion of the Department, such introduction substan
71 tinily or materially modifies, alters or affects th
21 contractor. Samples shall be taken by. the stet
as certified laboratory performing the analyses, or its conditions upon which the existing Operating Permit va.
r
17 le
1 granted or the ability to remain qualified.as a Genera) 1 , Permit. All Regulated Substance■ and contaminated
2 Exemption, if applicable, or to continue to satisfy2
an) containers shall be disposed in a lawful and
4 conditions that have been is posed as part of a Special 3 environmentally sound manner in accordance with
4 Exemption, if applicable. The Department shall notif 4
s applicable Mate and federal laws, and the activity and
the permitte•; in writing within sixty (60) days of s environs shall be cleaned up so as to preclude leeching
s receipt of the peraitte•'s notice. that the Departmen. c
• of residual Regulated Substances into the environment.
7 proposes to revoke or revise the
pewit and stating th 7
s grounds therefore.
I 5.03 Zone Three f311 All nonresidential activities within
s (j) Reconstruction after catastrophe. Reconstruction of an f • .
Zone •Thr•• (]) vhich store, handle, produce or use any Regulated
1e portion of a. structure or building in which there is an • 10 Substances are
prohibited unless! they quality as a oenetai
11 . activity subject to the provisions of this regulatio 11 Exemption, or receive en Operating Permit which complies with the
17 which is damaged by fire, vandalism, flood, explosion, 12 following conditions,
12 collapse, wind, war or other catastrophe shall be i it•
(a) Those conditions set forth in Subsections 5.02(a), (o),
14 strict conformity with this Ordinance.
)t (d),(e) and (f)..
is _ (k) oosratinq1 or 'Closure Paraiba. All existing nonresi 1f b( ) Within thirty (30) days of acquiring knowledge of any .
is d•ntial'activities in Zone Iwo (2) which use, handle, 16
spill of a Regulated Substance the Deportment shall
17 store, or produce Regulated Substances shall file • 17
consider revocation of the permit or revision of it to
is application for an Operating Permit or Closure Perini 16
comply with some or all the other conditions set forth In
l9 • within ninety (90) days of the receipt of written notic. if
• Subsections 5.02(a) through (j), in addition to Mollie
10 from the Department. Said permit application shall b= 20 •
required by section B.o](a) above. In consideration of
11 prepared and signed by a Professional Engineer or Pro 21
whether to revoke or revise the permit, the D•p•rtwent
12 tensional Geologist registered or licensed in the Stet •27
may consider the intentional nature or the degree of
3sot Florida except as provided in Sections 6.02 (b) or 12 23 '
negligence, if any, associated with the spill, the.extent
:4 of this Ordinance. Within thirty (30) dayso of receipt 24 •
to which containment or cleanup is possible, the nature,
is said notice, Ole owner or operator •hall file with th 21 •
number and frequency of previous spills by the perwittee
4 Department proof of retention of said engineer or 26
end the potential degree of harm to the groundwater and
7 geologist, It application is made for an Operatin. 27
surrounding veils due to such spill.
s Permit, such a permit shall be issued or denied with! 2e
(o) Operating permits required by this section shall be
f sixty (60) days of the filing of the complete. 24
applied for and processed in accordance with application. It the application for an Operating Perm! 30
Section 5.02(k).
l is denied, then the activity shall cease within on 31
hundred eighty (1s0) days of the denial of the Operating 32 ,.
5.04 Zone Four 1411 All nonresidential/activities within
•
• if
• 20
-- - --y uo, ,.uruinancas or requirements.
2 Subatenoes ere prohibited unless they qualify as a General 2 •
2 Exemption. or receive an operating Permit which complies with the 7
5.06' gecuiremente for Domestic Haetewntet and steavnte=
'a following conditions: .
4 Treatmnt.
s (a) Those conditions set forth in Subsections 5.02(d) and !
(a) Ali new or replacement installations of sanitary sewer
s (1).
6 mains in Zone One (1) or Zone i1ro (2) of a public
7 (b) Within thirty (30) days of acquiring knowledge of any 7
drinking water wellLield shall be constructed to force
a spill of a Regulated substance the Department shall s
main standards. Standards for instillation are shown In
• consider revocation of the permit or revision of it to
Exhibit ! and shall bi enLorded by the Palm Beach County
1e comply with some or all the other conditions set forth inPublic Health Unit PBCPNU through the
• 10 ( ) q permit process.
11 Subsections 5.02(a) through (j), in addition to. those 11 For new wells placed in areas of existing sanitary
12 required by Section 5.04(a) above. In consideration of 12
sewers, the sewers in tones (one) 1 and (two) 2must be
12 whether to revoke or revise the permit, the Department 11
pressure tested at each joint, grouted and sealed with
14 may consider the intentional nature or the degree of 14
• proof of testing provided to the PBCPNU prior to release
1a negligence, it any, associated with the spill, the extent 19
of the well for service.
16 to which'containment or cleanup is possible, 'the nature, 16 .
(b) No maw extlltration system shall be constructed in Zone
iv
,number and frequency of previous spills by the permittae
17• One (1) or Zone Two (2) of a public drinking water
1s and the potential degree of harm to the groundwater and 1s wellfiald.
if surrounding wells due to such spill. 1f °) New retention or detention ponds 'ciliated within
2e (o) operating permits required by this Jection shall be
20 wellfLaid tone■ shall comply with the criteria
f1, applied for a_nd.prooessed in accordance with:Section; 7i
described in the South Florida Water Management
2a 5.02(k). However, ■ nonresidential activity in Zone Fourl 22 . District (ammo) Management and storage of Surface
22 (4) le not required to retain an engineer or geologist to
22 Waters Permit Information Manual Volume IV. These
24 prepare the operating permit, providing that Section
24 criteria are enforced through the SFWHD permitting
2s 5.O4(b) does not apply.
26 25 process.
25 (d) New percolation ponds for domestic wastewater
27 5.05 Other Recuirements and Liabilitinn. A notice to cease,
27 treatment located within wlltield .tones shall
2s a permit or exemption issued under this Ordinance.shall not relieve
to comply with the requirements for separation from
2s the owner or operator of the obligation to comply with any other 2, public drinking vater• vells set forth in chapters
2e applicable federal, state, regional or local regulation, rule,
10 • 17-555 and 17-610, Florida Administrative Code and
21 ordinance or requirement. Nor shall said notice, ',emit, or
31 enforced by the Florida Department of Environmental •
22 exemption ralleve any owner or operator of any liability for 32 Regulation (POEM and PBCPNU.
21
22
•
(0 Lend application of domestics wastewater effluents or 1
• sludges within welifield sons shall comply with the (a) cessation 'ot the discharge and initial eorltol,
�' dontainwent and recovery of lreertlovinq, floating or
requirements .for separation from public drinking I
3 standing •pollutants] •»
water wells forth in chapters 17-555, 17-610, and
17-610,•Florida Administrative Code and enforced by s•
(b) Removal and disposal of contaminated soils, sediments,
vegetation, containers, recovery materials, and any other
the FDER and PBCPUIJ. s oontewinated materials, in accordance with applicable
(f) Rev onsite sewage disposal systems (septic tanks) located 7 Federal, State and local regulations]
within welltield zones shall comply with the • (a) A •
Assessment of the horizontal and vertical extent of soil,
1 requirements for maximum sewage loading and. separation f
sediment, surface water and groundwater contamination, as
from public drinking water wells set forth in 10 , well as rate and direction of migration of the
Environmental Control Rule I and enforced by the P8CP1lu. 11+
contaminants; and
12 • (d) Remediation of contaminated soils, sediments, surface
13 waters and groundwater to preclude further migration of
6.07 soul Asaeaaewnt end Remediatl.... e 1 d Upon 1�
P unacceptable levels of residual Regulated Substance, into
discovery of a spill in zones one (1), Two (2), Three (3) or Four 1s
_ or through the surface water or groundwater environment.
(4), a determination Shall be made as to jurisdiction. The is
Department shall provide notification to 'the tDEll and PBCPItU 17,
The Department shall determine necessary, reasonable measures and
Including all available information pertinent to the spill. FDER Is
time frames for corrective actions. The corrective actions shall
will be responsible for determination if the spill occurrence if
be completed to the satisfaction of the Department. Where State or
constitutes a Resource conservation and Recovery Aot (RCRA) 20 Federal regulations establish procedures or cleanup levels for
regulated material as defined in FAC Rule 17-730 and Title 40 CFR 21 corrective actions for
)tart 261. If determination is made that the spill occurrence 22• particular discharge., the corrective
aotigns shall at a minimw comply with those procedures and/or
involves a RCRA regulated matet'lal, FDER will assume the role as 22 • cleanup levels. Completion of corrective actions as specified by
lead regulatory agency in assessment and remediation. The 24 the Department shall not relieve the responsible P parson or persons
Department will assume the role as lead regulatory agency if 2s . of liability under any other applicable Federal, State or local determination reveals • non-RCRA regulated substance. 21 regulation, rule, ordinance or requirement) nor 'hall it relieve
27 the responsible person or persona of liability for corrective
Upon issuance of an order by the Department, corrective action 2e
actions for conditions which were previously unknown to the
shall immediately be initiated by the responsible person. Failure 29 Department, or which resulted from implementation of corrective
to initiate corrective action shall be a violation of- this 20 actions as required.
ordinance. corrective action shall include any or all of the 31
following!
32 •
23
: 24 •
•
"'MOMAAR• t 6.02 permit anplicationa. •
1 6.01 1lell P san g. 1
fieldro teePer (
(a) oosratinc Permit. A131 applications, as a minimum, shall
,•a (a) Thl■ section provide■ the requirements and procedures for' 3 provide the following'information,
4 the issuance by the Department of operating and Closure 1 (1) A list of all Regulated Substances end substances on
e Permits required by this Ordinance. . . • 1 the Generics Substance List which era to be stored,
6 (b) An application which satisfies the requirements of the 6 handled, used or produced in the nonresidential
7 _ applicable Zone of Influence and Section 6.02 and, !f 7 activity being permitted including their quantities.
a applicable, Section 10, shall be approved and a permit a (2) A detailed description of the nonresidential act!-1
9 issued. In addition to the failure to satisfy these 1 vitiee that involve the storage, handling, use orl
1e requirements, the Department may deny a permit based on 10 production of the Regulated Substances indicating
11 . repeated violations of this Ordinance. • 11 • the unit quantities in which the substances are
12 (o) An Operating Permit shall remain valid provided the 12 contained or manipulated, including layout plans or
13- permittee is in compliance with the terms and conditions 13. drawings of the facility in which the activities
14 of the permit. 14 will take'place.
is (d) Permittees shall not be required to pay annual renewal 12 (3) A description of the containment, the emergency'
16 fees until October 1, 1990. Beginning October 1, 1990, 1s collection devicei and containers and emergency plan)
17. all current and future permittees are subject to an 17., that will be 'employed to comply with the
is annual renewal license fee as stated in Exhibit C. 1s restrictions required for Zones Two (2) and Three'
se notification to the Department under Section S.02 (i) is 12 (3) as set forth' above. For Zone Four (4) this'
as due with the renewal, fee. 20 particular documentation will only be required it al
21 (e) The•Department shall have the right to make inspections 21 permit revision is required pursuant to Subsection)
22 of facilities at reasonable times to determine compliance 22 • 5.04(b).
22 .ith this Ordinance.: . • 23 (4) A description of the daily monitoring activities
- 24 (f) All of the facilities owned and/or operated by one person 24 that have been or will be instituted to comply with
as when these structures and activities. are located on 25 • the restrictions for. Zones Two (2), Three (3) and
26 contiguous parcels of property even where there are 26 . Four.(4) as sit forth above in Section S.02.
a7 intervening public or private roads, may be covered under 27 (6) A description of the maintenance that will boil
as one permit. is provided for the containment facility, monitoring
„ 29 /system, and emergency equipment required to comply
is 70 with the restrictions of Zone Two (2) and Zone Three
21 31 (3) as set forth. above. For Zone—Four (4) this
u - 22 particular documentation will only be required for a
2s 26
I
• revised Operating Permit as required by Subsectioq '1 produce Regulated Substances. As a minimum, !he) •
5.01(b). 1. 2 following actions shall be addressed: . I
(6) A description of the groundwater monitoring wells 3 • a) Disposition of all Regulated Substances and
• that have ben or will be installed, other pertinent c contaminated containers.
well construction information, and the arrangements 1 •b) Cleanup of the activity and environe to preclude
which have been made or which will be made for 4 leaching of unacceptable levels of residual
certified ' analyses for specified Regulated 7 Regulated Substances into the aquifer.
Substance., For Zonas'Three (3) .and Four (4) this • a) Certification by a Professional Engineer or
particular documentation will only be required for a 9 Professional Geologist registered or licensed in
revised Operating Permit as required by Subsections 20' the State of Florida that disposal and cleanup
•
5.07(b) and 5.04(b). • 11 have been completed in a technically acceptable
(7) Evidence of arrangements made with the appropriate 32 manner. The requirement for certification by a
.
designated public utility for sampling analysis of 13 Professional Engineer or Geologist may be waived
the raw water from the potable water well. For applicantprovides evidence to the
i 14 i! the •
Zoncs !Three (3) and Four (4) this particulak
11 Department that all of the following items are
documentation will only be required for a revised 1i applicable:
Operating Permit as required by Subsections 5.03(b) 17. 1) The entire operation is maintained inside;
and 5.04(b). • 1s • the building(s) of the facility. I
(t) An agreement to indemnify and hold Palm Beach County) 1f - 2) The standard method of removing operatingl
harmless from any and all claims, liabilities,) 20 waste is not by septic tank, sever cains,.erl
causes of action, or damages arising out of the! 71 ' • floor drains.
1
issuance of the permit. The County shall provide' 22 '
3) There is no evidence of ■ ills p permeating
reasonable*.notice 'to the permittee of any suohl 11 floors or environs. I .
claims. 24 4) There are no outstanding or past notices of •
(9) The application for the Operating Permit shall be 2s violation from any regulatory agency`
filed with the Department within ninety (90) days ofI 24 concerned with hafardous, industrial or
receipt of written notification from the Department. 77 special waste. `
•
Ile 5) There is no evidence'•of past contamination ••
(b) Zloaure Permit. Closure permit applications shall 2f in the public drinking water well(e)
provide the following information: 20
associateH with the facility in :one 1.
(1) A schedule of events to complete the closure of an 71 6) The applicant shall provide a
activity that does or did store, handle, use, or 72 sworn statement that disposal and cleanup
27 ,
I 2s
- - "----- • + requirements as set forth in this ordinance. such
2 =) There is no evidence of past contamination in th• 2 conditions may include, brat not be limited to, monitoring
3 public drinking water wells) iated wit) 3 wells, periodic groundwater' analysis reports, and
4 the-facility in zone 1. s compliance schedules. Said conditions nay also include
• 6) The applicant shall provide a sworn a requirements in a closure permit to reduce the risk in'
• statement that disposal and cleanup have • the interim of contamination of the groundwater., taking
7 been completed in a technically 7 into account cost, likely effectiveness and degree of
• • acceptable-manner. s risk to the groundwater.
I d) An appointment for an inspection by_ th= s (d) pond required:
1e Department. 10 (1) Except as provided in Section 6.02(d)(5), no
11 a) ; An agreement to indemnify and hold Pal. 11 • permit herein required 'shell be issued unless
11 Beach County harmless from any and all claims, 12 • there is filed at the tine of application,
37 liabilities, causes of action; or damage: 17 except in the case of an application by a
14 arising out of the issuance of the permit. Th- 14 political subdivision or agency of the State, a .
is County shall provide reasonable notice toth- is •cash bond corporatey;
permit bond with a curet
16 permittee of any such claims. 1•1 w
or letter of credit in the amount required by
17. (2) The inane of well reconfiguration shall be evaluate. 17. Exhibit a, attached hereto and incorporated
1• by the Department and the affected public utility a.- is herein, to insure that the permittee will
HP an alternative to a closure permit during the permi• is operate its nonresidential activities and/or
se application process. Should a utility notify th- 20 closure of such nonresidential activities, a. i
21, . Department in writing that it intends to reconfigur 21 applicable, in accordance with the conditions
ss a wellfield- and . said configuration no longs 22 and requirements of this Ordinance and permits
ss subjects a facility to lone One (1) or Zone Two (2) 27 issued hereunder.
14 requirements, the Department may issue an Operatin. 24
(2) The permittee shall reimburse palm Beach County ink
s• Permit providing conditions under :which sal. 25 accordance with Subsection 6.02(a)(6), (b)(1).) end
26 facility may continue to operate. 26 (e) of this Ordinance for any and all expenses and
27 (3). The Department of Environmental Regulation and th- 27 costs which Palm Beach County incure'as a result of
2e Palm Beach County Public Health Unit shall b 21 . the permittee failing to comply with the conditions
2s advised in writing of each Closure Permi 2s . and requirements of this Ordinance.
lr application. • • 30 (3) Before a bond or letter of credit is accepted by the
si . (c) Permit conditions. The permit conditions shall eneur- 11 Department as being in with this section,
12 compliance with all the prohibitions, restriction., an. 32 • the bond or letter of credit shall be reviewed and
. 2! 30
w
i
1 approved by the Palm Beach County Attorne •.• Office. 1 - .I
:)' Any person subject 2. A corporate bond shall be executed by a oorporatio 2
•to� requlation under this Ordlnenoe shall be
s authorized to do business in the State of Florida as! 3
liable with respect to Regulated substance■
1 a surety.' A cash bond shall be deposited with thel 4 emanating on or from the
person ■ property for
i Department, who shall give receipt therefore. . • all costs of removal or remedial action
s (4) The bond or letter of credit required by this i incurred by Palm Beach County and damages for
/ Section shall be kept- in full force and effect for 7
injury to, destruction of, or loss of natural
• the term of the permit and for one-year after • resources, including the reasonable cost of
• 'voluntary cessation of . activities permitted • assessing such injury, destruction or loss
o • hereunder, expiration, or revocation of the permit. 10 resulting from the raise■• or threatened
1 • (5) No bond or letter of credit is required for issuance 11 . release of a Regulated Substances as defined in
2 of a permit for the following, 12 this Ordinance. Such removal or remedial
2 (a) Pesticide applicators, as described in Section 12 action by Palm Beach County may include, but is
•
1
t ;2.06, unless the pest control facility is 14 not Hilted to, the prevention of further
a located in Neilfield lone One (1), Two (2), or 1s contamination of groundwater, monitoring,
e Three (3). 1i containment, and clean-up or disposal of
! (b) Closure of a facility, provided that the 17 Regulated Substances resulting from the
a conditions listed in Section 6.02(b)(1)c) for 1e spilling, leaking, pumping, pouring, emitting
4 waiver of certification by an engineer or 17 or dumping of any Regulated Substance or
e geologist ars applicable. 20 ' materiel which creates an emergency hasardous
1 •(o) A facility in Zone Four (4), unless the 2
3 situation or i■ expected to create an emergency
2 Department has determined that revision of the 22 • hasardous situation. ' I!
2 • permit is appropriate under the conditions 23
4 described in Section 5.04(b). • 24 6.03 pee Schedule.
• (d) Retail/wholesale activities which meet the 25 • (a) poem/Una Permit fee. The fee for an Operating Permit
a conditions for this exemption set forth in 24 • including any permit obtained pursuant to the general
7 • Section 12.07 of this Ordinance. 27 exemptions set forth in Section 12 of this Ordinance,
• (e) Activities subject to regulation due to the 2$ shall be as shown in sxhibie C, attached hereto and
• accumulation of waste Regulated Substances, 2• incorporated herein. The Operating Permit fee shall be
o provided that they comply with the conditions 70 used to defray the cost of administering this Ordinance.
1 for this exemption set forth in Section 12.10 of 31 (b) Closure Permit fee. The fee for a Closure Permit under
t this. Ordinance. 12 this regulation shall be one-half, of the fee for the
• 31
•
] .
22
•
(5; Is subject to revocation under Section 5.02(i),
this regulation shall be one-half of the fee for the
• : 5.07(b) or 5.04(b).
a operating Permit. • I
7 (b) The Department may revise any permit pursuant to Sootier
(a) Permit transfer fee. The fee for transfer of an 4 5.02(i), 5.07(b) or 5.04(b) by first issuing a writte
• .Operating Permit or Closure Permit shall be as described 5
notice of intent to revise (certified mail return reaelp
a ( • in Exhibit C, attached hereto and incorporated herein to
a I requested, or hand delivery.)
defray the cost of processing the transfer. Application
(o) in addition to the provisions of Section 6.04,
• for Transfer of Permit is to-be made within sixty (60) e
Subsections (a) and (b), within thirty (30) days o
days of transfer of ownership of the activity.
2 acquiring knowledge of any spill of a Regulated Substanc
. 1e (d) Late Peg. A late fee as described in Exhibit
so in Zones One (1), Two (2), Three (3) or Four (4) !h-
11 C, attached here to and incorporated herein, • 11 Department shall co:wader revocation or revision of th.
13 shall be paid to the Department if application
11 permit. Upon'suah consideration the Department'may luau.
• 13 for a permit or renewal is late.
13 a notice of ,intent to revoke or revise which shall b
14 =
14 subject to the provisions of Section 5, or elect not t.
1s 6.04 Revocation or-Revision of Permit or General or Special 15
issue such notice. In consideration of whether to revok.
16 Zumoticn.
16 or revise the permit, the Department may consider th
1r (a) Any permit issued under the provision■ of this Ordinance 17
intentional nature or degree of negligence, if any,
1• shall not become vested in the permittee. The Department
1e sated with this spill, and the extent to whim
• 1e may revoke any permit issued by it by first issuing a
1f containment or cleanup is possible, the nature, numb•
a• written notice of intent to revoke (certified mail return 20 I
and frequency of previous spills by the permittee and th
• aY receipt requested, or hand delivery) if it finds that the 21
�_ permit holders potential degree of harm to the groundwater an.
22 surrounding wells due to such spill.
as (I) (a■ failed or refused to comply with any of the 22
(d) For any revocation or revision by the Department of
'
•
16 provisions of this ordinance, including but not
_, Special Exemption or•General Exemption that requires a
as limited to permit conditions and bond requirements
23 Operating Permit as provided under the terms of thl:
26 of Section 6.02(d) herein; or
26 Ordinance, the Department ihall issue a notice of inten.
11 (2) Ras submitted false or inaccurate information in 27
' to revoke or revisalwhioh shall contain the intent t
a• this application; or
2e revoke or revise both the applicable exemption and the
29 (3) Has failed to submit operational reports or other
ar accompanying Operating Permit.
a• information required by this Ordinance; or
30 (e) The written notice of intent to revoke•oc revise shal
31 (4) ((as refused lawful inspection under Section 6.01(e); 31
contain the following information
as or
32 (1) The name and address of the permittee, if any, and
as
• 34
.,
•
,I .
1 property owner, it different. •
z . 1 considered. '
(2) A description of the facility which is the subject
3
of the proposed revocation or revision.
3
7.02 Reference Rev Water Anal
4 (3) Location of the spill, it any. Analyses ClZbe completed t0
4 mall. A reference.set of raw water analyses shall be completed for
s (4) Concise explanation and specific reasons for the
s each will for which a Zone of Influence map has been established.
s proposed revocation or revision.
• Said analyses shall be completed within one hundred eighty-fivi
7 (S) A statement that ',Failure to file a petition with
7 (185) days after the effective date of this Ordinance, for existing
• the Clerk of the Board within twenty (20) days after
a wells. A copy of the analytical report shall be forwarded to the
the date upon which permittee receives written
9 Department and PBCPRU within (14) days of completion. For any new
1s notice of the intent to revoke or revise shall
10 well, this set of analyses shall be completed prior to the release
a render the proposed revocation or revision final and
.11 of the wall into service by the MAIM and Department. Said
12 in full force and eltecta.
. 12 analyses shall address inorganic priority pollutants as listed in
u (f) Failure of permittee to file a petition under Section
11 Exhibit E and organic pollutants as listed in Chapter 17-550,
14 9.01 shall render the proposed revocation or revision
I 14 F.A.C. and as shown in Exhibit E. The cost shall be borne by the .
1s • final and in full force and effect.
1s utility. The analytical reports shall be prepared by the State of
is (g) Nothing in this section shall preclude or be deemed a
16 Florida certified laboratory, certified for the applicable
17. condition precedent to the Department seeking a temporary
11 analyses. sample■ shall be taken by the State certified laboratory
1s or permanent injunction. ,
• is performing the analyses, or its authorised representative.
19 .
19
29 Section 7. PROTECT/ON OF FUTURE NELLTIELDa. •
2i. 7.01 public Hearina. The prohibitions and restrictions set 20 Section 8. DETERMINATION OF LOCATION WITHIN moan.
2i In determining the location of properties and facilities within thel
32 forth in this ordinance and in regulations promulgated pursuant
22 zones depicted on the Zones of Influence maps, the following rules
2 hereto shall apply to.any sites officially designated by the Board
31 shall apply!
24 of County Commissioners as future wellflelds. Such prohibitions
24 • (a) .Properties located wholly within one (1) Ions reflected
is and restrictions shall become effective upon approval by the Board •
2s on the applicable Zones of Influence maps shall be
26 of County Commies! f the Zones of Influence maps for the
26 governed by the reptrictions.applicatile to that Zone.
•
37 designated future vellfleld. Prior to final action by the Doard of
17 (b) To the extent Section 10'01 (c) does not apply,
24 County Commissioners in designating a future wellfield or approving
211 properties having parts lying within more than one (1)
if the Zones of Influence maps for those vellfields, all property
2f Zone as reflected on the applicable Zones of Influence
!s owners and discernable operating activities within the area
20 naps shall be governed by the restrictions applicable to
!1 affected shall receive written notice at least thirty (30) days
12 prior to the proposed public hearing at which the action shall be 31 the zone in which the part of the property is located.
22 • (c) Where a travel time contour which delineates the boundary
. 35
34
facility, the entire facility shall be considered to be 7 ""'h. II or residential development)
greater than tvsnty-five �•(2B) units or for al
in the more restrictive son•.
- `•' nonresidential development subject to review by an
• (d) Where-the facility, or portion thereol, is overlapped by
s advisory planning body and approval by the local
�Eones of Influence of different wells or velltields, the •1 "•
s governing authority or zoning board of appeals that
• stricter zones shall apply. ,
includes propertywholly p Y
s pro ert or artiali within lone one .
• 7 (1), Two (2),. Three (3), or•Four (4), of a vellfi•ld
• section!. . • ./ •,• L. . .1, . ti.1uM4 :. b•
" . a e shall include requirements of the Department. These
• ON ISS0INCE OF BUILDING PERMITS AND OCCUPATIONAL Liming. •
requirements shall be as follows,
le (a) No building. permit or occupational .license for any ' io
11 • nonresident/11 activity shall be issued by the County or ii (1) Notification by the local governing authority of the
12 any city located.within Palm Beach County that would 17 location of the property•in lone On• (1), Two (2),
13 • alloyThree (3), or Four (1) .and notarized letter from
development or construction in Zones Cn• (1), Two 17
• q acoeptance•appliaant.admittinenae of netifidation.
(2), Three (]), or Four (4), that is contrary to the 14 ,
1• restrictions and provisions Notification shall be prepared by the Department
provided in this ordinance. it
Is P•rpiti or occupational licenses issued in violation of is providing details of Zones, prohibitions, and
12 this section confirm no right or privilege on the grantee 17 m•asures•required for oomplianoe� or
Ss (2) Submittal of application to the Department for
and such invalid permit or licensee will not vest rights. is
is (b) The r notification. . •
!quirements and provisions of this Ordinance shall Is
a• (d) Any application eubmittid for an occupational license tort
apply iaediately upon the i[teativ date of this .
•70
11 ordinance to all niv nonresidential activities. An li 'ny use within lone ona, (1), Two (�), Three (3), or tour
• as existing activity !s one for which a building (4) of an incorporated orb unincorporated area shell
parwlt or • 22 require certification by the Department that the use
22 occupational license had been issued bythe w I
appropriate » meets the applicable requirements of this ordihanc•,
,
•• jurisdiction prior to the effective date of this 11
s ordinance and which had not expired on or before the) 21 (e) It shall be the duty of each local agency to screen sill
is effective dale of this Ordinance, or for vhiah a la •
•
applications lor�Eone One (1), Tvo (2), Three (3), or
•
I Pour (1) occupational licenses. I
27 completed building permit or occupational license 27
29 application 'had bean fil•ed and aaorpted with the Ss ( ) The Department shall provide a list to all:looal agencies'
of potentially prohibited operations in Zone one-(1).
.
7/9 appropriate jurisdiction prior to the effective date of 72
,241 this Ordinance. All other activities shall be deemed 30 (g) Copies of Building Permits of 'residential activities
7i •never.
'larger than twenty-five (45) units, all nonresidential
• - 71 •
projects, and••all-000upationhl licenses issued for ions
» (c) Any application for a building permit for a 32 - One 41), Two 2
( ), Three (3), or Four (4) shall be
•
]7
3s
•
•
...
•
•
1
-
1 • f
. I.
1 submitted to'the Department on a weekly basis, or upon 1
; or her intent to either furnish the information or have
3 issuance by the appropriate tarot ng authority.
3 2 the application processed as it stands. The Department
3 shall have ninety (90) working days from either the
4 Section 10. GENERAL SXtJiP4I0Ng. •• 4 rendering of a ■ufticienoy determination or receipt of
6 10.01 Aativitiee Clalaina a cteneral EtwsnFl..e.
s additional information making an application sufficient
s (a) A General Exemption application and Operating
1 � to sake a decision.
Permit pursuant to the provisions of Section 5.02 shall 7
e ba required for any nonresidential activity claiming a e
II 10.02 Exeentiona rer Fir. ..
General Exemption under Sections 10.02, 10.03 or 10.07 g av _N.dlaei
Is and shall be filed with the De Services end ounty Btiwrwwn.... u
partment. Ho new 10 Existin fire is nonresidential facilities shall be g � police, emetgenoy medical service■ and County
permitted into tons 11 emergenoy management center facilities are exempt from Zone 1
li one (1) ■tte; the effective date of this Ordinance if the
13 prohibitions as set forth in Section 5.01. however, an operating
la% new non-rasiciential facility stores, handles, produces or 13 Permit shall be obtained pursuant to Section 5.01.
14 uses anylRegulated Substance.
14
Is (b) Such application shall contain a concise statement by the 1i
..,
10.03 UsoQtions for !Militia*,in Zones one 111. Existing
« applicant detailing the circumstances upon which the 1i
utilities as of the effective date of this Ordinance shall be
11• applicant believes would entitle his or her to an
1t. exempt, except for the maintenance and refueling of vehicles, from
Is exemption pursuant to section 12.01(s) above.
ie Zone One (1) Closure prohibitions as set forth in Section.5.01.
19 (a) A fee as shown in Exhibit C, attached hereto and 19 However, an Operating Permit shall be obtained pursuant to Section
Is inoorporated'hereln, shall be tiled with the application 20 •
8.01.
11, in,addition to the appropriate permit fees to defray the 31 •
13 'loots of processing such application.
73 '' 10.04 Usontion for Continuous Transit. The transportation
la (d) Within thirty (30) working days . ot receipt of an
• 11 of any Regulated 8ubstan0e through !ones One (1), Two (2), Three
14 appllaation•tor General Exemption, the Department shall 24
li
inform the applicant whether such application contains is (3) or Tour (4) shall be exempt from the provisions of this
Ordinance provided the transporting motor vehicle is in continuous
to sufficient information for a proper determination to be
36 transit. The transport of such substances through existing
Icede. It the application is found to be insufficient, 77 -
permanent pipelines is also exempt provided lhet' the currently
's than the Department shall provide to the applicant a
' 3e • authorised use or uses are not changid and
• written statement by certified mail or hand delivery 3f provided that leak
detection and monitoring as approved by the Department are
p requesting the additional information required. The
as employed. Ho General Exemption or Operating Permit application Is
1 applicant shall inform the Department within ten (10) ai
required except that an Operating Permit is required to establish
1 working days of the date of the written statement of his 33
the leak detection and monitoring requirements for said existing
•
40 •
"-''-`"'-
•-. ..-aa7anv requaacea substances shall be
1. provided with secondary containment, leak detection and monitorin i (d) in tones One (1), Two (2), Three (3), or Tour (4), the
4: as required by the Department. 3 pesticides, herbicide■, fungicides, and rodentioides'
s 4 shall not be handled during application in a quantity
• 10.05Exemerigiumzehigider_antudowilintenanniumajindis exceeding sloven hundred 700( ) gallon■ of formulation.
7 " idlbricant Use. The use in a vehicle or lawn maintenance equipment) • (e) All nonresidential applicators of pesticides, herbicides,
• of any Regulated substance solely as fuel in that vehicle o 7 fungicides, end rodenticide■ who apply those substances
s equlpsent fuel tank or'as lubricant in that vehicle or equlpmen a in Zones oni Cl ,) Two (2), ,Three (3), or your (4) shall
is shall be exempt from the provisions of this Ordinance. No General 7 obtain an Operating Permit covering all application
11 Exemption or operating Permit application are required. . . 10 operations using these materials under one permit and
2
1 11 shall comply with all the requirements of Section
11 12 5.02(o-f). •
14 yunaigidee_ andgodentiaiden. The application of those Regulated 37 This exemption applies only to the application of pesticide.,
1• herbicides, fungicides, and sodentioide■.
is Substances used as pesticides, herbicides, fungicides, and)
1
1e rodenticide■ in •recreation, agriculture, pest control and aquatic 15
1t weed control activities shall be exempt from the provisions of this 1e 10.07 lxemotion for yteli/Mhalesala Sates Activitiego
II ordinance provided that! • . 17• Existing retail/wholesale sales establishments in Zone One (1) that
•• (a' in all Zones, the application is in strict oonlormityl 1e store and handle Regulated Substances for resale in their original
unopened containers shall be exempt from the prohibition in lone
1f with the use requirement as set forth in the substances' 1e
I 20 One (1) provided that those establishments obtain an Operating
•} EPA registries and as indicated on the containers One
I 22 Permit pursuant to the provisions of Section 3.02. Items !n
to which the substances arc sold, and
33 (b) in all Zones, the application is in strict conformity) 22 Section 3.02 (g) and (h), 'certification by a Professional Engineer
d� 27 or Professional Geologist registered or licensed••in the State of
24 with the requirements. as set forth in Chapter 4e2 an
Iss /s7, Florida Statutes, and Chapters SE-2 and SE-!, 24 Florida,' and a bond or-letter of credit as set•forth in section •
24 Florida Administrative Code. 35 6.02(d) are not required for facilities in Zones One (1), Two (2)
• I=I
27 (c) In all Zones, the application of any of the pesticides,
i 25 or Three (3), provided no individual container of Regulated
i 77 Substances exceeds five (3) gallons, if liquid, or twenty-five (25)
21 herbicides, fungicides, and rodentioides shall be noted
21 in the records of the certified operator. Records ■half 2e pounds, if solid. ,
29
1e be kept of the date and amount of these substances
30 10.08 $xempticnplor Office Uses. 'Offices uses, except for
71 applied at each location and said records shall be
31 the use of Regulated Substance, for the maintenance and cleaning of
» available for: inspection at reasonable times by the
•
32 office buildings, shall be exempt from the provisions of thin
41
•
42 •
1 . Ordinance. Mo General Exemption or Operating Permit applications I Department inspection at reasonable times. In addition, all other
2 are required.
2 Regulated• Eubitanoes shall not exceed the threshold quantities
2
2 listed in Section 3.01(a). Failure to comply with any of these
4 10.09 £emotion for Construction Activities. The activities 4 requi is shall subject the facility to the full permitting
• of constructing, repairing or maintaining any facility or • provisions for the applicable lone.
• improvemea on lands within Zones One (1), Two (2), Three (3), or • _
7 Four (4) shall be .exempt from the provisions of this Ordinance 7
Section 11. ApECIAL EXEMPTIORS.
• provided that all ' contractors, subcontractors, laborers, •
11.01 An affected person in Zone One (1)or Zone Two (2) may
9 materialmen and their employees when using, handling, storing or 9 petition the Environmental ordlnance'A ppeal■ Board for • Special
10 producing Regulated Substances in Zones One (1), Two (2), Three 10 Exemption from the prohibitions and monitoring requirements set out
11 (3), or Four (4) use those applicable Best Management Practices set 11 in Sections 5.01 and 5.02 in accordance with Section 17 'of this
12 forth in Exhibit D, attached hereto and incorporated herein. Ito 12 ordinance,
11 General Exemption or Operating Permit applications are required. 13.
14
14 11.02 In order to obtain such an exemption such P person must
1• 10.10 Zsemotion for Activities Subject to Regulation Due tQ 11 demonstrate by a preponderance of competent, substantial evidence
14 • Accumulation of Haste Regulated Substances. Activities in Zone Two 14 thati Special or unusual circumstances and adequate technology
11. (2) or Zone Three (3) which are subject to permitting requirements 17• exists to isolate the facilityor activityfrom the potable water
Is of this Ordinance due to their accumulation of waste Regulated 19 • supply. In granting the Special Exemption, the Environmental
19 Substances shall obtain an Operating Permit pursuant to the 19 Ordinance Appeals Board may prescribe any additional appropriate
as provisions in seotion,5.02 or 5.03 of this Ordinance. Items in 20 conditions and safeguards which are n
i y to protect the
21 Section 5.02ig) and (h). and a bond or letter of credit as set 21 vellfield. .
22 forth in Section 6.02(d) are not required, provided that all haste 22
23• ' liquid Regulated Substances are secondarily contained according to 22 11.03 Activities claiming fyacial Exemption with adecuata
24 the conditions described in section 5.02 (a) of this ordinance, and 24 technology to isolate the facility or activity from the notable
21 are removed from the.•site on a regular schedule by a contracted 25 • peter euonl and
Y urotaa the vellfield.
26 hauler licensed by EPA or the State of Florida to handle the waste 26 (a) A Special Exemption application claiming special or
27 Regulated Substances. The accumulated waste Regulated Substances 27 unusual circumstances end adequate protection technology
2e shall at no time exceed fifty-five (55) gallons if liquid or two 2e shall be filed with the Department, , who shall then
29 hundred and twenty .pounds (220) pounds if solid, and the 29 promptly notify the County Attorneys office that such an
2e . accumulation time shall not exceed ninety (90) days. Records of 30 application has been filed. The application shall be
31 removal and disposal of all waste Regulated Substances through the 31 signed by the applicant and Professional Engineer or
32 licensed hauler shall be maintained and made available for 32 Professional Geologist registered or licensed in the
1 43
•
44
. A q) A hydrogeologio assessment of the site ihioh
2 (b) Such application shell contain a concise statement by the 2
shall address, as • minimum, soil
.2 applicant detailing the circumstances which the applican
characteristics and ground eater levels,
4 feels would entitle him or her to an exemption
p pursuant' 4 directional flow, and quality.
• to Section 13.01(a) above.
s (2) A technical proposal to achieve the required!
s (a) A fee as shown in Exhibit C. attached hereto and s isolation including; I
incorporated herein, shall be filed with the application,
a) Components to be used and their individual'
s in addition to the appropriate permit Lees, to defray the s
functions;
costs-of proaissinq such application. '
a b) System tying the components together; I
1e (d) The application for Special Exemption shall contain but 10 . o) A discussion and documentation, such •■
11 not be limited to the following elements4 41
published technical articles, substantiating the
12 (1) A description of the situation at the site requiring 12
performance and reliability of the components
17 isolation from the vellfield, .including, 17
individually and the system as a whole. If the
1i a) A list of the Regulated Substances in use at the 14
is system has not been field tested, • discussion
its/ is and laboratory test documentation to
1s b) A site plan of the . facility including all li
substantiate the proposed performance and
17. storage, piping, dispensing, shipping' etc.,) 17• • reliability of the system,
is facilities; la
• d). Details of the specific plans to install the
1f a) what, operations at the facility involve] 1s
} System at the site.
2e Regulated Substances which must be isolated fro', 2s
(3) Testing procedures. It the proposed system deer moll
11 the wellheads; i 21. � have a proven 'history of successful in-field)
i7 d) The location of all 'operations involving! 22 o eration it saystill be operation, proposed using proven
27 Regulated Substances. 21 component■. A test plan for the system as installed
21 •) A sampling and analysis of the groundwater on! : 21
shall be provided to prove that the proposed system
2s the site of the activity seeking a Special! , 2$ works in the field.
2e Exemption shall be performed to determine if any ' 26 (4) A technical' proposal for backup detection of)
21 Regulated Substances are already present which 127 Regulated Substances that may elude the isolation
2s constitute a threat to the water supply. I20 system and escape to outside a perimeter to be
2f f) An analysis of the affected veil shoving whether : 27 established by Department. Such proposal shall
30 or not such well is already contaminated by any 20 include emergency measures to be initiated in case
21 Regulated Substances and the extent of such! 31 of escape of Regulated Substances.
31 contamination. 32 (s) Criteria for success. Site-specific, stem
P . ■Y
. t
• 41
' Ii ,
1
.
1 •
performance criteria shall be proposed to ascertain_ 1 • . or her intent to either furnish the information or have
the success of the system. Such criteria shall a ��
the application denied. When the application oonlalne
include but shall not be .limited to: ; -
i sufficient information for a proper determination to be
a) Performance; 4 made, the Department shall notify the County Attorney'•
b) Reliability; s office that all documentation necessary to evaluate the
a) Level of maintenance; i special exemption has been received, and shall• promptly
d) Level of Sensitivity to Regulated Substances; 7 transmit all such documentation to the County Attorney's
e) Effeot of rain, flood, power failure or other s office.
•
natural disaster. s
(i) Precautions in event of failure. Applicant shall 10 11.04 grantino of Special Exemotio0a.
provide information on the on-sits availability of 11• (a) Any Special Exemption granted by the Environmental
substance removal technologies sufficient to 12 •
Ordinance Appeals Board shall be subject to the
remediate any introduction of Regulated Substances 13. applicable conditions of Sections 5.01 and 5.02 of the
- into the water table at the site. Where water is 14 Ordinance and any other reasonable and necessary special
1
removed krom on-site wells during the remedial ' li conditions imposed by the Environmental Ordinance Appeals
process a plan shall be proposed for the disposal of 16 Board.
such water. 17.E An Operating Permit shall be issued by the Department
(7) A closure plan shall be provided in the event the IS with the applicable conditions of Sections 5.01 and 5.02
system doss not prove successful in the testing 11 and any other reasonable and necessary special conditions
required by Section 13.02(d)(7) above. • 20 imposed by the Groundwater and Natural Resources
(e) Any other reasonable information deemed y by 21' Protection Board. Such Special Exemptions shall be
22 •
subject to revocation or revision by the Department for
Department dui to site-cpeoitio virowutenoes.
(e) Within thirty (30) working days •of receipt of an 21 violation of any condition of said Special Exemption by
24 first issuing a written notice of intent to revoke or
application for Special Exemption, the Department shall
25• revise (certified mail return receipt requested or hand
inform the applicant whether such application contains
sufficient information for a proper determination to be 26 delivery); Upon revocation or revision, the activity
17 .will immediately be subject to the enforesbent provisions '
made. It the application is found to be insufficient,
. then the Department shall provide to the applicant a 26 of the Ordinance. ,•
' 22 (b) Special Exemptions for Eons one (1) are for existing
written statement by certified nail or hand delivery
20 nonresidential activities only. No new nonresidential
requesting the additional information required. The •
applicant shall inform the Department within ten (lo) 21 activity shall be permitted into Zone 1 after the
working days of the date of the written statement`-of his 77 effective date of this ordinance if the new
7
47 46
2 ) any Regulate facility/operation modifications and whether the
d substance.
2 facility may poteniialiy qualify for an exemption
Section 12. pETITION FOR CONFRMSAT2ON. under Section 13.02. Bailed upon such
it ( 4 recommendations, the Board of_County Commissionere
(a) Parties effected by the requirements of this Ordinance
e may deny such petition. .
a may petition the Board of County Commissioners for a
(d) As soon as practicable after submission of a petition for
s determination am to the effect of said ordinance on those
7 compensation, but no later than ninety (90) days, by en
s activities and the issue of compensation.
a owner or operator bf an activi
II , (b) Such petition shall be filed with the Department. ty, the Doard of County
I Comsissioners'ahall hold a hearing to determine the
le (c) Such petition shall contain, as applicable, the
II followings 10 eligibility of the activity for compensation pursuant to
11 this Section. Petitioner shall be given written notice
if •
(1) A copy of the closure permit required by Section
12 • by certified mail or hand delivery of such hearing et
12 5.01 of this Ordinance or the required operations
• 12 least thirty (20) days prior to the hearing. Formal
14 permiteshoving the change in operation.
14 Rules of Evidence shall not apply to such hearing, but
IS (2) AA analysis of the need to cues, move, or change
an
is operations including I IS fundamental due process shall be observed and shall
ng a summary of, alternatives
It govern the proceedings. Petitioner and the County shall
is, investigated and estimated costa of those
17•. have the right tot
IS alternatives.
ie (1) Call and examine vitnsssest
le (3) A list of all previously-issued notices of violation
13
(2) Introduce exhibits(
Is by the Department, Department of Environmental
2° (3) Cross-examine witnesses on !ny relevant matter,
2i Regulelion or the'Environmental Protection Agency
21 (4) Rebut the svidencefland
21 regarding use' of Regulated Substances including a 22 (5) Be represented by Counsel.
22 description of any corrective action taken or
24 pending. 23 (a) Criteria for determination of eligibility for cessation
• 24 or moving of operations. In 'determining \Whether1
28 (4) Detailed specification of the amount for which
2i petitioner is eligible for compensation, the Board of
se compensation is being requested.
24 County Commissioners shall considers
2s (5) The Department •hall review all 'petitions for
27
(1) Whether a reasonable, cost effective'alternative to
22 • compensation end make recommendations to the Board
21 cessation or moving of operations exists for
29 • of County Commissioners regarding the reasonableness
23 complying with this Ordinance, including
of any amounts requested by the petitioner, whether 30 reconfiguring of the vdllfield. Applicant, with the
31 the requested compensation consists of amounts
31 cooperation of the Department and the affected
33 greater than the cost of any reasonable I
72 public utility, shall address the issue of
4f
1 so •
I
•
•
1
I
reconfiguration; -
1 7) the additional costs which would have to be
. (2) Whether the requirements of this Ordinance were the
n
2 • incurred to move the activity due to changed
sole reaso for cessation of the operation/
(3) Past environmental record;
24 circumstances or applicable laws,
ordinances, or regulations;(4) Efforts to mitigate financial impact of this
a s) any louses caused by the necessity of
Ordinance and these corresponding regulations.
• terminating • lease, such compensation not
(f) Criteria for determination of • eligibility for
to exceed three (3) months, rents Landlord
compensation 'for change -in operations. In deciding a
and tenant are required to make a bona fide
whether petitioner is eligible for compensation for n
effort to mitigate this loss. This
change in operations, the Board of County Commissioners
10 compensation shall be paid to either the
shall considers •
(1) Whether the proposed31 • landlord or the tenant, to be decided by
change is i reasonable, cost 12
'agreement between the landlord and tenant.
effective method for complying with this Ordinance
13.
7 b) The costs in n)1-7) above shall be supported pported by
s 14 two (2) itesiaed and sealed bids and a detailed(2) Whether t1)e.requlresenta of this ordinance were the la -
listing of the items. The amount to be paid
sole reason for the change in the operation.
16 . shall not exceed the lower of the two (2) bide.
(q) Classes of impact for which compensation may be granted. 17
In order to verify such information, the
(1) Amami Reasonable R le-a ion tmnaee le Department shall have the right to enter the
a) The owner or operator of an affected activity 1, activity's
y premises at reasonable times. Ouch
may be paid the actual reasonable cost of a 20 bids and detailed listing of the cost shall be
relocation within Palm .Beach County. :such •
21, verified by the Department.
amount to include the cost oft
22 o) Self-Moves. In the case of a self-move the
1) dismantling operation; 22 owner of a relocated activity may be paid the
2) actual moving) • 24 lower of two (2) sealed and Itemized bids from
3) reassembling equipment; •• 25 licensed moving companies based on a detailed
4) installation of equipment: 26 lilting of the cost.
• 5) internal connection of 'utilities to 27 (2) aatun LReasonabt a Modifications?oteration Renames.
equipment; 24 The owner or operator of ari affected activity may be
s) minor modification of site to accommodate 29 •
paid the actual reasonable expense to modify the
operation, specifically excluding structural 20 operation of the activity in order to comply with
changes to the building or paving and 71 this Ordinance. Such amount to include cost oft
drainage requirements at the site; 22 a) modification of machinery; .
` Si
52
b) di■mantling and moving unusable machinery; I
2 a) unsalvageable inventory1 location less its net proceeds at the sale,
per section 14(g)(7)
below; or
4 d) move 3 2) The estimated cost of moving the item to the
ng equipment out of a Zone one(l) on the
s activity's property per Beotion 14(g)(1) above. 4 replacement site within the geographic
s boundaries of Palm Beach County.
(2) )Actual Direct Losses ouanoible Personal Property.
Actual direct losses of tangible c) If a ■ale•is' not effected because no offer is
ng personal property •
• are allowed when a person closes or relocates an 7 • received and the item is abandoned
payment for
s 'activity.' payment may only be aide after a diligent , the loss may be its fair market value for
is effort is made 5 continued use at its existing location plus the
by the owner to sell the item(-) '
11 involved. 1e costs of the attempted sale, less the
11 11 equipment'■ salvage value.
a) If the activity is to be re-established and an
12 12 (4) Ib Lieu of actual Roving Euosnseq. In lieu of .the
item of property to be used therewith is'not
14 17' payments described in Biotiut promptly replaced with a. comparable on 14(g)(1-3) an owner of a
1s moved b,it14 discontinued activity nay be eligible to receive al
em at the new site, reimbursement shall be
1e eithert 15 payment equal to seventy-five percent (731) of the;
14 • estimated reasonable cost of moving the activity within'
72• 1) Replacement poet, taking into account
17• • 'Palm Beach County, except that such payment shall not be
1e depreciation, lose the prowieed■ of the sale.
1e more than the lower of two (2) sealed and itemised bide, •
III Present value based on accepted standards.in!
7s I, provided the following requirements are met;
the related business community may be
20 • a) For the owner of an effected activity to be entitled
sk substituted !or'net proceeds.of a sale where
to this payment, the County or its designee must
22 applicable, or •
22 determine that the business cannot be relocated
2s 2) Estimated cost of.moving the item to'the
27 without a substantial loss • of its existing
s4 replacement site within the •g ographic 24
as boundariespatronage. Buoh determination shall be made by the '
of Palm Beach County. I
25 • County or its designee only after ooneideration of
20 b) If a process at the activity is being
26
all pertinent circumstances, including but not
27 discontinued or an existing item is not to be
27 limited to the following faotorst
se replaced in a re-established business, payment
1e 1) The type of business donduoted,b the displaced
„ • will be eitherty.
25 activity.
as 1) The difference between fair market value as
30
71 . evidenced by two (2) written appraisals of 2) The nature of the clientele of the displaced
13 activity.22 the item for continued use at its prior
72 2) The relative importance of the present location
• e7
24
1 to the displaced activity.
2 i • 1) Cost of preparing the petition for compensation.
4) irie.addltional costs which would have to be = •
3 2 (6) Palk Beach county shall disperse •i ht five
incurred to cove the activity due to changed g y� percent
4 (e81) of the compensation to be paid as determined by the
circumstances or applicable laws, ordinances, or 4
s regulations. Board of county Commissioners• !n advance of any move or
S s • change of operation. Palm Beach County shall retain
b) Owner or Operator Must Provide Information. For the
fifteen percent (1St) of the monies authorised a■
7 owner or operator of an affected activity to be 7 compensation for aaonomio impact of this Ordinance until
• entitled to his or her went, information must be
• ' much' time as the affected activity has carried out the
t provided to support the estimated moving costs.
f • procedures outlined in its petition for compensation and
ie. Such proof shall consist of two (2) sealed bids from
is provides evidence of such expenditures.
11 - licensed moving companies based on a detailed
li' (7) Upon receipt of payment of compensation as provided in
is inventory of the items which would be Roved.
• is this Ordinance, the recipient shall execute • release In
22 (5) ysolneiene on Moving Expenses and Losses. The followin
g 11• favor of Palm Such County from any further obligation to
14 expenses' are considered ineligible for payment as 34 the recipient with regard to the economic impact of this
is saatwby moving expenses'
is Ordinance on the recipient or activity.
is a) Additional expenses incurred because of moving to 24
17. • and living in a new location includin
g search cost 17•. Section 12. TRAt1Rrrg.
is for finding a new dwelling.
is In the event, there is a change of ownership, anew lease, or an
If b) Cost of moving structures, improvements or other
if assignment of a lease, a sublease or any other change in regard to
IS real property in which the displaced activity 20 •
the person conducting the operation regulated, the Department uhall
21. reserved ownership.
21 be notified and upon payment of'the appropriate fee and completion.
22 0) Significant ohatges_ in building structure but not
22 of..processing of an application by the Department, the Welifield
22 including ninon` electrical, plumbing or carpentry 21
Protection Operating Perwlt shall be transferred.
24 work.
24
2s d) Cost of inprovesent to activity cede after such 2s
Section 14. IBADE stCEZIA.
is activity was'on notice that it is affected by this 24 .
The .Department shall not disclose_any trade secrets of the
i7 Ordinance and would have to cease or alter en 27
applicant or permittee that are exempted from Much disclosure by
is operation in Zone One.
2e - Federal or State laws provided, however, the burden shall be on the
H •) Interest on loans to cover moving expenses.
29 applicant or permittee to demonstrate entitlement to such
to f) Loss of,goodvill.
30 nondisclosure. Decisions by the Department as to such entitlement
11 g) Loss o;Ibusines• or profits or both, 21 shall be subject to challenge by the applicant or permittee by
12 h) Loss of trained employees, filing q a petition with the Environmental Ordinance Appeals Board
ss
•
SS
A raliur• to comply with the requirements of 1 of the date upon which the petitioner receives notice of the
this Ordinance or any 2
a .p■rait, exemption, or approval ] department's actions with respect to section 17.01(a),. or
granted or authorised hereunde
4 shall constitute a violation of this Ordinance. Violations of the 6
7
S intended action with respect to 17.01(b). Failure to file
s provisions of this Ordinance shall u within such time shall constitute a waiver of the per■onts
pon oonviotion, be punished by e
a a fine not•to exceed two hundred fifty dollars f right of review by the Environmental Ordinance Appeals Board.
7 (�280.00) per day to
a for a first violation, 1and five hundred dollar. 11 The filing of a petition authorised by this section shall stay
f13
(OD00.00) per day 12
to •!or epeat'violationl In addition to the sanction, contained 13 all proceedings withn respect to all matters which are
11
•
13 hbrain the County may take any15 contained in the petition until there is a final
13 ' other •ppropriate legal action, 16
is including but not limited to, administrative action and requests 17 decision of the Environmental Ordinance Appeals Board.
is
19
16 for temporary and permanent injunctions, to enforce the provisions 20
17
1e of this Ordinance. It is the purpose of this Ordinance to provide 21 17.03 pjy!ev. The decision of the Environmental Ordinance
19
20 additional cumulative remedies. - 23 Appeals Board, shall be final administrative action on behalf of
21 2�
22 25 the Department and the County. Any parson who is a party to the
26
23 Section 16. GROUNDWATER AND NATURAL RESOURCES PAOTECTIO 27
34proceeding before the Environmental ordinance Appe•li Board may
H
26 1st/inn. 1 20
16 • 29 appeal such final action by tiling a petition for writ of
30
17 The Groundwater Ind Natural Resources protection Boardshall ]1
1e• certiorari in the Fifteenth Judicial Circuit, in and for Palm Beach
19 hear alleged violations of this Ordinance if there has bean a ]]'
1eI
County, Florida.
31 failure to correct a violation or if the same violation has been ]s
33
33 repeated. ]a Section 1arum. p nPACN COUNTY POLLUTION RFCOVRAY Tsg/ZJtrll
34 37
11
]E Funds collected pursuant to administrative penalties levied by the
14. section•17. EHVIROHMEHTAL ORDINANCE APPEALS BOARD. �p 17 Groundwater and Natural Resources Protection Board for violations
1s 17.01 natters for review andre for filing.time �i•
If 42 of this Ordinance shall be deposited in the palm Beach County
•
43
10 Any person may appeal to the Environmental Ordinance Appeals Board 44
11 pp Pollution Raaovely.Tru■t Fund.
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11 for the following reasons,
11 464 •
19 (a) To appeal the Department's permit condition■, denial of 46 section 19. REPEAL OF LANs TN CONFLICT.
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1s 49 • All local laws and ordinances applying to the unincorporated and
a permit, General Exemption or non-disclosure of • trade' so
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I. secret. S1 incorporated areas of Palm Beach County in conflict with any
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Is • (b) To appeal an -intent to revoke or revise an Operating I s� provisions of this Ordinance are hereby iep■aled�to the extent of
11 ' ss any conflict. Zn addition, this Ordinaries repeals and supersedes
la permit and a General Exemption, or/
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If (c) To request a Speolal_Exewption. I 37 Palm Beach County Ordinance numbers BB-7, 89-12 and ae-]f. All
,s SO
16 1 59 actions taken pursuant to the provisions of these Ordinances shall
17 17.02 Time [or filing. Written s0
�apetitions for review shall 61 continue to be effective under the authority of this Ordinance.
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4be filed with the County Attorney's Office within twenty (20) daYs s] 1
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1 r• Section 20. B£VrRABILI?T.
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3 If any section, paragraph, sentence, clause, phrise, or word of
Wt1BIT 'A'
S Ordinance Is for any reason held by the Court to be
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g Caner!. Sub.teea List
unconstitutional inoperative or void, such holding shall not affect
• * Acid and basic cleaning solutions
dero! thisOrdinance. * Ant!lrise, and coolants
f the rwin
is • Arsenic and arsenic compounds
fl * Bleaches, Peroxides
22 Section 21. THCLUSION IH THE CODE OF LAMB AND ORDINANCES. ' • brake and transmission !!olds
� • Brine solution
14 The provisions of this Ordinance shall become and be'made a part-of * Casting Bad Foundry sealant
if Caulking* agentss and sealants
is the code of laws and ordinances of Palm Beach County, Florida. The * Cleaning solvents
1I Corrosion and rust prevent on selntlons •
1s Sections of the Ordinance may be renumbered or relettered to * Cuttingeas fluids
1f * Degreasing sogvnta `
2e accomplish such, and the word 'ordinanoa• may be changed to * Olalnfeet■nta
1 * leplosipls!!ng solutions •
23
b •section,• marticle,m or any other appropriate word. * Fertilisers24
• Fire fntingulshing chemicals
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25 Section 22. ZFFEC TVE DATE, • Food p ins wastes
26 * Formaldehyde
27 The provisions of this Ordinance shall become effective upon * Fuels and additives
sS * Clues, adhesives and realm
_� receipt of acknowledgement by the Secretary of state. * C
* Hydraulic fluid
21 APPROVED AND ADOPTED by the Board of County commies!. f Pals a 1ndLeat•rs
22 • Industrial Bad 'gametal janitorial supplies
li day of July 1f 91. * Industrial sludges and stillbottoms
33 Beach CoantY, Florida, on the
2� Inks, printing end photocopying chemicals
22 PALM B COUNTY, FLORIDA BY ITS * Lab rd chemicals
2g UN
BO COTY CO14lI8820NER8 * Liquid storage batteries
77 Hedlcel, pharmaceutical, dental, veterinary and hospital solutions.
as • * Mercury and mercury compounds
30 • Metals finishing solutions
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* Paints, primer., thi , dyes, stains, wood preservatives,
41 iRaR
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at • varnishing end cleaning compounds
* tainting solvents
44 , APP•�`ED AS TO D • • • PCBs
�` 6uH� .A / JOHN B.DUNKLE,Cgtr+K ' •* Pesticides and herbicides
tf L1�„ . (� . -1/ oi County i * Photo development chemicals
Plastic rosins, plasticisers and eslalysls
u County Attorney .!.5..•) * • Potion •
• IIEFVTfCLEAS * Polish.s
Pool chemicals
SO
fl • Processed dust and particulates
52 * Radioactive sources
* Reagents and standards •
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!N * Refrigerants
SS * Roofing chemicals and sealers
si Acknowledgement by the Department of State of the Stara of * aanitlr.rs, disinfectants, bactericides and alg.eotdee
0Florida on this, the day of , 199_. * Solder detergent, and quttadeants
Ss * Solders anndd fluxes
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SS EFFECTIVE DATE1 Acknowledgement troy the Department of * Stripping compound,
60 State received on the day of Tanning endseruey chemicals)
81 la, and filed in the off os of the Clerk of the Board of County * Transformer e aterotreatment chemicals
62 Commissioners of Pala Beach County, 'Florida. Rater and wastewater treatment ehssteala
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EXHIBIT "l' **IiLiIT ••o• •
Operating and Closure Permits* •Pee sohedels •
1. yguLilat,D�noTEOTIQ 119 6 A� �Ii 1Qed�` All
appl cent• for a Nslitield Protection operating Permit shall pay a
non-refundable tiling Lee according to the following sehedula,
Yan!"1 Zani..1 Una-1 yellflsld long bZII1 fee
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1 or 1 li0 •
Cash Dowd #20.000 $10.000 3 $310 •
63.000 d 1775
The tiling Lee shall be paid prior to acceptance of the permit
appllostlon for review. The fee shall be used to defray the cost of
. administering this ordinance.
Permit lend with $20.000 $10,000 $3,000 _ .
Corporate Surety
• applloants mit llor,IT a0per. t toelm lapp�yEpest pesticides 1aQY 11t�old A11 hell
pay a non-refundable filing Lee in the amount'of $110 The tiling foe
• . shall be paid prior'to acceptance of the permit application for
review. The fee shall be used to defray the met of administering
Letter of Credit $10,000 $10.000' $3,000 this Ordinance.
7• SLQ3I15 fgRX1? P!I All applicants for a closure pewit shall pay a •
fee equal to one-half (1/7) of the fee for the Hslltield Protection .
* Amounts reflected in this table are for each Operating and operating Permit Jlpplleatlon.
Cl Permit issued and may be adjusted by the Palm leach • 4. P H1T TAAMcP n FIB -- The tee for transfer of any vellfield
County Department of Environmental Resource's Management. tloc Operat asqq Permit. permit to appply pesticides or closure
eermit shall be Li[tr dollars (ISO) to defray the cost of prooegeing
the transfer.
S• ptl P gN T pLMZMM_Z11( -- Beginning October 2. 1f20..all
arm se■ •ha 1 pep-an mensal permit 1 fee for each permitted
• ' facility to defy y the coats of administering this Ordinance. The
.fee shall be geld according to the following sohedele,
gutliold lank
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ions i fp�l
lone 2 100
tone 3 72 ' .
lone
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Permit to Apply Pesticides ]i
All permits issued prior to September 30. 1ff0 are aubjemt to en
• _ annual tee for the year beginning en the following Oetaher 1. Any
permits issued in subsequent years are subject to an annual fee the
following October 1.
S. EitiEOTAL ESEMPT100 FEE -. Any person seeking a special exemption shall
pay ■ fee ef $200 to defray the cost ef processing the request. in
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addition to any appropriate permit fees.
• 7. QEHEM. EXTRyT10(( FEE -. Any person seeking a general exemption
• . pu t to Section 12.02, 12.03 or 12.010shsil pey a fee of $100 te
• defray the cost of p Ing the request, in addition to the
appropriate permit Lees.
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• • I. wowFAOT4Ti1ES •• Facilitiee existing prier to the adoption of this
fee eehedule shall have a minimum Permit Application Fes of twentyfive
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($25) dollars up to 2300 square feet of space in phich the permitted
activity occupies. Facilities greater then 2300 square feet wail be
charged five ($5) dollars per 1000 square feet with a maximum fee of Five
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t Hundred MOO) dollar.. A late•fee of tventy•fivs.(023) dollars shall
be charged it the application for permit is late.
O. 1d7E FE! -- A fee of ten percent of the application fee or a minimum of
twentyflve ($23) dollars for annual renewals shell be charged if the
application for permit or annual renewal fee is lats. Should the
application with fated fear not be provided within sixty (10) days
from the date due, than additional lots fees of Fifty Dollars ($50) per
month shall be charged until the applieatlen and fees ace received.
Sil1ISI7 'D' MUM •F•
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MINIMUM STANDARDS VCR OSNSR PIPI FITTINGS, COATIN05, and LlAMAO!
'Sett Maaagene.t Practises' for the Conetru.ti.n Industry SisTt,w,
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A. (motile Iron Pipes and Pitting, tar Orrivity sever and pores Main
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A. The general Con Appllo.tlon,
S . or if new, the property owner, shell be .
responsible for assuring that each contractor or subcontractor 1. Ductile Iron pips shell oonformu to the edquleemdnte of
evaluate. each site before construction Is initiated to determine If ANat/ANMA u pipe21•al-6a unless °therw k,, noted on the
any site conditions may peso particular problems for the handling •I in. o• The I shalllebe Class SO thickness for eprps I
any Regulated Substances. Per lnatawe, handlingRegulated n. or glands In false and alajs nt for pipb sofldur thane
Substances in the proximity 6 In. glands roe meohsnlaal joints shall be of ductile
p ty •t rats: bed!•. or wetlands may be iron or oast iron.
!.peeper.
2. Fitting. shall conform to the requirement. of ANTI/ANNA
S. It any regulated substances are sbrsi on the consternation site r 0110/A11.10-A7. Pltting. 12 in. and smaller shall have a
during the construction proem. they shall be stored in a location 2s0 psi minLeua working p .
and memoir which will minimise any possible disk of eelsses to the
2• slanged ductile iron pipe shall be Clsre'S7. flangedenvironment: Any storage container of 53 gallons, or 440 pounds, or ductilees iron pip and (Mingo shall have threaded
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more containing Regulated Substances shall have constructed below it flangconformes, otherwise noted on the drawing., end •
an lmpervl.us s•ntainca.t system Dena trusted •I materials of shall shall el to 60. ANNA C11S/AAlliabov All grades flans
soffielent thickness, density and composition that will prevent the shell be flatsfaced�s abSthey e1*stingp to flanges
discharge to the land, groundwater., or surface waters, of any existing, or o l specified,red rubber.sed flanges. AL1
pollutant which may emanate from said storage container or gaskets shall be full faced 1/S•
centalners. Each containment system shall be able to coneein 150I of
' Joints sal
the soutanes of all storage eintainers above the containment system. 4. 0111/A21.11-Sa conform to the regelscmcnte of ANst/J1NNA
O. Saab •eatreeter shall familiarise him/herself with the manufacturer'. B. Polyvinyl Ohlorlde Pipe (PVC) and Pitting' for oesvlly and sewer
safety data sheet supplied with each material containing a Regulated Pores Main Applloatlenat
Subatomic. and shall be familiar with procedure. required to contain '
•end clan up a rcl f the Regulated Substance. Any tools or •
1. Oasketed delnt,plpsl
equi.e.ut necessary to acue.pli.h same shall be available in case of _ a. Pipe 4 in. primmer in diameter shall conform to the
• release.
requl to as set forth in ANIIA C900-61 with dimension ration DR
le. Provisions must be made for contraction and expansion at sash
D. tlpen eempletie. •[ construction, all unused and w Regulated joint, or with rubber ring and an integral bell as pact of each
• Substances and containment system. shall be removed from the joint, or fromby a rubber ring ursr.d ownppipe. oduct kbe materials .
eon.tru.tien site by the responsible eanteeeter and shell be disposed Pitting, shall beecastworoductile iron. ripe°shallenmar as uIro
of in a peeper manner as p ibed by law. pipe equivalent omtside dimensions. shall have east Iron
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' Commercial standardlo5 35iland ASTN 0-en 4 22141,t dProvisions shallter shall conform is
made for contraction and es eneion at each joint with a rubber rime,and an integral bell as part of each joint, or bu s rubber ring
sealed coupling. Pipe shall be made rom 5DA 21. 200 pal clean,
virgin Nap approved Type I. Grade 1 PVC conforming to ASTN D-1154.
clean reworked material generated from the manufacturer's own pipe
production may be used. Pitting, for pipe smaller than 4 In. In
diameter shall be PVC.
C. Coatingsps,, •The lining material for ductile iron pipe and fittings shall be
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inert tiili[tand with clene ultic eing nttcarblon/blink tori istpulleavloi.t rays
• during aboveground storage of the pipe and fittings. The polyethylene
shall be bonded to the interior of the pipe or fitting by heat.
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• D. Leakage Tests, The test shall be of two (2) hour duration. ' During the '
teat, the pipe being tested shall be maintained at p f not less
• that 150 pea. Leakage ie defined as the quantity of water added to the
- pipe being tested during the test period. No pipe installation will be
accepted !f the leakage da the quantities specified in AMMA C-600, •
section 4.2.. No more than S00 feet of gravity ■ever main-or 1000 feet of
force main shall be tested at one time.
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:tit. Manholes, Manholes shall be precast end coated with an inert
impervious material. Manhole inlets and outlets shall be tightly
sealed d the pipe and coated to p t leakage.
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