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)