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HomeMy WebLinkAboutEC 89-02p ~ ;r ~- _.-. ~ ~ BEFORE THE BOARD OF COUNTY COMMISSIONERS ' ~ SITTING AS THE ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA ORDINANCE N0. 89-02 (Formerly No. 88-02) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY ADDING ARTICLE VI "WASTEWATER AND SEWAGE DISPOSAL COMPLIANCE PERMIT" TO CHAPTER 1-7.6 "ENVIRONMENTAL CONTROL"; THEREBY REQUIRING A WASTEWATER AND SEWAGE DISPOSAL COMPLIANCE PERMIT FOR ANY PROPERTY SERVED BY A NEW ON SITE SEPTIC SYSTEM IN AN INDUSTRIAL, OR RELATED ZONING, DISTRICTS, FOR ANY SUCH PROPERTY PRIOR TO A CHANGE IN THE TYPE OF INTENSITY OF USE, AND FOR ALL SUCH PROPERTY AT LEAST EVERY TWO (2) YEARS; SETTING FORTH THE REQUIREMENTS FOR APPLICATION FOR PROCESSING, AND ISSUANCE OF SUCH PERMITS; PROVIDING FOR REQUIREMENTS FOR SUCH ON-SITE SEWAGE DISPOSAL SYSTEMS IN INDUSTRIAL, OR RELATED ZONING, DISTRICTS; PROVIDING FOR ADMINISTRATIVE CONTROL, ENFORCEMENT AND PENALTIES, FEES, LOCAL APPROVALS, CONFLICTS; PROVIDING FOR SEVERABILITY, APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE; PROVIDING. FURTHER -FOR AN EFFECTIVE DATE, ADOPTION., AND CODIFICATION. WHEREAS, the deposit of toxic or chemical wastes into septic systems poses a significant threat to the duality of groundwater resources; and WHEREAS, the greatest danger of groundwater contamination through septic systems is in industrial areas where the permitted .uses of lands are most likely to involve the. production of toxic f and chemical wastes; and WHEREAS, the Board of County Commissioners deems it to be in the best interest of the public health and safety to ~t~~c-;; ~:3r~r~~ passages .are deleted. Underlined passages are added. -1- 600K b~~ P,',CE ~~~ • ' 1 . periodically monitor the uses of lands in industrial areas when the wastewater disposal from such uses is through septic systems, so as to insure compliance with all applicable sewage and wastewater disposal regulations of the State of Florida Department of Health and Rehabilitative Services. WHEREAS, the St. Lucie County Environmental Control Board has been established and delegated powers to enforce state and local environmental control laws, ordinances, and administrative rules pursuant to Chapter 83-511, St. Lucie County Environmental Control Act, Laws of Florida, and Chapter 1-7.6, St. Lucie County Environmental Control Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the St. Lucie County Environmental Control Board: PART ONE: The following shall be added to Chapter 1-7.6, Environmental Control, Code of Ordinances,. St.-Lucie County, Florida:: AgcT3CLE VI WASTEWATER .AND SEWAGE DISPOSAL COMPLIANCE PERMIT PART TWO: IN GENERAL Section 1-7.6-110. Authority for Enactment. This ordinance is enacted pursuant to authority vested in the Board ~f County Commissioners by virtue of Article 8. Section 1 of the Constitution of the State of Florida: Section 125.01 and Chanter 83-'511. Laws of Florida. £t~u~:e t:3rva~ passages are. deleted. Underlined passages are added. -2- BooK6~5 PrcE X30 "~` .. •Section 1-7.6-111. Permit Requirement. ° ~ (a) The owner of any property located in an industrial. or related zoning. districts (IL, IH, and IX zoning districts) in unincorporated St. Lucie County, for which wastewater and sewage disposal requirements are met through the use of an on-site septic system, shall, prior to the commencement of any business which shall be served by Mich, svctem, obtain from St. Lucie County a Wastewater and Sewage. Disposal Compliance Permit,.,,....,. pursuant to the nrCvi_si_~ns nf' thi ~ Article. b) The owner of any property located in an industrial. or related zoning. districts (IL. IH, and IX zoning districts) in unincorporated St. Lucie County, for which wastewater and sewage disposal reQUirements are met through the use of an on-site septic system. shall. prior to changing the nature. character_ or intensity of any business served by such system and located on the nx'opertY. a.nr1 nriar i-n the addition of any new use or business operation on such property, obtain from St. Lucie County a Wastewater and Sewage nisposal Compliance Permit pursuant to,._. the x~rovisions of this Article. (c) The owner of any property located in an industrial. or related zoning. districts (IL, IH. and IX zoning districts) in unincorporated St. Lucie County. for which wastewater and sewage disposal. requirements are met through the use of an on-site septic system, shall. every two years. obtain from St. Lucie County a Wastewater and Sewage Disposal Compliance Permit pursuant to the provisions of this Article. The owner of ~;._..cl: t::r~,:~ passages are deleted. Underlined passages are added. -g BOOK ~~~ PAGE ~~1 • 1 property located in IL, and related zoning, •districts shall obtain such permit between January 1 and December 31, inclusive, of every odd-numbered year, beginning 1989. The owner of property located in IH, IX, and related zoning, districts shall obtain such-permit between January 1 and December 31, inclusive, of every even-numbered year, beginning 1990. Whenever a permit is obtained by a property owner_ pursuant to the requirement of subsection-(a) or (b), above, during a year when a permit is also required to be obtained pursuant to this subsection (c) or not more than three (3) months prior to the beginning of such year. the requirement of this subsection (c) shall be deemed to have been satisfied. Section 1-7.6-112. Application; procedure. (a) An application for a permit required by this Article shall be made to the St. Lucie County Community Development Director, who shall administer the requirements hereof. Such application shall be in such form as is required by the Community Development Director, which form shall include, at a minimum, the name of the business. the name of the owner of the business, the location at which the business is operated, and a specific identification of each activity, use., operation, service, and manufactured or processed product involved in the conduct of such h~isiness. Volatile organic testing for on-site well(s), in the form required by the Community Development Director, shall also be submitted with each application. The application must be signed and sworn to by an owner of the business. ~-~~,,,~,,;: t::r:r~~ passages are deleted. Underlined passages .are added. -4- BOOK ~~~ PAGE ~~~ ~ ~ (b) The Community Development Director shawl forward every such application to the St. Lucie County Public Health Unit for review and certification. Upon receipt from the Health Department of a certification that the business has been inspected and that the use of the on-site septic system by the business for wastewater and sewage disposal is in compliance with all regulations of the State of Florida Department of Health and , Rehabilitative Services, the Community Development Director shall.. issue the Wastewater and Sewage Disposal Compliance Permit. Section 1-7.6-113. Requirement for on-site sewage disposal system. ..Any nn-site sewage disposal system permitted pursuant to this article shall meet the following requirements: (a) The on-site sewage disposal system shall only be used for the disposal of domestic sewage wastes as defined in Rule lOD-6.042(11). Florida Administrative Code. The disposal of on- site sewage disposal system of any industrial, hazardous or toxic sewage waste as defined in Rule lOD-6.042(20). Florida.._...,_ Administrative Code. is specifically prohibited. (b) All toxic or hazardous waste material, except domestic sewage wastes, generated on the property shall be collected and removed from the property for proper disposal, unless approved and permitted by the County for on-site disposal or reuse. No occupational license shall be granted for any use on the property if such use generates waste material. other than domestic sewage waste. unless (1) a contract for removal and disposal of such waste has been reviewed and approved by the County- or (2)`on- at~tre3e t:3r~:.:~ passages are deleted. added. -5- Underlined passages are BOOK~~~ PAGE 1 ~~ site disposal or reuse has been approved and permitted by the County. (c) No floor drain, rainwater leader, or other external drainage connection, except those serving solely .for purposes of collecting domestic sewage wastes shall be made to any on-site sewage disposal system on the property. ld) All drains that would potentially collect toxic or hazardous chemicals. within the meaning of Section 381.279(91,, Florida Statutes. shall be connected to a properly approved and permitted waste collection facility.. (e) So long as any on-site sewage disposal system is in use, . on the property, notice shall be given by the owner to the Count~~ of any change in use that would require the issuance of a new, occupational license. No occupational license shall be granted, unless the County approves the proposed use as consistent with:- (11 any on-site sewage disposal system authorized for the applicable portion of the property; and. (2) if necessary,, either: (A) an appropriate contract for removal and disposal of. . waste material other than domestic sewage wastes. or !B) a proper approval and permit for on-site disposal or reuse., (f) Monitoring wells. in the number and configuratior._. determined by the .Countv and the Public Health Unit. shall be required for any on-site sewage disposal system that is permitted by the County. ._ (a1 Anv other requirement which the Community Development ; Director determines necessary in the best interests of public. .I St~ru~l: t::_..~~k passages are deleted. Underlined passages are added. AA -6 BOOK ~~~ PACE ~~`$ ~ ~ f health and safety to prevent aroundwater~ contamination in industrial areas. PART THREE: ADMINISTRATIVE CONTROL, Section 1-7.6-114. Enforcement and Penalties.. (1) Enforcement, appeal and remedy of matters related to this ordinance shall be reQUlated pursuant to procedures established in Chapter 1-7.6. St. Lucie County Environmental Control Ordinance, and Chapter 83-511, St. Lucie County Environmental Control Act. Laws of Florida. (2) Each person who commits. attempts to commit, conspires. to commit. or aids and abets in the commission of any act. declared herein to be in violation of this ordinance, whether individually or in connection with one (11 or more persons, or as a principal. agent. lessee, or accessory, shall be cTUilty of such offense and everv.person who falsely, fraudulently, forcibly, or willfully entices. causes. coerces. requires, permits, or directs another to violate'anv pro~~ision of this ordinance is likewise, ouilty of such offense.. (3) Each day that a violation of this ordinance is. continued or Dermitted to exist without compliance shall, constitute a separate offense pursuant to Section 1-7.6-9, St. Lucie County Environmental Control Ordinance. and Chapter 83-511, Laws of Florida. (4) No County Dermits or certificates of occupanc~~ shall be issued to any violator of this ordinance until the violation(s) have been properly abated to the satisfaction of the County.. ~t~;;~;: t::r,,,;:7:: passages are deleted. Underlined passages are added. -'- BooK 6~5 p,~~E 1~5 - •' - (5) In addition to. or in lieu of. others penalties provided by the law, appropriate miticration may be required for violation. of this article. Section 1-7.6-115. Fees.. A schedule of fees may be established by resolution of the Board in order to cover the costs of technical and administrative, activities required pursuant to this ordinance. An applicant for anv development that is subiect to the rules and requlations set out in this ordinance shall bear the costs stipulated within such fee schedule. Section 1-7.6-116. Local Approvals Not Exclusive.. Approvals required pursuant to this Ordinance shall be in, addition to and not in lieu of anv federal. state. regional, or other local approvals which may be required for the same or. similar activities. Similarly, compliance with provisions of this ordinance does not excuse any person from having to comply with other applicable federal, state. reQional~or local laws.. Sec:t~.on 1-7.6-117. Conflicts. In the event this ordinance conflicts with any other, applicable reQUlations on this subiect matter. the more restrictive shall apply. PART FOUR:- SEUERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be ~t-~~::.:e thresh passages are deleted. Underlined passages are added. -8- Boox 6~5 p~~~ ~.~6 . .. , ., held to be inapplicable to any person, property,•or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART FIVE: APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART SIX:~~FILING WITH THE DEPARTMENT'_OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART SEVEN: EFFECTIVE DATE. - This ordinance shall take effect on March 1, 1989. PART EIGHT: ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice-Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner ABSENT Commissioner Jim Minix AYE Commissioner Jack Krieger ABSENT PART NINE: CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, .and the word "ordinance" may be changed to "section", "article", or other appropriate word, and 'the sections of this ordinance may be St~uc:~ t:irti.~:~ passages are ,deleted. Underlined passages are added ., r- r~, -9- BOOK ~~~ PACE ~e? 1 _~ - renumbered °r r hoWe~er elettered ~, l ~° pAgs that parts pOUr th aCCOmAlish such . ED AND DpL1, ADOpTE r°ugh Nine Shall zn~ention; Ar°Vid n°t ed, ATT be codified. / -.. `.EST:'•~,. hls 13~h daY °f F . }; ,, ~ ~ > ~ BOAR ,~ °-' it,~, >-. '~~ ~'~r r ~C - .~ UCr CO Y.t.i ./'iaA _2\ X 1 "` -.~~, -~-'~ ~:,, X ;~ ~ ~ RK ~ UN ~; ~'~( ~ SSIONE RID ,- BY: • ~ ~~ ~ 4 = ~d "" cs...eee Y ,. c~i ~ ~~ . ~ ~. ~~:~~~ ~ 1~,./ 1 :~~<~;~ i r~~. r1 _..... -. n .'-.-t;.~5 .. ~ .... %f?` . '89 FEB 24 q g . U ~~~__: - -~~ , added• Passages are dejeted- Under _l0 ~ R 6~ lined Passages are aoox 5 P~c~ ~~8 yk~ i. . ~~• .~. .p' ..