Ordinance No. 01-24ORDINANCE NO.01-24
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,CHAPTER 96,"FIRE
SAFETY AND EMERGENCY SERVICES."SECTION 96.08,
"HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE;
RECOVERY OF COST."BY ADOPTING A NEW TITLE,"RECOVERY
OF COSTS,"ADOPTING A NEW DEFINITION FOR FIRE-RESCUE
RESPONSE,AMENDING THE DEFINITIONS OF COST,HAZARDOUS
SUBSTANCE OR HAZARDOUS WASTE,AND PERSON,AND BY
ADOPTING REGULATIONS FOR REIMBURSEMENT TO THE CITY;
PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE;
AUTHORITY TO CODIFY;PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS,the City of Delray Beach (the "City")adopted rules and regulations governing fire and
emergency services provided throughout the City in Chapter 96 of its Code of Ordinances (the "Code"):and
WHEREAS,the Code does not currently provide for cost recovery for fire and emergency services
resulting from a violation of any City regulation or State Statute;and
WHEREAS,the City Commission finds adoption of this Ordinance to be in the best interests of the
City.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section I.The recitations set forth above are incorporated herein.
Section 2.Chapter 96,"Fire Safety and Emergency Services,"Section 96.08,"Hazardous
Substances and Hazardous Waste;Recovery of Cost,"of the Code of Ordinances of the City of Delray Beach,
Florida is hereby amended as follows:
Sec.96.08.HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE;RECOVERY OF COSTS.
(A)Definitions.
Cost.Those necessary and reasonable expenses incurred by the City or its agents in connection with
investigating,mitigating,minimizing,removing,or abating the release of hazardous substances and
hazardous waste a Fire-Rescue Response,including.but not limited to,the actual labor cost of City
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 City may take in this regard out of the
City's jurisdiction or off site;and the cost of expendable items including,but not limited to,
firefighting foam,chemical extinguishing agents,absorbent materials,sand,recovery drums,
chemical protective clothing,gloves,and testing equipment.
Fire-Rescue Response.Any action taken by the Fire-Rescue Department in connection with rescue,
emergency medical services,mitigation,health,life,and safety issues,suppression and investigation
of suspicious or incendiary fires,investigating.mitigating.minimizing.removing.or abating the
release of Hazardous Substances or Hazardous Waste.
Hazardous sSubstance or hHazardous wa ste.Any substance or material in a quantity or form.
which in the determination of the Chief of the Fire-Rescue Department or his authorized designee,
poses an unreasonable and imminent risk to the life,health,safety,or welfare of persons or property
within the City including,but not limited to,those substances listed in the National Fire Protection
Association's "Guide on Hazardous Materials",the EPA 's United States Environmental Protection
Agency's list of "Extremely Hazardous Substances"or the "Florida Substance List",promulgated by
the State Department of Labor and [Employment]Security "Florida Substance List",the Emergency
Response Guide from the United States Department of Transportation,the Comprehensive
Environmental Response,Compensation,and Liability Act C.R.C.L.A.in 40 CF.R.300.6.,or Title
49 of the Code of Federa!Regulations.
Person.One or more individuals,partnerships,corporations,joint ventures,associations,property
owners,tenant,agents or any other entities or any combination thereof.
Release.Any intentional or unintentional action or omission resulting in the release or substantial
threat of a release,spillage,pumping,pouring,emitting,emptying or dumping of a Hazardous
Substance or Hazardous Waste upon public or private property located within the corporate limits of
the City.
(B)Authority to Initiate Action.The Fire-Rescue Department is hereby authorized:
ill to take,or cause to be taken,such steps as may be necessary to protect the life,safety,
and health of the public;and
ill to respond to and abate emergencies;and
ill to remove or abate the effects of any Hazardous Substance or Hazardous Waste
released upon or into public or private property or facilities located within the corporate limits_of the
City,and any actions associated therewith which occur off site.
(I)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 substance or
hazardous waste discharged or released upon or into public or private property or facilities located
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ORD.NO.O 1-24
within the corporate limits of the City.and any actions associated therewith which oeeur off site
designed to mitigate a hazardous substance or hazardous waste release or discharge.
(2)Any person or persons responsible for causing or allowing a discharge or release of
hazardous substances or hazardous waste that requires emergency action by the Fire Rescue
Department of the City or its authorized agents,in order to protect the health,safety or welfare,shall
be strictly liable both jointly and severally to the City for the cost incurred by the City in the
investigating,mitigating,minimizing,removing and abating any such discharge.
(3)When responding to the emergency caused by the unauthorized discharge or release
or hazardous substances or hazardous wastes.the Fire Reseue Department of the City shall keep a
detailed record of the costs and expenses attributable thereto.
(4)The authority to recover costs under this Section shall not include costs incurred for
aetual fire suppression services or other services which are normally supplied by the City's Fire
Rescue Department or its authorized agent.
(C)Recovery of osts ofHazardous Substance and Hazardous Haste lean+up.
(I)Any person or persons responsible for causing or allowing an unauthorized discharge
or release of hazardous substances or hazardous waste shall reimburse the City for the full amount of
all costs,as defined herein,associated with the investigation,mitigating,minimizing,removing or
abating any such discharge or release within a period of thirty (30)days after receipt of an itemized
bill for such cost from the City.
(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 City within the
time set forth in subsection (C)(I)hereof,shall be subject to a surcharge equal to one hundred dollars
($100.00)per day or ten (IO)percent 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 .
()L ia b ility fo r co s ts .Any Person charged with a City or State violation or responsible for
causing or allowing an unauthorized discharge or release of Hazardous Substances or Hazardous Waste shall
be jointly and severally liable to the City for the costs incurred by the City in its Fire Rescue Response.
(I)Incidents less than four (4)hours in duration.The responsible party shall be liable
to the City for the costs of all expendable supplies including,but not limited to:firefighting foam,
chemical extinguishing agents_recovery drums,absorbent_materials_protective clothing.gloves and
testing equipment.
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ill Incidents of four (4)hours or greater in duration.The responsible party shall be
liable to the City for the costs of all expendable supplies,the equipment and apparatus,and
personnel as determined by the City in its sole discretion.The cost of the equipment and apparatus
shall be calculated in accordance with the current United States Federal Emergency Management
Agency Schedule of Equipment Rates,as may be periodically amended.
ill For the purpose of this Section,"duration"shall be determined as the time period
beginning with the arrival on the scene of the first City response team member and ending with the
release of the last City response team member from the scene until their return to their assigned
station.
(D)Record of_Costs.Following a Fire-Rescue Response,the Fire-Rescue Department shall
submit a detailed record of the costs attributable thereto.
_(_fil Reimbursement of Costs.Any Person charged with a City or State violation or responsible
for causing or allowing an unauthorized discharge or release of Hazardous Substances or Hazardous Waste
requiring a Fire-Rescue Response shall reimburse the City for the full amount of all Costs incurred by the
Fire-Rescue Department,
ill Failure to pay Costs within 21 days from the billing date will be subject to the penalty
outlined in subsection (F).
ill Failure to pay costs within 45 days or more shall be referred to a registered collection
agency which will pursue collection of the outstanding balance along with any collection fees,service
charges,or costs accrued for the collection of said Costs in an amount not to exceed forty (40)percent
of the amount owed at the time the account is referred to the collection agency.
E Additional remedies.The remedies provided for in this Section shall be supplemental to and
in addition to all other available remedies at law and equity and may be negotiated or waived by the City
Manager when in the best interest of the City.
Section 3.
repealed.
All ordinances or parts of ordinances in conflict herewith be,and the same are hereby
Section4.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 5.
Section 6.
Specific authority is hereby given to the City Clerk to codify this Ordinance.
This Ordinance shall become effective upon its passage on second and final reading.
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ORD.NO.01-24
PASSED AND ADOPTED in regular session on second and final reading on this he_/-a 6rr2024.
ATTEST:...l..--Thomas F.Camey,Jr.,Mayor
Approved as to fonn and legal sufficiency:
First Reading «lac2lII
second Reaatg /&/234
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