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Home My WebLink AboutDocumentation_Regular_Tab 08B_07/14/1994 � � . ;; ; VILLAGE OF TEQUESTA I � � Post Office Box 3273 • 357 Tequesta Drive ' ' Tcqucsta, Flonda 33469-0273 • (407) 575-6300 � ` Fax: (407) 575-b203 �� o s ; ' i •�~ GOVM� MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager � DATE: June 2, 1994 RE: Ordinance Providing for Recovery of Costs of Hazardous Substance and Hazardous Waste Clean-up; Aqenda Item � This Ordinance is proposed to grant to the Tequesta Fire-Rescue Department the legal authority to recoup all costs associated with hazardous substance and hazardous waste clean-up in the event a hazardous materials situation is encountered by the Fire-Rescue Department. . In this increasingly complex world in which we live, the probability of hazardous materials incidents is great. With the FEC Railroad traversing through the heart of our community, U.S. Highway One and the Atlantic Ocean, sooner or later Tequesta will be faced with a hazardous materials recovery incident. The costs a.ssociated with controlling and cleaning up such an incident could be extensive. Hopefully, Tequesta Fire-Rescue forces will be able to handle incidents on their own, but, if necessary, mutual aid agreements will be called upon, including, the one with Palm Beach County wherein they will charge back Tequesta $7,500 per hour for HAZMAT incidents. This poss.ibility alone merits the need for a cost recovery ordinance to enable Tequesta to recoup its expenses from those responsible for causing the hazardous materials incident. Most people would assume that a municipality would automatically attempt to recoup their costs, in such matters and Tequesta would with or, without such an ordinance. However, municipal cost � recovery activities are on more solid legal footing when backed up by the full force and effect of local law. Communities with foresight enact such ordinances. 1:,� ��lr,i !'r.�., Village Council June Z, 1994 Paqe 2 The Public Safety Committee at their meeting on May 19, 1994, recommended adoption of this ordinance. Likewise, staff recommends the Vil.lage Council adopt this important ordinance. TGB�cm � TE UESTA FIRE-RESCUE Q . Phone: (407) 575-6250 • Fax: (407) 575-6203 J . Weinand, Fire Chief , n �. .- • � � v�wuaEO� : - TE�UESTA � � JUN - i �.^-� N �� ' o� MEMORANDUM: �'� � � TO: Thomas G. Bradford, Village Manager �,,� FROM: James M. Weinand, Fire Chief �, � DATE: June 1, 1994 RE: Cost Recovery Ordinance, Agenda Item Attached is a drafted amendment to the Village Code so as to provide for reimbursement to the Fire Rescue Department for removal of hazardous substances and hazardous waste. 2 would appreciate your placing this item on the Agenda. � .7MW/cm attachment Post Office Box 3273 • 357 Tequesta Drive • Tequesta, Florida 33469-0273 JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYB AND COl1NSELOf'i8 FLA�LEA CENTER TOWER 608 80UiH FL.A�1t.ER DWVE �"'" �`°°R Tequesta Fire-Rescue �� e��a JOHN 6lAIR 6toCqACIfFM P. O. BOX 5�76 ��, �� 9fEa+�EN J AUCAMV BCptt L MaMULLEM WEST PALiI BEACH FLORIDA J6 ��•�NP TN�CE� a��aOn� .lOMN C aW oolvM .rOrCE A CONWAt JONN C. RAU (40� Ob0�lO0O ALLHON JOMNlT011 1r�R(i11RET l COOVER ANDI�W ROp tMb•Hp EDWMD d4Z STEYEN J IqMYI,N FAX: (107�8.'u' -1{b4 �� p. �� qEBECCAI O OOAME PE7EA A 9ACN8 �� '� tYps•IM� CMRi4TpP��Ep 6 pV� O CULVER BYITM ID $COTT p MAWKItfg $IONE� A 9TUBB5, JA OAUI C WOVE TMOFN*OM y MEMA�' ALLEN N TOMIINSp1 t � • �� aETEA S �iQ�TOM JOHN 8 TpIMPEA YA�7K B K�EINFELD MICMAEL O W/kgM WRITER'S dflECT UNE: aEnaEo wICMAE� 1. KW1NZ M. ADAYB WEAYER Fire Chiefs Office � Cp(J1yE� MAATiN fUNKiAN May 26, 1994 VIA BAB: 575-6203 James M. Weinand, Fire Chief Village of Tequesta Department of Fire-Rescue Post Office Box 3273 Tequesta, Florida 33469 � RE: Village of Tequesta Cost Recovery for Cleanup of Hazardous Substances and Hazardous Waste Our File No. 13153.1 Dear Chief Weinand: I have, pursuant to your request, drafted an amendment to the Village Code so as to provide for reimbursement to the Fire Rescue Department for removal of hazardous substances and hazardous waste. Please review this draft and contact me yith any comments or suggestions. In the event you are satisfied with the ordinance, it is ready for consideration by the Village Council. Sincerely, JONES, O ER, JOHNSTON & STUBBS, P.A. , John C. Randolph JCR/ssm Enclosure cc: Thomas G. Bradford, Villaqe Manager oRnixArres xo. AN ORDINANCE OF THE VILI�+,GF COUNCIL OF THE VILLAGE OF TEQUESTA, PAI�I BEACH COUNTY, FLORIDA, AMENDING CHAPTER 9 OF THE VILLAGE CODE OF ORDINANCES RELATING TO FIRE PROTECTION AND PREVENTION BY INCLUDING A NEW ARTZCLE III � RELATING TO HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AUTHORITY TO INITIATE ACTIONS; PROVIDING � FOR RECOVERY OF COSTS OF HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE CLEANUP; PROVIDING F�R SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLI,OWS: Section 1. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to Fire Protection and Prevention is hereby amended by including a new Article III thereof to read as follows: � "ARTICL$ III. HAZARDOIIS SII88TAHCEB AND BAZARDOIIB WASTE Sec. 9-13. Reoovery of Costa. (aj Definitions: (1) Cost: Those necessary and reasonable expenses incurred by the Villaqe in connection �ith investigating, mitigating, minimizing, removinq or abatinq the release of hazardous substances and hazardous waste, including but not limited to, the actual labor cost of Villaqe personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs for any actions that the Villaqe may take in this reqard out of the Village's jurisdiction or off-site; and the cost of expendable items, including, but not limited to, fire-fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothinq, gloves, and testing equipment. (2) Release: Any intentional or unintentional action or omission resultinq in the release or substantial threat of a release, spillage, pumpinq, , pourinq, emittinq, emptying, or dumpinq of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the Village of Tequesta. P (3) Hazardous substance or hazardous waste: Any substance or material in a quantity or form which; in the determination of the Fire Chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or pxoperty within the Village of Tequesta; includinq, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials"; the EPA's list of "Extremely Hazardous Substances"; or the "Florida Substance List" promulgated by the State Department of Labor and Security, or by C.R.C.L.A. in 40 C.F.A. 300.6. (4) Person: One (1) or more individuals, partnerships, corporations, joint ventures, associations, or any other entities or any combination thereof. (b) Authority To Initiate Action: � (1) The fire-rescue department is hereby authorized to take or cause to be taken such steps as may be necessary to clean up, remove, or abate the effects of any hazardous substances or hazardous waste discharged or released upon or into public or private property ar facilities located within the corporate limits of the Villaqe and any actions associated herewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharqe. (2) Any person or persons responsible for causinq or allowinq a discharge or release of hazardous substances or hazardous waste that requires emergency action by the fire-rescue department of the Village of Tequesta or its authorized aqents, in order to protect the health, safety, or welfare shall be strictly liable both jointly and severally to the Village of Tequesta for the cost incuxred by • the Village in the investigatinq, mitigatinq, minimizinq, removinq and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release of hazardous substances or hazardous wastes, the fire-rescue department of the Villaqe of Tequesta shall keep a detailed record of the cost and expenses attributable thereto. 2 (4) The authority to recover cost under this section shall not include cost incurred for actual fire suppression services or other services which are normally supplied by the Villaqe's fire-rescue department or its authorized aqent. (c) Recovery of Cost of Hazardous Substance and Xazardous Waste Cleanup: (1) Any person or persons responsible for causing or allowing an unauthorized discharqe or release of hazardous substances or hazardous tiaste shall reimburse the Village of Tequesta for the full amount of all costs, as defined herein, associated with investigating, mitigating, minimizing, removing, or abating any such discharge or release within a period of thirty (30) days after receipt of an i�emized bill for such cost from the Village of Tequesta. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the Village of Tequesta within the time set forth in paragraph (i) above shall be subject to a surcharge equal to one hundred dollars ($100.00j per day or ten (10) per cent of the total , amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. (3) The remedy provided for in this section shall �be supplemental to, and in addition to, all other available remedies at law and equity." 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. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. . Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. 3 s � Section 5. 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: F�R ADOPTION AGAINST ADOPTION � The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR'OF TEQUESTA Ron T. Mackail ATTEST: Villaqe Clerk JCR\131530RD\CASTRECO.ORD 4