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Ordinance 014-1994 • Commissioner Cheal ORDINANCE NO. 014 -1994 AN ORDINANCE DEFINING HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS AND RELEASE; AUTHORIZING THE COUNTY ADMINISTRATOR TO UNDERTAKE EMERGENCY RESPONSE MEASURES IN THE EVENT OF A RELEASE OF HAZARDOUS SUBSTANCES , POLLUTANTS OR CONTAMINANTS IN MONROE COUNTY; REQUIRING THE COUNTY ADMINISTRATOR TO CONTACT THE FEDERAL GOVERN- MENT IN THE EVENT OF A RELEASE; REQUIRING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR ANY COUNTY COSTS INCURRED IN RESPONDING TO THE RELEASE FROM POTENTIALLY RESPONSIBLE PARTIES; AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR THOSE COUNTY COSTS FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER 42 USCA 9623 AND 40 CFR 310; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF -n MONROE COUNTY, FLORIDA, that: o rn Section 1 . Definitions . ) A. Hazardous substance means : a) any substance designated pursuant Jrto. 'tectn T 1321(b) (2) (A) of Title 33 , b) any element , compound, mixture, solution, or substance designated pursuant to section 9602 of this title, c) any hazardous waste having the characteristics iden- tified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 USCA § 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act Disposal Act [42 USCA § 6901 et seq. ] has been suspended by Act of Congress) , d) any toxic pollutant listed under section 1317 (a) of Title 33 , e) any hazardous air pollutant listed under section 112 of the Clean Air Act [42 USCA § 7412] , and f) any imminently hazardous chemical substance or mixture with respect to which the EPA Administrator has taken action pursuant to section 2606 of Title 15. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of this paragraph, and the term does not include natural gas , natural gas liquids , liquified natural gas , or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) . B. Pollutant or contaminant shall include, but not be limited to, any element, substance, compound, or mixture, includ- ing disease-causing agents , which after release into the environ- ment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains , will or may rea- sonably be anticipated to cause death, disease, behavioral abnormalities , cancer, genetic mutation, physiological mal- functions (including malfunctions in reproduction) or physical deformations , in such organisms or their offspring; except that the term " pollutant or contaminant " shall not include petrole- um, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of Sec. 1 (A) of 2 this Ordinance, and shall not include natural gas , liquified natural gas , or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas) . C. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the aban- donment or discarding of barrels , containers , and other closed receptacles containing any hazardous substance or pollutant or contaminant ) within Monroe County but excludes a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons , b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft , vessel , or pipeline pumping station engine, c) 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 USCA § 2011 , et seq. ] , if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of such Act [42 USCA § 2210] , and d) the normal application of fertilizer. For the purposes of this Ordinance, release also means the threat of release. Section 2. A. In the event of the release of a hazardous substance, pollutant or contaminant , the County Administrator is authorized 3 to act by undertaking temporary emergency response measures to prevent or mitigate injury to human health or the environment associated with the release. The measures may include , but are not limited to , security fencing, source control , release con- tainment, neutralization or other treatment methods , contaminated run-off control , and similar activities which mitigate the immediate threats to human health and the environment. All temporary emergency measures undertaken by the County Administra- tor shall, when possible, be consistent with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA, 42 USCA 9601 , et seq. ) , the National Contingency Plan (42 USCA 9605) , and the Emergency Planning and Community Right-To-Know Act (42 USCA 11001 , et seq. ) . B. The County Administrator shall, within 24 hours of undertaking the temporary emergency response measures , contact the US Environmental Protection Agency (EPA) or the US Coast Guard (USCG) to provide the Federal Government with an opportuni- ty to determine if a Federal response is necessary. C. No later than the date of the completion of the temporary emergency response measures to the release of hazardous substances , pollutants or contaminants , the County Administrator shall seek reimbursement of the cost to the County of those measures from all potentially responsible parties and their insurance companies to the full extent allowed by federal and state law. In addition, the County Administrator shall actively seek out any grants or reimbursement which may be available from 4 the State of Florida to cover the costs of the County' s temporary emergency response. Section 3 . A. If after 60 days from the date of completion of the County' s temporary emergency response to the release of hazardous substances , pollutants or contaminants , it reasonably appears to the County Administrator that any potentially responsible parties or their insurance companies are unwilling or unable to pay the cost of the County' s response and that reimbursement or a grant from the State of Florida is unlikely, the County Administrator is authorized to file an application with the EPA pursuant to 42 USCA 9623 and 40 CFR 310 for reimbursement of those costs allowed under the statute and rule. The application shall be filed not later than one year after the date of the completion of the County' s emergency response. B. If subsequent to the County' s receipt of reimbursement from the EPA, the County obtains a recovery for the temporary emergency response costs from a potentially responsible party, an insurance company , the State of Florida, or other source, the County Administrator is authorized to direct the Clerk to refund the amount of the EPA reimbursement to that agency. C. If the County receives EPA reimbursement for the temporary emergency response, the County Administrator and Clerk are directed to retain all County records pertaining to that reimbursement for a period of ten years from the date of the receipt of the reimbursement. Upon the expiration of the ten 5 years , the records shall not be disposed of until the EPA is contacted pursuant to 40 CFR 310 .70 . D. 40 CFR 310 .50 only allows for one application for reimbursement regardless of the number of local governments which incurred costs in the temporary emergency response release of hazardous substances , pollutants or contaminants . Therefore, if the County and another local government (e.g. the City of Key West) join in a temporary emergency response, the County Adminis- trator is authorized to represent the County in any negotiation with the other local government(s) with regard to which entity shall file the EPA application and the equitable division of any reimbursement received from the EPA. The County Commission shall, however, approve any agreement reached by the County Administrator before such shall become binding on the County. Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary 6 of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of July , A.D. , 1994. Mayor London yes Mayor Pro Tem Cheal yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE OUNTY, FLORIDA By .1 /11/ By Dep uty erk �J ayor airman EFFECTIVE DATE viiwaste APPROVED AS F(?rPf L L St FFt '!F ' c 7 �•<yxe� • %.couwryco1y rl�`eJ;M C'o/ `t G'pa yc /�• 3• '�llLd ;�,Off'•. = r o@ d annp IL.. RoUjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145 TEL. (305) 292-3550 August 10, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 014-1994 defining Hazardous Substances, Pollutants and Contaminants and Release; Authorizing the County Administrator to undertake emergency response measures in the event of a release of hazardous substances, pollutants or contaminants in Monroe County; Requiring the County Administrator to contact the Federal Government in the event of a release; Requiring the County Administrator to seek reimbursement for any County costs incurred in responding to the release from potentially responsible parties; Authorizing the County Administrator to seek reimbursement for those County costs from the Federal Environmental Protection Agency under 42 USCA 9623 and 40 CFR 310; Providing for severability; Providing for repeal of all ordinances inconsistent herewith;Providing for incorporation into the Monroe County Code; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 21, 1994. Please file for. record. Danny L. Rolhage Clerk of Circuit Court and ex officio Clerk to the . Board of County Commissioners By: Isabel C. DeSantis L-gtIA-eZ Deputy Clerk cc: Municipal Code Corporation Environmental Management Director Public Safety Director County Administrator County Attorney County Commission File S • 8 ' P 91 255 209 P 891 255 208. Receipt for Receipt for r' Certified Mail Certif a M9il No Insurance Coverage Provided /S,• No Insurance Coverage Provided , „s UNITED STATES POSTAL SERVICE UNITED STATES Do not use for International Mail Do not use for International Mail POSTAL SERVICE (See Reverse) i (See Reverse) nt to Sent to MRS. LIZ CLOUD, CHIEF Streat and N O � zz3s Street and No.BUREAU OF ADMIN.CODE T)1 PT_ n-R STATF. P. to and ZIP Coe P.O.,State and ZIP Code .P� 3�3 / THE CAPITOL Postage e ► / Po(s�aLAHAS SEE, r'L. 1 i ..,,,7-?--,--7 • '-'"'" 1- - - - �• 's _ - • i Certified Fee / ?„Y, .,y,' �/j� = - . ,. _ / Certified Fee - //,/cJ�.+k ,. Special Delivery Fee =-- �.A, . Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee t._, • tuit,e /// I. Return Receipt Show'.g '' Return Receipt Showing \� I to Whom&Dat= ; er p�j to Whom&Date Delivered -".: 'o --. "" !r:! !° ho o omI g �' I ss 4-0 1 _ A _�(/VT�� t h e 1J / `� r� Y>•-• c o ��94 Postmark.�.'e j/k,,,,,_____).f3„fria,. .4,,‹ oc, a> oar - I �J .-... ...:-...4 ,C_0_' 1 c? cn 0. , O�� o o cc, c� _ y1994a ORD. 0 - -1 • ::. n SENDER: - - — - -- - y • Complete items 1 and/or 2 for additional services. I also wish to receive the c <, :-- _ • Complete items 3,and 4a&b. .r to p following services (for an extra ai •-.. - I I ` • Print your name and address on the reverse of this form so that we can fee): • �' _ I I o return this card to you. ® • Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Address — does not permit. r , • Write"Return Receipt Requested"on the mailpiece below the article number. C c� 2. El Restricted Delivery i t I Return Receipt will show to whom the article was delivered and the date v —- J c delivered. Consult postmaster for fee. ai - I I m 3. Article Addressed to: 4a. Article NumberCC .t, — c Jm MRS.LIZ CLOUD, CHIEF P891 255 208 • 1 ::r = I E BUREAU OF ADMINISTRATIVE CODE 4b. Service Type CC o o o DEPARTMENT OF STATE El Registered ❑ Insured of w 'rt I. THE CAPITOLja Certified ❑ COD c �> rn .J O .' --.— W TALLAHASSEE, FL. 32301 ❑ Express Mail Return Receipt for ,>- Merchandise - .... (' G 7. Date of Delivery .s. N I < ORD. 014-1994 7 0 `.CE " `.. 5. Signature (Addressee) S: Addressee's Address(Only if requested,Y r CO n.an -• a _c- •_ ..i `�-7 w I 1' F and fee.is paid) T. c� c- r- .n =c 1-- ,--� '' it 6. Signature (Ager c F '1. 7 \y.PS Form 381 , ecember *us.oPo:1993--352-714 DOME TIC RETURN RECEIPT NOTICEo'F INTENTION TO CON- , SID_rt ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO . -`^ • WHOM IT MAY CONCERN that on , •' Sty `, ' Thursday, July 21, 1994, at 10:00 ��4 ^ Ki_, 3S't' ' A:M. et the Holiday Inn Beachside, ' ,' tr 3841 N. Roosevelt Boulevard, Key (,;4: fix, �i r i 4 11,,L,_West, Monroe County, Florida, the ' , r' :,.�;:,�;,, Board of County Commissioners of Monroe County, Floirda, intends to Published ��1a�,'- `consider the adoption•of the follow- Iy ing County ordinance: { • • ' ORDINANCE NO.-1994 i Key West, Monroe County, Florida 33040 AN ORDINANCE DEFINING HA'Z- +:;. ' ARDOUS SUBSTANCES, POLLUT- ANTS AND CONTAMINANTS AND ' ' RELEASE; AUTHORIZING THE COUNTY ADMINISTRATOR TO UN- LORiDA ' DERTAKE EMERGENCY RE- • ' .SPONSE MEASURES IN THE MONROE: EVENT OF A RELEASE OF HAZ- ' i ARDOUS SUBSTANCES, POLLUT- ANTS OR CONTAMINNANTS :IN e undersigned authority personally appeared Randy Erickson, who on oath MONROE COUNTY; •REQUIRING THE COUNTY ADMINISTRATOR Is Advertising Manager of The Key West Citizen, a daily newspaper published TO'CONTACT THE FEDERAL GOV- 1 ERNMENTIN THE EVENT OFACRE- in Monroe County, Florida; that the attached copy of the advertisenierit, being LEASE; REQUIRING THE COUNTY ADMINISTATOR TO SEEK REIM- FORCOSTSENT INCURREDANY IN RESPOND- 'tter oCOUNTY f_.0' ; _ (,)[.n. -- C ZO-rc1 o S JbS-i- /�C2 ING TO THE RELEASE FROM PO- , �• TENTIALLY .RESPONSIBLE PAR- ' TIES; AUTHORIZING THE COUNTY' .ADMINISTRATOR TO SEEK REIM- - BURSMENT FOR THOSE COUNTY i COSTS FROM THE FEDERAL EN- court, was published in said newspaper in the VIRONMENTAL .PROTECTION �� AGENCY.UNDER 42 USCA 9623 i )0 L 1, 4 l 0�� AND 40 CFR 310; PROVIDING FOR ) SEVERABILITY; PROVIDING FOR ' • REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- ,1 • •:VIDING FOR • INCORPORTATION ther says that the said The Key West Citizen is a newspaper published at Key INTO THE MONROE pOUNTY • CODE; AND PROVIDING-FOR AND ;f Monroe County, Florida, and that the said newspaper has heretofore been ' EFFECTIVE DATE y • Pursuant to Section 286.0105, Flor- ' published in said Monroe County, Florida, each day (except Saturdays and id a Statutes, notice is given that if a 'Idays) and has been entered as second-class mail matter at the post office in i person decided to appeal any deci- sioh made by the Board with respect I said Monroe County, Florida, for a period of 1 year next preceding the first to any matter considered at such , hearing or meeting, he will need a )f the attached copy of advertisement; and affiant further says that he has record of the proceedings, and that, for such purpose,hemay_needto-en for promised any person, firm or corporation any discount, rebate, commission sure that a verbatirri• record of the ',I the purpose of securing this advertisement for publication in the said proceedings 18 made, which record includes the testimony and eyid.ende upon which the-appeal is to be based. / Copies of the above-referenced ordi- I d__Le.„6,_.....,__ nance are available for review at the ' 0.' various public libraries in Monroe I County, Florida. (Signature of Affiant) Dated at Key West, Florida this 29th ; day of June, 1994. • t��� DANNY L.KOLHAGE :I subscribed before me thls,2 day of „aG Clerk of the Circuit Court.. and ex officio Clerk of the . Board of County Commissioners , • • , of Monroe County,Florida July 4&8, 1994 ':„ig,, NA jC �Fl1Ure o Notary Public) I _'. �, MY COMM IO #CC 354124 SEAL i ,; EXPIRES:March 9,1998 •'of'Xis,'' Bonded lhni Notary Public Underwriters (Name of Notary Public) Expires: S/7A7 Personally Known or Produced Identification • TTvoe of Identification Produced • • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE • 74 , :iiio . NOTICE IS HEREBY GIVEN TO WHOM ITNAN MAY CONCERN that on Thursday, July 21, 1994', at 10:00-A.M. at the Holiday Inn Beachside,3841 N.Roosevelt Boule .,d,Key West,Monroe County, Florida,the Board of County CommissioneN of Monroe County,Florida, intends to consider the adoption of the followi.a County ordinance: ORDINANCE NO. 1994 AN ORDINANCE DEFINING HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS AND RELEASE;AUTHO- RIZING THE COUNTY ADMINISTRATORTO UNDERTAKE EMER- OBEld AV� GENCY RESPONSE MEASURES IN THE EVENT OF A RELEASE OF �/ HAZARDOUS SUB STANCES,POLLUTANTS OR CONTAMINANTS DAGNY WOLFF IN MONROE COUN'TY;REQUIRING THE COUNTY ADMINISTRA- . , , TOR TO CONTACT THE FEDERAL GOVERNMENT IN THE EVENT Editor&Publisher BC OF A RELEASE;REQUIRING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR ANY COUNTY COSTS INCURRED , IN RESPONDING TO THE RELEASE FROM POTENTIALLY RE- ' SPONSIBLE PARTIES;AUTHORIZING THE COUNTY ADMINIS- TRATORTO SEEKREIMBURSEMENTFORTHOSECOUNTY COSTS FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER 42 USCA 9623 AND 40 CFR 310; PROVIDING FOR SEV ERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES PROOF OF PUBLICATION ' INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE;AND PROVIDING AN EF- FECTIVE DATE. STATE OF FLORIDA ) Pursuant to Section 286.0105,Florida Statutes,notice is given that if COUNTY OF MONROE ) , a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a Before the undersigned authority personally appeared_DAG verbatim record of the proceedings is made,which record includes the ,who on oath, says that she is EDITOR& testimony and evidence upon which the appeal is to be based. , of THE REPORTER, a weekl news a er ublished at Tavernier P Copies of the above-referenced ordinance are available for review at y p p p the various public libraries in Monroe County,Florida. that the attached copy of advertisement,being a_LEGAL AD. , DATED at Key West,Florida,this 29th day of June,1994. DANNY L.KOLHAGE ! IN THE MATTER OF NOTICE OF INTENTION Clerk of the Circuit Court IN THE Court, was published i and ex officio Clerk of the in, Board of County Commissioners newspaper in the issues of 7/7 and 7/14/94 . , of Monroe County,Florida Affiant further says that the said REPORTER is a newspaper put - at Tavernier, in said Monroe County,Florida, and that the said new; Published:7/1 and 7/14/94 heretofore been continuously published in the said Monroe County, The Reporter each week(on Thursday), Tavernier,FL 33070 and has been entered as second class maii the Post Office in Tavernier,in said County of Monroe,Florida, for • one year next preceding the first publication of the attached copy of and affiant further says that he has neither paid nor promised any fit corporation any discount, rebate,commission or refund for the pure • _ .- .----- this said advertisement for publication inthe said newspaper. • ------t- .. SE SWORN TO AND SUBSCRIBED BEFORE ME THIS 14TH_DAY OF_JULY_A.D.,1994- /& /9 . NOTARY PUBLIC PiOfARY FtL U ; IIATa O F'latzM'A,AI LA t o MY COMMISSION EXPIRES: 1114 Apvt`I2tnicts9 .it(g2Ctt3 nil 45,i'1 Woozy ttti'P.0 A:;aAtP'a 14,1 ner zaiNtal'ZAQtt • PROOF OF PUBLICATION • • ' THE FLORIDA KEYS KEYNOTER Published Twice Weekly ' MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Tuell • who on oath, says that he/she is Editor of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a NOTICE OF INTENTION IN THE MATTER OF: ADOPTION OF COUNTY ORDINANCE NO. -19949sdinan in the defining hazardous substances • Court, was published in said newspaper in the issues of July 2 1 9 1994 • Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper • at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- o no.-8lzosoo' ; • NOTICE OFINTENTION paper has heretofore been continuously published in said MONROE COUN- • - OFCOUN1DYORDDINANCE` • 1 I • TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been -NOTICE IS HEREBY GIVEN TO) ;-WHOM IT MAY CONCERN that, •on Thursday,July 21. 1994, at; entered as second class mail matter at the post office in MARATHON, in �5�.10:00 A.M., at the Holiday Inns Boulevade, 3841 N. Roosevelt Boulevard, .Key West; Monroe said MONROE COUNTY, FLORIDA,for a period of one year next preceding County, sof ` , otymmssior Mon; roe County, Florida,- intends tol the first publication of the attached copy of advertisement; and affiant fur- consider the adoption of'the.foF1lowingCountyordinance: - { ther says that he has neither paid nor promised any person, firm, or corpo- ORDINANCE NO. ,•1994 I ''-AN ORDINANCE DEFINING! ration any discount, rebate, commission or refund for the purpose of secur- - HAZARDOUS -SUBSTANCES,/ POLLUTANTS AND CONTAMI- NANTS AND RELEASE;AUTHO, ing this advertisement for publication in the said newspaper.(SEAL) RIZING.THE COUNTY ADMINIS- • TRATOR TO UNDERTAKE. EMERGENCY RESPONSE'.MEA-! , SURES IN'THE EVENT OF A RE- LEASE OF HAZARDOUS SUB-1 STANCES, •P.OLLUTANTS OR CONTAMINANTS IN MONROE; COUNTY; REQUIRING. THE, COUNTY ADMINISTRATOR.TO; CONTACT THE FEDERAL GOV-; ERNMENT IN,THE EVENT.OF.A RELEASE; REQUIRING •THE, 'CEOUNTYE IADMINISTRATOR;TROE -ANY Y. COUNTY S COSTSE FIIN-ii `- CURRED IN RESPONDING TOI .�, :;THE RELEASE FROM POTEN-. TIALLY RESPONSIBLE PARTIES;; AUTHORIZING THE COUNTY -'ADMINISTRATOR TO SEEK RE- _ IMBURSEMENT FOR- THOSE // COUNTY..COSTS.FROM.-THEE -FEDERAL ENVIRONMENTAL 4oARY LOU SOLLBERGER PROTECTION AGENCY UNDER% 42 USCA.9623 AND 40 CFR:. MCORIn1 310; PROVIDING FOR-SEVER-' �QI�RY Y Exp, $1:1:4/96 -•ABILITY•. PROVIDING FOR RE-' `P! PEAL O ALL ORDINANCES IN-1 •CONSISTENT HEREWITH;PRO-,' (seal) ,•.-,- , �ust�c Q Banded By Service Ins INVIDING FOR INCORPORATION' to C) No. CC219643 I CODE;AND E MONROE ROVID NG COUNTY! N Er- F �� FECTIVE DATE. '. ;_I Pt' 'Known1 J Gifu,LA ff"Pursuant to Section 286.0105,1 SWORN TO AND SUBSCRIBED BEFORE ME THIS //` I Florida Statutes,-notice to ppeal: 'that-rf a arson decided to apppeal .any decision made by the Board, :with respect.to any,matter.con- ;sidered at such hearings or meet-; •ings,he will.need'a record of the —� ..proceedings, and that, for'such, ®®// purpose,he may need.f ensure -DAY O F (,t—_ A.D. 1 9 that a verbatim record of the pro- ceedings is made,which record __ •',includes the testimony and`evi- .;'dence upon which the appeal is,' • ,to be based.-_ • - . / • "Copies of the-above-referahced. •ordinance'flat- u available for rkes in; 14 ine various F on libraries ins Monroex.- County,Florida. -- -- --�— DATED at Key West,Florida,this. 9th day of June,'"994. °i- ' • DANNY L.KOLHAGE 1 Clerk of the Circuit.Court - -and ex officio Clerk:Cif the' i Board of_County Commissioners • .of Monroe County,.Florida' I:,Publish:Julie 2&9,1994 • • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, July 21 , 1994 , at 10 : 00 A.M. at the Holiday Inn Beachside, 3841 N. Roosevelt Boulevard, Key West, Monroe County, ' Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1994 AN ORDINANCE DEFINING HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS AND RELEASE; AUTHORIZING THE COUNTY ADMINISTRATOR TO UNDERTAKE EMERGENCY RESPONSE MEASURES IN THE EVENT OF A RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR CONTAMINANTS IN MONROE COUNTY; REQUIRING THE COUNTY ADMINISTRATOR TO CONTACT THE FEDERAL GOVERN- MENT IN THE EVENT OF A RELEASE; REQUIRING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR ANY COUNTY COSTS INCURRED IN RESPONDING TO THE RELEASE FROM POTENTIALLY RESPONSIBLE PARTIES ; AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR THOSE COUNTY COSTS FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER 42 USCA 9623 AND 40 CFR 310; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE'DATE Pursuant to Section 286 . 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings , he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 29th day of June, 1994. • DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) 5 ` • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, July 21 , 1994, at 10 : 00 A.M. at the Holiday Inn Beachside, 3841 N. Roosevelt Boulevard, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1994 AN ORDINANCE DEFINING HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS AND RELEASE; AUTHORIZING THE COUNTY ADMINISTRATOR TO UNDERTAKE EMERGENCY RESPONSE MEASURES IN THE EVENT OF A RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR CONTAMINANTS IN MONROE COUNTY; REQUIRING THE COUNTY ADMINISTRATOR TO CONTACT THE FEDERAL GOVERN- MENT IN THE EVENT OF A RELEASE; REQUIRING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR ANY COUNTY COSTS INCURRED IN RESPONDING TO THE RELEASE FROM POTENTIALLY RESPONSIBLE PARTIES ; AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR THOSE COUNTY COSTS FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER 42 USCA 9623 AND 40 CFR 310 ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES . INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286. 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings , he will need a record of the proceedings , and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 29th day of June, 1994. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Commissioner Cheal ORDINANCE NO. -1994 AN ORDINANCE DEFINING HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS AND RELEASE; AUTHORIZING THE COUNTY ADMINISTRATOR TO UNDERTAKE EMERGENCY RESPONSE MEASURES IN THE EVENT OF A RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR CONTAMINANTS IN MONROE COUNTY; REQUIRING THE COUNTY ADMINISTRATOR TO CONTACT THE FEDERAL GOVERN- MENT IN THE EVENT OF A RELEASE; REQUIRING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR ANY COUNTY COSTS INCURRED IN RESPONDING TO THE RELEASE FROM POTENTIALLY RESPONSIBLE PARTIES; AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK REIMBURSEMENT FOR THOSE COUNTY COSTS FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER 42 USCA 9623 AND 40 CFR 310; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that : Section 1 . Definitions. A. Hazardous substance means : a) any substance designated pursuant to section 1321 (b) (2) (A) of Title 33 , b) any element , compound, mixture , solution, or substance designated pursuant to section 9602 of this title , c) any hazardous waste having the characteristics iden- tified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 USCA § 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act Disposal Act [42 USCA § 6901 et seq. ] has been suspended by Act of Congress) , - - d) any toxic pollutant listed under section 1317 (a) of Title 33 , e) any hazardous air pollutant listed under section 112 of the Clean Air Act [ 42 USCA § 7412] , and f) any imminently hazardous chemical substance or mixture with respect to which the EPA Administrator has taken action pursuant to section 2606 of Title 15 . The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of this paragraph, and the term does not include natural gas , natural gas liquids , liquified natural gas , or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) . B. Pollutant or contaminant shall include, but not be limited to , any element , substance, compound, or mixture, includ- ing disease-causing agents , which after release into the environ- ment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains , will or may rea- sonably be anticipated to cause death, disease, behavioral abnormalities , cancer , genetic mutation, physiological mal- functions (including malfunctions in reproduction) or physical deformations , in such organisms or their offspring; except that the term " pollutant or contaminant " shall not include petrole- um, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of Sec. 1 (A) of 2 this Ordinance, and shall not include natural gas , liquified natural gas , or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas) . C. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping , or disposing into the environment (including the aban- donment or discarding of barrels , containers , and other closed receptacles containing any hazardous substance or pollutant or contaminant ) within Monroe County but excludes a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons , b) emissions .from the engine exhaust of a motor vehicle, rolling stock, aircraft , vessel , or pipeline pumping station engine, c) 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 USCA § 2011 , et seq. ] , if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of such Act [42 USCA § 2210] , and ,d) the normal application of fertilizer. For the purposes of this Ordinance, release also means the threat of release. Section 2. A. In the event of the release of a hazardous substance, pollutant or contaminant , the County Administrator is authorized 3 to act by undertaking temporary emergency response measures to prevent or mitigate injury to human health or the environment associated with the release. The measures may include , but are not limited to , security fencing, source control , release con- tainment, neutralization or other treatment methods , contaminated run-off control , and similar activities which mitigate the immediate threats to human health and the environment. All temporary emergency measures undertaken by the County Administra- tor shall, when possible , be consistent with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA, 42 USCA 9601 , et seq. ) , the National Contingency Plan (42 USCA 9605) , and the Emergency Planning and Community Right-To-Know Act (42 USCA 11001 , et seq. ) . B. The County Administrator shall, within 24 hours of undertaking the temporary emergency response measures , contact the US Environmental Protection Agency (EPA) or the US Coast Guard (USCG) to provide the Federal Government with an opportuni- ty to determine if a Federal response is necessary. C. No later than the date of the completion of the temporary emergency response measures to the release of hazardous substances , pollutants or contaminants , the County Administrator shall seek reimbursement of the cost to the County of those measures from all potentially responsible parties and their insurance companies to the full extent allowed by federal and state law. In addition, the County Administrator shall actively seek out any grants or reimbursement which may be available from 4 the State of Florida to cover the costs of the County' s temporary emergency response. Section 3 . A. If after 60 days from the date of completion ,of the County' s temporary emergency response to the release of hazardous substances , pollutants or contaminants , it reasonably appears to the County Administrator that any potentially responsible parties or their insurance companies are unwilling or unable to pay the cost of the County' s response and that reimbursement or a grant from the State of Florida is unlikely, the County Administrator is authorized to file an application with the EPA pursuant to 42 USCA 9623 and 40 CFR 310 for reimbursement of those costs allowed under the statute and rule. The application shall be filed not later than one year after the date of the completion of the County' s emergency response. B. If subsequent to the County' s receipt of reimbursement from the EPA, the County obtains a recovery for the temporary emergency response costs from a potentially responsible party, an insurance company , the State of Florida, or other source, the County Administrator is authorized to direct the Clerk to refund the amount of the EPA reimbursement to that agency. C. If the County receives EPA reimbursement for the temporary emergency response, the County Administrator and. Clerk are directed to retain all County records pertaining to that reimbursement for a. period of ten years from the date of the receipt of the reimbursement. Upon the expiration of the ten 5 years , the records shall not be disposed of until the EPA is contacted pursuant to 40 CFR 310 .70 . D. 40 CFR 310 . 50 only allows for one application for reimbursement regardless of the number of local governments which . incurred costs in the temporary emergency response release of hazardous substances , pollutants or contaminants . Therefore, if the County and another local government (e.g. the City of Key West) join in a temporary emergency response, the County Adminis- trator is authorized to represent the County in any negotiation with the other local government(s) with regard to which entity shall file. the EPA application and the equitable division of any reimbursement received from the EPA. The County Commission shall, however, approve any agreement reached by the County Administrator before such shall become binding on the County. Section 4 . If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5 . All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall , be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7 . This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary 6 . of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County; Florida, at a regular meeting of said Board held • on the day of , A.D. , 1994. Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS Attest : DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/chairman EFFECTIVE DATE viiwaste APPROVED AS .. . O LE L G?!='. 7 rt ,�x;z '.. ,,.•per ng ,vx P COp�'S FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904) 488-8427 • August 16 , 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel De Santis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125.66 , Florida Statutes, this will acknowledge your letter of August 10, 1994 and certified copies of Monroe County Ordinance Numbers 94-13, €9" 14 4and 94-15, which were received and filed in this office on August 15 , 1994 . Sincerely, 44Setbr12LC-?Nv‘ Liz Cloud, Chief Bureau of Administrative Code LC/mb co ) N '` : cc