80-89 ORDINANCE NO.'80-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 53, "INDUSTRIAL AND
COMMERCIAL WASTE", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA¥ BEACH, FLORIDA, BY AMENDING
SUBSECTION 53.999(A) TO INCREASE THE FINE FOR A
VIOLATION; BY ENACTING A NEW SUBSECTION
53.999(C) TO PROVIDE THAT A VIOLATOR MUST
RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION;
BY ENACTING A NEW SECTION 53.092 REQUIRING USERS
TO GIVE NOTICE OF A CHANGE IN THE NATURE OF
THEIR DISCHARGE; BY ENACTING A NEW SUBSECTION
53.121(D) (3) TO REQUIRE SAMPLING OF DISCHARGES
FOLLOWING THE ISSUANCE AND REISSUANCE OF PER-
MITS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", Subsection 53.999, "Penalty",
Subsection (A) of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby, amended to read as
follows:
(A) Any user who is found to have violated an Order of
the City or who willfully or negligently fails to comply
with any provision of this chapter for which another penalty
is not provided, and the orders, rules, and regulations
issued hereunder, shall be fined per day not less than ~
$1~000 ~6~/~/~/$~ for each offense. Each day on
which a violation shall occur or continue shall be deemed a
separate and distinct offense. In addition to the penalties
provided herein, the City may recover all reasonable attor-
neys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate motions or suit at law
against the user or person found to have violated this
chapter or the orders, rules, regulations, and permits
issued hereunder.
Section 2. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", Section 53.999, "Penalty", of
the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby, amended by enacting a new subsection (C)
to read as follows:
(C) Within thirty (30) days of any and all violations,
the user shall cause a sample of the discharge to be taken
and laboratory analysis performed on said sample at their
expense with the results to be provided to the Utilities
Director. The Utilities Director may require further
sampling at such times as he deems appropriate.
Section 3. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby,
amended by enacting a new Section 53.092, "Substantial Change in
Discharge", to read as follows:
Section 53.092 SUBSTANTIAL CHANGE IN DISCHARGE '
In case of a substantial change in the volume or
character of their discharge, it is the responsibility of
the user to immediately telephone and notify the Utilities
Director of such change. The notification shall include the
location of the discharge, type of waste, concentration and
anticipated period of time in which the change in volume or
character of the discharge is to continue.
Section 4. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", Section 53.121, "Application
for Permits", Subsection (D), of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby,
amended by enacting a new Sub-Subsection (3) to read as follows:
(3) Within thirty (30) days of the issuance or reissu-
ance of a permit, the user shall cause sampling of their
discharge and laboratory analysis of said discharge to be
forwarded to the Utilities Director. Upon receipt of the
results of said laboratory analysis, the Utilities Director
may direct the user to further sample the discharge at such
times as the Utilities Director deems appropriate.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity or the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 28th day of November , 1989.
MAYOR
ATTEST:
~ City Clerk
First Reading November 14~ 1989
Second Reading November 28. 1989
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