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Home My WebLink AboutDocumentation_Regular_Tab 9I_8/13/1992 _:E:71-- ►; " yLp � V VILLAGE OF TEQUESTA s� IFQUEf aF ; /41 (14,14 lip BUILDING DEPARTMENT S9 v '��\ ;�9 Post Office Box 3273 • 357 Tequesta Drive L-4, JUL 3019 0`f • 4 Tequesta, Florida 33469-0273 • (407) 575-6220 �1(�6E 92® co FAX: (407) 575-6203 \çOF4cEs9 _. MEMORANDUM TO: Thomas G. Bradford, Village Manager p FROM: Scott D. Ladd, Building Official !!!5- DATE: July 30, 1992 SUBJECT: Adoption of latest version of the Palm Beach County. Wel if field Protection Ordinance, Prd. 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. SDL: i mm . Attch. • Recycled Paper • I 1 production and storage of certain deleterious substances which may • S. ORDINANCE NO. S1-21 Z 2 ' impair present 'end future public potable water supply wells and 3 1 1 wellfielde. 6 . '' AN ORDINANCE OF THE BOARD OF COUNTY COHHISSIONERS OF :1 a PALM BEACH COUNTY, FLORIDA, ENACTED TO PROTECT EXISTX;;O 4 I 7 AND FUTURE POTABLE WATER SUPPLIES) TO BE known AS TI(d • B PALM BEACH COUNTY WELLFIELD PROTECTION ORDINANCE; S _ NON THEREFORE, BE IT ORDAINED BY. THE BOARD . OF COUNTY 1 PROVIDING FOR SHORT TITLE APPLICABILITY, AND ;! 10 .CONSTRUCTION; SETTING FOR THE LEGISLATIVE INTENT; 6 'i: COMMISSIONERS OF PALM BEACH COUNTY, FLORID& that, 11 PROVIDING FOR DEFINITIONS; PROVIDING FOR NAPS OF ZONES OF • 12 INFLUENCE; PROVIDING FOR RESTRICTIONS WITHIN ZONES OF 7 13 INFLUENCE; PROVIDING FOR PERMI?S; PROVIDING FOR THE ' 14 PROTECTION OF FUTURE WELLFIELDS; PROVIDING FOR THE a Section 1. SHORT TTTLEI APPLTChSTLITYI CONNSTRUC'TTQM& • 16 DETERMINATION OF LOCATION WITHIN ZONES; PROVIDING FOR THE 16 APPLICATION. TO NEW ACTIVITIES AND RESTRICTIONS ON THE s • 1.01 This Ordinance shall be known as the 'Palm Beach County 17 ISSUANCE OF BUILDING PERMITS AND OCCUPATIONAL LICENSES; is . PROVIDING FOR GENERAL EXEMPTIONS; PROVIDING FOR SPECIAL to Wellfield Protection Ordinance." 11 EXEMPTIONS; PROVIDING FOR COMPENSATION; PROVIDING FOR TILE . 20 TRANSFER OF THE REGULATED ACTIVITY; PROVIDING FOR TRADE 12 • 21 SECRETS; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND • . 22 PENALTIES; PROVIDING FOR ENFORCEMENT BY.'THE GROUNDWATER 12r 1.02 All provisions of this Ordinance shall be effective 23 AHD NATURAL RESOURCES PROTECTION BOARD; PROVIDING FOR 24 REVIEW BY THE ENVIROID4EIIYAL ORDINANCE APPEALS BOARD; 13 within the incorporated and unincorporated areas of Pals Beach 26 PROVIDING FOR THE PAIN BEACH COUNTY POLLUTION RECOVERY 26 TRUST FUND; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; 14 County, Florida, and shall set restriction■ constraints and 32 . PROVIDING FOR SEVERABILITyy PROVIDING FOR INCLUSION Ill 28 111E CODE OF LAWS AND ORDINANCES; PROVIDING FOR Alt prohibitions toprotectpublicP 21 EFFECTIVE DATE. 11 present and future potable water 30 14 supply wells and wellfields•from degradation by contamination of 31 _ • 17 deleterious substances. 32 WIIEREAS, most of Palm Beach County's potable water supply 22 is obtained from looalized shallow aquifer sources, and 1■ - 34 WHEREAS, it is acknowledged that inappropriate development `11 • 1.03 This Ordinance shall be liberally construed to MIand land use contributes to degradation of groundwater quality, and 2a effectuate the purposes set forth h■rein. 24 WHEREAS, there is a need to protect the existing and future 21 • ' 37 potable water supply source■ of-Palm Beach County from degradation 22 section 2. LFoT4f.ATT E TNTENT,, 38 and from the intentional or unintentional introduction of 23 2.01 The intent and purpose of this Ordinance is to protect 31 deleterious substances into such sources, and 24 and safeguard the health, safety, and wailers of the residents and 10 WHEREAS, it is the intent and policy of the Board of County 21 v!■itors of Palm Beach County, Florida by providing criteria to 41 Coamissi f Palm Beach County, to ensure under this Ordinance, 26 regulating and prohibiting the use, Handling, production and • a2 the continued health, safety, welter, and quality of environment' 27 storage of certain deleterious substances vhich.nay-ispair present 43 for the residents of and visitors to Pals Beach County, and • 26 and future public potable water supply wells and wallfields. 44 WHEREAS, the Board of County Commissioners has the authority' 21 • 46 under the.Palm Beach County Charter to adopt a countywide ordinance .30 2.02 The' Generic Substance List attached ' hereto and as , relating to the protection of wells and wellfields by providing' 31 incorporated herein as Exhibit A, is provided for informational es criteria for regulating and prohibiting the use, handling, 72 purposes and may be revised from time to time by the Department) 3 ' • 4 1 • 1 1 (n) Generic Substance list Those general categories of 1 + • the criteria for which Cr. set forth under Section 6 of 1 2 substances set forth in Exhibit A attached hereto and 2 this Ordinance. 3 , incorporated,herein. 3 (v) percolation Pond. An artificial impoundment similar to: 4 (o) Groundwater, Water that fills all the unblocked voids of a a holding pond for wiiioh the design and operation 6 underlying material below the ground surface, which is s provides for fluid losses through percolation or seepege.I 6 the upper limit of saturation, or water which is held in 6, (w) Eeroofl Any individual public or private corporation4 firm, association, joint venture, partnershlp4 7 the unsaturated sone by capillarity. +r ee Pro ea io D That a municipality, governmental agency, political subdivision, 6 (p) rit9slndwater and Watural Res ) • Board designated by the Board of County Commissioners of public officer, owner, lessee, tenant or any other entity' 16 Palm Beach County, to hear alleged violations of this 1° whatsoever or any combination of such jointly o 11 ordinance and other state and local laws protecting the 11 severally. 12 (x) potable Water. Water that is intended for drinking, 12 groundwater ind natural resources of the County. la (q) 1•aboratorv. A designated area or areas used for testing, 11• culinary or domestic purposes, subject to compliance with 14 researchy experimentation, quality control, or prototype 14 county, State or Federal drinking water standards. i 16 (y) public Utility. Any privately-owned, municipally-owned, if construction, but not used for repair or maintenance 16 County-owned, special district-owned, or State-owned 16 activities (excluding laboratory equipment), the 11' manufacturing of products for sale, or pilot plant 17'• system providing water or wastewater service to lhe1 i IS testing. 16 public Which has at least fifteen (15) service! le (r) Tend Annlication. 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 2e individuals daily for at least sixty (60) days of the 21. the•ground through spray irrigation, land spreading, or 21• year• 1 22 other methods. 22 (a) peaulated Substances. 23 (s) Lonresidential Activity. Any activity which occurs in 21 (1) Those deleterious substances an contaminants, including• 24 a..y building, structure or open area which is not used 24 degradation and interaction products which, because otl 2i • quality, concentration, or physical, chemical (inoludingi 26 primarily as a private residence or dwelling. 26 (t) One Foot Drawdown Contour. The locus of points around a 21 ignitability, corrosivity, riaotiveness and toxicity), or'l 27 well or wellfield where the free water elevation is 27 • Snfeotioue characteristics, radioactivity, mutagenicity,I 26 lowered by one (1) foot due to a specified pumping rate 2° carcinogenicity, teratogenioi�y, bioaccumulative effect, 22 of the well or weilfield. 25 persistence (non-degradability) in nature, or any other 2a (u) Ooeratina Permit. The permit required of certain 20 characteristic, may cause significant harm to human 31 activities under Section 5 of this Ordinance to operate, 21 health and environment (including surface and • 12 the criteria for which are set forth under Section 6 of 22 groundwater, plants, and animals). . 7 8 . • I shall Include, but are not: 1 of the regulated Substance present In a solution. or z limited to, those substances set forth in the lists, as! 2 • amended from time to time, entitled Lists of Hazardous 2 mixture of maid substance with other substance■ shall be determined by volume percent composition of the Regulated 4 Wastes .(40 CFR Part 261, Subpart D), 40 CFR, Part 261, 4 Substance -' s Appendix v1ZI-Hazardous Constituent, end SP11Designation s � provided that the solution or mixture . containing the Regulated substance does not itself have s Reportable Quantities and Ratification Requirements for any of the characteristics described in Section 7.01 (a) 7 Hazardous Substances Under CLRCLli (40 CFR 302, effective 7 (1) above. ' s July 7, 19e6)1 provided; however, that this Ordinance' a (aa) Retention or Detention Pond. Any pit, pond, or shall_ only apply whenever the aggregate sum of all f excavation excluding canals of conference which oreetee 1s ouantitie■ of any one Regulated Substance at a given 10 a body of water by virtue of its connection to 11 teai.lty/building at any one time exceeds Live (5) li groundwater, end which is intended to receive stormvater. 12 gallons where said substance is a liquid, or twenty-five 12 (bb) 8D11],,, The unpermitted release or escape of a Regulated 17 (25) pounds where said substance ie a solid. 11 Substance, irrespective of the quantity threshold■ in 14 14 Section (z) (2), directly or indirectly to soil, surface 1s The Ordinance shall also apply if no single substance 1e inters or groundvaters. 241 exoeeds the above reference limits but the aggregate sum1 111 (co) Dtormwater Treatment Yolum. For commercial or 11 • of all Regulated Substance■ .present at is'• industrial ndustrial properties, one half (1/2) inch of runoff 1s facility/building at' any one time exceeds one hundred! 1e Calculated over the entire project area excluding camels 19 (100) gallons if said substances are liquids, or five, 19 and. lakes. For residential. properties, one half (1/2)!h hundred (500) pounds if said substances are solids. ! 20 inch of runoff times the percentage of all impervious 22 . 21. I 22 " surfaces. • Where Regulated Substances are dissolved in or mixed with! 22 (dd) i)tillty. A public utility, power company or telephone 27 other non-Regulated Substances, onlythe actual quantity! q 22 company which serves the general public. 24 of the Regulated Substance present shall be used to! 24 (se) . Well. Any excavation .that is drilled, cored, bored, 21/ determine compliance with the ! 2s provisions of this! sashed, driven, dug, jetted, or otherwise constructed 26 ordinance. 26 when the intended use of such excavation is to conduct 27 127 groundwater from a source bed'to the surface by pumping, 26 Where a Regulated Substance is a liquid, the total volume) 2e natural flow or other method. • . or 29 (ff) Helltield. An area of land which contain, one or more 29 of the regulated Substance present in a solution 16 mixture of said substance with other substances shall bel J0 than one well for obtaining water. 21 determined by volume percent composition of the Regulated 21 (gg) Zones of Influence. Zones delineated by ieo-travel time 22 Substance, provided that the solution or mixture) 32 contours and ho one (1) foot drawdovn contour within • ' ! io . a cones of depression owell• which obtain water from th I 1 using finite difference computer modeling techniques that • unconfined or ■urficial aquifer system. These scones are 3 incorporate the effects of an extensive canal system and Year 2010 • calculated, based on the rate of movement of groundvaters build out pumpage rates. The pumping rates were determined by in the vicinity of wells at a specified pumping rate. 4 • first ro satin P j q population figures for the Year 2010 for each s (hh) Zones of.infinance Hans. Aerial photograph■ at scales S public utility servioi area and multiP Y 1 in this bye • determined by the Department showing the location on thel • 9 consumption rate determined by the South Florida W e per capita ater Management' 7 ground of the outer limits of Zones of Influence for " 7 District and by consultation with public utilities regarding • present and future public potable water supply well■ and • wellfield expansion and development. • wellfield■ permitted for 100,000 gallons per day or more. f is . 10 4.03 The Zones of influence Naps shell be reviewed at least li Section 4. )111P3 OF ZONES OF IWFLUEH('„((. 11 on an annual basis. However, failure to conduct said review shall to 4.01 The Zones of Influence Maps developed as described in 12 not affect the validity of the existing ap proved Maps. The basis 41 ' subsection 4.02, lone One (1) being completed on February 19, 13 . for up dating said Maps may include, but is not limited to, the 4 ism•, and Zones Two (2} and Three (3) being completed in Hay, 14 following: s lsss, are incorporated herein and made a part of thin ordinance. Is . (a) Changes in the technical knowledge concerningthe 'A These Maps shall be on file and maintained by the Department. Any 16 applicable aquifer. 17 • amendments, additions or deletions to said Nape shall be approved b 17•. � (b) Changes 9 in pumping rate of wslltields. le by the Board of County Commissioners of Pilm Beach County1� (c) Nslltleld reconfiguration. is following written notice, by the Department, to property owners i 13 (d) Designation of nnw•welllields. I to within the area covered by the amendment, addition, or deletion, 20 11. and after public bearing. Written notion as provided herein shall. 21, 4.04 The Zones of Influence indicated on the Zones of a be at least thirty (30) days prior to the public hearing on the 22 Influence Haps are as followst I 3 amendment, addition or deletion. Said maps shall'be provided to 23 (a) Zone One [if: The land area situated between the well(s) 4 the Palm Beach County Planning, Zoning and Building Department, 24 and the thirty (30) day travel time contour. s the Groundwater and Natural Resources Protection Board and any 23 (b) Zone Two (21: The land area situated between the thirty • a other agency requesting said maps. 2i (30) day and the two hundred ten (210) •day travel time 27 contours. 2 4.02 The Zones of Influence maps are based upon travel time 29 0 ( ) Zone Three (]It The land area situated between the two t contours and one foot drawdovn contours. They are generated using, 29 hundred ten (210) day and the five hundred (500) day t a contaminant transport computer model that simulate, pollutant 30 . travel time contours. l movement using particles released around wells in an inverted 31 • (d) Zone Four [41. The land area situated beyond the five t head/velocity field. The head/velocity field is calculated by S 32 hundred (500) day travel time contour and within the . 11 I 12 1 dates on Which such conditions shall be instituted. such 2 activities shall comply with all Zone Two (2) requirements Wiese •a Section S. $ESTRICTION5 WITHIN ZONES OF TRrLUEMCL• 3 otherwise provided herein. No expansions, modifications or 4 5.01 Zone one .f11i The use, handling, production, end 4 alterations which would in0reesa the storage, handling, use'or s storage of Regulated Substances associated with nonresidential e production of Regulated subetnnces shall be permitted in Zone One s activities is prohibited in Zone One (1), except a■ provided under) 6 (1). An owner or operator that is denied a Special Exemption shell 7 the C 1 Exemptions and special Exemptions provisions of this' 7 be issued a Closure Permit as part of the denial process. Any s ordinance All existing nonresidential activities within Zone One s operating permit application required herein shall be filed with fe (1) Which store, handle, use or produce any Regulated Substances • . 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 1211 All nonresidential activities within 12 owners or operators of much activities within Zone one (1) shell be: 12 Zone Two (2) which store, handle, use or produce any Regulated 13 notified in writing, by certified mail, or hand delivery by the 12, Substance are prohibited iron doing so unless they qualify as a 14 Department, within ,sixty (60) days of the effective date of this i 14 General Exemption, obtain a Special Exemption, or receive an is Ordinance as to ithe requirement to cease the use, handling,' is Operating Permit from the Department which complies with the 1s ■torage,.and production of Regulated Substances. is following condition., 17. 17 (a) Containment of Reaulatedjubetances. Is A Cl Permit application, G 1 Exemption application if the+ is ' • Leak-proof trays under containers, floor curbing or other Is activity is olaimed•to be exempted under the provisions of Sections) is containment systems to provide secondary liquid 2s 12.02, 12.03, or 12.07 of the Ordinance, or a Special Exemption! 1 20 aontainment.shall be installed. The containment shall be 71• application prepared and signed by a Professional Engineer orl 21 of adequate site to handlA all spills, leaks, overflows, 22 Professional Geologist registered or licensed in the State of 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 materiels shall be as receipt of the notice to cease. Within 30 days of receipt of said 24 sufficient to preclude any Regulated Substance lore to 23 notice, the owner or operator shall file with the Department proof 25 • the external environment. Containment systems shall be 26 of retention of said engineer or geologist. 26 sheltered so that the intrusion of precipitation is 27 17 effectively prevented. The owner/operator may choose to 22 Any nonresidential activity in Zone One (1) which is allowed) to 2e provide .adequate and appropriate liquid collection 22 confirms in accordance with the General Exemptions or Special 23 methods rather than sheltering only after approval of the 20 Exemptions est forth in this Ordinance shall obtain an Operating 30 design by the Department. These requirements shall apply 21 Permit, unless expressly not required by this Ordinance, which • 21 to all areas of use, production, and handling, to all 12 shall indicate the special conditions to be instituted and the 32 storage areas, to loading and off-loading areas, and to 11 r. • • 1 , above-ground and under ground storage The 2 containment devices and liquid collection systems shall 1 Rsyuleted substances shall check on every day of 3 be certified in the o eratin 2 operation, for breakage or leakage of any contains p 4 permit application by the , holding the Regulated Substances. Electronic sensin. 4 Professional, Engineer or Professional Geologist s registered4 devices may be employed as part of the inspecteo of licensed in the State of Florida. s propose, if approved by the Department, and provided the • s (b) Zgaraencv cello -tipn devf ee. .Vacuum suction devices, sensing system is chocked daily for malfunctions. The 7 absorbent scavenger materials or other devices approved 7 manner of daily inspection shall not necessarily require s bythe Department, shall be present on-cite or availablilablee a physical inspection of each container provided th. within two (2) hours (one hour in Zone on•) by contract . , location of the containers can be inspected to • degre 10 with a clean up company approved by the Department, i to which reasonably assures the Department that breakage or 11 sufficient magnitude so as to control and collect the 11 leakage caw be detected by the inspection. Nonitorin• 12 total quantity of Regulated Substances present. 11 records shall be kept and made available to th 11 To the degree feasible, emergency containers shall be 13 Department at all reasonable times for examination. 14 present land of such capacity as to hold the total 14 (e) Procter and adequate Reauler f!. . . ,. ,•- la quantity of Regulated Substances plus absorbent material% ' '" ' ie The 11 And emeraenov eauioment. Procedures shall be establishe• presence of such emergency collection devices shall ' 11. be acetified in the Operating1i1 ' for tha quarterly in-house inspection and maintenance of Permit application to 17 and emergency containment • u! 18 existing ,activities. Such certification for ne . Such procedure equipment.went is shall be in writings a regular checklist and schedule of 11 activities shall be provided to the Department:prior t• if maintenance shell be established; and a log shall be kept 28 the presence of Regulated Substances on the site. 20 of inspections and maintenance. Such logs and record. 11. Certification shall be provided by a Professional 21 • shall be available for inspection by the Department. 22 Engineer or Professional Geologist registered or license. 21 (f) ggoortina of wino. Any spill of • Regulated Substano. i1 in the State of Florida. 1{ (a) Ftieraencv plan. t3 in excess of the non-aggregate An emer enquantity thresholds I emergency plan shall be prepared an• 24 Section 3.01(2)(2) shall be reported by telephone to th- 2e :lied with the Operating Permit application lndioatin•. 23' Palm Beach County Health Unit and designated publi• 2s the procedures which will be followed in the event of 24 utility within one (1) hour, and the Department with! 21 spillage of a Regulated Substance so as to control an. 17 twenty-four. (24) hours of discovery of the spill. Clean 2• collect all such spilled material in such a manner as t. . 2e up shall commence immediately upon discovery of th- ee prevent it from reaching any storm or sanitary drains o 29 • spill. A.full written report including the steps take H the ground. 30 to contain and clean upthe spill shall be submitted t. 31 (d) Inspection. , A responsible . P person designated by th- 31 the Department within fifteen (15) days of di y of • 22 permittee who stores, handles, uses or produces th 32 the spill. • 1s • 16 wall. Arrangements shall be made with the designate 2 by • State of Florida certified laboratory of th 2 publio utility to establish a semi-annual schedule of re quantity present in each monitoring well of the water analysis .unless sampling results indicat 4 • Re listed in the activity's Operatin• gulated Substances i a s '-mtamination, in which case the Department shall'requir Permit shall be tiled at least semi-annually, or more e an increased sampling schedule. The analysis shall b: frequently, as determined by the Department, based upo 7 2 for all substances which are listed on the Operatin site conditions and operations. s Permit. The analytical reports shall be prepared b e (i) Alterations and exonnejon. The Department shall b- p Y • State-of Florida certified laboratory, notified in writing prior to the expansion, alteration o , certified for the 10 modification of an activity holding.an Operating Permit. le applicable analyses. It shall be the responsibility o 11 the designated public utility to provide for the samplin• !1 Such expansion, alteration, or modification way resul 12 and analyses but the cost shall be borne b the 12 from increased square footage of production or'storaq- Y permitte. 17 or those perwitte.s on a it capacity, or increased pro-rats basis as to the sew: O° y, quantities of Regulate•' I. ■ubstanoa■ listed on the permits of those permittees ! 14 substances, or changes in types of Regulated substance • is Zones oflInfluenaa of the subject well. Saw is beyond those square footage, qusntities,'and types upo • plea shall b: 16 taken by the state certified laborator is Which the permit was issued. should a facility add n Y pertorwinq th 17• Regulated Substances which individually are below th 11' analyses, or its authorised representative. - Ib non-aggregate limits !in Section ].01(s)(2), it shill le semi-annual reports prepared by a State of Florid, is certified laboratoryi• notify the Department on the annual basis of the types of the analyses for Regulate. » substances shall be submitted to the Department for th 20 and quantities of such substances added and the looatio It purpose of determiningthe �1use, handling, rtor presence of Regulate• of the iage, and production of said 21 substance■ to each well for which a Zone of Influence Ha substances. Any such22 expansion, alteration a 23 has been established 23 modification shall be in strict conformity with this 14 (h) Monitoring for Regulated Substances in 11 ordinance. Further, except as provided herein, an grgtindwatQ IS monitoring wells. Groundwater monitoring well(s)• Mal 11 existing Operating Permit shall be amended to r•lleot th- 2e introduction of any new Regulated Substances resultin• 26 be provided at the expense of the perwittee in a manner, 27 number and location approved by the Department. Except 27 from the change. However, the introduction of any no 28 for existing wells found by the Department to be adequat 78 Regulated Substance shall not prevent the revocation o ' !f for this provision, the required well or wells shall b 29 revision of any existing Operating Permit if, in th- 70 opinion of the Department, such introduction substen 30 installed by a State of Florida licensed water wel 31 Bally or materially modifies, alters or affects th 31 contractor. Samples shall be taken by. the Stat 32 certified laboratory performing the analyses, or it, 32 • conditions upon which the existing Operating Permit we r 17 !a • I granted or the ability to remain qualified as a General I ~• 2 Exemption, if_applicable, or to continue to satisfy ' permi6. All Regulated Substances and contaminated 2 any 2 • containers shall be disposed in • lawful and conditions that have been imposed as part of a Specie] 3 4 Exemption, If.applicable. The Department shall notlt 4 environmentally sound rennet in accordance with e applicable state arid federal laws, and the activity and the perrittei in writing within sixty (60) days of e environs shall be cleaned up so as to preclude leaching 4 receipt of the permittea's notice that the Departmen• s of residual Regulated Substances into the environment. 1 proposes to revoke or revise the permit and stating th- 7 . e grounds therefore. e 3.03 Zone Three Olt All nonresidential activities within 9 (j) Reconstruction after catastrophe. Reconstruction of an f Zone Three (3) which store, handle, produce or use any Regulated Is portion of ■.structure or building in which there is an • 10 Substances are prohibited unless they qualify as a oeneral 11 activity subject to the provisions of this re ulatio 11 ' g Exemption, or receive an Operating Permit which complies with the 12 which .is damaged by fire, vandalism, flood, on ex losi 12 explosion, following conditions: i]_ collapse, wino, war or other catastrophe shall be I 17 (a) Those conditions set forth in Subsections 8.02(a), (o), 14 strict conformity with this Ordinance. 14 (d),(e) and (t) IS (k) Qceratlnar or 'Closure Permit. All existing scares! IS (b) Within thirty (30) days of acquiring knowledge of any 1e dential 'activities in Cone Two (2) which use, handle is spill of a Regulated Substance the Department shall 1t store, or, produce Regulated Substances shall file a rt consider revocation of the permit or revision of it to is application for an Operating Permit or Closure Persil Is comply with some or all the other conditions set forth in 1S within ninety (90) days of the receipt of written notic: if Subsections 3.02(a) through (j), in addition to those se from the Department. Said permit application shall b= io • required by Section tt.03(a) above. In oonsldsratlon of 71 prepared and signed by a Professional Engineer or Pro 21 whether to revoke or revise the permit, the Department 22 tessional Geologist registered or licensed in the Stat: 22 may consider the intentional nature or the degree of t2 -ot Tlorida except as provided in Sections 6.02 (b) or 12 72 ' negligence, if any, associated with the spill, the extent t4 of this Ordinance. Within thirty (30) days of receipt o 24 • to which containment or cleanup is possible, the nature, 1i said notice, the owner or operator shall tale with th- 23 • number and frequency of IS 4 Y previous spills by the permittee Department proof of retention of said engineer or ac and the potential degree of harm to the groundwater and 17 geologist. It application is 'made for an Operatin. 27 - surrounding veils due to such spill. 4Permit, such a permit shall be issued or denied withi 2e • 11 (o) Operating permits required by 'this section shall be sixty (60) days of the filing of the ootoplete• 29 applied for and processed in accordance with • application. If the application for an Operating Perri 30 Section 8.01(k). 1 is denied, then the activity shall cease within on- ]i 3 hundred eighty (iso) days of the denial of the Operating 27 • 6.04 • yore Four (41t All nonresidential:ectivltles within If • • .'. 70 +..aacaun OE sucn regulations, rules,.ordinances or requirement;. 2 subet are prohibited unless they qualify as a General 2 2 Exemption, or receive an Operating Permit which oomph!•■ with the ` 5.06' Requirements for Domestic Wastewater and Storwwnlet a following conditions! 4 Treatment. • • (a) Thom• conditions set forth in Subsections 5.02(d) and 5 . s (a) All new or replacement installation, of sanitary sewer (f)• P 6 mains in Zone One (1) or Zone Two (2) of a (b) Within thirty (30) days of acquiringpublic knowledge of any 7 drinking water wellfield shall be constructed to force • spill of a Regulated Substance the Department shall s main standard,. Standards for installation ere shown in • consider revocation of the permit or revision of it to • 1e comply with some or all the other conditions set forth in 10 Exhibit P and shall be enforced by the Palm Beach County Public Health Unit (PBCPHU) through the 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(0 above. In consideration of 22 sewers, the sewers in Zones (one) 1 and (two) 2•wust be 12 whether to revoke or revise the permit, thO Department 12 11 may consider the intentional nature or the degree of 14 pressure tested at each joint, grouted and sealed with proof of testing provided to the PBCPHU prior to release is negligence, if any, associated with the spill, the extant i 1a of the well for service. 1s to which'oontaituunt or cleanup is possible, the nature, is (b) No new exftitration system shall be constructed in Zone 11.E number and frequency of previous spills by the permitte• 2• and the potential degree of harm to the 17' One (1) or Zone Two (2) of a public drinking eater groundwater end !e wellfield. 11 surrounding wells due to such spill. se (c) operati 1! (o) New retention or detention ponds located within nq permits required by this section shall be 20 wellfield tones shall comply with the criteria 21- applied for and processed in accordance with Section; 71 • described in the South Florida Water Management • 22 5.03(k). H , a nonresidential activity in Zone Fourl 22 District (°FWMO) Management and °torsos of Surface 27 (4) !i not required to retain an engineer or geologist to 22 Waters Permit Information Manual Volume IV. These 31 Prepare the operating permit, providing that Section 24 criteria are enforced through the SFWHD permitting 16 5.04(b) does not apply. 2s 21 process. • 25 (d) New percolation ponds for domestic vestavatir 21 5.05 Other Reouirewents and Liabilities. A notice to cease, 17 treatment located within wellfield .tones shall 26 a permit or exemption issued under this Ordinance shall not relieve 2e comply with the requirements for separation from is the owner or operator of the obligation to comply with any other 2, public drinking voter' wells set forth in chapters 2s applicable federal, state, regional or local regulation, rule, ae 17-555 and 17-610, Florida Administrative Code and 22 ordinance or requirement. Nor shall said notice, ',omit, or 21 enforced by the Florida Department of Environmental 22 exemption relieve any owner or operator of any lial.11ity for 77 Regulation (FDER) end PBCPHU. 21 22 • (e) Land application of domestic wastewater effluents or 1 •1. sludges within velltield sonar when comply with the 2 (a) Cessation 'of the discharge and initial ooplrol, dontisinaent and recovery of tree:Llowinq, floating or requirements .for separation from public drinking 3 standing pollutants;Water wells forth in. chapters 17-555, 17-610, and 4 •~ (b) Removal and disposal of contaminated moils, sediments, 17-640, Florida Administrative Colds and enforced by s vegetation, oontalner■, recovery materials, and any other the t'D1tR and P8CP1111. t contaminated materials, in accordance With applicable (f) New onaite sewage disposal systems (septic tanks) located 7 within welltield zones shall comply with the e - Federal, State and local requlationsl requirements for maximum sewage loading and separation l (°) Assessment of the horizontal and vertical extent of soil, sediment, surface water and groundwater contamination, as from public drinking water wells set forth in 10 , wall as rata and direction of migration of the Environmental Control Rule I and enforced by the PBCPHU. 11 - contaminants; and 12 (d) Remediation of contaminated soils, sediments, surface 13 Waters and groundwater to 5.07 fiaill Asewww�w..t a,..� Rwww.11 ti preclude further migration of Required. Upon 14 unacceptable levels of residual Regulated Substances into discovery of a epi]!1 in zones One (1), Two (2), Three (3) or Tour is (4), a determination shall be made as to jurisdiction. The it or through the surface valet or groundvaler environment. Department shall provide notification to 'the FDEfI and P8CPIIU 17, The Department shall determine necessary, reasonable measures and including all available information pertinent to the spill. FUR 1s• Will be responsible for determination It the spill occurrence is time frames for corrective actions. The corrective actions shall � be completed to the satisfaction of the Department. Where State or constitutes a Resource Conservation and Recovery Act (RCRA) 20 Federal regulations establish procedures or cleanup levels for regulated material as defined in TAC Rule 17-720 and Title 40 CFR 21 22• Part 361. It determination is made that the spill occurrencecorrective action, for particular discharges, the corrective involves a RCRA regulated mate>?lal, TD87t will assume the role as 23 aotign• shall at a minimuw comply with !hose procedures and/or • cleanup levels. Completion of corrective eottons as specified by lead regulatory agency in assessment and remediation. Thu 24 the Department shall not relieve the responsible person 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 a non-RCRA regulated substance. 26 regulation, rule, ordinance or requirement! nor shall it relieve 27 the responsible person or persona of liability liability for corrective Upon !s■uanceot an order by the Department, corrective action 28 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 30 actions as required. ordinance. Corrective action shall include any or all of the .31 • • following, • ]2 2] a 24 • • 2 6.01 Wellfield Protection Permit. 2 a( ) Ocezntina Permit. All applications, as a minimum, shall •2 . (a) This section'provide■ the requirements and procedures ford 1 provide the folloving'informationt 4 the issuance by the Department of Operating and Closure 4 (1) A list of all Regulated Substances and substances on s Permits required by this Ordinance. . . I the Generic Substance List which are to be stored, r 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 end, if 7 activity beinq•perwitted including their quantities. e applicable, Section 10, shall be approved and a permit s (2) A detailed description of the nonresidential ■cti-1 f issued. In addition to the !allure to satisfy these f vities that involve the storage, handling, use or 10 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 (a) An Operating Permit shall remain valid provided the 12 contained or manipulated, including layout plans or 12. permittee is in compliance with the terms and conditions 12. drawings of the facility in which the activities 14 of the permit. . 14 will take place. , ( • 1s (d) Permitt.es shall not be.required to pay annual renewal Is (3) A description of the containment, the emergency' 1$ fees until October 1, 1990. Beginning October 1, 1990, It collection device, and containers and emergency plans It. ell current and future permittee■ are subject to an 17., that Will be 'employed to comply with the 1e _ annu%1 renewal license fee as stated in Exhibit C: 1e restrictions required for Zones Two (2) and Threes 11 notification to the Department under Section 5.02 (i) is If (3) as set forth' above. For Zone Four (4) this so due with the renewal. fee. 20 particular documentation will only bi required if a! 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). 23 with 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 bean or will be instituted to comply with 26 when these structures and activities are located on 21 • the restrictions for Zones Two (2), Three (2) and ' 2e contiguous parcels of property even where there are 26 . Four.(4) as iit forth above in Section 5.02. I 2t intervening-publio or private roads, may be covered under 27 (5) A description of the .maintenance that will be 2e ona permit. ie provided for the containment facility, monitoring' 29 26 system, and emergency equipment required to comply 2• 70 with the restrictions of .Zone Two (2) and Zone Three 31 31 (3) as set forth above. For Zone—Four (4) this 22 12 particular documentation will only be required for a 25 28 1 revised Operating Permit as required by subsection 5 I• produce Regulated Substances. As a minimum, ths 5.04(b). 2 following actions shall be addrsssedi (6) A description of the groundwater monitoring well• 3 a) Disposition of all Regulated Substance■ and that have been or will be installed, other pertinent 4 contaminated containers. well construction information, and the arrangemonts s •b) Cleanup of the activity and environs to preclude which have bean 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. substances. For Zonas•Three (3) and Four (4) this 2 a) Certification by a Professional Engineer or particular documentation will only be required for a Professional Geologist registered or licensed in revised Operating Permit as required by Subsections 10 the State of Florida that disposal end cleanup 5.03(b) and 5.04(b). • 11 have been completed in a technically acceptable (7) Evidence of arrangements made with the appropriate 12 manner. The requirement for certification by a designated ,public utility for sampling analysis of 17 Professional Engineer or Geologist may be waived! the raw water from the potable water well. For 14 if the applicant provides evidence to the Zones !Three (3) and Four (4) this particular 11 Department that all of the following items are documentation will only be required for a revised 1, applionblet Operating permit as required by Subsections 5.03(b) 12. 1) The entire operation is maintained insidej and 5.04(b). • le the building(s) of the facility. I (I) An agreement to indemnify and hold Palm Beach County! 13 - 2) The standard method of removing operating! harmless from any and all claims, liabilities, 70 waste is not by septic tank, sewer mains, on causes of action, or damages arising out of the! 21 •• floor drains. I issuance of the permit. The County shall provide' 12 3) There is no evidence of spills permeating' • reasonable' notice 'to the permittee of any such' 22 floors or environs. • claims. 24 4) There are no outstanding or past notices of (9) The application for the Operating Permit shall be 21 violation from any regulatory agency filed with the Department within ninety (90) days of 24 concerned with hntlacdous, industrial or receipt of written notification from the Department. 27 special waste. 2e 5) There is no evidence of past contamination (b) Closure Permit. Closure permit applications shall 2f in the provide the following informations public drinking water well(s) • _ 30 associete%1 with the facility in zone 1. (1) A schedule of events to complete the closure of an 21 6) The applicant shall provide a activity that does or did store, handle, use, or 3_ sworn statement that disposal and cleanup 27 I 2e - • . 1 . . requiremento as set forth in this Ordinance. such =) There is no evidence of past contamination in th conditions may include, bat not be limited to, monitoring • • public drinking water well(m) associated vitl 2 i wells, periodic groundwater' analysis reports, end 4 the.faaility in sone 1. 4 compliance schedules. said conditions may 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 s 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. a risk to the groundwater. • 1 d) An appointment for an inspection by th s (d) pond reached. fe Department. 10 (1) Except as provided in Section ,6.02(d)(5), no 11 e) ; An agreement to indemnify and hold Pal 11 permit herein required shall be issued unless 1s Beach County harmless from any and all claims, 12 - there is filed at the time of application, 17 liabilities, causes of action, or damage 13 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 to th 1s •cash bond, permit bond with a corporate surety; i 16 permittee of any such claims. 14 or letter of credit in the amount required by 17. (2) The issue of well reoonfiguration shall be evaluate., 17• Exhibit B, attached hereto and incorporated is by the Department and the affected public utility a 1s herein, to insure that the permittee will is an alternative to a closure permit during the petal• is operate its nonresidential activities and/or 20 application process. Should a utility notify th 20 closure of such nonresidential activities, as 21, . Department in writing that it intends to reconfigur 21 applicable, in acoorfanos Pith the conditions 22 a vellfield - end . said configuration no longs 22 and requirements of this Ordinance and permits 21 subjects a facility to Zone One (1) or Zone Two (2) 22 issued hereunder. 24 requirements, the Department may issue an Operati • 24 • (2) The pstmittee shall reimburse Palm Beach County in 2• Permit providing conditions under ;which sal. 2s accordance with Subsection 6.02(a) (s), (b)(1)e) and 26 facility may continue to operate. 26 (e) of this Ordinance for any and all expenses andl 27 (3). The Department of Environmental Regulation and th- 27 costs which Palm Beach County incurs•a■ a result of 2s Palm Beach County Public Health Unit shall b,- 2s . the peruittee failing to comply with the conditions 2s advised in writing of each Closure Permi 2s . and requirements of this Ordinance. 30 application. • - •- 30 (3) Before a bond or letter of credit is accepted by the 21 (a) permit conditions. The permit conditions shall snout- 31 ' Department as being in compliance with this section, 22 compliance with all the prohibitions, restrictions, an. 22 the bond or letter of credit shall be reviewed and 2f 30 approved by the Palm Beach county y Attorneyf.s office. I (e). el�enrtlo end neimbnrww�....� Any person subject A corporate bond shall be executed by a corporatio 2 to regulation under this ordinance shall be authorized to do business in the State of Florida eel 3 liable with respect toRigulated Substances a Surety.' A cash bond shall be deposited with the' 4 emanating on or from the person'■ property for Department, who shall give receipt therefore. - s all costs of removal or remedial action (4) The bond or letter of credit required by this 6 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 1 the term of the permit and for one-year after a resources, including the reasonable cost of 1 voluntary cessation of . activities permitted s ing ■uoh injury, destruction or loss 1 . hereunder, expiration, or revocation of the permit. 10 resulting from the release or threatened 1 (6) Ho bond or letter of credit is required for issuance 11 release of a Regulated Substahoes as defined in 1 of a permit for the followings 12 this Ordinance. Such removal or remedial 1 (a) Pesticide applicators, as described in Section 11 action by Palm Beach.County may include, but is . 1 12.06, unless the pest control facility is 14 not limited to, the prevention of further 1 1 located in Stallfield Zone One (1), Two (2), or is contamination of groundwater, monitoring, s Three (3). 16 containment, and clean-up or disposal of ' • • t (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 11 spilling, leaking, pumping, pouring, emitting s waiver of certification by an engineer or 12 or dumping of any Regulated Substance or o geologist are applicable. 20 material which creates an emergency hasardous 1 •(o) A facility in Zone Four (4), unless the 2) situation or is expected to create an emergency I! 2 - Department has determined that revision of the 22 • hazardous situation. ' 3 . permit is appropriate under the conditions 72 4 described in Section 5.04(b). 24 6.03 jee Schedule. s (d) Retail/wholesale activities which meet the 26 (a) pneratinc Permit fee. The fee for an Operating Permit 4 conditions for .this exemption set forth in 26 - 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, 0. s (a) Activities subject to regulation due to the 26 shall be as shown in Exhibii C, attached hereto and v accumulation of waste Regulated Substances, 22 incorporated herein. The Operating Permit fee shall be • m provided that they comply with the conditions 70 used to defray the cost of administering this Ordinance. 1for this exemption set forth in Section 12.10 of 31 (b) Closure Permit fee. The fee for a Closure Permit under this. Ordinance. 22 this regulation shall be one-half of the fee for the . • 21 22 •� -.-.. =ea. wise fee for a Closure Permit under) 1 (D) Is subject to revocation under section 5.02(i), • 7 this regulation shall be one-half of the fee for the 2 5.03(b) or D.04(b). • 3 operating Permit. (b) The Department may revise any permit pursuant to Bootie 4 (a) permit transfer fee. The fee for transfer of an 4 5.02(i), 5.03(b) or 5.04(b) by first issuing • writte s Operating Permit or Closure Permit shall be as described e notice of intent to revise (certified mail return reoaip. a in Exhibit C, attached hereto and incorporated herein to 6 requested, or hand delivery.) I defray the cost of processing the transfer. Application (c) In addition to the provisions of Section 6.04, s for Transfer of Permit is to-be made within sixty (60) s Subsections (a) and (b), within thirty (30) day■ o IP days of transfer of ownership of the activity. t acquiringknovledge of any spill of a Regulated Substanc. 1e (d) Late leg. A late fee es described in Exhibit 10 in Zones one (1), Two (2), Three (3) or Tour (4) th- 12 C, attached bare to end incorporated herein, • . 11 Department shall consider revocation or revision of th- 13 shall be paid to the Department if application 12 permit. Upon'such consideration the Department'sny luau. 12 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 D, or elect not t. 14 6.04 Revocation or•Aevisiotjg Permit or General or Special I is issue such notice. In consideration of whether to revok. 16 Exemotion. ' • 16 or revise the permit, the Department way consider th. 17• (a) Any permit issued under the provisions of this Ordinance 17. intentional nature or degree of negligence, if any, is shall not become vested in the permittee. The Department le iated with this spill, and the extent to whio • 4. may revoke any permit issued by it by first issuing e 1t containment or cleanup is possible, the nature, numbs re written notice of intent to revoke (certified mail return ' 20 I and frequency of previous spills by the permittee and the 24 receipt requested, or hand delivery) if it finds that the �1 s= permit holder; - potential degree of here to the groundwater an. • 22 surrounding wells due to such spill.II (1)(1) Rae failed or refused to comply with any of the 23 (d) For any revocation or revision by the Department of ' 24 provisions of this Ordinance, including but not 24 Special Exemption or•aeneral Exemption that requires a 26 limited to permit conditions end bond requirements 25 Operating Permit as provided under the terms of th! 26 of Section 6.02(d) herein; or 26 Ordinance, the Department Shall issue a notice of inten. 27 (A) Has submitted false or inaccurate information in 27 to revoke or revise,which shall contain the intent t 2s this application; or 211 revoke or revise both the applicable exemption and Eh. 21 (3) Has failed to submit operational reports or other 29 accompanying Operating Permit. 30 information required by this Ordinance; or 70 (e) The written notice of intent to revo)ieoc revise ■hal 31 (4) Has refused lawful inspection under Section 6.01(e); 71 contain the following information, 33 or 32 (1) The name and address of the permittee, if any, and 33 . 14 • iI • • • • 1 . property owner, it different. • • 1 considered. ' (2) A description of the facility which is the subject 3 of the proposed revocation or revision. 3 7.02 Ha/arenas Raw Water Analyses to be completed fq 4 (3) Location of the spill, if any. 4 well. A reference set of raw water analyse■ shall be completed for s (4) Concise explanation and specific reasons for the 6 • each will for which a Zone of Intluenoe map has been established. 6 proposed revocation or revision. 6 • Said analyses shall be completed within one hundred eighty-fire 7 (S) A statement that "Failure to tile a petition with 7 (ills) days after the effective date of this Ordinance, for existing • the Clerk of the Board within twenty (20) days after II e wells. A copy of the analytical report shall be forwarded to the the date upon which permittse receives written s Department and PBCPRU within (14) days of completion. For any new 1e notice of the intent to revoke or revise shall io well, this set of analyses shall be completed prior to the release u render the proposed revocation or revision final and 11 of the well into service by the PBCPDU and Department. Said 12 in full force and effeotm. . 12 analyses shall address inorganic priority pollutants as listed in 1a (f) Failure of permittee to file a petition under section 12' Exhibit E and organic pollutant, as listed in Chapter 17-250, 14 • e.01 shall render the proposed revocation or revision • 14 T.A.C. and as shown in Exhibit E. The cost shall be borne by the . IS • 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. Samples shall be taken by the State certified laboratory 1s or permanent injunction. . • is performing the analyses, or its authorised representative..1f III 2e Section 7. BIDTD2rmaily_ntrumilzuzuma. • 20 Section S. DETERMINATION OF LOCATION WITHIN ZONED.21. 7.01 public Hearing. The prohibitions and restrictions set .4; 21 • In determining the location of properties and facilities within thel '� 2s forth in this Ordinance and in regulations promulgated pursuant _ 2a hereto shall apply to any sites officially designated by the Board 2 zones depicted on the Zones of Influence maps, the following rule. 21 shall applyt • 21 of County Commissioners as future welllielda. Such prohibitions 21 • (a) •Properties located wholly within one (1) Zone reflected 2s and restrictions shall become effective upon approval by the Board 26 on the applicable Zones of Influence maps shall be ss of County Commissioners of the Zones of Influence maps for the 26 governed by the restriotions•appliaable to that Zone. 27 designated future wellfield. Prior to final action by the Board of 27 (b) To the extent Section 10t01 (a) doss not apply, 26 County Commissioners in designating a future wellfield or approving . 2e properties having parts lying within more than one (1) 2! the Zones of Intluenoe maps for those. wellfields, all property 1f Zone as reflected on the applicable Zones of Influence 30 owners and discernable operating activities within the area 30 maps shall be governed by the restrictions applicable to 31 affected shall receive written notice at least thirty (30) days 71 the zone in which the part of the property is located. 32 prior to the proposed public hearing at which the action shall be 22 (o) Where a travel time contour which delineates the boundary • - • 35 36 s.vsascy, the entire facility shall be considered to be i "`j'+ pewit greater than twenty-five • (2s) unite or for a 4 in the *ore restrictive zone. - nonresidential development subject to review by an (d) Where the facility, or portion thereof, is overlapped by advisory planning body and approval by the local Zones of Influence of different wells or welltield,, the "' - governing authority or zoning board of appeals that stricter zones shall apply. , • ! ,e includes property wholly or partially within Zone One . 7, (1), Two (2), Three (3), or-Pour s Section 9. ( ), of a welltield ON ISSUANCE OF BUILDING PERMITS AND OCCUPATIONAL LICENSES. shall include requirements ot. the Department. These 9 : requirements shall be as follows? Ile (a) No building. permit or occupational .license for any ° io 11 nonresidential activity shall be Issued by the County or 11 (1) Notification by the local governing authority of tbal • !a any city located within Pala Beach County that would 12 • location of the property•in Zone one (1), Two (2), • 13 allow development or construction in Lon•s one (1), Two 13 Three (3), or Four (4) and notarized letter from ii (2), Three , applicant.admitting acceptance of notitidatlon. ( ), or Pour (4), that is contrary to the 31 Notification shall be prepared by the Department t is restrictions and provisions provided in this Ordinance. 11 et is Perpits or occupational licenses issued in violation of is providing detail, of Lone., prohibitions, and measures'required for compliance, or 17 _ this aeotion confirm no right or privilege on the grantee 11 ' is and such invalid permit or licenses will not vest rights. is (2) Submittal of application to the Department for • • �� notification. , • (b) The-requirements and provisions of this Ordinance shall is is id) Any application subaittid for an occupational license for apply immediately upon the itfeotive date of this • '70 ! Ordinance to all new nonresidential activities. An ?1 any use within Zone Ons, (1), Two (2), Three (2), or lour 1 zf existing activity is one for which a build! II (4) of an incorporated on unincorporated area ,hall nq permit on • ]z require certification by the Department that the use se " occupational license had been issued bythe appropriate. I ppropriata• » meet, the applicable requirement, of this Ordinance. ' !s jurisdiction prior to the effective date of this! 24 es ordinance and which had not expired on or before thel is (a) It shall be the duty of each local agency to screen all as • effective date of this Ordinance, or for -which a as applications for'Lone one (1), Two (2), Three (3), or Pour (4) occupational licenses. I at completed building permit or occupational licensel 27 ' application 'had been Mid' and accepted with the ss (f) The Department shall provide a list to all local agencies isl of potentially prohibited operations !n Zone one ( ) 2, appropriate jurisdiction1 . prior to the effective data of Zf (g) Copies of Building Peraite of 'residential activities 3s this ordinenoe. All other activities shall be deemed 30 31 a 'larger than twenty-five (23) unite, all nonresidential new • projects, and-all-occupational licenses issued•for Zone ]a (c) Any application for a building permit for a ]t one .(1), Two (2), Three (3), or Pour (1) shall be 1 37 • 34 ., • I • 1 1 i • submitted to'the Department on a weekly basis, or upon 1 . z issuance bythe a or her intent to either furnish the information or have appropriate issuing authority. 2 1 ' •�• ' ' 3 the application processed as It stands. The Department 3 shall have ninety (90) working days from either the l Section 10. S,Et1t3tAL EXEMPT/Ma. 4 • L 10.01 Activities Claimine a General Exeaet1211. rendering of a sufficiency determination or receipt- ofs additional information baking an application sufficient t (a) A General Exemption application and Operating to make a decision. I permit pursuant to the provisions of Section 5.02 shall be required for any nonresidential activity claiming a • t General Exemption under Sections 10.02, 10.03 or 10.07 t 10.02 EXltnDtione ter t'!r. .._..__ - Enlerni..gY _Medical I. and shall be filed with the Department. Ho new 10 8ervioe■ end County tlneraen - Existingfire u Coln• 1 nonresidential facilities shall be , police; emergency medical serviced, and County permitted into Lone it emergency management center facilities are exempt from Zone 1 2 one (1) efts; the effective date of this ordinance if the 12 prohibitions as set forth in eeation E.01. However, an Operating 2' new non-reaiCiential facility stores, handles _ , produce■ or 13 Permit shall be obtained l uses anyiAegulated Substance. pursuant to Section 5.01. 14 t (b) Such application shall contain a concise statement by the it �•. l 10.02 yEamationa for Utilities in Zones One [I1. Existing applicant detailing the circumstances upon which the ig utilities as of the effective date of this Ordinance shall be 7' applicant believes would entitle him or her to an 17., exempt, except for the maintenance and refueling of vehicles, from • exemption pursuant to section 12.01(s) above. ie Zone One (1) Closure prohibitions as set forth In eeo!lon.5.01. • (a) J► fee as shown in Exhibit C, attached hereto and it However, an Operating Permit shall be obtained e incorporated'herein, shall be tiled with the application • pursuant to Section 2s 5.01. L in.addition to the appropriate permit fees to defray the 21 2 nests of processing such application. . 22 10.O4 Exemption [er menu 2 (d) Within thirty (70) working days o! receipt of an The transportation 21 of any Regulated Substance through Zones One (1), Two (2), Three i application-for General Exemption, the Department shall 22 (3) or Four (4) shall be exempt from the s inform the applicant whether such application contains provisions of this 26 • Ordinance provided the transporting rotor vehicle is in continuous 1 sufficient information for a proper determination to be 26 transit. The transport of such substances through existing > made. It the application is found to be insuffioiant, 27 - permanent pipelines is also exempt provided that' the currently I then the Department shall provide to the applicant a • • 21 authorized use or uses are not changid and 1 written statement by certified sail or hand delivery 2t provided that leak d�6eotion and monitoring as approved by the Department are 1 requesting the additional information required. The 20 employed. Ho General Exemption or Operating Permit application is applicant shall inform the Department within ten (10) . 21 required except that an Operating Permit is required to establish working days of the date of the written statement of his 72 the leak detection and monitoring requirements for said existing . , 31 . 40 - -•7...v reguaacea substances shall bel `-r-"•""• • 2 provided with secondary containment, leak detection and monitoring, (d) In Zones One (1), Two (2), Three (3), or Your (4), the 2. as required by the Department. 3 pesticides, herbicides, fungicides, and rodentieides4. ' s 4 shall not be handled during application in a quantity • -10.os Exemption for Vehicular and.awn Maintenance Fu s exceedingseven hundred 700 4LAnd. ( ) gallons of formulation. 7 Lubricant Use. The use in a vehicle or lawn maintenance equipment! 6 (e) All nonresidential applicators of pesticide., herbicides, s of any Regulated substance solely as fuel in that vehicle or 7 fungicides, end rodenticides who apply those substances s equipment fuel tank or'as lubricant in that vehicle or equipment a in Zones 0n6 (1), Two (2), ,Three (3), or Four (4) shall is shall be exempt from the provisions of this Ordinance. No General obtain an Operating Permit covering all application 11 Exemption or Operating Permit application are required. . . le operations using theie materials under one permit and 12 11 shall comply with all the requirements of section • 12 10.06 Exemptionor_lpp�ga Q� n_gj Peeties.,nerbioidee 12 5.02(c-f). 1 14 Fw a1Cides. and godenticideR. The application of those Regulated 37 This exemption applies only to the application o! pesticides, Is substances used as pesticide., herbicides, fungicides, end' 14 herbicides, fungicides, and rodentioides. 1 is rodentioides in -recreation, agriculture, pest control and aquatic 1s II weed control activities shall be exempt from the provisions of this 14 10.07 TJ(emo n for Retail/Wholesale Sales &ctivittea. 1s Ordinance provided that, • 17' Existing retail/wholesale sales establishments in Zone One (1) that .) (a• In all Zones, the application is in strict conformity! is store and handle Regulated Substances for resale in their original � 19 unopened containers shall be exempt from the prohibition in Sone 20 with the use requirement as set forth in the substances ( 20 One (1) provided that those establishments obtain an operating s} EPA registries and as indicated on the containers in 22 which the substances are sold) and i 22 Permit pursuant to the provisions of Section 5.02. Items in 22 Section 5.02 (g) and (h), 'certification by a Professional Engineer 23 (b) In all Zones, the application is in strict conformity; � ! 23 or Professional Geologist registered or licensed.in the State of 24 - with the requirements as set forth in Chapter 452 and I 24 Florida, and a bond or-letter of credit as set.forth in section is 487, Florida Statutes, and Chapters 5E-2 and 5E-9, • 24 Florida Administrative Code. 25 6.02(d) are not required for facilities in Zones One (1), Two (2)` j !I 26 or Three (3), provided no individual container of Regulated 21 (c) In all Zones, the application of any of the pesticides, d 27 substances exceeds five (5) gallons, if liquid, or twenty-five (2S) 26 herbicides, fungicides, and rodentioides shall be note 29 in the records of the certified operator. Records shall 2a pounds, if solid. . 29 3e be kept of the date and amount of these substances • 30 10.08 EXORptions for Office Uses. 'Offices uses, except for 31 applied at each location and said records shall be• 32 available for inspection at reasonable times by the 31 the use of Regulated substances for the maintenance and cleaning of • 32 office buildings, shall be exempt from the provisions of thief 41 • 42 . I ' 1 . ordinance. Ho 0 1 Exemption or operating Permit applications 1 Department inspection at reasonable times. In addition, all other 2 are required. 3 RegulatidAmbitancas shall not exceed the threshold quantities 2 3 listed in Section 3.01(s). Failure to comply with any of these 4 10.09 Promotion for Construction Activities. The activities 4 requi is shell mubjeot the facility to the full permitting a of constructing, repairing or maintaining any facility or S provisions for the applicable zone. a improvemen on lands within Zones One (1), Two (2), Three (3), or s 7 Four (4) shall be exempt from the provisions of this Ordinance 7 Section 11. DPECIAL EXEMPTIONS. • provided that all , contractors, subcontractors, laborers, • 11.01 An affected person in Zone One (1)or Zone Two (2) may 9 aaterialaen and their employees when using, handling, storing or 9 petition the Environmental Ordinance'A ppeels Board for a Special to producing Regulated Substances in Zones One (1), Two (2), Three 10 Exemption from the prohibitions and monitoring requirements set out 11 (3), or Your (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, ix General Exemption or Operating Permit applications are required. 13• 14 14 11.02 In order to obtain such an exemption much person must IS 10.10 Promotion for Activities Suhiect to Reaulation Due tg 11 • demonstrate by a preponderance of competent, substantial evidence is Accumulation of haste Regulated Subatancp . Activities in Zone Two 14 • that, Special or unusual circumstances and adequate technology 1% (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 1s • 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 2e provisions in Section15.02 or 5.03 of this Ordinance. Items in 20 conditions and safeguard, which are necessar g Y to protect the 2} Section 5.021g) and (I), and a bond or letter of credit as set 21 wellfield. 22 forth in Section 6.02(d) are not required, provided that all waste 22 _ 22- liquid Regulated Substances are secondarily contained according toy 23 11.03 dot sties claiming Special Exemption with edeguete 24 the conditions described in section 5.02 (a) of this ordinance, and! 74 technology to isolate the jacillty or activity from the notable 28 are removed from the sits on a regular schedule by .a contracted 25 • water sunnly and uroteot the well field. 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 and adequate protection technology 28 shall at no time exceed fifty-five (53) gallons if liquid or two 23 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 30 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 Oeologiat registered or licensed In the . 43 44 g) A hydrogeologio assessment of the site Which) 2 (b) Such application shall contain a concise statement by the 2 shall address, ` as a minimum, soil 2 applicant detailing the circumstances which the applicant' 3 characteristics and ground water levels, 4 feels would entitle him or her to an exemption p pursuant 4 directional flow, and quality. s to Section 12.01(a) above. 1 (2) A technical proposal to achieve the requiredf e (a) .A fee as shown in Exhibit C, attached hereto and e isolation including, 2 incorporated herein, shall be filed with the application, a) Components to be used and their individuals s • in addition to the-appropriate permit fees, to defray the e functions) s • costs_of processing such application. 2 b) System tying the components together) 1e (d) The application for Special Exemption shall contain but io 11 •not be limited a) A discussion and documentation, such as mited to the following elements, •11 published technical ertiales, substantiating the 12 (1) A description of the situation at the site requiring' 11 I performance and reliability of the components 12 isolation from the vellfield, including, 13' individually end the system as a whole. If the 12 a) A list of the Regulated Substances in use at the! 11 system has not been field tested, a discussion is - site, 11 and laboratory test documentation to le b) A site plan of the facility including all' 12 substantiate the proposed performance and 11. storage, piping, dispensing, shipping, etc., 11. I reliability of the system, is facilities/ 1 18 d). Details of the specific plans to install the 1e o) What, operations at the facility involve] if i system at the site. 2e - Regulated substances which must be isolated from; 70 (3) Testing procedures. If the proposed system does not' 21 the welltields) j 2L I ' I have a proven history of successful in-fieldl !s d) The location of all 'operations involving1 22 operation, it may still be proposed using proven 22 Regulated Substances. I 21 components. A test plan for the system as installed as e) A sampling and analysis of the groundwater on : 24 shall be provided to prove that the proposed system 2s the site of the activity seeking a Special! , 22 I works in the field. 2e Exemption shell be performed to determine if any ' 26 (4) A technical proposal for backup detection od 21 Regulated Substances are already present which 127 Regulated Substances that may elude the isolation 2e constitute a threat to the water supply. lee system and escape to outside a perimeter to be - 21 f) . An analysis of the affected well shoving whether : 22 established byDepartment. Such P proposal shall 10 or not such well is already contaminated by any ]o I include emergency measures to be initiated in case 71 Regulated Substances and the .extent of such 11 1 of escape of Regulated Substances. 22 contamination. I ! 32 (5) Criteria for success. Site-specific, system I • ,s 45 I A, • • ' I ii l . i . performance criteria shall be proposed to arc*rt•in 1 or her intent to either furnish the information or have the success of the system. such criteria shall 2 - . -the application denied. When the application contains include but shall not be •limited for 1 sufficient information for a proper determination to be a) Pox:ormami; - 4 made, the Department shall notify the County Attorney'. b) Reliability; s office that all documentation necessary to evaluate the a) Level of maintenance; t special exemption has been received, and shall promptly P y d) . Level of Sensitivity to Regulated substances; 7 transmit all such documentation to the County Attorney'. •) Effect of rain, flood, power failure or other 6 office. • natural disaster. (6) Precautions in event of failure. Applicant shall to 11.04 gremlins, of Special Exemption . provfde information on the on-site availability of 11• (a) Any Spe cial ial Exemption Pgranted by the Environmental subetance 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 yells during the remedial . 11 conditions imposed by the Environmental Ordinance Appeals process a plan shall be proposed for the disposal of 1$ 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 1s with the applicable conditions of Sections 5.01 and 5.02 the testing 11 and any other reasonable and necessary special conditions system does not prove successful in' 20 imposed by the dvat•r and Natural R•iouroes required by section 13.03(d)(7) above. (s) Any other reasonable information deemed necessary by 71. Protection Board. Such Special Exemptions shall be 22 • subjdot to revocation or revision by the Department for Department dui to sits-specific circumstances. (e) Within thirty (30) working days *of receipt of an 21 violation of any condition of said Special Exemption by application for Special Exemption, the Department shall 24 first issuing a written notice of intent to revoke or as• revise (certified mail return receipt requested or hand inform the applicant whether such application contains sufficient information for a proper determination to be a� delivery) Upon revocation or revision, the activity 37 will immediately be subject to the eatoraei�•nt provisions made. If the application is found to bo insufficient, than the Department shall provide to the applicant a 24 of the Ordinance. of (b) Special Exemption, for Lone One (1) are for existing written statement by certified mail or hand delivery requesting the additional information required. The aG nonresidential activities only. No new nonresidential • • applicant shall inform the Department within ten (10) 71 activity shall be permitted into Zone 1 after the working days of the date of the written statement=of hie 71 effective date of this Ordinance if the new • IS _--. 7___---, r.mmmmmm ur uses ' any Regulated substance. facility/operation modifications and whether the i facility may potent`imll y qualify for an exemption i section 12. 3 under Section 17.02. PETITION 101�pMptxsATZOt{. Based upon such e recommendations, the Board of County Commissioners (a) Parties affected by the requirements of thin Ordinance es nay deny such petition. may petition the Board of County Commissioners for a 2 determination as to the e!lsot of said Ordinance on those 6 (d) As soon as practicable after submission of a petition for e activities and the issue of compensation. compensation, but no later than ninety (90) days, by en . a owner or operator bf an activity, the Board of County e (b) such petition shall be filed with the Department. 9 Commissioners'ehall hold a hearing, to determine they le (c) Such petition mhall contain, as applicable, the 11 Lollovingt 10 eligibility of the activity for compensation pursuant to 12 11 this section. Petitioner shall be given written notice (1) A copy of the closure permit required by section , 13 13 - by certified mail or hand delivery of such (hearing at d.01 of this Ordinance or the required operations ' 14 17 least thirty (30) days prior to the hearing. Formal permit•showing the ohmage in operation. 11 I Rules of Evidence shall not apply to such hearing, but to (2) An analysis of the need to cease, move, or change ie operations including m summary of alternatives 1f fundamental due process shall be observed and shall 1i govern the proceedings. Petitioner and the County shall 19. investigated and estimated wets of those 1e alternatives. 17'• have the right tot ' 1e (1) Call and examine witnesses; to (3) A list of all previously-issued notices of violation se it (2) Introduce exhibits; by the Department, Department of Environmental 20 (3) Cross-examine witnesses on any relevant matter; ' 71 Regulation or the-Environmental Protection Agency 21 1. 22 regarding usi of Regulated Substances including a (4) Rebut the evidence/land ; » description22 (a) Be represented by Counsel.of any corrective action taken or 24 pending. (e) Criteria for determination of eligibility for cessation t4 or moving of operations. In •dettn! 2s (4) Detailed specification of .the amount for which erm ng whether 2e compensation is being requested. 25 • Petitioner is eligible for compensation, the Board of 24 county commissioners shall consider! 22 (5) The Department ihall review all petitions for 22 (1) Whether a reasonable, Most effective'alternative tel 2e compensation and make recommendations to the Board 211 caseation or moving ,of operations exists for 21 of county commissioners regarding the reasonableness _, complying with this Ordinance, including a.t of any amounts requested by the petitioner, whether 12 reconfiguring of the vdllfield. Applicant, with the 71 the requested compensation consists of amounts J1 cooperation of the Department and the affected 22 greater than the cost of any reasonable 32 I public utility, shall address the issue of 4s • 30 reconfiguration; • 1 7) the additional costs which would have to be (2) Whether the requirements or this Ordinance were the incurred to move the activity due to chapped Bole L tion of the operation; (3) Past environmental record; 3 circumstances or applicable laws, ordinanoem, or regulations; (4) Efforts •to mitigate financial impact of this s 9) any losses caused by the necessity of Ordinance and these corresponding regulations. 4 terminating a lease, such compensation net (f) Criteria for determination of • eligibility for 7 to exceed three (3) months' rent; Landlord compensation 'for change -in operations. In deciding 9 whether petitioner is eligible for compensation for a and tenant are required to make a bona tide effort to mitigate this loss. This change in operations, the Board of County Commissioner' 10 compensation shall be paid to either the shall consider; • 11 landlord or the tenant, to be decided by (1) Whether the proposed change is i reasonable, cost 13 'agreement between the landlord and•tenant. effective method for complying with this Ordinance and 17• b) The costs in a)1-7) above shall be supported by 14 two (2) itemised and sealed bids and a detailed (2) Whether the requirements of this Ordinance ware the 1i listing of the items. The asount to be sole reason for the change in the operation. paid 16 shall not exceed the lover of the two (2) bide. (g) Classes of impact for which compensation may be granted. 17• In order to verify such information, the (1) Actual Reasonable Relocation Expanse' 18 Department shall have the right to enter the a) The owner or operator of an affected activity 1f activity's premises at reasonable times. Such 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 • 71 verified by the Department. amount to include the cost oft 22 a) Belf-Moves. In the case of a self-move the 1) dismantling operation; 23 owner of a relocated activity may be paid the 2) actual moving; • 24 lower of two (2) sealed and itemised bids from 3) reassembling equipment; •25 •• licensed moving companies based on a detailed 4) installation of equipment; 26 listing of the cost. 5) Internal connection of utilities to 77 = • (2) Actual Reasonable Hod!figpt • t - equipment; 28 The owner or operator of an affected activity may be 6) minor modification of site to accommodate 29 paid the actual reasonable expense to modify the operation, specifically excluding structural 30 operation of the activity in order to comply with changes to the building or paving and 21 this ordinance. Buoh asount to include cost ot1 drainage requirements at the mite; 22 a) modification of Machinery; • ` 51 • 52 a r b) dismantling and moving unusable machinery/ j i 1 location less net proceeds at the sale, c) unsalvageable inventory per section 14(g) (3) 3 below; = or 4 2 2) The estimated cost of roving the item to the d) moving equipment out of a Zone one (1) on the 4 replacement withinsit activity's property per Section 14(g)(1) above. e the geographic e (3) 1►ctuaLDirect ! • boundaries of Palm Beach County. . oseee_of Tamale Personal_Pronerty. Actual direct losses of tangible =4 c) - If a sale-Janet effected because no offer is ng personal property • are allowed when a person closes or relocates an •• received and the item is abandoned payment for t •activity.' Payment may only be made after a diligent I the loss may be its fair market value for ill effort is made t continued use at its existing location plus the by the owner to sell the item(a) 11 involved. 10 costs of the attempted sale, less the 12 11 equipment's salvage value. a) If the activity is to be re-established and an 13 12 (4) In Lieu of_Actual Moving item of property to be used therewith is•not S E xpeneed. In lieu of the 11 17 • payments described in Biction 14 moved but promptly replaced with a comparable (g)(1-3) an owner of n 1f 14 discontinued activity may be eligible to receive al dtem at the new site, reimbursement shall be 1e 1s payment equal to seventy-five either: tY percent (79t) of the' e 34 • estimated reasonable cost of moving the activity within' se. 1) Repl t cost, taking into account 17. • palm Beach county, except that such payment shall not be 1s depreciation, less the proceeds of the sale. 10 more than the lower of two (2) sealed and itemized bids, le Present value booed on accepted standards in! se It provided the following requirement■ are mutt the related business community may be to a) For the owner of an affected activity to be entitled 22, • • substituted for'net proceeds of a sale where' 21• to this payment, the County or its designee must 2! applicable, or 22 determine that the business cannot be relocated 21 2) estimated cost of.moving the item to the 21 without a substantial loss of its existing 24 replacement site within the e g ographic 24 patronage. Such determination shall be made by the us boundaries of Palm Beach County. 21 County or its designee only after consideration of 18 b) If a process at the activity is being is all pertinent circumstances, including but not 27 discontinued or an existing item is not to be 27 limited to the following factors: 2e replaced in a re-established business payment P yment is as will be either! 1) The typo of business Conducted by•the displaced 29 activity. j 1) The difference between fair market value as 11 evidenced by two (2) written appraisals of 10 2) The nature of the clientele of the displaced 21 activity. Si the item for continued use at its prior u 3) The relative importance of the present location • 13 34 I' , I • • i to the displaced activity. a1 • i) Cost of preparing the petition for compensation. 4) The additional costs which would have to be =• ••+ 3 1 (6) Palk Beach County shall disperse eighty-five percent incurred to move the activity due to changed 4 (eat) of the compensation to be paid as determined by the . circumstances or applicable laws, ordinances, or 4 s Board of county cowmissioners•in advance of any mews or regulations. s s • change of operation. Palm Beach County shall retain b) owner or Operator !lust Provide' Information. For the fifteen percent (15%) of the monies authorised as 7 • owner or operator of an affected activity to be . ? • compensation for economic impact of this Ordinance until a entitled to his or her payment, information must be s such time as the affected activity has carried out the provided to. support the estimated moving costs. • s procedures outlined in its petition for compensation and IS. Such proof shall consist of two (2) sealed bids from 70 provides evidence of such expenditures. 11 licensed moving companies based on a detailed Ii' (7) Upon receipt of payment of compensation as provided in 12 inventory of the items which would be moved. 12 this Ordinance, the recipient shell execute a release in 13 (5) 7volusione on Movine Expenses and Losses. The following 11. 14 favor of Palm Beach County from any further obligation to expenses arm considered ineligible for payment as i{ is 'actwL•r moving expenses the recipient with regard to the economic impact of this 1s _ Ordinance on the recipient or activity. 1s a) Additional expenses lnwrred because of moving to 14 17. and living in a new location including cost search 17•, Section 11. 2pApgpn, is for finding a new dwelling. is In the event; there is a change of ownership, a new lease, or an ~ is b) Cost of moving structures, improvements or other if assignment of a lease, a sublease or any other change in regard to le real property in which the displaced activity 20 the person conducting the ope;atlon regulated, the Department shall • 11, reserved ownership. 21 be notified and upon payment of'the appropriate fee and completion. 21 0) Significant changes in building structure but not . 21 'of..prooessing of an application by the Department, the Wellfield 71 including minof electrical, plumbing or carpentry 11 Protection Operating Permit shall be transferred. 1{ work. 1 • 2{ ss d) Cost of improvement to activity made alter such is • Section 14. TRADE 8p•CRETg. • la activity was on notice that it is affected by this is , The Department shall not disclose_any trade secrets of the 23 Ordinance and would have to cease or alter an 17 applicant or permittee that are exempted from Much disclosure by 1s operation in zone One. 26 Federal or State law, provided, however, the burden shall be on the is e) Interest on loons to cover moving expenses. 23 applicant or parmittee to demonstrate entitlement to such la f) Lose oLtgoodwill. 30 nondisclosure. Decisions by the Department as to such entitlement 11 g) Loss ofibusiness or profits or both, 31 shall be subject to challenge by the applicant or perwittee by m • h) .Lose of trained employees, • it filing a petition with the Environmental Ordinance Appeals Board 35 A • SS • I . . • "Orply with the requirements of this ordinance or any) i of the date upon which the petitioner receive■ notice of the 1 peralt, exemption, or approval granted or authorised hereund• department'e actions with respect to section 17.01 a(( ),. or 4 shall constitute violation of this Ordinance. S intended action with respect to 17.01(b). Failure to file Violations of the 6 Pby within such tine shall constitute a waiver of the person's • provisions of this ordinance shall upon conviction be punished e • a tine not.to exceed two hundred fifty dollars S right of review by the Environmental Ordinance Appeals Board. (a250.00) per day !o • for a first violation, �a"d five hundred dollars 11 • filing of a petition authorised by this section shall stay • (5500.00) per day 12 11 o {or a �apeat'violationl In addition to the sanctions contained 14 13 all proceedings withn respect to all matters! which are 1 is a final a herein, the County may take any other n 15 contained in the petition until there. ppropriate legs) action, 16 • there: is but not limited to, administrative action and requests 10 decision of the Environmental ordinance 7lppeals'Hoard. s • for temporary and permanent injunctions, to enforce the proVisione 2iv 0 _ J is of thin Ordinance. it i■ the purpose of this Ordinance to provide 721 2 • 17.03 Revie The decision of the Environmental Ordinance remedies. =3 Appeals Board, shall be final administrative action on behalf of 1 o additional cumulative r 24 25 the Department and the Count 3 Section lff. QR Dt 2 328 OCMtATgp AN T1�A1►L RI p NAROURCER 26 Y. Any person who is a party to the Pnn�tew��nv 77 proceeding before the Environmental Ordinance Appeals Board may 7• 29 appeal such final action byfilm a The Groundwater ind Natural Resources Protection Board shall 30 q petition for writ of S. oertiosari in the Fifteenth Judicial Circuit, in and for Pals Beach • hear alleged violations of this Ordinance if there has been a »• eCounty, Florida. i failure to correct a violation or if the wane violation has been 34 I 7s 2 • repeated. 16 Section 1a. ?ALN BEACH COUNTY POLLUTION RECOVERY vnturtirtiiin S 17 18 Funds collected pursuant to administrative penalties levied by the �• Section 17. ENVIRONMENTAL ORDINANCE APPEALS BOARD. 1f ' 40 Groundwater and Natural Resources Protection Board for violations t 17.01 rs Hatte forevie rw end tics for •'lt-_ �1• 42 of this Ordinance shall be deposited in the Pals Beach County Any person may appeal to the Environmental Ordinance A 43 • ppeals Doard 44 Pollution Recovery Trust Tend. 1 for the following reasons' 46 . 4s 47 I (a) To appeal the Department's permit conditions, denial of as Section 19. WEAL OF LAWS IN CONFLICT. a permit, General Exemption or non-di■olosura of a trade) So All local laws and ordinances a 1 !n to the unincorporated and PP Y 9 secret. 51 incorporated areas of palm Beach County in conflict with any ss 1 (b) To appeal an intent to revoke or revise an Operating j s� provisions of this Ordinance ads hereby repealed to the extant of I permit and a a.ner■1 Exemption, or1 ss any conflict. In addition, this Ordinance repeals and supersede. I 56 (o) To request a Special Exemption. I S7 Palm Beach County Ordinance numbers 8e-7, e8-12 and e8-29. All se I 60 59 • notions taken pursuant to the provisions of these Ordinances shall 17.02 =ire for.N lino. Written petitions for review shall a1 continue to be effective under the authority of this Ordinance. be filed with the County Attorney's office within twenty (20 Y da ■ 63 63 •7 ie se . I Section 20. EEVERAeIt.Vry. 2 3 If any section, paragraph, ■sntencs, clause, phrase, or word of 4 1S1DI18IT -A, a Ordinance is for any held by the Court to ba s oenarlo Substances List 7 unconstitutional inoperative or void, such holding shall not affect •a Acid and baste Gleaning solutions f the remainder this Ordinance. • • Antifrease and coolants • 10 Il Arsenio end arsenic eeepounds * Bleaches, Peroxides * Brake and 32 Section 21. JNCLUSIQN IN THE CODE OF LANS AND ORDINARCES. ' tion nlon fluids 17 * Brine solution • 14 The provisions of this Ordinance shall become and belied• a part-of Casting and Foundry chemicals 14 Caulking agents and sealants is the coda of laws and ordinances of Palm Beach County, Florida. The * Cleaning solvents ' 17 * Corrosion and runt prevent on solution, • 18 Sections of the Ordinance slay be renumbered or relettered to * Cutting fluid,* Degreasing solvent ` }if ao accomplish such, and the word "ordinance' may be changed to * Disinfectants 1 * Electroplating solutions 33 'section,' 'article,- or any other eppropriata word. * Explosives 27Fertilisers 34 * Fire Eatinguiahing chewiest.35 Section 22. IRPFECTIVR DATt+ * Food processing ai * Formaldehyde 27 The provisions of this Ordinance shall become effective upon * Fuels and additives 28 Clue,, •dhe•Lve• and resins of receipt of aoknowlebgsment by the Secretary of 8tpte." * C * Hydraulic fluid • 30 al APPROVED AND ADOPTED •by the Board of County Commissioners of Pals • 1 Indl 32 • Industrial and cesreralal aniterlal supplies as Desch County, Florida, on the 16 day of July 1991� * Industrial sludge• and •tillbottoaa 3� Inks, printing end photocopying Ghwloals of PALM 8 !t COUNTY, FLORIDA BY ITe * Laboratory chemicals 3ti BOA COUNTY COMMISSIONERS * Liquid stori�• batteries 37 Medical, pharmaceutics/1 dental, veterinary and hospital solutions 18 * Mercury and aaroury compounds 31 * Metals finishing solutions 40 Oils ItPaint,, primers. thi dyes, stain,, weed presenativs, s1 man 47 • varnishing and cleaning compounds 43 * Painting solvents 44 APP ��ED AS TO D . * PCB', 41 �� su A JOHN B.DUNKLE,CLERK * Pesticides and herbicides u L47 / .a/L 1 -i/ Boo of County Comnilisl0nctl • Plastic resins, plaatlelsen and catalysts ti Photo development chemicals 40 County Attorney �•� * • Poisons • p111tt7C1IltK , * Polishes • Pool ehemleels SiSO * Processed dust end particulates 53 * Radioactive sources 3 * Reagents and standards • 54 * Refrigerants * Roofing chemicals and sealers SI fi Acknowledgement by the Department of State of the State of ** Sanitlsors, disinfectants, baaterlcldai and algaecides 17 Florida on this, the day of , 199_. . * Soaps,r detergents and sutfadtanea SO Solders and fluxes ff EFFBCTIVE DATES ]►cknowledgsment •troy the Department of * Stripping compounds . 10 State received on the day of , 199_, at t •• TTanning industryacn apacitor 61 .N„ and filed in the oft cs of the Clerk of the Board of County • Cater[and w ate capacitor cent/!Lelia U Commissioners of Palm Beach County, Florida. Pater and wastewater treatment ehemlG■ls it 14 • . SI• P • t ' EXUHIBIT -1- xxiIIalT •O• Operating and Closure Permits. • Ice schedule 1• gni,r/SIOJA0TECriQ p gg46IlimlLC2Stl- l1 •- all applicants for a W L e d Protection operating Pirmlt shell pay a non-refundable filing fee according to the following sohedulei Zon. Fffi1-2 L_IIl.-.t gellftsld Song Utottjit . l or Cub lead $20.000 2 1750, • 110.000 $5,000 • 4 1371 The filing fee shall be paid prior to acceptance of the permit application for review. The See shall be used to defray the cost of • • administering this ordinance. • Permit Send with 120.000 $10.000 jFOO !! L ate sQn a ._.. . . Corporate Surety 15.000 • 2. �pplicanPERtor a�pearr. I toiappINS l till■ la Allen-- tones shall payla nonpaidundable tiling fee inathe aaount'of $150 The filing fee prior'Id acceptance of the permit applloation for review. The fee shall be used to defray the cog% of administering Letter of Credit $20,000 $10.000. $5,000 • thin omit • 3. 4LQSURR_TRn fT IE A11 applicants for a closure permit shell pep a • fee equal to ons-nail (1/7) of the fee for the Wellfleld Protection • Operating Permit Application. Amounts reflected in this table era for each Operating and Cl Permit issued and may be adjusted by the Pale Such f• PERHYT TRARpper tin -- The fee for transfer of any Wellfleld • Ceuaty Departaene of Environmental Resources Management. • proteoEtlloe Operating permit, permit to apply pesticides or closure g permit shell be fifty dollars (I10) to defray the cost of prooe=aing the transfer. • ` S• alU{ibT P nl fi dAk1 l -- Beginning October 7, 11f0e all per* ee■ enasz. pay an anneal permit renewal Lee for each permitted facility to defter the costa of administering this Ordlnrnee. The Lee shall be:paid according to the following schedule. Rp1iflsld lapB ty.e lone 1• 10 gone 2 100 . • tons 7 72 • Sono 4 . Permit to Apply Pesticides 31 All permits Issued prior to September 30. 1110 are subject to an • annual fee for the year beginning on the following October 1. Any • permits Issued in subsequent years are subject to an amoral fee the following October 1. S. gh- O!AL XLHPT!4ti P2R •• Any person seeking a special exemption shall pay a fee of 1200 to defray the coat of processing the request, In addition to any appropriate permit fees. • • 7. QEHERAL EEHFTI0$ Fgg -- Any person seeking a general elemptien • pursuant to Seotlon 12.02. 12.02 or 12.07•ahall pay a fee of $100 to • defray the cost of p ing the request. In addition to the appropriate permit fees. • • S. 1;R1121lJQ FAOILITIE7 •- Facilities existing prloi to the adoption of this fee schedule shall have a minimum Permit Application Yes of tvanty.flve • (125) dollars up to 2300 square feet of specs In phich the permitted activity occupies. Facilities greater than 2500 square feet vlll be charged file ($5) dollar. per 1000 square feet with a maximum fee of Floe . Hundred ($500) dollar.. A late fee of twenty flva•($25) dollars shall be charged it the application for permit la lats. P. LULUS -- A Fee of ten percent of the appliestlon fee or ■ minimum of • twenty-five ($25) dollars for annual renewals shall be charged If the application for permit or *novel renewal tee le late. Should the application with sssociated fees not be provided within silty ($0) days from the date due, than additional lets fees of Fifty Dollars ($50) per month shell be charged until the application and fees ars received. • MINT 'D' ar1llalt •r• HINIMOH STANDARD' FOR liviR PIPS FITTINGS, COATING', and IMAGE 'Best Menagsm.,t Practices' Ler the Construction Industry lSBTSr'u' • A. puetll. Iron Pipes and Pitting. for Or*VLty Sewer and Foroe Main Applied/ions A. The gansral Con • . es If none. the property owner, shall be I. DOOMS Iron pipe .hall conform to the real !e of responsible for assuring that each contractor or subcontractor evaluates each site before construction is Initiated to determine if plans.ASI/AMMA C161/A2 6 unless SD thickness noted on the l any site conditions may peg particular problems for the handling of n. The rIn shall be class SO foropipe for eprg. 6 any Regulated Substance.. For instance, handling Regulated n, or Oland. o ■!sa end class nt for pipe smaller thane Substance. in the proximity of water bodies or wetlands may be 6 !n. Glands for meohanleal joint. shall b• of duollls !improper. iron or oast iron. • 2. fitting. shall conform to the requirements of A801/4VO4 B. If any regulated substances are atmrm� enthe construction sits C110/A21.10-61. Fittings 12 In and smaller shall have a during the construction process, they shall be stored In a location 2fo peel minlmvm working pea • and manner which will minimise any possible risk of release to the 3. ductile iron pipe iron pipe shall be Dlm.a' t Planned environment: Any storage container of SS gallons, or 440 peunda, or ductile iron and fittings shall have threaded more containing Regulated Substances shall have constructed below it slflanges, format oANSI/ANS noted A2 the drawings,. Ratlines lid an lspervious lament system esnatrusted of materials of shall be shall conform to 60, ANSIA 16.5-AAli abov sflanges sufficient thickness. denalty and composition that vill prevent the shall be flat etaosd�unless they areim*atiny up to llangse .discharge is the land, groundwater., or surface waters, of any gaskets , or etherwll specified, Pals'' flanges. RL1 pollutant which may emanate from said storage container or ekdle mhall be lull Laomd 1/8• red tubber. containers. Each lament system shall be able to contain 160Y of the contents of all storage °outainors above the containment system. 4. /. 1 to the raolrementa of ANBI/J1NNA 7 0111 mill/A21.111 1-86. • C. Mach aeatreeter shall faatlisrise b!m/herself with the manufacturer's N. Polyvinyl Chloride Pipe (PVC) and tilting. for Gravity and Bower safety data sheet supplied with each material containing a Regulated force Main Applloatlansl Substance and shall be familiar with procedure. required to contain and drumup an eel f the Regulated Substance. Any tools or • L• oaekmtmd Jolnt•lipe, squipsaut nasassary to aosempliah same dull be available in case of a. Pipe 4 in. ',ridges in demotes shell conform to the • tel.ese. • ',ridges to as set forth In ANNA c900-S1 with dimension ration OR le. Provisions must be made for contraction and expansion at each D. Upon sempletlsn of soa.truetlon, all unwed and waste Regulated • joint, or with rubber ring and an integral bell as part of each rial Substances and containment system. shall be removed from the qjoint, od fbyrom-the a rubber rim, sealed ownppips. Olsen, kbe Used.construction site by the responsible centraee.r and shalt be dlspe.sd • !!tling�dshall be east oroduattlo iron. ply bhaloha..sietwiron of in a peeper manner a. prescribed by lave pip. equivalent Outside dimuctile , • b Commercial Standard 2S61and Aer ST" D-22111.1 dProvisionsshall shallnbe to • made for contraction and expansion at earth joint with a rubber elan, • and en integral bell as part of each joint, or by a rubber ring • sealed coupling. Pipe shall be made from "DR 21, 200 psi clean, • virgin mar approved Type I, Grade 1 PVC conforming to AM 0-1784. Clean reworked material generated from the manufacturer's own pipe production may be used. Pitting■ for pipe smaller than 4 in. !n diameter shall be PVC. C. Coatingppeool .The lining •atyerigel for ductile iron pipe and fittings shall be vir• • inertnI lisrlandane with sufflcienttca bon black toASTM aresistpultraviolet ri• le • during aboveground storage of the pipe and fittings. The polyethylene shall be bonded to the interior of the pipe or fitting by heat. • • D. Leakage Tests,. The test shall be of two (2) hour duration. ' During the- . test, the pipe being tested shall be maintalnud at p ! not lea.• that 150 poi. Leakage is defined as the quantity of water added-to the pipe being tested during the test period. No pipe lnetallatlon will be accepted if the leakage exceeds the quantities .peolfLed in MOM C-400, • • Section 4.2.. No more than 500 feet of gravity sewer main or 1000 feet of • force main shall be tested at one time. :'S. Manholes' Manholes shall be precast and coated with an inert impervlous'matorlal. Manhole Inlets and outlets shall be tightly • sealed around the pipe and coated to prevent leakage. • • • • _ . ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF I 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 i 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