1991-21 Providing for Recovery of Costs for Hazardous Waste Cleanup - Relating to Fire Prevention' ORDINANCE N0. 21-91
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR
RECOVERY OF COSTS FOR HAZARDOUS WASTE CLEANUP; PROVIDING
DEFINITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach finds and declares
that "hazardous substances"', as defined herein, discharged upon
or into property or facilities located within the corporate
limits of the Village of North Palm Beach pose a great risk to
the health and safety of the general public; and
WHEREAS, the Village of North Palm Beach has determined
' that the prompt cleanup, abatement and removal of hazardous
substances is vital to the protection of the health and safety
of the citizens of the Village of North Palm Beach;
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Hazardous Substances; Recovery of Costs.
(1) For the purpose of this section, the following
words and phrases shall have the meaning given herein:
(a) "Costs" means those necessary and reasonable
costs incurred by the Village in connection with investigating,
mitigating, minimizing, removing or abating discharges of hazardous
substances, including, but not limited to, the following:
' Actual labor costs of Village personnel and its authorized agents,
including, but not limited to, the County of Palm Beach and its
respective departments, costs 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, acid suits, acid gloves, goggles and
protective clothing.
(b) "Discharge" means any intentional or unintentional
action or omission resulting in the releasing, spilling, pump-
ing, pouring, emitting, emptying or dumping of a hazardous
sabstance upon public or private property located within the
corporate limits of the Village of North Palm Beach.
(c) "Hazardous substances" means any substances or
materials in a quantity or form, which in the determination of
the Public Safety Department or its agents, poses an unreasonable
and imminent risk to the life, health, safety or welfare of
persons or property within the Village of North Palm Beach, and
shall include, but not be limited to, those substances listed
in the "N.F.P.A. Guide on Hazardous Materials" or the EPA's list
of extremely hazardous substances, or the "Florida Substance List"
promulgated by the Department of Labor and Employment Security.
(d) "Person" means one or more individuals, partner-
ships, corporations, joint ventures, associations or any other
entities, or any combination thereof.
(2) The Public Safety Department is hereby authorized to take
such steps as necessary to clean up, remove or abate the
effects of any hazardous substances discharged upon or into public
or private property, or facilities within the corporate limits
of the Village.
-2-
' (3) Any person or persons responsible for causing or
allowing an unauthorized discharge of hazardous substances,
which requires action by the Public Safety Department of the
Village of North Palm Beach or its authorized agents in order
to protect the public health, safety or welfare, shall reimburse
the Village of North Palm Beach for. the full amount of all costs,
as defined herein, associated with the investigating, mitigating,
minimizing, removing and abating any such discharge. Reimbursement
shall be made within thirty (30) days after receipt of an itemized
bill for such costs from the Village of North Palm Beach.
(4) When responding to the emergency caused by the
unauthorized discharge of hazardous substances, the Public Safety
' Department of the Village of North Palm Beach ob its authorized
agents shall keep a detailed record of the cost attributable
thereto.
(5) The authority to recover costs under this section
shall not include costs incurred for actual fire suppression
services which are normally or usually provided by the Village's
Public Safety Department or its authorized agents.
(6) Any person or persons responsible for causing or
allowing an unauthorized discharge of hazardous substances, and
who fails to reimburse the Village of North Palm Beach within the
time set forth herein, shall be subject to a late fee in the amount
of ten percent (10%) of the total amount of the bill for each
' additional day that the bill for such costs remains unpaid.
(7) The remedy provided for in this section shall be
supplemental to and in addition to all other available remedies
at law and equity.
-3-
' Section 2. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall take effect immediately
upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF Mav 1991.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF
May
1991.
1
(Village Seal)
ATTEST:
J
-k-