§ 27-304. Exemptions.

No license under this article shall be required for the following activities or facilities provided that no sanitary nuisance or any condition adversely affecting the environment or public health is created, and provided that the activity does not violate any applicable provisions of this code, federal, state, or local government regulation.

(a)

Aboveground storage tank systems with storage capacities of five hundred fifty (550) gallons or less that contain hazardous material. Aboveground storage tank systems with capacities of one hundred ten (110) gallons or less that contain mineral acids or hazardous substances. However, such facilities shall comply with the notification and spill cleanup requirements of article XII, section 27-355, Broward County Code.

(b)

Underground storage tank systems with storage capacities of one hundred ten (110) gallons or less that contain hazardous material. However, such facilities shall comply with notification and spill cleanup requirements of article XII, section 27-355, Broward County Code.

(c)

Any pesticide waste degradation system regulated under the most current version of Chapter 62-660, F.A.C.;

(d)

Any septic tank system;

(e)

Any pipeline facilities;

(f)

Any surface impoundment, pit, pond, or lagoon;

(g)

Equipment or machinery that contain hazardous material for operational purposes such as hydraulic lift or fluid tank systems and electrical equipment tank systems;

(h)

Electrical transformers and transformer vaults used as storage tank facilities including capacitors, oil switches, reclosures, oil circuit breakers, regulators and pipe cable. However, licensure of such equipment is required pursuant to article XII, section 27-356(f), "Special Licenses."

(i)

Any storage tank system that contains small quantities (de minimis, as per 40 C.F.R. section 280.10(b)(5)) of hazardous material;

(j)

Any emergency spill or emergency overflow containment storage tank system that is emptied as soon as possible after use and that routinely remains empty;

(k)

Any flow-through process tank system. For industrial and manufacturing facilities, integral piping is considered to terminate at the forwarding pump or valve used to transfer hazardous materials to process, production, or manufacturing points of use or systems within the facility;

(l)

Any storage tank system, liquid trap or associated gathering lines directly related to oil or gas production and gathering operations regulated by Chapter 377, F.S.;

(m)

Any storage tank system containing radionuclides or that is part of an emergency generator system for nuclear power generation at facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A;

(n)

Any residential storage tank system;

(o)

Storage tank facilities which fall under the definition of "terminal facility" as defined in § 376.031, F.S. However, such facilities are exempt only to the extent that local governments are precluded from regulating such facilities under § 376.19, F.S. The exemption applies only to terminal facilities that contain "pollutants" as defined in Chapter 376, F.S.;

(p)

Any storage tank containing liquefied petroleum (LP) gas;

(q)

Any mobile tank;

(r)

Any tank which contains asphalt or asphalt products not containing other hazardous material;

(s)

Any storage tank system storing hazardous materials that are solid or gaseous at standard temperature and pressure;

(t)

Any storage tank system regulated under the Toxic Substances Control Act, 15 U.S.C. § 2065;

(u)

Storage tank systems used solely for temporary storage of mixtures of pesticides and diluent for reapplication as pesticides;

(v)

Public used oil collection activities; however, registration of such activities is required pursuant to article XII, section 27-356, Broward County Code;

(w)

Any wastewater treatment tank system that is part of a wastewater treatment and disposal facility regulated under section 402 or 307(b) of the Clean Water Act;

(x)

Any agricultural storage tank system with a storage capacity of five hundred fifty (550) gallons or less;

(y)

Any storage tank system storing any hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other hazardous materials;

(z)

The following aboveground storage tank systems:

(1)

Drip irrigation systems which:

a.

Are not in contact with the soil;

b.

Are constructed of corrosion resistant materials;

c.

Are compatible with the products stored;

d.

Contain less than eighty (80) percent concentration of fertilizer materials by volume; and

e.

Are applied on site.

(2)

Systems used exclusively for the storage of aqueous solutions of sodium hypochlorite;

(3)

Any AST system located entirely within an industrial occupancy building.

(4)

Any AST system located entirely within an enclosed building or vault with an adequate roof and walls to prevent rainwater from reaching the system, and with an impervious floor containing no valves, drains, or other openings that would permit hazardous material to be discharged from the system that were constructed before July 13, 1998;

(5)

Any mobile double-wall tank, regardless of how long it is located at a facility, that is connected with a power module system that is used for the emergency or supplemental generation of electrical power by an electric utility as defined in Chapter 366, F.S. This exemption is limited to tanks that are designed and constructed to be moved to other service locations, and the relocation within a facility or from site to site is inherent in its use.

(6)

Any stormwater or wastewater collection system.

(Ord. No. 1999-46, § 1, 8-31-99; Ord. No. 2013-16, § 3, 2-26-13)