Chapter 365 - HAZARDOUS REGULATED SUBSTANCE PROGRAM

Sec. 362.214. - Water meter tap-in fees authorized to be paid in installments; limitation of authority; method of collecting delinquent installment payments. Chapter 366 - GROUNDWATER AND SURFACE WATER RESOURCE MANAGEMENT Chapter 365 - HAZARDOUS REGULATED SUBSTANCE PROGRAM[1]

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State Law reference— Hazardous waste, F.S. § 403.721 et seq.; local hazardous waste collection program, F.S. § 403.7205.

State rule reference—Hazardous waste, F.A.C. Ch. 62-731 et seq.

PART 1. - GENERAL PROVISIONS[2]

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Editor's note— Ord. No. 2010-68-E, § 1, adopted February 23, 2010, amended the Code by, in effect, repealing former Part 1, §§ 365.010—365.114, and adding a new Part 1. Former Part 1 pertained to similar subject matter, and derived from Ord. 94-964-700, § 2; Ord. 2004-1267-E, § 2; Ord. 2008-513-E, § 1.

Sec. 365.100. - Purpose and intent.

The Council of the City of Jacksonville finds and declares that the leakage, handling, spills, disposal, contamination cleanup or production of hazardous regulated substances, pollutants and pesticides is potentially harmful to human health or welfare, animal, plant or aquatic life or property, including outdoor recreation.

Therefore the intent of this ordinance is to:

(a)

Provide for appropriate regulation of facilities or persons operating in Duval County that:

(1)

Generate, contain, store (including hazardous waste transfer stations), handle, load, unload, process, treat, dispose of, transport, or have the potential to release any hazardous regulated substance, pollutant and pesticide to the air, soils, or waters of Duval County; or

(2)

Have spilled or discharged PCBs on the soils or waters of Duval County, plant or animal life, equipment, clothing or foods; or

(3)

Loading, unloading, and temporary storage of any hazardous regulated substances or pesticides in Duval County or the Port of Jacksonville.

(b)

Improve the ongoing hazardous waste management program so that it shall:

(1)

Inventory hazardous wastes to be regulated by the County pursuant to F.S. Ch. 403, Part IV;

(2)

Determine the amount, type and sources of hazardous waste generated in Duval County; and

(3)

Ensure proper storage, transportation, safety, volume reduction, treatment, resource recovery and disposal of hazardous regulated substances in Duval County through optimal, nonduplicative, cooperative federal, State, and local programs.

(c)

Clarify the existing emergency response program that will:

(1)

Provide technical expertise to the Fire and Rescue Department, Office of the Sheriff, other governmental agencies and concerned citizens; and

(2)

Provide assistance in controlling spill impacts and preventing potential spills of hazardous regulated substances, pesticides and pollutants.

(Ord. 2010-68-E, § 2)

Sec. 365.101. - Exercise of County Powers; territorial applications of Chapter.

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

(Ord. 2010-68-E, § 2)

Sec. 365.102. - Definitions.

(a)

Board means the Jacksonville Environmental Protection Board.

(b)

CFR means Code of Federal Regulation.

(c)

Corrective Action Rule means proposed Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities.

(d)

DEP means Florida Department of Environmental Protection.

(e)

Department means the Neighborhoods Department.

(f)

Dielectric material means a material that does not conduct direct electrical current.

(g)

Director means the Director of the Department.

(h)

FAC means Florida Administrative Code.

(i)

Facility means:

(1)

Building, structure, installation, equipment, pipe or pipeline (including a pipe into a sewer, or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft; or

(2)

Site or area where a hazardous regulated substance or pollutant or contaminant, has been deposited, stored, disposed of, placed, or otherwise come to be located, but does not include a consumer product in consumer use or a vessel.

(j)

Hazardous regulated substance means:

(1)

Hazardous material as defined in 49 CFR 172;

(2)

Any hazardous chemical, toxic chemical or extremely hazardous substance as defined in Chapter 327 of Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (42 USC 11001 et seq.);

(3)

Hazardous substances as defined in 40 CFR 302.4;

(4)

A substance designated pursuant to 33 U.S.C. 1321(b)(2)(A);

(5)

An element, compound, mixture, solution or substance designated pursuant to 42 U.S.C. 9602;

(6)

A hazardous waste having the characteristics identified under, or listed pursuant to, 42 U.S.C. 6921 (but not including any waste, the regulation of which under the Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) has been suspended by Act of Congress);

(7)

Toxic pollutant listed under 33 U.S.C. 1317;

(8)

A hazardous air pollutant listed under 42 U.S.C. 7412;

(9)

An imminently hazardous chemical material or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) has taken action pursuant to 15 U.S.C. 2606.

(10)

Hazardous waste as defined below;

(11)

Petroleum, as defined in this Chapter 365, Ordinance Code;

(12)

Petroleum products, as defined in this Chapter 365, Ordinance Code; or

(13)

Polychlorinated biphenyl (PCB) including monochlorinated biphenyl.

(k)

Hazardous waste means hazardous waste as defined by 40 CFR 260.10, 261.3, but including and not to exclude the exclusion referenced in 40 CFR 261.2(a)(2)(ii), and Section 403.703(13), F.S.

(l)

Hazardous waste transfer facility means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. A hazardous waste transfer facility does not include a facility at which all of the hazardous waste which is temporarily stored was generated onsite.

(m)

Household Hazardous Waste Program (HHWP) means the activities of the Solid Waste Division of the Department of Public Works in the collection, processing and disposal of chemicals or other pollutant or hazardous regulated substances collected from residential or conditionally exempt sources.

(n)

JEMP means Jacksonville Emergency Management Plan. The use of an SPCC Plan or any other plan approved by the EPA will be an acceptable substitute.

(o)

Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(p)

Ordinance Code means the Ordinance Code of the City of Jacksonville.

(q)

Person has the meaning given to it in Section 1.102(ll), Ordinance Code, and in addition includes any officer, employee, agent, department or instrumentality of the federal government, and State, municipality, or political subdivision of the State, or of any foreign government.

(r)

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, (except viruses or fungi on or in living man or other animals which the Department of Agriculture and Consumer Services shall declare to be a pest), and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

(s)

Petroleum means (a) Oil, including crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary methods and which are not the result of condensation of gas after it leaves the reservoir; and (b) All natural gas, including casinghead gas, and all other hydrocarbons not defined as oil in subparagraph (a), preceding.

(t)

Petroleum product means any liquid fuel commodity made from petroleum, including, but not limited to, all forms of fuel known or sold as diesel fuel, kerosene, all forms of fuel known or sold as gasoline, and fuels containing a mixture of gasoline and other products, excluding liquefied petroleum gas and American Society for Testing and Materials (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual oils, intermediate fuel oils (IFO) used for marine bunkering with a viscosity of 30 and higher, asphalt oils, and petrochemical feedstocks.

(u)

Pollutant means something that pollutes with respect to "pollution" definition.

(v)

Pollution is the presence in the outdoor atmosphere, soils or waters of Duval County of a substance, contaminant, or manmade or induced alteration of the chemical, physical, biological, or radiological integrity of the air, soils, or waters in quantities or levels which are, or may be, potentially harmful or injurious to human health or welfare, animal, plant or aquatic life or property, including outdoor recreation.

(w)

Release means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, but excludes:

(1)

A release which results in exposure to persons solely within a workplace;

(2)

Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or a pipeline pumping station engine;

(3)

Release of source, byproduct or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. 2210 or a release of source, byproduct or special nuclear material from a processing site designated under 42 U.S.C. 7912(a)(1) or 7942(a);

(4)

The normal application of fertilizer or pesticide;

(5)

Any release which is specifically authorized pursuant to a State or Federal permit; and

(6)

Any other release which is exempt from reporting requirements established under 42 U.S.C. 9603(a).

(x)

Remedy or remedial action means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous regulated substance, pollutant or contaminant into the environment, to prevent or minimize the release of hazardous regulated substances, pollutants or contaminants so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment.

(1)

Remedy or remedial action includes:

(i)

Actions at the location of the release such as:

(A)

Storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, clean-up of released hazardous regulated substances, pollutants or contaminants, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration;

(B)

Provision of alternative water supplies; and

(C)

Monitoring reasonably required to assure that these actions protect the public health and welfare and the environment.

(ii)

Permanent relocation of residents and businesses and community facilities where the Board determines that, alone or in combination with other measures:

(A)

The relocation is more cost effective than the transportation, storage, treatment, destruction or secure disposition off-site of hazardous regulated substances, pollutants or contaminants;

(B)

The relocation is environmentally preferable to the transportation, storage, treatment, destruction or secure disposition off-site of hazardous regulated substances, pollutants or contaminants; or

(C)

The relocation may be otherwise necessary to protect the public health or welfare.

(2)

Remedy or remedial action does not include off-site transportation of hazardous regulated substances, pollutants or contaminants or the storage, treatment, destruction or secure disposition off-site unless the Board determines that these actions:

(i)

Are more cost-effective than other remedial actions; or

(ii)

Are necessary to protect public health or welfare or the environment from a present or potential risk which may be created by further exposure to the continued presence of the substances or materials.

(y)

Tables of Regulated Substances.

(1)

The Board shall establish by rule a table of hazardous substances to identify the hazardous regulated substances that shall be regulated within Duval County, Florida, and establish requirements regarding such substances, including, but not limited to, their reportable quantities, collection, storage and disposal, in accordance with federal and State requirements.

(Ord. 2010-68-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 365.103. - General authority of the Environmental Protection Board.

(a)

The Board shall have the power and the duty to control and prohibit pollution of the air, soils, surfaces and waters in Duval County in accordance with this Chapter, Chapter 360, Ordinance Code, and by Section 73.102(a), Ordinance Code.

(b)

The Board shall make, adopt, and amend or repeal rules and administrative orders to implement, administer, and enforce this Chapter.

(c)

The Board shall make, adopt, amend and repeal rules providing for definition, due dates, and collection of fees provided in Chapter 123, Ordinance Code.

(Ord. 2010-68-E, § 2)

Sec. 365.104. - General authority of the Department.

(a)

The Department shall have the authority and the duty to control and prohibit pollution generated, spilled or potentially dischargeable in Duval County and to enforce this Chapter and Rules of the Board adopted pursuant to Sections 365.103 and 73.102, Ordinance Code.

(b)

The Department shall have the right of entry on property according to Section 360.109, Ordinance Code, and Rules of the Board adopted pursuant thereto. The Department shall have safe access furnished when required for testing, sampling or observing instruments including access to operational areas and waste disposal or transmission facilities.

(c)

The Department may enter the property and take remedial action in the event of release or imminent release in accordance with Section 360.408, Ordinance Code.

(d)

The Department is authorized to issue tickets for minor violations of pollution ordinances as identified in Section 360.701.

(Ord. 2010-68-E, § 2)

Sec. 365.105. - Chapter 360 applicable.

The provisions of Chapter 360, Ordinance Code, shall be applicable to this Chapter, unless otherwise specified herein.

(Ord. 2010-68-E, § 2)

Sec. 365.106. - Variances.

A variance to cause or create pollution that would otherwise be in violation of this Chapter may be requested as provided in Section 360.111, Ordinance Code.

(Ord. 2010-68-E, § 2)

Sec. 365.107. - Appeals.

Appeals shall be in accordance with Part 4, Chapter 360.

(Ord. 2010-68-E, § 2)

Sec. 365.108. - Water supply wells.

All water supply wells shall be separated from the regulated substances and activities defined in Chapter 366 and EPB Rule 8 by the distances established in EPB Rule 8.

(Ord. 2010-68-E, § 2)

Sec. 365.109. - Jacksonville Emergency Management Plan (JEMP).

Any facility in Duval County that regularly or temporarily stores, or uses hazardous regulated substances, petroleum, petroleum products, or pesticides, at such facility that can reasonably be expected to leave the facility in the event of a release shall prepare a JEMP according to Rules of the Board, and maintain a copy of that plan at the facility. The use of a Spill, Prevention, Containment and Countermeasures (SPCC) Plan or any other plan approved by EPA will be an acceptable substitute. Facilities shall train, for a minimum of one hour annually, all employees having responsibilities for the handling and storage of regulated materials. Records of such training shall be maintained at the facility. Facilities (including residences) which handle, store or otherwise use the substances regulated by this Chapter, only in retail packaging amounts are exempt from the JEMP requirement.

(Ord. 2010-68-E, § 2)

PART 2. - POLYCHLORINATED BIPHENYLS (PCBs)

Sec. 365.200. - Applicability.

This Part shall apply to any substance having or exceeding minimum concentrations' of PCBs as follows:

(a)

Ten parts per million (ppm) by weight in soil, pervious surface materials or solids;

(b)

Ten micrograms per 100 square centimeters on impervious materials surfaces;

(c)

Fifty ppm by weight in oil, water, or other liquids in containers or wastes; or

(d)

One part per billion (ppb) in ambient surface water.

(Ord. 94-964-700, § 2)

Sec. 365.201. - Special remedies available to Department.

The Department shall have available to it the following administrative and judicial remedies, in any combination:

(a)

A Department inspector may enter and inspect any property, premises or place on or at which PCB is stored or disposed of at any time the facility manned by operating personnel for the purpose of ascertaining the state of compliance with this Part. The inspector may remove a sufficient quantity of material to determine its PCB concentration.

(b)

At the request of the Department, the Sheriff is authorized to stop and detain for up to 72 hours a motor vehicle and attached mobile containment vessel which is reasonably suspected by the Department of transporting PCBs contrary to this Part or rules of the Board adopted pursuant to this Chapter. The detainment shall be for the purpose of sampling the contents of the vehicle or containment vessel and analyzing the sample for PCBs.

(c)

The Department is authorized to impound and, where possible, lock or seal a stationary containment vessel reasonably suspected of containing PCBs contrary to this Part or rules of the Board adopted pursuant to this Chapter. The impoundment shall be for a period of up to 72 hours for the purpose of sampling the contents of the containment vessel and analyzing the sample for PCBs.

(Ord. 94-964-700, § 2; Ord. 2010-68-E, § 2)

Sec. 365.202. - Local inspection official and agency for the State and United States; City representative before administrative agencies.

(a)

The Department may act as a local inspection or monitoring agency for the United States and the State under applicable federal and State laws, rules and regulations in inspecting and examining the facilities, procedures and records of persons who handle PCBs, by citation for violations, institution of civil actions or criminal proceedings or otherwise. An action by the Department under this Section shall be taken only after an agreement embodying the terms and conditions under which the Department will act has been approved by the Council and executed by the Mayor and Corporation Secretary and by the federal or State agency concerned.

(b)

The Department is authorized to act as the City's representative whenever the City intervenes or is a party to proceedings before a federal or State agency with respect to the storage, transportation or disposal of PCBs within or through the City.

(Ord. 94-964-700, § 2)

Sec. 365.203. - PCB special rules.

(a)

Notwithstanding any other ordinance or local rule, 40 CFR 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution and Commerce, and Use Prohibitions (2003), commonly referred to as the "EPA PCB Mega Rule," is hereby adopted by reference as a rule of the Board, which may be amended from time to time, or repealed, by the Board in accordance with Chapter 360, Ordinance Code. Adoption of the EPA PCB Mega Rule shall not be construed to limit the authority of the Board to adopt rules pursuant to Section 365.103, and Chapter 360, Ordinance Code, to implement, administer and enforce the rule adopted by this subsection, including the adoption of rules of the Board concerning zoning and other institutional controls and follow-up monitoring.

(b)

In addition to any other provisions of law regulating hazardous wastes and except in those instances that are subject to the provisions of Section 365.203(a), Ordinance Code, the following special rules specifically apply to polychlorinated biphenyls and materials contaminated with PCBs, hereinafter separately or collectively referred to as PCBs:

(1)

PCBs shall not be disposed of at any site that has not been approved by EPA and the Department. Evaluation of sites shall be based upon criteria developed by Department including the potential for degradation of the chemical, physical and biological integrity of surface waters: adverse effects upon ground and surface water quality; effects upon publicly-owned sewage treatment works and areawide waste treatment management plans; compatibility with air quality management plans; and compatibility with surrounding land use. Information for the evaluation will be provided by the applicant. The Board shall, by Rule, develop procedures and regulations necessary to implement this Section. PCBs shall not be disposed of by incineration under any circumstances.

(2)

PCB waste stored for a period longer than 30 days at a site in the City shall comply with the storage requirements contained in 40 CFR 761.65.

(3)

PCBs shall not be permitted in any detectable concentration in road oil or asphalt used in the construction or repair of streets, highways and roads or for dust control.

(4)

Every person who generates, stores, handles or disposes of liquid wastes that could be contaminated with oils from transformers or capacitors in excess of 50 gallons a day on any one day shall be responsible for sampling and analysis as necessary to determine whether he is handling PCBs. A person who becomes aware that PCBs are on or in property owned or controlled by him, including vehicles and containment vessels, shall report this fact to the Department within ten days or at the time he first becomes aware of the PCB contamination. Initial notification reports and monthly status reports will be submitted to the Department, in a form approved by the Department, until all PCB is removed.

(5)

Each PCB handler shall, upon discovery of an accidental release into the environment, immediately report the incident to the Department. Releases of less than one liter, at concentration less than 50 ppm PCBs by weight and not exceeding one pound PCB need not be reported.

(6)

A facility used for the temporary bulk storage of PCB for longer than 30 days shall be equipped with an adequate containment dike or wall to prevent the accidental discharge of spilled material. The diked or walled area shall be completely lined with an impervious material and shall be of sufficient extent and volume to completely contain twice the volume of the largest tank, drum or container or 25 percent of the total volume of all enclosed tanks, drums or containers, whichever is greater.

(7)

Notwithstanding any other ordinance or local rule, sites with soil contamination in concentrations greater than 50 parts per million by weight shall be remediated in accordance with 40 CFR 761, Subpart D, 7-1-03 Edition, or such subsequent edition or any other rule as may be adopted from time to time by the Board.

(Ord. 94-964-700, § 2; Ord. 2004-1267-E, § 1; Ord. 2010-68-E, § 2)

Sec. 365.204. - Authority of the Board.

The Board shall have the power and the duty to adopt and promulgate Rules including adoption of U.S. Environmental Protection Agency Rules establishing control of the following PCB subjects:

(a)

Approval of disposal sites;

(b)

Storage conditions;

(c)

Wastes suspected of containing PCBs;

(d)

Releases of PCBs into and cleaning of the environment;

(e)

Temporary bulk storage lasting for longer than 30 days;

(f)

Physical-chemical processing for disposal of PCBs;

(g)

Bookkeeping and monthly reporting of PCB transactions; and

(h)

Determination of the presence of PCBs, including process knowledge, methods of detection, detection limits, and frequency of testing.

(Ord. 94-964-700, § 2)

PART 3. - EMERGENCY RESPONSE[3]

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Editor's note— Ord. 2010-68-E, § 2, amended the Code by repealing former Part 3, §§ 365.300—365.302, and adding a new Part. 3. Former Part 3 pertained to hazardous waste control, and derived from Ord. 94-964-700, § 2.

Sec. 365.300. - Emergency Response Requirements.

The Board shall establish by rule the requirements for emergency response, including, but not limited to:

(a)

Control of environmental impact of releases or prevention of releases to the environment of hazardous regulated substances;

(b)

Notification to the Department within specified time limits of releases;

(c)

Initial remedial response or emergency removal by an owner or operator or by the Department in accordance with Section 365.104(c), Ordinance Code, required to stabilize or contain contaminated areas and materials; and

(d)

Control and proper disposal of abandoned or leaking containers of hazardous substances or hazardous waste; and

(e)

Proper storage or placement of containers of hazardous regulated substances in, on, or under real property.

(Ord. 2010-68-E, § 2)

PART 4. - ENFORCEMENT[4]

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Editor's note— Ord. 2010-68-E, § 2, amended the Code by repealing former Part 4, §§ 365.400 and 365.401, and adding a new Part. 4. Former Part 4 pertained to emergency response, and derived from Ord. 94-964-700, § 2.

Sec. 365.401. - Violations with civil penalties.

(a)

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

(1)

Any person who violates any requirement of this Chapter or any requirement of Board Rule 7;

(2)

Any person who obstructs, hampers or interferes with a Department inspection or refuses entry to the Department in accordance with this Chapter or Chapter 360, Ordinance Code;

(3)

Any applicant for a variance under this Chapter or Board Rule 7, and any 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.

(4)

Any person who violates any variance or order of the Board;

(5)

Any person who disposes of PCBs in Duval County without having obtained approval or permission from EPA and/or the Department, or who disposes of PCB by dumping, in any manner or way, the PCB into a municipal sewer system or a private sewer system, or otherwise not in compliance with the requirements of Part 2 of this Chapter or Board Rule 7;

(6)

Any person who uses road oil or asphalt for the construction of streets, repair of streets, highways, roads, sidewalks or other paving or for dust control if the road oil or asphalt contains PCB in any detectable concentration as required by Part 2, of this Chapter of Board Rule 7;

(7)

Any person who fails to report a release to the environment (air, water, soil) of PCBs exceeding one liter of 50 ppm or greater PCBs by weight within 24 hours of discovery of release, as required by Part 2 of this Chapter or Board Rule 7;

(8)

Any person who destroys or incinerates PCBs or PCB items (40 CFR 761.1) at concentrations of 50 ppm or greater in Duval County, pursuant to Part 2 of this Chapter or Board Rule 7;

(9)

Any person who ships or transports any PCBs or PCB items at concentrations (PCBs) of 50 ppm or greater by weight to a commercial storer unless accompanied by a manifest, or who fails to submit copies of such manifest to the Department, in compliance with Part 2 of this Chapter or Board Rule 7;

(10)

Any person who stores PCB waste for a period longer than 30 days, except as required by Part 2 of this Chapter or Board Rule 7;

(11)

Any owner or operator of a facility who fails to provide an adequate containment, dike or wall around all stored PCBs as required by Part 2 of this Chapter or Board Rule 7;

(12)

Any person who breaks the seal placed upon or removes from impoundment any containment vessel which has been sealed and impounded by the Department, until released by the Department, pursuant to Part 2 of this Chapter or Board Rule 7;

(13)

Any person who makes a false statement, representation or certification in a record, report, plan or other document filed under reporting requirements of Part 2 of this Chapter or Board Rule 7;

(14)

Any owner or operator who fails to cause to be made a PCB analysis of a representative sample of each liquid waste received by such person or facility as required by Part 2, of this Chapter or Board Rule 7;

(15)

Any owner or operator who fails to submit PCB Transaction Reports as required by Part 2 of this Chapter or Board Rule 7;

(16)

Any person who falsifies a measurement required by this Chapter or Board Rule 7, who produces a record with false measurements, or who tampers with the measuring equipment to produce false measurements, or who uses defective or inaccurate equipment with the intent to produce a false measurement or who acquiesces in this falsification;

(17)

Any person who files a report required by this Chapter or Board Rule 7 that contains false or misleading information or who procures or who acquiesces in this falsification;

(18)

Any person who allows or causes the discharge of a hazardous regulated substances or pollutant to the soils, impervious surfaces, spill or secondary containment structures, or waters of Duval County that exceed the quantities and standards pursuant to the requirements of Board Rule 7;

(19)

Any owner or operator, including their agents, employees or contractors, who fails to report to the Department any release of hazardous regulated substances, pursuant to the requirements of Board Rule 7;

(20)

Any person causing release and any owner or operator, including their agents, employees or contractors, who fails to clean up any property or facility, to the standards pursuant to Board Rule 7, that has received a release of a hazardous regulated substance that exceeds quantities and concentrations, pursuant to Board Rule 7, as prescribed and within the time required pursuant to this Chapter or Board Rule 7, unless granted additional time by the Department or the Board;

(21)

Any person who disposes of or any owner or operator who permits the disposal of a hazardous regulated substance in any manner not in accordance with the rules and regulations of EPA, of DEP, this Chapter, or Board Rule 7;

(22)

Any person who stores or places containers of hazardous regulated substances in, on, or under the real property of another person without that other person's consent;

(23)

Any employee, owner or operator who violates the requirements of Board Rule 7 or Certificate of Public Convenience and Necessity (CON) conditions pertaining to the environmental regulation of hazardous waste transfer facilities;

(24)

Any owner or operator who fails to maintain a three-year record of the quantities (weight or volume) of all hazardous wastes shipped by a facility. Wastes treated on site that meet federal or State requirements for acceptable treatment or treated wastes that are sent to a Public Operated Treatment Works (POTW) are not included in the recorded wastes; and

(25)

Any owner or operator who fails to prepare a JEMP or acceptable substitute as required by this Chapter or Board Rule 7;

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

(b)

Any 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.

(c)

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

(d)

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

(Ord. 2010-68-E, § 2)

Sec. 365.402. - 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, Ordinance Code. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief.

(Ord. 2010-68-E, § 2)

Sec. 365.403. - Violations with criminal penalties.

(a)

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

(1)

When taking a measurement required by the this Chapter or 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 this Chapter or the Board pursuant to the authority of Chapters 73 or 360, Ordinance Code, this Chapter, or Board Rule 7, 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 the regulation of hazardous regulated waste or hazardous waste pollution;

shall be guilty of a class D offense and upon conviction by a court of appropriate jurisdiction thereof, be punished by a fine of not more than $500, or not more than 60 days in jail, or both.

(b)

Each day during any portion of which such violation, as described in subsection (a) of this Section occurs constitutes a separate offense.

(c)

Persons aiding or participating in a violation for which a criminal penalty may be assessed under this Section shall be considered a principle in the violation and may be assessed a criminal penalty up to the maximum amount prescribed for that violation.

(Ord. 2010-68-E, § 2)

Sec. 365.404. - Reserved.

Sec. 365.405. - Enforcement by police and fire and rescue employees.

Any law enforcement officer or the Chief of the Fire and Rescue Department of the City of Jacksonville, or his designee, shall have the authority to enforce this Chapter.

(Ord. 2010-68-E, § 2)

Sec. 365.406. - Judicial Remedy.

In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the Director or the Board, in the name of the City, is authorized to make application for an injunction to the Circuit Court, pursuant to Chapter 360, Ordinance Code.

(Ord. 2010-68-E, § 2)

Sec. 362.214. - Water meter tap-in fees authorized to be paid in installments; limitation of authority; method of collecting delinquent installment payments. Chapter 366 - GROUNDWATER AND SURFACE WATER RESOURCE MANAGEMENT