Chapter 362 - AIR AND WATER POLLUTION

Sec. 360.805. - Agricultural and silvicultural fires. Chapter 365 - HAZARDOUS REGULATED SUBSTANCE PROGRAM Chapter 362 - AIR AND WATER POLLUTION[1]

Footnotes: --- (1) ---

State Law reference— Countywide air pollution control, F.S. § 125.275; environmental control, F.S. Ch. 403; Florida Air and Water Pollution Control Act, F.S. § 403.011 et seq.; open burning, F.S. § 590.026 et seq.

State rule references—Air pollution, F.A.C. Ch. 17-2; open burning and frost protection fires, F.A.C. Ch. 17-5.

PART 1. - GENERAL PROVISIONS

Sec. 362.101. - Legislative declaration; public policy.

The Council finds and declares that:

(a)

The pollution of the air and waters of this City constitutes a danger to public health and welfare, creates public nuisances, is harmful to plants and animals and may impair domestic, agricultural, industrial, recreational and other beneficial uses of the air and water.

(b)

It is the public policy of the City to achieve and maintain such levels of air and water quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of the City and facilitate the enjoyment of the natural attractions of the City.

(c)

The prevention, abatement and control of the pollution of the air and waters of the City is affected with a public interest and the provisions of this Chapter are enacted in the exercise of the police power of the City for the purpose of protecting the health, peace, safety and general welfare of the people of the City.

(d)

Control, regulation and abatement of the activities which are causing or may cause pollution of the air and water resources in the City, which are or may be detrimental to human, animal or plant life or to property and which unreasonably interfere with the comfortable enjoyment of life or property should be administered to insure:

(1)

Conservation of natural resources.

(2)

A continued safe environment.

(3)

The purity of the air and waters.

(4)

The purity of domestic water supplies.

(5)

Protection and preservation of the public health, safety, welfare and economic well-being.

(6)

Continuing growth of the economy and industrial development.

(e)

Industry should be encouraged to install new machinery, equipment and facilities as technology in environmental matters advances, thereby improving the quality of the air and waters and benefiting the citizens of the City.

(Ord. 84-674-684, § 2)

Sec. 362.102. - Exercise of County powers; territorial application of Chapter.

This Chapter is an exercise of the City's powers as a County under F.S. § 403.182 and under Section 3.01 of the Charter of the City. This Chapter shall apply throughout the General Services District.

(Ord. 85-1295-690, § 2)

Sec. 362.103. - Definitions.

In this Chapter, or in rules adopted pursuant hereto, unless the context otherwise requires:

(a)

Board is the Environmental Protection Board.

(b)

Director means the Director of the Neighborhoods Department.

(c)

Contaminant is a substance which is harmful to plant, animal or human life.

(d)

Department is the Neighborhoods Department.

(e)

Effluent limitation means a restriction established by the Board on quantities, rates or concentrations of chemical, physical, biological or other constituents which are discharged from sources into waters of the City.

(f)

Installation is a structure, equipment, facility or appurtenance thereto, or operation which may emit air or water contaminants in quantities prohibited by the rules of the Board.

(g)

Plant is a unit operation, complex, area or multiple-unit operation that produces, processes or causes to be processed any materials, the processing of which can, or may, cause air or water pollution.

(h)

Pollution is the presence in the outdoor atmosphere or waters of the City of a substance, contaminant or man-made or -induced alteration of the chemical, physical, biological or radiological integrity of the air or waters in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal, plant or aquatic life or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(i)

Sewerage system means pipelines or conduits, pumping stations and force mains and other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.

(j)

Source is any and all points of origin of a contaminant, whether privately- or publicly-owned or -operated.

(k)

Treatment works and disposal systems mean a plant or other works used for the purpose of treating, stabilizing or holding wastes.

(l)

Wastes means sewage, industrial wastes and other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute the waters within the City.

(m)

Waters include rivers, lakes, streams, springs, impoundments and other bodies of water, including fresh, brackish, saline, tidal, surface or underground. Waters owned entirely by one person other than the City are included only in regard to possible discharge on other property or waters. Underground waters include waters passing through pores of rock or soils or flowing through in channels, whether man-made or natural.

(n)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 94-144-121, § 2; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 362.104. - General authority of Department and Board.

The Department, the Director and the Board shall have the power and the duty to control and prohibit pollution of the air and waters in the City in accordance with the law and rules adopted by the Board. For this purpose, the Board may:

(a)

Secure necessary scientific, technical, research, administrative and operational services by arrangement with other City agencies, by contract or otherwise. For this purpose, the Board may utilize general funds, grant funds or donated services.

(b)

Exercise general supervision of the administration and enforcement of the laws and rules pertaining to air and water pollution.

(c)

Adopt, modify and repeal rules to carry out the intent and purposes of this Chapter, subject to the limitations in Section 362.105.

(d)

Issue such orders as may be necessary to effectuate the control of air and water pollution and enforce them by administrative and judicial proceedings as provided in Chapter 360.

(e)

Establish ambient air quality and water quality standards for the City as a whole or for any part thereof.

(f)

Cause field studies to be made and samples to be taken out of the air and water periodically and in a logical geographic manner so as to determine the levels of air and water quality.

(g)

Determine the source of pollution whenever a study is made or a sample collected which proves to be not in compliance with the air or water quality standards established by rule of the Board.

(h)

Require persons engaged in operations which may result in pollution to file reports which may contain information relating to locations, size of outlet, height of outlet, rate and period of emission, composition and concentration of contaminant and such other information as the Board shall prescribe to be filed relative to pollution.

(i)

Establish an operational fee system whereby a fee may be required for the operation, construction or expansion of an installation that may reasonably be expected to be a source of air or water pollution.

(j)

Consult with a person proposing to construct, install or otherwise acquire a pollution control device or system, concerning the efficacy of the device or system, or the pollution problem which may be related to the source, device or system. Nothing in such a consultation shall be construed to relieve a person from compliance with this Chapter, the rules of the Board or other provisions of law.

(k)

Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter.

(l)

Collect and disseminate information and conduct educational and training programs relating to pollution.

(m)

Perform any other act necessary to control and prohibit air and water pollution.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Sec. 362.105. - Limitations on rulemaking powers of Board.

Rules adopted pursuant to this Chapter shall be consistent with the provisions of federal and State law, rules and regulations. The rules shall not require dischargers of waste into waters of the City to improve natural background conditions.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Sec. 362.106. - Chapter 360 applicable.

The provisions of Chapter 360 shall be applicable to this Chapter, unless otherwise specifically provided in this Chapter.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Sec. 362.107. - Variances.

A variance to cause or create air or water pollution which would otherwise be in violation of this Chapter may be granted as provided in Section 360.111.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, §§ 1, 2)

Sec. 362.108. - Appeals.

Appeals shall be heard as provided in Part 4, Chapter 360.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Sec. 362.109. - Violations and penalties.

(a)

A person who, knowingly and wilfully or by culpable negligence:

(1)

When taking a measurement required by the rules of the Board, falsifies the record or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or

(2)

Files a report required by the Board pursuant to the authority of Section 362.104(h) that contains false or misleading information, or procures or acquiesces in this falsification; or

(3)

Violates a rule, regulation, order or compliance plan of the Board with respect to air or water pollution;

shall be guilty of a class D offense.

(b)

Each day during any portion of which such violation occurs constitutes a separate offense.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 88-117-123, § 13)

Sec. 362.110. - Civil penalties.

The following civil penalties may be assessed by administrative or judicial process:

(a)

A person who:

(1)

Makes or continues or causes to be made or continued air or water pollution in violation of the limits and standards established by the rules of the Board;

(2)

Being subject to an order of the Board issued pursuant to Section 362.104(d), violates a term or condition of the order or directs, encourages or permits his agent, servant or employee to do so;

(3)

Being the agent, servant or employee of a person subject to an order of the Board issued pursuant to Section 362.104(d), violates a term or condition of the order, whether or not at the instance or with the approval of the subject person;

(4)

Being required by the Board to file a report pursuant to Section 362.104(h), fails or refuses to do so;

(5)

When taking a measurement required by the rules of the Board, falsifies the recorded measurement or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or

(6)

Violates a condition of a variance granted by the Board under Section 362.107;

May be administratively or judicially assessed a civil penalty of up to $10,000 for each violation.

(b)

An applicant for a permit or variance under this Chapter and an officer, director, partner, agent or attorney of an applicant who knowingly makes a false statement or provides false information on a document or paper accompanying and forming a part of the application shall be administratively or judicially assessed a civil penalty of up to $1,000 for each false statement or false item of information.

(c)

A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(d)

For violations that are of a continuing nature, each day that the violation continues shall be a separate offense subject to penalty.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, §§ 1, 2; Ord. 88-117-123, § 14; Ord. 89-1235-597, § 1)

Sec. 362.111. - Assessment and recovery of civil penalty.

Civil penalties shall be assessed by the administrative process in Chapter 360 or, in the alternative, by judicial process in a civil action filed in the name of the City, in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations and the financial ability of the violator to respond. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund established by Section 360.601. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City.

(Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 88-117-123, § 15)

PART 2. - WATER POLLUTION EMERGENCY

Sec. 362.201. - Legislative findings and intent.

The Council finds and declares that there may be occasions when the potable-water sources of a part of the City are found to be polluted and that there is no ready source of potable water for the people affected by this pollution. In these cases, a water pollution emergency will exist and measures will have to be taken to insure, as quickly as possible, that potable water is available to the people affected by the emergency. It is the intent of the Council in enacting this Part 2 to provide for the exercise by the Mayor of certain emergency powers in the event of a water pollution emergency affecting the potable-water sources of any part of the City. These powers are to be exercised in the public interest and for the protection of the public health, welfare and safety. The statement of intent in Section 360.101 is applicable to this Part 2.

(Ord. 85-277-165, § 1)

Sec. 362.202. - Water pollution emergency conditions.

A water pollution emergency will exist in any area or part of the City when, as to the area concerned, the quality of the potable water has deteriorated, due to the presence of pollution, to such an extent that the public health is threatened or endangered.

(Ord. 85-277-165, § 1)

Sec. 362.203. - Declaration of water pollution emergency.

Upon recommendation of the Board or upon recommendation of the Director, the Mayor may declare that a water pollution emergency exists within any part of the City. This declaration shall be immediately published once in at least one newspaper of general circulation in the City, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), and shall be publicized by all available media of communication to the general public. Upon the signing of the water pollution emergency declaration by the Mayor, the special powers herein granted shall become available to the Mayor and he shall have plenary authority to execute these powers. The Mayor may delegate the daily execution of these powers to an executive officer, but he:

(a)

Shall be immediately responsible for the proper exercise of this delegated authority.

(b)

May withdraw this delegation of authority and redelegate it to another executive officer, as often as he thinks proper.

(c)

May delegate execution of these powers to more than one executive officer at a time, jointly or severally, consecutively or successively.

(Ord. 85-277-165, § 1; Ord. 2023-187-E, § 9)

Sec. 362.204. - Mayor to publish and give notice.

After the publication of the water pollution emergency declaration, the Mayor shall publish notice thereof once each day during the first seven days of the emergency and once each week thereafter until the emergency is declared completely at an end. Publication of this notice shall serve as official notice of all persons in the area within which the water pollution emergency has been declared. The notice shall contain the following information:

(a)

A statement that the Mayor has declared a water pollution emergency to exist within part of the City.

(b)

A brief description of the area covered by the declaration.

(c)

If the Mayor has released any part of the City that was previously included within his declaration or has included any part of the City that was not previously included within his declaration, which release or inclusion has been declared since the previous publication of this notice, a statement that part of the City has been so released or included and a brief description of the area released or included.

(d)

A brief statement of the conditions that caused or precipitated the water pollution emergency, as known to him at the time of publication of the notice.

(e)

Such other information as the Mayor considers necessary and appropriate to inform the general public and the persons subject to the water pollution emergency declaration of the general status of the water pollution emergency.

(Ord. 85-277-165, § 1)

Sec. 362.205. - Provisions and restrictions.

During a water pollution emergency, the Mayor or the authorized executive officer or officers under Section 362.206 may enter one or more orders adopting or imposing any one or more, or all, of the following provisions and restrictions:

(a)

Provisions that allow persons in an area covered by the declaration to make agreements among themselves, with the concurrence of the Mayor or his delegate, for the mutual sharing or rotation of the use of water within the area.

(b)

Provisions for the distribution of water or the temporary or permanent installation of potable-water distribution facilities.

(c)

Provisions for the metering and reporting of water used, the source of that water and the quality of the water.

(d)

Provisions for protection against further deterioration of the water quality, including the closing of wells and the abatement of pollution sources.

(e)

Restrictions on the total amount of water that may be used or withdrawn during a fixed period of time.

(f)

Restrictions on the timing of the use or withdrawal of water, whether from wells in the area or from water distributed or transmitted into the area.

(g)

Other provisions or restrictions as are necessary to protect the potable water resources of the City from serious or irreparable harm during the continuation of the water pollution emergency and to restore the water resources to an acceptable quality for use as potable water, if possible, such as limiting or banning the construction of new wells within the area of the declaration.

(Ord. 85-277-165, § 1)

Sec. 362.206. - Modification, cancellation, rescission and extension of orders.

An order entered pursuant to Section 362.205 may be modified, cancelled or rescinded by the issuing authority at any time with respect to any one or more of the provisions or restrictions contained therein. The issuing authority may extend an order already entered to impose or adopt additional provisions or restrictions. This Section shall be given the broadest possible construction to give the Mayor or his delegate the widest possible latitude in entering, modifying, cancelling, rescinding and extending orders, so as to allow for rapidly changing conditions within the water pollution emergency area.

(Ord. 85-277-165, § 1)

Sec. 362.207. - Pollution source subject to Mayor's authority.

If the source which is polluting the water within the water pollution emergency area can be identified, initially or at any time during the existence of the water pollution emergency, the Mayor may amend his declaration to state the source and the special powers granted herein shall apply to that source in order that it may be abated or ended as soon as possible. The Mayor may, from time to time, include or exclude sources of water pollution as appears from the conditions within the water pollution emergency area. It is not necessary that the pollution source be within the water pollution emergency area established by the declaration, so long as the Mayor identifies the source and states that it is related to the water pollution which is the subject of the declaration.

(Ord. 85-277-165, § 1)

Sec. 362.208. - Emergency use of funds and public property; provision of potable water to water pollution emergency area.

(a)

The Mayor is authorized, as soon as the declaration is issued, to use funds not otherwise appropriated, as well as appropriated funds, to begin the emergency procedures herein authorized. Funds not otherwise appropriated may be used up to a maximum amount of $50,000 and, to the extent that they are so used, they are hereby appropriated for the purposes of the water pollution emergency. Expenditures of funds not otherwise appropriated shall be reported to the Council Auditor as soon as they are approved for expenditure. The Mayor may direct or authorize the use of necessary public property for the duration of the emergency.

(b)

The Mayor may make arrangements for the immediate provision of potable water to the water pollution emergency area, using any one or a combination of the following:

(1)

The purchase and distribution of bulk potable water supplies.

(2)

The purchase and distribution of bottled water.

(3)

The installation and operation of temporary water production and transmission facilities.

(4)

The extension of the City's water transmission lines to the water pollution emergency area, whether or not this extension is in accordance with the Master Plan for Water and Sewer Utility Development under Chapter 750.

(5)

The digging of wells in unpolluted portions of the water pollution emergency area or to unpolluted aquifers, as determined by the Department, whether on public or private property, and the treatment and distribution of water from these wells or the deepening of existing wells to tap other sources of water which are not polluted.

(6)

The plugging or repair of wells that may be contributing to the pollution.

(Ord. 85-277-165, § 1)

Sec. 362.209. - Modification, extension and cancellation of declaration.

The Mayor may, at any time during a water pollution emergency modify his declaration to exclude any area of the City previously covered by the declaration but as to which a water pollution emergency no longer exists; or extend his declaration to cover and include any area of the City not previously covered by the declaration but as to which area a water pollution emergency presently exists. The Mayor may cancel his declaration that a water pollution emergency exists within the City, or such part hereof as may then be covered by the declaration; in such event, the cancellation shall be published once in a newspaper of general circulation in the City, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), and publicized by all available media of communication to the general public.

(Ord. 85-277-165, § 1; Ord. 2023-187-E, § 9)

Sec. 362.210. - Continuation of Mayor's special powers.

Whenever the Mayor modifies his declaration to exclude therefrom an area of the City previously covered thereby or cancels his declaration, the special powers vested in him and in his delegate by this Part shall continue after the date of modification or cancellation for a reasonable period of time so that the Mayor may make all necessary adjustments to return the persons in the area previously covered by the declaration to a normal condition of use and to remove or dispose of public property used in the water pollution emergency; but for no other purpose.

(Ord. 85-277-165, § 1)

Sec. 362.211. - Penalties.

A person who fails or refuses to obey an order issued by the Mayor or his delegate pursuant to this Part or who fails or refuses to abide by a provision or restriction adopted or imposed by the Mayor or his delegate and applicable generally or particularly to him shall, upon conviction thereof, be punishable by a fine of not less than $1,000 or more than $10,000 or by not more than one year in jail or by both for each offense. A separate offense shall be deemed to have been committed on each day that a person shall so fail or refuse.

(Ord. 85-277-165, § 1)

Sec. 362.212. - Other relief.

Notwithstanding the penalties imposed by Section 362.211 the Mayor, through the Office of General Counsel, may seek injunctive or other appropriate relief in the County or Circuit Court to enforce the provisions of this Part or an order entered in accordance with this Part. The provisions of Part 1 are also available and they are declared to be cumulative of and supplementary to the powers and authority granted in this Part.

(Ord. 85-277-165, § 1)

Sec. 362.213. - Recovery of costs and expenses.

The Mayor is authorized to recover the costs and expenses of the City in meeting a water pollution emergency from the person or persons who caused the pollution or were responsible for the conditions leading or contributing to the pollution. For this purpose, the Mayor, through the Office of General Counsel, may institute or join in necessary judicial actions or administrative proceedings and he or his delegate is authorized to negotiate with the responsible person or persons to obtain a just and equitable settlement in the public interest. The Mayor is also authorized to request assistance from State and federal agencies in meeting the emergency and in recovering the costs and expenses thereof, whether by financial assistance, by provision of nonfinancial assistance or by the use of enforcement powers available to the State or the United States. Unless otherwise provided by judicial order, administrative decision or contractual arrangement, funds recovered under this Section shall first be used to reimburse the appropriations from which emergency funds were expended under Section 362.208 and then shall be subject to appropriation by the Council.

(Ord. 85-277-165, § 1)

Sec. 362.214. - Water meter tap-in fees authorized to be paid in installments; limitation of authority; method of collecting delinquent installment payments.

(a)

Whenever the Mayor has authorized an extension of the City's water transmission lines to the water pollution emergency area pursuant to Section 362.208(b)(4) and a person whose lot is within (1) the polluted area or (2) a known area of contamination within the water pollution emergency area, in either case as certified by the Director, is connected to the line, the Mayor may authorize the water meter tap fee imposed by Section 750.408 to be paid in not more than 12 monthly installments, as equally as may be. The Mayor or his delegate, in conjunction with the Manager of Water Services and the City Accountant, shall prescribe the procedure to be followed in applying for installment payments and the procedure for approving and billing for installment payments. The authority to permit installment payments shall be available only during the continuance of the water pollution emergency and for a reasonable time thereafter, as specified by the Mayor, in order to allow those eligible persons who desire to be connected to the City's water transmission line to make application for installment payments.

(b)

Installment payments, regardless of whether they are billed on the regular water service billing or on a special billing, shall be considered to be bills for water service rendered under the Rules and Regulations of the JEA and the Water and Sewer Expansion Authority. At the same time that a bill becomes delinquent, it shall be deemed to be a delinquent bill under Part 1, Chapter 112 and may be collected by the City under the provisions of that part. If a bill for an installment payment becomes delinquent, the total amount of the water meter tap fee authorized to be paid in installments, excepting only that portion already paid, shall become immediately due and payable and shall be collected as a single delinquent bill.

(Ord. 85-277-165, § 1; Ord. 2003-586-E, § 1)

Sec. 360.805. - Agricultural and silvicultural fires. Chapter 365 - HAZARDOUS REGULATED SUBSTANCE PROGRAM