Loading...
Ord 06-10ORDINANCE NO. 06-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER S3, "SANITARY SEWERS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.064, "PREVENTION OF ACCIDENTAL DISCHARGES", AND RENUMBERING THE REMAINING PARAGRAPHS TO MAKE THIS SECTION CONSISTENT WITH OTHER ORDINANCE SECTIONS I3;EGARDING ABOVE-GROUND STORAGE TANKS AND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE, WHEREAS, the City of Delray Beach desires to modify this section in order to make it consistent with other City ordinances regarding above-ground storage tanks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter S3, "Sanitary Sewers", of the Code of Ordinances of the City of Delray Beach is amended by amending Section 53.064, "Prevention of Accidental Discharges", to read as follows: Sec. 53.064. PREVENTION fJF ACCDENTAL DISCHARGES. (A) Where determined by the Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this Chapter, Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment far storage of potentially hazardous andlar regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, {City of Delray Beach Cade of Ordinances x:94} Sections 96.40 through 96.47, Article 14, Chapter B, Section 6, Subsection C of the Palm Beach County Unified band Develaament Cade. Containment requirements must also meet ar exceed the fallowing criteria of this subchapter: {1) jC'ontainment Yt~lume.J Containment volume to be provided shall be one hundred fifty (150} percent of the total stared material. {~} ~ Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. {~} ~ Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition. No rust, corrosion or other signs of deterioration of the primary containment wall shall be permitted. A11 stored containers shall be closed and sealed during storage. {3-} ~ Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. {-~} ~ Stand-by MaterialsJEquipment. Absorbents and pumps for pumping out spills shall be available when needed. (~} ~ Design of Containment FloorJBase. The floor or base of the containment area an which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. {$~} ~ Materials of Construction for Containment. The walls, sidings and floor ar base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. {C) On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety {90) days after notification by the City. If further required by the City, a user who commences contribution to the Public Sewers after the effective date of this Chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. {D} In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the Director, the Executive Director, and the City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 2. 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 of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO.O6-l0 Section 4. That this ordinance shall become effective immediately upon passage an second and final reading. r~~ PASSED ND ADOPTED in regular session an second and final reading on this the c~ day of , 2010. ATTEST: ;~ ~~ M A Y City Clerk First Readin ~ ~ \ c~-f*3 Second Reading a~~~ 3 ORD. NO, 0~-10 Page 1 of 1 ME~ORANDUI4~I TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 25, 2414 SUBJECT: AGENDA ITEM 20.B. -REGULAR COMIYIISSI©N MEETING OF FEBRUARY 2 20].0 {}RDINANCE N0.06-10 ITEM BEFORE CQMMISSION This ordinance is before Commission for second reading to amend Section 53.464, "Prevention of Accidental Discharges", by removing any reference to above ground storage tanks from this section. BACKGROUND At the first reading on January 19, 2414, the Commission passed Ordinance No. 46-14. RECOMMENDATION Recommend approval of Ordinance No. 46-10 on second and final reading. http:l/miweb44l IAgendaslBluesheet,aspx?ItemID=2981 &MeetinglD=231 2!312414 ORDINANCE NO.06-10 AN ORDINANCE OF THE QTY COR~IISSION OF THE QTY OF DELRAY BEACH, FLORIDA, A-~~ENDING CHAPTER 53, "SAMTARY SEWERS", OF "T'I~ CODE OF ORDINANCES BY A-~dIENDING SECTION 53.064, "PREVENTION OF ACQDENTAL DIS~~HARGES", AND RENL.IMBERING THE RERrIAINING P~-RAGI2APHS TO MAKE THIS SECTION CONSISTEI,TT WITH OTHER ORDIN~-NCE SECTIONS REGARDING ABOVE-GROUND STORAGE TA,1~~TKS AND TO LlI'DATE REFERENCES TO OT'I-~R REGULATORY SE~;TIONS; PROVIDING A SAVING CLAUSE, A GENET;AL REPEALER CLAUSE, p~JD AN EFFE~'TIVE DATE. VVI-AREAS, the City of Delray Beach to nxxlify this saactian in air to nta~lce it consistent with other City ordinances rt.~g~rding above-ground storage tc~. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COR~iVIISSION OF T';~~ QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Chapter 53, "Sarut~uY Sewers", of the Fade of Ordinances of the City of Delray Beach. is amended by amending Section 53.064, "Prevention of Accic~ntal Dischs", to rtad as fo3lows: Sec. 53,064. PREVENTION OF ACCIDENTAL DISCHARGES. (A) Where determined by the Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this Chapter, Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B} Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous andlor regulated materials. 'The containment requirements are those now specified in, but not limited to, 4Q CFR 264, 3 70 through 3 76, {City of Delray Beach Code of C}rdinances 3:94}; Sections 96,4Q through 96.47LArticle 14, Chapter B, Section b. Subsection C of the Palm Beach County Unified Land Development Cade, Containment requirements must also meet or exceed the following criteria of this subchapter: (1) j`Containment Yotume.J Containment volume to be provided shall be one hundred fifty { 1 SO} percent of the total stared material. {~ r ~ , {3~ u Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment azeas shall be provided. {~ ~ Conditions of the Stared' vessel. All stored containers shall be maintained in sound condition. No rust, corrosion or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. {~ ~ Segregation of Chemically Reactive Contents, Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. {~-} ,{~ Stand'-by MaterialslEquiptnent. Absorbents and pumps for pumping out spills shall be available when needed. {~} ~ Design a~ f `Containment FlaorlBase. The floor or base of the containment azea on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent ar minimize contact between the storage container wall and spilled content. {$~} (?,~ Materials of Construction `f'ar Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (C~ On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90} days after notification by the City. If further required by the City, a user who commences contribution to the Public Sewers after the effective date of this Chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (D) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the Director, the Executive Director, and the City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 2. That should any section or provision of this orc~iarue ar any portion thet~eof, any paragraph, sentence, ar wut~ be declared by a court of conxpetent jurisdiction to be invalid, such decision shall not affect the validity of the remainder ~f as a whole or park thereof other titan the part declared to be invalid. ~~.tl` nom. That all ordinances or parts of ordinarues in conflict herewith be, and the same are hereby rr~x~aled 2 C}RD. NO.OG-10 man 4. That this a~dinance shall became effective inuneciiatelY open passage an second and final reading P~~SE D A,NE1 ADOPTED in n~;t~]ar session on second and final n~~ing on this the day of 2010. ATTEST: City Clerk First R Second MAYOR 3 ORD. NO.05-10 Page 1 of 1 MEMO~-ANDUM TO: Mayor and City Commissioners FRAM: R. Brian Shutt, City Attorney DATE: January 12, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 ORDINANCE NO.6-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 06- l0 which amends Section 53.064 of the Code of Ordinances by removing redundant size limits on above ground storage tanks from this section. BACKGROUND The Commission amended Section 96.46 of the Code of Ordinances in February 2009 to bring its requirements regarding above ground storage tanks up to date. Section 53.064{B} of the Code of Ordinances provides that Sections 96.40 - 96.47, along with Federal requirements, apply to Chapter 53. The language contained in Section 53.064{B){2} is not needed in light of the previous changes made to Section 96.46, therefore, staff is seeking to delete it as it could be in conflict with the requirements set forth in Sec. 96.46. RECOMMENDATION Staff recommends approval of Ordinance 06-10. http:llmiweb001lAgendaslBluesheet.aspx?ItemID=2945&MeetingID=230 112512010 Sa~utdayr~at'aary 23, 201.0 ~ (561) 820-4343' The Palm Beach Post ;~ PalniBeachPnst.com 35E EvO. 5022862 :CITY OF'DELRRY f3~1CH, FLORlDla NOTICE OF PUBLIC HEARING APUBLIC-HEA81C[rv+ill-bra heldon thc'- {gllrnving prooa r.d nri}u an t7.99 p~m. on FUESDAY FE6RUARY 2, {~~ at any cuHmuatk ~R'n Uch mcetlrg I. which r; :Rt,liy the Corithnssionj, in t le City Cun~misstnn Chambcr~, 1Ull-PJ.o?r:. `I st Avenuc,. Delraf ?earh, Jlnr~dh, of. 'irhich tinta the Csty r>alnrnlssron .rill'. ':_Unxdel i[s ~'Inrtion.:-Thr. propose) ~;rdin3nc': 1lldy Lia rnsperrFd at thr.: '~f3i~ e of thnsCrty Clerk'at CI!y fall; }f,~0 S10Q p n . iJ`nrda}' th'ruuyh FriJ:+y„ <ex.cept hn4iciays All IntPrnaed paitm,. -'ire invrtedto aiten~;l ani1 E e herrrrl :"i.thS respect tcJ tfie prnppose~J crdRYal•:.e. OJZDtNANCE N0. (!0 1Q , AN QRDhJANCE OF THE CITY-COP/r N[fS510N O.F TFIF €fTY OF llktf;i~Y- E3LACH,F.LOi21UA,L,]v1E'"J(-IENG.f,.FkKP ' 'fR ,3,"ANITARYSF4+1Ltt5' OFTH~' CODE Uf='.URUINaNCCS B'f~a°~P.IECJLt-.. [N ~ SECTI(~Cd S.3 064,-"PR[ VFPJ?IO Oz a,Cf.11]FSVTAL DtSCHnRGES", APrCi R'CNUh9'S~R?NG T+CE FCh4AENICJG- -?ARAGRAf HS ECthlsF.ETH15-~Fi.=- TJOV (CZfJ51fiTCNT ~"lJIH UTHER' -::C?RDIN.RN€E SEt'TInNSRLGi"+RD3PJG`:` :~,RC?UC-GROUND:STtJRAGF'?rAPJK ~: :,AND TO L!r UATC RE ERENr~ES TCJ .'OTHER RtGULATOP,Y, SEf_TLiJPdS;. ~F'P.CiVIplN6 A ~RV[PJG CLALIS.F, :~. r.6ENER,4L-zFPfALERCL'~USb, ;'+f•JU. =A.N EF:FEC'F€VE UATE, : P'lenw nr. havrsad 4iat Il a 17er.nn iity.;, such ~iPr rr'r'a~ n c.d rV vnsuie that a VCrtltl.l[Il IeCnfl~'nrlll n; t'1C tG'-. t~rnoR)':rRCI:CV±dCn000pV11 Nl~lill Tl'a' sppeaf rs t~rbe ni,~d:- The `_Ity'iJues. `not provide .lol {liepare snrh record- ~i:IkStknlit tn.E S 280 U}US Ctl ~' OF ULLRAY P.E?.CI f ,Chrvc l.v D.. PJ'u L+u., C^i11 Cil~~++ CIer3 " PUB. I hr F'aliit Eearh Po.a .ia~tnry23,.21)lU _