HomeMy WebLinkAboutCity of Tamarac Ordinance O-2001-010Temp. Ordinance #1924
February 21, 2001 1
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2001-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING SECTION
10-132, ENTITLED "WELLFIELD PROTECTION" OF
CHAPTER 10 OF THE TAMARAC CITY CODE,
ENTITLED "LAND DEVELOPMENT REGULATIONS",
PROVIDING CRITERIA FOR REGULATING AND
PROHIBITING THE USE, HANDLING, PRODUCTION
AND STORAGE OF CERTAIN DELETERIOUS
SUBSTANCES WHICH MAY IMPAIR PRESENT
POTABLE WATER SUPPLY WELLS AND
WELLFIELDS; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
and
WHEREAS, groundwater is the source for drinking water in the City of Tamarac;
WHEREAS, it is the intent of wellfield protection to protect potable wells from
contamination and to prevent the need for their replacement or restoration due to
contamination; and
WHEREAS, criteria are needed to adequately protect the wellfield from land uses
that may contaminate the wellfield; and
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Temp. Ordinance #1924
February 21, 2001 2
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
WHEREAS, Broward County Code Article XIII, Section 27-376 (a copy of which
is attached hereto as "Exhibit A") provides some protection for our wellfield; and
WHEREAS, the City of Tamarac must insure the protection of its groundwater
source from the harm presented by the possible infiltration of hazardous material into
the ground due to the misuse, improper storage, handling, and disposal of unauthorized
hazardous materials; and
WHEREAS, Broward County Department of Planning and Environmental
Protection has created zones of influence maps dated February 16, 2001, (a copy of
which is attached hereto as "Exhibit B"); and
WHEREAS, the Director of Utilities recommends that the City amend Section 10-
132 "Wellfield Protection" of the City Code; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to amend
Section 10-132 "Wellfield Protection" of the City Code.
n
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Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 3
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance.
SECTION 2: Section 10-132 " Wellfield Protection" in Chapter 10, "Land
Development Regulations" of the City Code of Ordinances is hereby amended to read
as follows:
SECTION 10-132 WELLFIELD PROTECTION
This section shall be known as "The City of Tamarac Wellfield Protection
Ordinance."
This Ordinance shall apply to the service area of the City of Tamarac Florida
water system.
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14--a-d County
Code ..
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Chapter 27 of the
is
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as amended
amended frorn time to time, hereby
of this seGtion.
adopted by
refereRGe and de
a part.
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CODING: Words in StFUGU through- type are deletions from existing law.
Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 4
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
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ELUMELLU
10.
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Words in underscored type are additions.
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Temp. Ordinance #1924
February 21, 2001 5
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
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A) Purpose
The purpose of this section is to protect and safeguard the health safety, and
welfare of the residents of Tamarac, Florida by providing_ criteria for regulating and
prohibiting the use handling, production and storage of certain deleterious substances
which may impair present and future potable water supply wells and wellfields.
4) Responsibility
1) The Director of Utilities is responsible for the protection of the potable water
system from contamination or pollution due to the use, handling, production and
storage of deleterious substances near a public potable water supply well and
wellfield.
CODING: Words in struck thr.-.,,r,h type are deletions from existing law.
Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 6
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
2) If, in the judgement of the Director of Utilities, a proposed use of land in a zone of
influence has the potential to_cause _harm to_a wellfield, the Director of Utilities
shall give notice in writing to the developer with the appropriate prohibitions
and/or conditions necessa to protect the wellfield. The developer shall address
at their own expense these prohibitions and/or conditions prior to being issued a
Building Permit.
3) The Building Official shall be responsible for ensuring that „all prohibitions and
conditions set forth by the Director of Utilities are properly followed prior to the
issuance of the Building Permit and during construction.
4) It is the responsibility of the Director of Community Development to ensure that
no Occupational Licenses -are granted for the prohibited activities of gasoline
stations automobile repair shops, lawn and garden shops, and dry cleaners in
ZnnP 4_
5) The developer and/or owner of the property shall be responsible for complying
with all state county, and local regulations for use of land within a zone of
influence. All permits shall be the responsibility of the developer/owner.
C) Definitions
1) Zones of influence means zones delineated by- iso-travel time contours and the
one foot (1') drawdown contour within cones of depression of wells which obtain
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Words in underscored type are additions.
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Temp. Ordinance #1924
February 21, 2001 7
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
water from the unconfined or surficial aquifer system. These zones are
calculated based on the rate of movement of groundwaters in the vicinity of wells
at a specific pumping rate. Within these zones hazardous materials are
regulated to protect the quality of the groundwater. The City's four zones are as
follows:
Zone 1: The land area situated between the wells and the ten 10 day travel
time contour.
Zone 2: The land area situated between the ten 10 day and the thirty 30 day
travel time contours.
Zone 3: The land area situated between the thirty 30 day and the two hundred
ten (210) day travel time contours.
Zone 4: The land area situated between the raw water well and a one thousand
foot (1,000') radius.
2) Zones of influence maps means aerial photographs at scales determined by
Broward County showing the location on the ground of the outer limits of zones
of influence for present and future public potable water supply wells and
wellfields permitted for 100,000 gallons per day or more.
CODING: Words in struck through- type are deletions from existing law.
Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 8
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
M Incorporation of Regulated Substance List
The list of regulated substances, entitled Lists of Hazardous Wastes (40 CFR
Part 261. Subpart D). 40 CFR. Part 261. Appendix Vill-Hazardous Constituents. and
EPA Designation_ Reportable Quantities and Notification Requirements for Hazardous
Substances Under CERCLA (40 CFR 302, effective July 3, 1986): is hereby
incorporated to provide for simplicity of transfer of authority to the City. Existing
Broward County regulations include every item on this list.
E) Incorporation of Zones of Influence Maps
The zones of influence maps completed by Broward Countv February 16. 2001
are incorporated and made a part of this article and shall be on file and maintained
the Tamarac Utilities Department. A map of Zone 4 (attached hereto as "Exhibit B") is
also incorporated and made a part of this article and shall be on file and maintained by
the Tamarac Utilities Department.
Fj Policy
1) Incorporation of Policy for Zones 1, 2, and 3
All prohibitions, restrictions, exemptions, and licensing_ required by the Broward
County Code Section 27, Article XIII, and subsequent revisions entitled "Wellfield
Protection" apply. In the event of conflict between the County Code and this
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Words in underscored type are additions.
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Temp. Ordinance #1924
February 21, 2001 9
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
section, the provisions of this section shall apply.
2) Zone Four (4
(a) Prohibited activities. All gasoline stations automobile repair shops, lawn and
garden shops, and d cleaners are prohibited, unless they were operating
prior to the enactment of this ordinance. The Director of Utilities shall prohibit
other businesses that would have a deleterious effect on the safety of the
groundwater.
(b) No Building Permit or Occupational License for the prohibited activities of
gasoline stations automobile repair shops, lawn and garden shops, and d
cleaners in Zone 4. Permits or Occupational Licenses issued in violation of
this section confirm no right or privilege on the grantee and such invalid
permit or licenses will not vest rights_
3) Reporting of spills: Any spill of a regulated substance in an amount greater than
that indicated in Lists of Hazardous Wastes 40 CFR Part 261 Subpart D 40
CFR Part 261 Appendix Vlll-Hazardous Constituents and EPA Designation
Reportable Quantities and Notification Requirements for Hazardous Substances
Under CERCLA (40 CFR 302, effective July 3, 1986); shall be reported to the
City and Broward County by telephone immediately upon discove of the spill.
A full written report including the steps taken to contain the spill shall be
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Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 10
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
submitted to Broward County and the City within five (5) days of discover rLof the
spi11.
4) Determination of Location within Wellfields.
In determinina the location of properties within the zones depicted on the zones of
influence maps, the following rules shall apply:
a) Properties located wholly within one (1) zone reflected on the applicable zones of
influence maps shall be governed by the restrictions applicable to that zone.
b) Properties having parts lying within more than one (1) zone as reflected on the
applicable zones of influence maps shall be governed by the restrictions
applicable to the zone in which the part of the property is located.
c) Where a travel time contour, which delineates the boundary between two zones
of influence. passes throuah a buildina. the entire buildina shall be considered to
be in the more stringent zone.
5) Exemption
In addition to the exemptions in Broward County Code Section 27-380 Article XIII
and subseauent revisions entitled Wellfield Protection: the followina exemption shall
.•e
(a) Construction Activities: The activities of constructing, repairing or maintaini
facility or improvements_ on lands within Zone 1, Zone 2, Zone 3, or Zone 4 shall
be exempt from the provisions of this section, providing that all contractors,
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Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 11
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
subcontractors laborers suppliers and their employees, when using,handlin
storing or producing regulated substances use those applicable Best
Management Practices set forth below. The general contractor, or if there is
none the property owner, shall be responsible for assuring that each contractor
or subcontractor evaluates each site before construction is initiated to determine
if any site conditions may pose particular problems for the handling of any
regulated substances.
1) If any regulated substances are stored on the construction site during the
construction process, they shall be stored in a location and manner, which will
minimize any possible risk of release to the environment. Any storage
container of 55 gallons, or 440 pounds, or more containing regulated
substances shall have below it an impervious containments stem
constructed of materials of sufficient thickness density and composition that
will prevent the discharge to the land roundwaters or surface waters of an
pollutant which may emanate from said storage container or containers.
Each containments stem shall be able to contain 150% of all storage
containers above the containments stem.
2) Each contractor shall familiarize him/herself with the manufacturer's safet
data sheet supplied with each material containing a regulated substance and
shall be familiar with procedures required to contain and clean up any
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Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 12
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
releases of the regulated substance. Any tools or equipment necessary to
accomplish same shall be available in case of a release.
3) Upon completion of construction, all unused and waste regulated substances
and containment systems must_ be removed from the construction site by the
responsible contractor and must be disposed of in a proper manner as
prescribed by law.
SECTION 3: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and those Sections of this Ordinance may be
renumbered or relettered and the "Ordinance" may be changed to "Section", "Article" or
such other word or phrase in order to accomplish such intention.
SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
CODING: Words in StFUGk thFO ,g type are deletions from existing law.
Words in underscored type are additions.
Temp. Ordinance #1924
February 21, 2001 13
Revision 1, May 7, 2001
Revision 2, May 17, 2001
Revision 3, May 21, 2001
SECTION 6: This Ordinance shall become effective immediately upon
adoption.
PASSED, FIRST READING THIS 13TH DAY OF JUNE, 2001.
PASSED, SECOND READING THIS 271" DAY OF JUNE, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have a proved this
RESMUTJION as to form.
�TCHELL/S. KBAF
CITY ATTO NEY
REG/FO/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _ Ayel
DIST 1: COMM. PORTNER A
DIST 2: COMM. MISHKIN_ y
bIST 3: V/M SULTANOF A)v
DIST 4: COMM. ROBERTS A
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Words in underscored type are additions.
"EXHIBIT A"
§ 27-376 BROWARD COUNTY CODE
ARTICLE XIII. WELLFIELD PROTECTION*
Sec. 27.376. Definitions.
The following definitions apply only to this article. Applicable
definitions found in other articles shall be used in this article.
Continuous transit is the nonstop movement of a mobile ve-
hicle.
Hazardous material wellfield license is a license issued by the
county to a person operating a facility that stores, handles, uses
or produces regulated substances, as defined herein, to comply
with this division. Upon the effective date of this division, all
wellfield protection permits issued by the Broward County Water
Resources Management Division pursuant to the Wellfield Pro-
tection Ordinance (Ordinance No. 84-60), as amended, and Reso-
lution 84-2025 [§ 34-182 et seq.], as amended, shall be converted
to hazardous material wellfield licenses. All conditions and re-
quirements of the wellfield protection permit and information
proN,ided to Broward County Water Resources Management Di-
vision as part of the wellfield protection permit shall be incorpo-
rated into the hazardous material wellfield protection License
issued for the facility.
Nonresidential activity means any activity which occurs in any
building, structure or open area which is not used primarily as a
private residence or dwelling.
f<>> Permitted pumping capacity refers to the amount of water au-
thorized by the South Florida Water Management District to be
pumped from a well, expressed as gallons per day.
Pollutant travel time is the time required by pollutants to travel
fl-olt. one' 1)0int to another.
Potable tvater is that water that is satisfactory for drinking,
culinary and domestic purposes, meeting current state and fed-
eral drinking water standards.
"Editor's note. —Art. XIII wns formerly ni-t. XII, div. 4. The Rection numbers
ii>tve not. chnnl_,'d
POLLUTION CONTROL § 27-377
Public utility is any privately owned, municipally owned or
county -owned system providing water or wastewater service to
the public which has at least fifteen (15) service connections or
regularly serves an average of at least twenty-five (25) individ-
uals daily for at least sixty (60) days of the year.
Regulated substances are those substances contained in the list
of hazardous and toxic substances appended to this division.
Travel time contour is the locus of points from which water
takes an equal amount of time to reach a given destination such
as a well or wellfield.
Travel time zones are the areas bounded by travel time con-
tours.
Well means an artificial excavation that derives water from the
interstices of the rocks or soil which it penetrates.
Well field means a tract of land which contains a number of
existing or proposed wells for supplying water as specified in the
wellfield protection maps, as amended, approved by the Broward
County Board of Commissioners.
Zones of influence refers to zones delineated by isotravel time
contours around existing or proposed wellfields as specified in the
wellfield protection maps, as amended, approved by the Broward
County Board of Commissioners, within which hazardous mate-
rials are regulated to protect the quality of the groundwater.
Zone I: The land area situated between the well(s) and the
ten-day travel time contour.
Zone 2: The land area situated between the ten-day and the
<�s2� thirty -day travel time contours.
Zone 3: The land area situated between the thirty -day and
the 210-day travel time contours, or the thirty -day and the
one -foot drawdown contours, whichever is greater.
(Ord. No. 90-49, § 1(27-12.20), 12-18-90)
Sec. 27-377. Incorporation of regulated substances list.
The list of regulated substances shown in the appendix to this
article is hereby incorporated to provide for simplicity of transfer
of authority to the count,,,. Existing county regulations include
every item on this list.
(.Ord. No. 90-49, § 1(27-12.21 ). 12-1.8-90)
Stipp No 71 �i.t
§ 27.3.78 BROWARD COUNTY CODE
f zones of influence s. ma
Sec. 27-378. Incorporationo p
The zones of influence maps completed in January 1984 and
subsequent amendments to these maps approved by the Broward
County Board of Commissioners are incorporated and made a
part of this article and shall be on file and maintained by the
Broward County Office of Environmental Services with up-to-
date copies provided to the county.
(Ord. No. 90-49, § 1(27-12.22), 12-18-90)
Sec. 27-379. Prohibitions, restrictions and licensing within
zones ec influence.
(a) Zone 1:
(1) Within zone 1 a nonresidential activity which includes the
storage, handling, usage or production of any regulated
substances shall not be permitted except as provided herein.
(2) All persons who previously engaged in nonresidential ac-
tivities within a zone 1 who store, handle, use or produce
any regulated substances shall cease to do so by August 28,
1986, except as provided herein.
(3) Any facility in zone 1 which is allowed to continue to store,
handle or use regulated substances in accordance with the
exemptions set forth shall obtain a hazardous material well -
field license which indicates the special conditions to be
instituted and the dates on which those conditions apply.
Such facilities shall also comply with all zone 2 prohibi-
tions and restrictions as set forth here and any of the con-
ditions set forth below for zone 2 as designated in said
license.
(bZori e `?:
(1 Those facilities in zone 2 which stored, handled, used or
produced any regulated substances on August 23, 1986, or
any ne,,v facility established thereafter, may continue to do
so in accordance with the provisions and exemptions set
Forth Here upon obtaining a hazardous material wellfield
license. Licensed facilities in zone 2 shall be subject to the
conditions.
:a. 1m)(,niory: A recorded inventory of all rctrul:ated sub-
st;111ces shall he maintained on :i form t,rox'ided by the
POLLUTION CONTROL § 27-379
county. The inventory shall list the substances and the
quantities present, etc., and shall be submitted with
the application for the hazardous materials wellfield
license. Such inventory shall be updated quarterly and
forwarded to the county.
b. Containment: Containment of hazardous materials
shall be in accordance with this chapter except that it
shall be of adequate size to provide not less than one
hundred (100)• percent containment for any spill. The
containment devices used shall be confirmed in the
license.
c. Emergency collection devices: Vacuum suction devices
or absorbent scavenger materials shall be present on
site in sufficient magnitude so as to control and collect
the total quantity of hazardous materials present.
Emergency containers shall be present of such ca-
pacity as to hold the total quantity of hazardous ma-
terials plus absorbent material. The presence of such
emergency collection devices shall be confirmed in the
hazardous material wellfield license and application.
d. Emergency plan: An emergency plan shall be prepared
and filed with the hazardous material wellfield license
indicating the procedures which will be followed in the
event of spillage so as to control and collect all spilled
material in such a manner as to prevent it from
reaching any storm or sanitary drains or the ground.
This is not subject to the sixty-day delay of section
27-368(b)(3)d.
4 Editor's note ---Because of the repeal and the renumbering of §§
27-351--27-370 the section reference in this subparagraph d. is in•
correct. Reference perhaps should be to § 27-356(b)(4)a.5.
e. Daily monitoring: The emergency plan shall designate
a responsible person who shall, on a daily basis, five (5)
times per week, check for breakage or leakage of any
container- containing the regulated substances. Daily
monitoring records shall be kept and made available
to the county inspector at any reasonable time for ex-
aininat.i(M.
f. Proper and adequate regular inallitenalice of contaill-
7nent and emergency eg1ciJ)T77e71.1: YrO C(Aures shill h0
Stipp No 71 2 165
§ 27-379 BROWARD COUN'rY CODE
established for the quarterly in-house inspection and l
maintenance of containment and emergency equip-
ment. Such procedures shall be in writing, a regular
schedule of maintenance shall be established, and a
log shall be kept of inspections and maintenance. Such
logs and records shall be available for inspection by
the county inspector.
g. Reporting of spills: Any spill of a regulated substance
in an amount greater than that indicated on appendix
A shall be reported to the county by telephone imme-
diately upon discovery of the spill. A full written re-
port including the steps taken to contain the spill shall
be submitted to the county within five (5) days of dis-
covery of the spill.
h. Monitoring for regulated substances in groundwater
monitoring wells: One (1) or more groundwater moni-
toring wells shall be installed at the expense of the
licensed facility in a manner approved by the county.
Certified analytical results of the quantity present in
each monitoring well of each of the regulated sub- `
stances listed in the facility's license shall be filed with t
the county by the fifteenth day of the month following
each quarter.
i. Alterations and expansion: The county shall be noti-
fied prior to the expansion, alteration or modification
of a facility holding a hazardous material wellfield li-
cense.
Any such expansion, alteration or modification shall
be in conformity with county regulations. Any e:cisting
hazardous material wellfield license shall be amended
to reflect the introduction of new regulated substances
resulting from the change.
j. Reconstruction after catastrophe: If any structure or
building in which there is any activity subject to the
provisions of this division is damaged by fire, flood,
explosion, collapse, wired, war or other catastrophe any
reconstruction shall be in conformity with count',' r
ulatioils.
Sup-., Nt, l 6)1;
POLLUTION CONTROL § 27-379
k. In the event that an accumulation of one (1) or more of
the regulated substances listed in the hazardous ma-
terial wellfield license shall appear in a potable water
well at any time, then one (1) of the following actions
shall become mandatory.
1. All persons who engage in nonresidential activi-
ties within the affected zon6'2 who store, handle,
use or produce the regulated substance(s) which
show evidence of accumulation shall cease to do so
within three (3) years of written notification from
the county. If the source of the regulated sub-
stances appearing in the potable water well can be
identified, then only that facility shall be subject
to these mandatory actions. If the owner or oper-
ator of a facility can present acceptable technical
data that substantiates it is not the source of the
regulated substances appearing in the potable
water well that facility shall not be subject to these
mandatory actions. In complying with this subsec-
tion no new regulated substance(s) may be intro-
duced in the place of any regulated substance re-
moved to comply with cessation.
2. The affected well(s) shall be reconfigured within
three (3) years by change of pumping rate or relo-
cation such that the affected facility is no longer
within zone 2.
1. Monitoring of all regulated substances shall be an on-
going activity; and in the event an accumulation, as
defined in this section shall occur, the mandatory pro-
visions of subparagraph k. shall apply.
in. if upon the effective date of this article all the: require-
ments for compliance necessary for the issuance of a
wellfield protection permit have not been completed,
and the applicant had made a diligent effort to do so, a
hazardous material wellfeld license may be issued con-
tingent on compliance within a time certain.
(2) The raw water from each well designated on tho zone's of
influence maps shall be monitored on a quarterly hasis for
�dl the regulated substances listed in the hwanlous 1"Ate-
�u; r ti" 71 ' 1 fili 1
-o
27-379
BROWARD COUNTY CODE
rials wellfield licenses issued to the facilities in the zone 2
for that particular well. It shall be the responsibility of the
public utility to provide for the sampling and analyses and
to collect the cost which shall be borne by the licensed
facilities. The quarterly analyses submitted to the Bro-
ward County Division of Water Resources Management
beginning March 6, 1987, pursuant to the We
11field Pro-
tection Ordinance (Ordinance No. 84-60) (§ 34-182 et seq.]
shall be transferred and incorporated into the wellfield pro-
tection program administered under this division.
(3) Certified quarterly reports of the analyses for regulated
substances shall be submitted to the- county by the utilities
for the purpose of determining the accumulation of regu-
lated substances in the potable water wells. These reports
will be due by the thirtieth day of the month following each
quarter as specified below:
1st quarter: January 1 to March 31.
2nd quarter: April 1 to June 30.
3rd quarter: July 1 to September 30.
4th quarter: October 1 to December 30.
(4) The presence of any of the regulated substances in a mon-
itoring well shall be used to ascertain the source of any
accumulation appearing in a potable water well. However,
the absence of the regulated substances in a monitoring
well shall not be used as the basis to exempt any facility
from the mandatory actions set forth in paragraph Wk.
(5) The county shall make a determination of the accumula-
tion of each of the regulated substances in each of the po-
table water wells. "Accumulation" shall mean an average
annual increase of ten (10) percent over the amount of sub-
stance present one (1) year earlier.
c z0fl 3:
1; Those facilities storing, handling, producing, using or man-
ufacturing regulated substances in zone 3 shall require a
hazardous inaterial license in accordance with article X11
or this chapter.
. �1. «ithin thirty (30) days of any spillage in a►1 amount
� rcater than th.it indicated in t1w appendix to this
4
POLLUTION CONTROL § 27-380
article of a regulated substance, the hazardous mate-
rial license shall be replaced with a hazardous mate-
rial wellfield license which will include the conditions
set forth in subsection (b)(1)a. through g"
b. if a facility in zone 3, on its own initiative, meets the
conditions of subsection (b)(1)a., b., c. and f., then the
hazardous material license shall -so indicate and the
conditions of subparagraph a. above shall not apply.
(Ord. No. 90-49, § 1(27-12.23), 12-18-90)
Sec. 27-380. Exemptions.
(a) Exemption for Public Utilities: Public utilities shall be ex-
empt from zone 1 and zone 2 prohibitions as set forth in section
27-379(a)(1) and (2). However, all such utilities in zone 1 and zone
2 shall comply with all provisions of section 27-379(b)(2) through
(4). The license exemption set forth in subsection (h) of this section
for regulated substances contained in storage tanks and licensed
under article X of this chapter shall apply. However, compliance
in zone 1 and zone 2 with the requirements set forth in article X
of this chapter shall be completed by August 28, 1988.
(b) Exemption for Continuous Transit: The transportation of
any regulated substances through zone 1 shall be allowed pro-
vided the transporting vehicle is in continuous transit.
(c) Exemption for Vehicular Fuel and Lubricant Use: The use of
any regulated substances solely as fuel in a vehicle fuel tank or as
lubricant in a vehicle shall be exempt from the provisions of this
article.
O'k (d) Exemption for Use of Certain Regulated Substances: The use
of certain of the regulated substances such as pesticides, herbi-
cides and fungicides in recreational, agricultural, pest control
and aquatic weed control activities shall be allowed provided that:
(1) In all zones, the use is in strict conformity with the use
requirements as set forth in the substances EPA registries
and as indicated on the containers in which the substances
are sold, and
('?1 In all zones, use in strict conformity Faith t11c� re(11111"elnt_nt.
as scat, I'(lrth in chapters 4�8+2 and 487, Fkl-1(1<1 St-l.t.utes,
)t
ch,i ers Cll :-2 :lnd 5E-9, Floridal' oAdnlllll'�( 1-:al"'o 'ode_
§ 27-380 BROWARD COUNTY CODE
(3) In a zone 1, the use of any of the regulated substances shall
be flagged in the records of the certified operator super-
vising the use. The certified operator shall provide specific
notification in writing to the applicators under his or her
supervision that they are working at a site located in a
zone 1 for which particular care is required. Records shall
be kept of the date and amount of regulated substances
used at each location.
(4) In a zone 1 the regulated substances shall not be handled
during use in a quantity exceeding seven hundred (700)
gallons of formulation.
(5) All nonresidential uses of regulated substances in zone 1
and zone 2 shall comply with all the provisions of section
27-379(b). The use of regulated substances on nonresiden-
tial landscape areas smaller than five thousand (5,000)
square feet shall be exempted from the provisions of this
article. However, commercial or government services in all
zones shall not be required to obtain individual licenses for
every site at which they use the regulated substances, and
these services shall be exempt from the provisions of this
article with regard to the sites they serve provided the use
is in accordance with (1), (2), (3) and (4) above. However, all
records for such sites as required by chapter 482, Florida
Statutes, and chapter 10D-55, Florida Administrative Code,
shall be available for inspection by the county.
(e) Exemption for the Use of Nitrates Contained in Fertilizers:
stx;iru The use of fertilizers containing nitrates shall be allowed in zone
1, zone 2 and zone 3 provided that:
(1'l For recreational activities the application of nitrate -
containing materials shall be done by a supervised appli-
cator, and the amount of fertilizer applied shall exceed nei-
ther forty (40) pounds of nitrogen per acre per month
average for the total activity nor two (2) pounds per one
thousand (1,000) s(pinro per month for any localized
area -,vithin the activity.
POLLUTION CONTROL § 27-380
(2) For agricultural activities the application of nitrate -
containing materials shall be done by a supervised appli-
cator, and the amount of fertilizer applied shall not exceed
two hundred (200) pounds of nitrogen per acre per year.
(3) The regulated substances shall not be handled in a quan-
tity exceeding seven hundred (700) gallons of formulation
in zone L
(4) All nonresidential uses of regulated substances in zone 1
and zone 2 shall comply with all the provisions of section
27-379(b). The use of regulated substances on nonresiden-
tial landscape areas smaller than five thousand (5,000)
square feet shall be exempted from the provisions of this
regulation. However, commercial services in all zones shall
not be required to obtain individual licenses for every site
at which they use the regulated substances, and these ser-
vices shall be exempted from the provisions of this regula-
tion. However, all records of application for such sites shall
be available for inspection by the county.
(f) Exemption for Laboratory or Instrument Use in Zone 1: Reg-
ulated substances shall be exempted from the prohibitions of zone
1 if they are stored, handled or used in laboratories or instru-
ments in a combined total quantity not to exceed two (2) gallons
or sixteen (16) pounds. Those activities covered in this exemption
shall obtain a hazardous material wellfield license and so shall
provide an inventory of regulated substances and a quarterly
update.
s3`rt? (g) Exemption for Retail Sales Activities: Retail sales establish-
ments in all zones of influence that store and handle regulated
substances for resale in their original unopened containers of two
(2) gallons or sixteen (16) pounds, or lefts, shall be allowed, pro-
vided that those establishments shall obtain a hazardous mate-
rials wellfield license. In order to obtain the license said estab-
lishments need only provide an inventory of regulated substances
and a quarterly update.
(h) E.xernptiorz In Zone 2 f nr Stora,izo Tanks: Exemption from the
permitting requirements in zone 2 shal I ho allowed for the storage
ofr(,.,-.zlatcd substances if contained in tier t7rt'
G
.
§ 27-380 BROWARD COUNTY COiIE
tanks and are licensed under the storage tanks regulations as set
forth in article X of this chapter and said activity complies with
the provisions of section 27-379(b).
(i) Exemption in Zone 3 for Storage Tanks: Storage tanks in
zone 3 which are licensed under article X of this chapter shall be
exempt from this article-../ ._-- c•,t
0) Exemption in Zone 3 for Automotive Service Accessary Uses
at Gasoline Service Stations: Automotive service accessory uses at
gasoline service stations in zone 3 shall be exempted from the
provisions of this article upon the installation of monitoring wells
along the down -gradient property line of the gasoline service sta-
tion. Said monitoring wells shall be monitored and recorded in
the same manner as required for the monitoring wells addressed
in article X of this chapter.
(k) Special Exemptions: Special exemptions granted an affected
person in zone 1. or zone 2 by the Broward County Water Re-
sources Management Division pursuant to the Wellfield Protec-
tion Ordinance (Ordinance No. 84-60, as amended) and Resolu-
tion 84-2025, as amended [§ 34-1.82 et seq.], from the prohibitions
set out in section 27-379(a) and (b) shall remain in effect provided
that conditions still exist at the facility as follows:
(1) That special or unusual circumstances exist which are pe-
culiar to the particular nonresidential activity and which
are different than other regulated nonresidential activi-
ties; or
(2) That adequate technology exists which will isolate the fa-
cility or activity from the potable water supply.
In renewing the special exemption, the director may prescribe
any additional appropriate conditions and safeguards which are
necessary to protect the wellfields.
(Ord_ No. 90-49, § 1.(27-12.24), 1.2-18-90)
Sec. 2 7-381. Determination of location within wellfields.
In determining the location of properties within the zones de-
picted on the zones of influence maps, the following rules shall
apply-:
(1 Properties Im.-at.ed wholly within once (1) zone reflected on
the rrpplicahle� zones of influence maps shall be governed by
the rc,i ric•t.imis applicable. to that, zono,
POLLUTION CONTROL § 27-382
(2) Properties having parts lying within more than one (1)
zone as reflected on the applicable zones of influence maps
shall be governed by the restrictions applicable to the zone
in which the part of the property is located.
(3) Where a travel time contour which delineates the boundary
between two zones of influence passes through a building,
the entire building shall be considerect-to be in that zone in
which more than fifty (50) percent of the floor space of the
building is situated as of August 28, 1986.
(Ord. No. 90-49, § 1(27-12.25), 12-18-90)
Sec. 27-382. Hazardous material wellAeld license.
(a) When Required: In zone 1 and zone 2, prior to the commence-
ment of construction, closure, alteration, replacement or opera-
tion of any facility that may cause or be a source of pollution, or
that may eliminate, reduce or control pollution of the ground,
groundwater or surface water, the owner shall obtain a county
hazardous material wellfield license. All persons who have ob-
tained a special exemption pursuant to section 27-380(k) shall be
required to comply only with the license conditions provided
therein.
(1) Closure license: When any activity coming under this ar-
ticle is to be or has been permanently terminated, the lic-
ensee shall perform a closure of the activities that will
remove all regulated substances from the site of the ac-
tivity. Prior to performing a closure of such activity, the
licensee shall obtain a closure license that contains a
schedule of events for removal, inspection and certification
that all regulated substances have been removed.
(b) Application for License: Application for a license to coil-
st.ruct, or operate a fKaellity that stores, processes, uses or manu-
factures hazardous materials shall be made on county forms and
lie.,,cc oinpanied by the following:
list of t.hc� 1,(!f. ilated substances .iro stored, 17an
cilc?d, usecl or I�rc�duced irl the -ictivity helm, ponilitted, in-
c.ludin;; 1. wir (tu:►nt.)ties.
EiG. i
§ 27-382 BROWARD COUNTY CODE
(2) A detailed description of the activities that involve the
storage, handling, use or production of the regulated sub-
stances, indicating the unit quantities in which the sub-
stances are contained or manipulated.
(3) A description of the inventory record that will be instituted
to comply with the restrictions required for zone 2.
(4) A description of the containment and site plan, the emer-
gency collection devices and containers, and the emergency
plan that will be effected to comply with the restrictions
required for zone 2 as set forth above. For zone 3 this par-
ticular documentation will only be required with the ap-
plication for a new hazardous material wellfield license
following any spillage.
(5) A description of the daily monitoring records that will be
instituted to comply with the restrictions for zones 2 and 3
as set forth above.
(6) A description of the proper and adequate regular mainte-
nance of containment and emergency equipment that will f
be required for zone 2 as set forth above. For zone 3, this 1.
particular documentation will only be required with appli-
cation for a new hazardous material wellfield license fol-
lowing any spillage.
(7) A description of the groundwater monitoring wells that
will be installed and the arrangements made for certified
quarterly analyses for regulated substances.
(8) Evidence of arrangements made with the cognizant public
utility for quarterly sampling analysis of the raw water
froIll the potable water well.
(c 1"'c:rtse CondItIOIL .
(1. Any change in the facility or operating procedures that
may affect the potential for discharging hazardous mate-
rials shall be approved prior to implementation.
(2 The license shill specify the hazardous materials to be al-
]owc.d witllin the f .unity and state that nnv sik-nificant
POLLUTION CONTROL § 27-383
additions must have prior approval if said changes could
affect the requirements for storage or secondary contain-
ment.
(3) Any disposed hazardous material, including recycled ma-
terials, shall be reported to the county on a monthly basis
by the fifteenth day of the following month, and be dis-
posed of in accordance with EPA, DES. and county require-
ments.
(4) Any discharge of hazardous material shall be reported to
the county immediately.
(5) The spill contingency plan and emergency plan shall be
implemented immediately upon discharge.
(6) It is the licensee's responsibility to require that all facility
personnel shall successfully complete a program of class-
room instructions and/or on-the-job training that teaches
them to perform their duties in a -way that ensures the
facility's compliance with this chapter. The training shall
include proper handling and storage of all hazardous ma-
terials used at the facility. It shall also include training at
least once a year in the spill contingency plan and the
emergency plan. A record of the name of each employee
and the fact that the person has completed the training
shall be kept on file on the premises three (3) years after
the employee's last work day or until a facility is closed.
(Ord. No. 90-49, § 1(27-12.26), 12-18-90)
See..27-383. Fee schedule.
5�<< (a) Effective Date: The fees shown hereunder shall apply to all
licenses required by this article issued after the effective date of
this article,
(b) LIcentic AI)plicxxtion. Filing Fee:
(1) Before my application for county license required under
this article is accepted for re%riew, a filing fee shall be de-
li-vered to the county.
(2) Prior to the issuance of the county license required under
t.11is ,irticic, the license lees prescribed in this section I,0-
dt►cud i,y t1w licensed application filing fee shall be deliti•-
i`r'Od to I'lle c minty.
27-383 BROWARD COUNTY CODE
(3) The license application filing fee is not refundable and may I
not be applied to any license application other than the one
for which it was originally paid.
(Ord. No. 90-49, § 1(27-12.27), 12-18-90; Ord. No. 93-1, § 11, 1-12-93)
Sec. 27-384. License fees. w
(a) Transfer Fee: Where an application is filed for a license to
operate any facility by reason of change of location or transfer
from one person to another, or both, and where a license has
previously been granted for the facility in accordance with this
article and no unlicensed modifications have been made to the
facility, the applicant shall pay only the appropriate filling fee.
(b) Hazardous Material Wellfield License Fee: Any proposed or
existing industry or other activity that stores, processes, manu-
factures or uses hazardous materials shall be assessed a construc-
tion or operation fee based on the quantity of hazardous materials
used annually.
License fee may be prorated to establish convenient expiration
dates.
These fees shall also apply to both licenses renewals and exten-
sion.
(c) Hazardous Material Wellf eld Closure Fee: A license fee shall
be aS sessed for a hazardous material facility spill closure. For a
closure license of the type in section 27-382(a)(1), the fee shall be
one -quarter of the operating license fey?.
'I'lln petroleum storage systems designated as qualified sites
undethe early detection incentive prog-rnin, section 376.3071(9),
1" lurid l SU�Mlt.c?s (1986), are exempt from the payment of this fee.
Id, spc'clul I'.xempt.Lon Foc: Any person reiiewing a special ex-
emption shall pay a fee, to defray die costs of- processing the
exom.:)trill 17c2c11_lest. All persons who ll:lv(.• obtalricd a special ex -
COI)[ I. III 0111-suallt, to section '17-:3�,80(k) sh:ll l ll,, required to comply
«'ltll Lilo 11ccilse condifJorls provided tllon!Ill.
V). IC2 112-18-90- ()rd. 93-1, § 12, 1-12-93)
:'. 1 (i(i I ((
I 4 r l• ;; • r ^
r
v
POLLUTION CONTROL Art. XIII, App. A
REGULATED SUBSTANCES
Amount
Required for
EPA
EPA-
Reportable
Toxic
Signal
Spill
Substance
Pollutant
Word
gallons pounds
Acenapthene
*
10 80
Acenapthylene
10 80
Acephate
Caution (III)
50 400
Acrolein
10 80
Acrylonitrile
10 80
Aldicarb
Danger (1)
10 80
Aldrin
*
Warning (II)
10 80
Allyl alcohol
Warning (II)
10 80
Aluminum phosphide
Danger (1)
10 80
Anthracene
*
10 80
Antimony
*
10 80
Arsenic
*
Danger (1)
10 80
Asbestos (fibrous)
10 80
Benzene
*
10 80
Benzidine
10 80
Benzo (a) anthracene
*
10 80
Benzo (b) pyrene
10 80
3, 4-Benzofluoranthene
10 80
Benzo (ghi) perylene
*
10 80
Benzo (k) fluoranthene
10 80
Berylium (total)
10 80
B14C-alpha
*
Warning (1I)
10 80
BHC-beta
10 80
BHC-delta
10 80
BHC (lindane) gamma
Warning (II)
10 80
bis (2-chloroethoxy) methane
10 80
bis (2-chloroethyl) ether
10 80
bis (2-chloroisopropyl) ether
10 fall
21 ()'(i_ 1 1
�231i1I:', e
POLLUTION CONTROL
§ 27-384
Amount
Required
for
EPA
EPA
Reportable
Toxic
Signal
Spill
Substance
Pollutant
Word
gallons pounds
bis (2-Ethylhexyl) phthalate
*
10
80
Bromoform
10
80
4•Bromophenyl phenyl ether
*
10
80
Butylbenzvl phthalate
10
80
Cadmium (total)
*
10
80
Carbaryl
Caution (III),
10
80
Poison
Carbofuran
Danger (I)
10
80
Carbon tetrachloride
50
400
Chlordane
*
Warning (I)
10
80
Chlordecone
Warning (II)
10
80
Chlorfenvinphos
Danger (I),
10
80
Poison
Chlorobenzene
10
80
p-Chloro-m•cresol
10
80
Chlorodibromomethane
10
80
Chloroethane
10
80
2-Chloroethylvinyl ether
"
10
80
Chloroform
*
50
400
2-Chloronapthalene
"
10
80
2-Chlorophenol
'
10
80
4-Chlorophenyl phenyl ether
10
80
Chloropicrin
Danger 1])
10
80
Chromium Itotab
10
80
Chromium-hexavalent)
10
80
Chrysene
10
80
Clonitralid
10
80
Copper 'excluding elemental
10
80
metal,
Cyanide total
10
80
Cy cIohexlmld
Dar;g:'r X'I�
10
80
-l.p
« irning (II:i
10
80
4 .DDD
Caution MI.,
10
80
4 •DDE
10
80
4 -DDT
`
Caution (II1)
10
80
Dernetor,
Danger (1)
10
80
Diazrnon
«;ir•ning (III
10
80
Dlbenzo a.h,anthracenc
10
80
2-Dibror-io-3-chloroprup;+n(�
Warning, III1
10
80
_' Dlch!nruh�tnzi n1
10
80
gip
27.384
DROWARD COUNTY CODE
Amount
Required for
EPA
EPA
Reportable
Toxic
Signal
Spill
Substance
Pollutant
Word
gallons pounds
1, 4-dichlorobenzene
10
80
3, 3'-Dichlorobenzidine
*
10
80
Dichlorobromomethane
"
10
80
1. I-Dichloroethane
10
80
1, 2-Dichloroethane
*
50
400
1, 1-Dichloroethylene
50
400
1, 2-cis-Dichloroethene
10
80
1, 2-Trans-Dichloroethylene
10
80
2, 4-Dichiorophenol
10
80
1, 2-Dichloropropane
10
80
1, 3-Dichloropropylene
Danger (I)
10
80
Dicrotophos
Danger (I),
Poison
Diedldrin -
Warning M)
10
80
Diethyl phthalate
10
80
2, 4-Dimethylphenol
10
80
Dimethyl phthalate
10
80
Di-n-butyl phthalate
10
80
4, 6-Dinitro-o-cresol
"
10
80
2, 4-Dinitrophenol
10
80
2, 4-Dinitrotoluene
10
80
2, 6-Dinitro totuene
*
10
80
Di-r.-octvl phthalate
10
80
l)IcXaLhion
Danger (I),
Poison
1. '--Diphenvlhvdrazine
10
80
Dl-Llfoton
Danger (I)
10
80
Endol;ulfan ialpha)
Danger (I)
10
80
Encosulf3n (beta)
most forms
10
80
are Warning
-ulfan Sulfate
(II)
10
80
.:nd::hall Gamine formulations)
Warning (11)
10
80
Danger (I)
10
80
drir- aldehyde
10
80
I-I'N
Danger (I)
10
80
�u
Danger (I)
10
80
r:th. benzene
10
80
50
400
io
80
C
I
POLLUTION CONTROL
§ 27-384
Amount
Required for
EPA
EPA
Reportable
Toxic
Signal
Spill
Substance
Pollutant
Word', .
gallo" pounds
Fenthion
Warning (II)
10
80
Fluoranthene
50
400
Fluorene
60
400
Fluoracetamide-1081
Danger (I)
10
80
Fonofos
Danger (1:)
10
80
Guthion
Danger (I)
10
80
Heptachlor
Warning (II)
10
80
Heptachlor epoxide
"
10
80
Hexachlorobenzene
10
80
Hexachlorobutadiene
"
10
80
Hexachlorocyclopentodiene
10
80
Hexachloroethane
10
80
Hydrocyanic Acid
10
80
Indeno (1. 2, 3-cd) pyrene
10
80
Isophorone
10
80
Isopropyl benzene
10
80
Lead (total)
10
80
Malathion
Caution (III)
10
80
Mercury (total)
10
80
Methamidophos
Danger (I),
10
80
Poison
Methidathion
Danger (1)
10
80
Methomyl
Danger (I)
10
80
Methoxychlor
Caution (I11)
10
80
Methyl bromide
Danger (1)
10
80
Methyl chloride
10
80
Methyl parathion
Danger (1)
10
80
Methylene chloride
10
80
titer inphos
Danger (1),
10
80
Poison
Mirex
Warning (II)
10
80
Monocrotophos
Danger (I),
10
80
Poison
Napthalene
50
400
ti ickel (exc. elem. metal)
10
80
ti icoune
Danger (I)
10
80
Nitrates
50
400
.`:itrnbenzenc
50
400
?-Nitrophenol
10
80
` 11rophenol
10
go
Z .3;z<s�s�•
27.384
13ROWARD COUNTY CODE
Amount
Required for
EPA
EPA
Reportable
Toxic
Signal
Spill
Substance
Pollutant
Word
gallons pounds
N-Nitrosodimethylamine
10
80
N-Nitrosodi-n-propyIamine
10
80
N-NitrosodiphenyIamine
10
80
Oxamyl
Danger (1)
10
80
Paraquat
Danger (1),
10
80
Poison
Parathion
Danger (1)
10
$0
PCB-1242
*
10
80
PCB-1254
*
*
10
10
80
80
PCB-1221
10
80
PCB-1232
10
80
PCB-1248
*
10
80
PCB-1260
*
10
80
PCB-1016
Pentachlorophenol
*
Danger (1)
10
80
Phenanthrene
10
60
80
400
Phenol
*
10
80
Phenols (total)
Danger (I),
10
80
Phorate
Poison
10
80
Phosacetim
Phasphamidon
Danger (I),
10
80
Poison
Phosphorous
Warning (II)
10
10
80
80
Picloram
10
80
Pvrene
10
80
Selenium (total)
*
10
80
Silver )exc. elem. metal)
Caution (III)
10
80
Si1veK
Socium fluoracetate
Danger (I)
10
80
Strychnine
(I)
10
80
St•• rene
50
400
S�:fctepp
Danger (I)
10
10
80
80
TEMP
Te-oufos
Danger (I),
10
80
Poison
1, :. 1, '? 1 ctrachlnr x tht�nct
10
60
10
10
80
rr.,i!iurn tot.!
r
POLLUTION CONTROL
Substance
Toluene
Toxaphene
1, 2, 4-Trichlorobenzene
1, 1, 1,-Trichloroethane
1, 1, 2-Trichloroethane
Trichloroethylene
2, 4, 6-Tirichlorophenol
Vinyl chloride
Xylene(s)
Zinc (exec. elem. metal)
Gasoline
Kerosene
Microbiological (including total
and fecal coliform)
Petroleum products which are
hazardous or toxic
Radionuclides
§ 27-401
Amount
Required for
EPA
EPA
Reportable
Toxic
Signal
Spill
Pollutant
Word
gallons pounds
*
50 400
*
Warning-411)
10 80
*
10 80
*
10 80
*
10 80
50 400
*
10 80
*
10 80
10 80
10 80
(contains ")
10 80
(contains *)
10 $0
Secs. 27.385-27-400. Reserved.
10 80
ARTICLE XIV. MANAGEMENT OF STORM WATER
DISCHARGES AND NON -POINT -SOURCE WATER
POLLUTION
*Yfs;k1.
Sec. 27-401. Declaration of intent.
,
The board finds and declares in order to protect the soils and
waters of Broward County that it is necessary to provide for the
management of water and related land resources; to promote the
conservation, development and proper utilization of surface water
and groundwater; to ensure water storage for beneficial purposes;
to prevent damage from floods, soil erosion and excessive drainage;
to prevent the degradation of the county's drinking water supply
from waterborne non -point -source and other sources of pollution
and salt water intrusion, to maintain the continued vitality of
natural habitats for the propagation and protection of wildlife,
rr ro T N
MIIf
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�+� F �
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