12-90 ORDINANCE NO. 12-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96 "FIRE
PREVENTION; FIREWORKS" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SECTION
96.08 "HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE;
RECOVERY OF COST", TO PROVIDE FOR REIMBURSEMENT, TO THE
CITY OF DELRAY BEACH, COSTS ASSOCIATED WITH
INVESTIGATING, MITIGATING, MINIMIZING, REMOVING OR
ABATING THE RELEASE OF HAZARDOUS SUBSTANCES AND
HAZARDOUS WASTE; PROVIDING FOR A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds and declares that "hazardous
substances and hazardous wastes", as defined herein, discharged or
released upon or into property or facilities located within the
corporate limits of the City of Delray Beach pose a great risk to the
health and safety of the general public; and,
WHEREAS, the City Commission has determined that the prompt clean
up, abatement and removal of hazardous substances and hazardous waste
is vital to the protection of the health and safety of the citizens of
the City of Delray Beach; and,
WHEREAS, the United States Environmental Protection Agency (EPA),
has promulgated rules by which local governmental units may, under
certain circumstances, receive funds from the EPA for unreimbursed
costs associated with the clean up, abatement, and removal of
hazardous substances and hazardous waste; and,
WHEREAS, under the EPA rules, prior to receiving funds from the
EPA, local governmental units must first seek reimbursement of costs
associated with clean up, abatement, and removal of hazardous
substances and hazardous waste from those responsible for the release
of such hazardous substances or hazardous waste;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Prevention; Fire Works", of
the Code of Ordinances of the City of Delray Beach, ~lorida, be, and
the same is hereby amended to enact a new Section 96.08 "Hazardous
Substances and Hazardous Waste; Recovery of Cost", to read as follows:
96.08 Hazardous Substances and Hazardous Waste; Recovery of Cost.
A. Definitions:
(1) COST- Those necessary an~ reasonable expenses incurred by
the City in connection with investigating, mitigating,
minimizing, removing or abating the release of hazardous
substances and hazardous waste, including by not limited to,
the actual labor cots 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 C~ty 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, fire fighting
foam, chemical extinguishing agents, absorbent materials,
sand, recovery drums, chemical protective clothing, gloves,
and testing equipment.
~2) 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 of Delray Beach.
(3) HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE- Any substance or
material in a quantity or form, which in the determination of
th~ F~re Chisf or his authorized d~signee, poses an
un~eas,'~uak, l~ a~ ~nmi:~ent risk to ~he life, health, ~faty or
welfare of persons or property within the City of Delray
Beach; including, 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 or more individuals, partnership,
corporations, Joint ventures, associations, or any other
entities or any combination thereof.
B. Authority to Initiate Action:
(1) The Fire 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 release 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 designed to mitigate a hazardous
substance or hazardous waste release of discharge.
(2) Any person or persons responsible for causing or allowing
a discharge or release of hazardous substances of hazardous
waste that requires emergency action by the Fire Department
of the City of Delray Beach or its authorized agents, in
order to protect the health, safety, or welfare, shall be
strictly liable both jointly and severally to the City of
Delray Beach 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 of hazardous substances or
hazardous wastes, the Fire Department of the City of Delray
Beach, shall keep a detailed record of the cost and expenses
attributable thereto.
(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
City's Fire Department or its authorized agent.
C. Recovery of Cost of Hazardous Substance and Hazardous Waste
Clean up.
(1) Any person or persons responsible for causing or allowing
an unauthorized discharge or release of hazardous substances
or hazardous waste shall reimburse the City of Delray Beach
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 of Delray Beach.
(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 of
Delray Beach within the time set forth in Subsection C(1)
hereof, shall be subject to a surcharge equal to one hundred
dollars ($100.00) per day or ten percent (10%) 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 this section shall be
supplemental to, and in addition to, all other available
remedies at law and equity.
Section 2. That funds collected as a result of this ordinance
shall be assigned to the Fire Department for the purpose of
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equtpmen= replacemen= and the replacement of supplies used in
conjunction with hazard mitigation.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. 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 invalid.
Section 5. 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 ]1th day of ~p~l , 1990.
/ ,~4AYOR
ATTEST:
Ci%y--C1 e~k
First Reading March 27, 1990
Second Reading April 11, 1990
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