Sec. 360.701. - Environmental Protection Board ticketing authority; minor violations; penalties.

The provisions of this Part are additional and supplemental means of enforcing the Ordinance Code and Board rules. Nothing contained in this Part shall prohibit enforcement by any other means. In addition to the enforcement provisions of Part 4, the Board, by and through its staff (the Department) is authorized to issue citations or tickets for minor violations of ordinances and Board rules as follows: (a) For purposes of this Part, a minor violation shall be one of the following offenses: (1) Open burning of tires, rubber material, bunker C residual oil, asphalt, roofing material, tar, railroad crossties, other creosoted lumber, plastics, garbage, trash, yard trash, household paper products and waste pesticide containers in violation of the Board's rules with respect to air pollution control. (2) Open burning within 1,000 feet of an active runway at a State Department of Transportation approved public airport, in violation of the Board's rules with respect to air pollution control. (3) Open burning of land-clearing debris, as defined by the Board's rules, within minimum setback distances for occupied buildings in violation of the Board's rules with respect to air pollution control. (4) Open burning of land-clearing debris, as defined by the Board's rules, within 100 feet of any public highway or road, or prevailing winds direct smoke toward public highway or road in violation of the Board's rules with respect to air pollution control. (5) Open burning of land-clearing debris, as defined by the Board's rules, prior to 9:00 a.m. or after one hour before sunset, in violation of the Board's rules with respect to air pollution control. (6) Open burning of land-clearing debris, as defined by the Board's rules, without attendant present, in violation of the Board's rules with respect to air pollution control. (7) Open burning of land-clearing debris, as defined by the Board's rules, causing excessive visible emissions equal to or greater than 40 percent opacity in violation of the Board's rules with respect to air pollution control. (8) Operation of an air-curtain incinerator, as defined by the Board's rules, with pit width greater than 12 feet, or without maintaining vertical sidewalls, in violation of the Board's rules with respect to air pollution control. (9) Operation of an air-curtain incinerator, as defined by the Board's rules, with waste materials to be burned positioned above the level of the air curtain in the incinerator pit in violation of the Board's rules with respect to air pollution control. (10) Operation of an air-curtain incinerator, as defined by the Board's rules, causing excessive visible emissions equal to or greater than 40 percent opacity, except for a period of 30 minutes during startups, shutdowns, or temporary malfunctions, in violation of the Board's rules with respect to air pollution control. (11) Open burning conducted without the permission of the Director in violation of Part 8, Ch. 360 . (12) Failure to conduct required air pollution emissions compliance test in violation of the Board's rules with respect to air pollution control. (13) Conducting a required air pollution emissions compliance test without proper prior notification in violation of the Board's rules with respect to air pollution control. (14) Submittal of required air pollution emission compliance test report later than 45 days following completion of the final sampling run of the test in violation of the Board's rules with respect to air pollution control. (15) Loading of gasoline at a bulk gasoline plant or terminal into a petroleum tank truck or trailer not displaying a currently valid State Department of Environmental Control (FDEC) pressure/vacuum test certification sticker in violation of the Board's rules with respect to air pollution control. (16) Loading of gasoline at a bulk gasoline terminal into a petroleum tank truck or trailer without all loading and vaporlines being equipped with fittings that are vaportight, and with displaced vapors and gases vented only to the vapor control system, in violation of the Board's rules with respect to air pollution control. (17) Transfer of gasoline from any delivery vessel into any stationary storage tank at a gasoline service station equipped with stage I vapor control hardware, without connecting all vapor and gas lines to the stage I vapor control system, in violation of the Board's rules with respect to air pollution control. (18) Failure to install and maintain stage I vapor control equipment at a gasoline service station requiring stage I control equipment in violation of the Board's rules with respect to air pollution control. (19) Failure to apply for a renewal of a Department permit at least 60 days prior to a permit expiration in violation of the Board's rules with respect to air and water pollution control. (20) Sewage treatment plant equipment out of service (for period less than seven days) due to mechanical/electrical failure in violation of the Board's rules with respect to water pollution control. (21) Failure to notify Department of sewage treatment plant equipment breakdown in violation of the Board's rules with respect to water pollution control. (22) Failure to provide disinfection for sewage treatment plants in violation of the Board's rules with respect to water pollution control. (23) Failure to maintain an onsite log at sewage treatment plants in violation of the Board's rules with respect to water pollution control. (24) Failure to provide safe, dry access for inspection/sample in violation of the Board's rules with respect to water pollution control. (25) For up to six months, failure to submit accurate timely monthly operating reports in violation of the Board's rules with respect to water pollution control. (26) For up to 90 days, failure to provide certified operator attendance as required in violation of the Board's rules with respect to water pollution control. (27) Failure to monitor with required frequency (flow, pH, chlorine, biochemical oxygen demand (BOD), total suspended solids, nutrients) in violation of the Board's rules with respect to water pollution control. (28) Sound emitted to land Classes A, B, or C (broadband frequency or octave band frequency), in violation of the Board's rules with respect to noise pollution control. (29) Allowing or performing construction between 10:00 p.m. and 7:00 a.m., in violation of the Board's rules with respect to noise pollution control. However, generators, mudhogs, and well point pumps may be operated during this time period, but sound emitted from the operation of this equipment shall not exceed 60 dBA, in violation of the Board's rules with respect to noise pollution control. (30) Exhaust systems on construction equipment, not installed, not properly installed, or not in good repair, in violation of the Board's rules with respect to noise pollution control. (31) Intentionally operating or permitting the operation of any alarm, siren, whistle, or similar stationary signaling device in violation of the Board's rules with respect to noise pollution control. (32) Use any public address system in Class A or B land, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (33) Operating a powered model vehicle within 100 meters of Class A or B land, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (34) Operating or testing any motorized unit in Class A or B land, as defined by the Board's rules, between 10:00 p.m. and 7:00 a.m. in violation of the Board's rules with respect to noise pollution control. (35) Trash or refuse service, i.e. dumpster, between 10:00 p.m. and 7:00 a.m. within 200 meters of Class A or B land, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (36) Property owner being serviced by a refuse service company for non-residential solid waste removal failing to prominently mark each dumpster as required, in violation of the Board's rules with respect to noise pollution control. (37) Property owner being serviced by a refuse service company for non-residential solid waste removal failing to label each dumpster within the time required, in violation of the Board's rules with respect to noise pollution control. (38) Air conditioning, air handling or refrigeration equipment exceeding 60 dBA to Class A or B land, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (39) Sound exceeding set dBA levels produced by work on motor vehicles in Class A or B lands, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (40) Improper exhaust systems on motor vehicles in violation of the Board's rules with respect to noise pollution control. (41) Refrigerated trucks near a Class A or B land exceeding 55 dBA during nighttime hours, as defined by the Board's rules, in violation of the Board's rules with respect to noise pollution control. (42) Use of horns and other warning devices in violation of the Board's rules with respect to noise pollution control. (43) Failure to notify the Department within 24 hours of a spill or release , of petroleum or petroleum product that is between ten gallons and 100 gallons by volume or causes a sheen on surface water, pursuant to Chapter 365 , Ordinance Code, or Board Rule 7. (44) Failure to supply the Department with copies of information required to characterize pollutants released as a result of spills or leaking containers regulated in Chapter 365 , Ordinance Code, or Board Rule 7 and/or to determine the presence of a hazardous regulated substance, pollutant or pesticide, in accordance with Chapter 365 , Ordinance Code, or Board Rule 7, within 45 days. (45) Failure to provide the Department a monthly Status Report of PCB Transactions as required by Section 365.203 (d), Ordinance Code. (46) Failure to keep a copy of a Jacksonville Emergency Management Plan available at the facility as required by Section 365.109 , Ordinance Code. (47) Failure to provide one hour minimum instruction annually on the JEMP Plan to each employee whose duties require entry into the manufacturing area, or failure to provide written confirmation of such training, pursuant to Section 365.109 , Ordinance Code; (48) Failure to post warning-identification signs on National Priority List Sites. Reference F. S. § 403.7255(1). (49) Failure to provide safe access per Section 365.104 (b), Ordinance Code. (b) Each such minor violation shall be subject to a civil penalty of $250. (c) Each day during any part of which an offense, specified in subsection (a) occurs shall constitute a separate offense. (d) For purposes of this Part, Chapter 362, Chapter 368 or Chapter 376 , controlled open burning for silvicultural or agricultural purposes will continue to be authorized and regulated by the State Division of Forestry as permitted by the Florida Statutes and the Florida Administrative Code; provided, however, this Section shall not be construed to prevent local enforcement of State and local environmental laws, rules or regulations against silvicultural and agricultural operations to the extent those operations are not pre-empted by State laws or regulations. (Ord. 88-117-123, § 12; Ord. 94-964-700, § 5; Ord. 97-539-E, § 3; Ord. 2009-359-E, § 2; Ord. 2010-68-E, § 1)