HomeMy WebLinkAboutOrdinance No. 19-1994ORDINANCE NO. 19 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, CREATING ARTICLE V, HAZARDOUS MATERIAL
AND SUBSTANCES, OF CHAPTER 38 OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS;
PROVIDING FOR CLEAN -UP AND ABATEMENT OF THE EFFECTS OF
DISCHARGES OF HAZARDOUS SUBSTANCES; PROVIDING FOR COST
RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Article V, Hazardous Materials and Substances,
is hereby created to read as follows:
ARTICLE V.
HAZARDOUS MATERIALS AND SUBSTANCES
Sec. 38 -90 Definitions.
For purposes of this Article, the following words, terms,
and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
(a) "Costs" shall mean those necessary and reasonable
costs incurred by the city in connection with investigating,
mitigating, minimizing, removing or abating discharges of
hazardous substances, including, but not limited to, the
actual labor costs of city personnel or authorized agents,
cost of equipment operation and rental, cost of expendable
items, including, but not limited to, fire fighting foam,
chemical extinguishing agents, absorbent material, sand,
recovery drums, goggles and protective clothing (both
structural and chemical protective, disposable or standard
use). Costs shall further include overhead costs and indirect
expense allocable to the foregoing costs.
(b) "Discharge" shall mean any intentional or
unintentional action or omission resulting in the releasing,
spilling, pumping, pouring, emitting, emptying or dumping of
a hazardous substance upon public or private property located
within the corporate limits of the city.
(c) "Hazardous substance" shall mean any substance or
material in a quantity or form, which, in the determination of
the fire chief or his authorized designee, poses an
unreasonable and eminent risk to the life, health, safety or
welfare of persons or property within the city and shall
include, but not be limited to, any hazardous substance listed
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Ordinance No. 19 -94
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in the National Fire Protection Association Guide on Hazardous
Materials or the U.S. Environmental Protection Agency's lists
of extremely hazardous substances or the "Florida Substance
List" promulgated by the State of Florida Department of Labor
and Employment Security.
Sec. 38 -91. Clean up and abatement.
(a) The fire department is hereby authorized to take
such steps as are necessary to clean up, remove or abate the
effects of any hazardous substances discharged upon or into
public or private property or facilities located within the
corporate limits of the city.
(b) Any person who, without legal justification,
discharges, participates or assists in the discharge or
authorizes the discharge of any hazardous substance that
requires clean -up, removal or abatement by the fire department
or its contractors shall be liable to the city for the costs
incurred by the city in the clean -up, removal or abatement of
any such discharge. In the event that more than one (1)
person has made a discharge, participated in the discharge or
authorized the discharge of a hazardous substance, each such
person shall be jointly and severally liable for costs
incurred in the clean -up, removal or abatement of such
discharge.
(c) The fire department shall keep a detailed record of
any costs incurred in the clean -up, removal or abatement of
discharge of any hazardous substance.
(d) The intrusion into a canal, pond, lake or other
waterway by an automotive vehicle shall constitute a discharge
of hazardous substance described in section 38 -90 due to the
release of hydrocarbon materials. In the event of such
intrusion, the fire department shall deploy its dive rescue
team to assist in the vehicle's removal in order to reduce
environmental damage. A fee of $100.00 shall be included as
costs assessed against the person responsible for such
discharge.
Sec. 38 -93. Cost recovery; penalties; other remedies.
(a) Any person responsible for discharging,
participating or assisting in the discharge or authorizing the
discharge of a hazardous substance shall reimburse the city
for the full amount of all costs associated with the clean -up,
removal or abatement of any such discharge within a period of
thirty (30) days after receipt of an itemized bill for such
costs from the city.
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(b) The remedy provided for in this section shall be
supplemental and in addition to all other available remedies
at law and equity.
(c) Funds recovered pursuant to this section shall be
allocated to the city departments which incurred costs in the
clean -up, removal or abatement of the discharge of a hazardous
substance. It is the intent of this article that levels of
response equipment and inventories and city funds be
replenished to levels which existed prior to the city's
response to a discharge of hazardous substances.
SECTION 2. Severability. If any section, paragraph,
phrase, or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions. Any ordinance, or
parts of an ordinance, in conflict herewith are repealed.
SECTION 4.
Effective Date. This ordinance shall take
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 21st day of June , 1994.
ATTEST:
alamone, MAYOR
r FL AMIN W11111117
M111111IU
6/7/94
Se 6/8/94
rF-- dvcrtised: 6/10/94
2=tond Reathng:•6 /21/94