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 Broward County
 Code of Ordinances
 Chapter 27. POLLUTION CONTROL
 Article XII. HAZARDOUS MATERIAL

  § 27-353. Prohibitions.  

Latest version.

  • The following general prohibitions shall apply to this Article:

    (a)

    The unlawful or unauthorized abandonment, release, discharge, or disposal of hazardous material is prohibited.

    (b)

    No construction or other intrusive activities shall be initiated, proceeded, or continued at any site, location, or property where it is known or discovered that such site, location, or property overlies or contains contaminants unless it can be demonstrated that the construction or other intrusive activities will not result in the enhancement or spread of the contaminants and will not prevent or preclude future assessment and/or cleanup of the contaminants on the site and until the applicant obtains prior approval to construct from EPGMD, unless the work is part of a source removal as defined in this Article.

    (c)

    Flammable liquids shall be stored in full accordance with the most current version of the National Fire Protection Association Code (NFPA).

    (d)

    Storage, handling, usage, or production of any hazardous material shall be prohibited within a wellfield zone, unless licensed by EPGMD and generated, stored, handled, used, processed, or manufactured in accordance with the provisions of Article XIII of this Chapter.

    (e)

    No remedial actions, with the exception of source removal as defined in this Article, shall be initiated at a contaminated site until a remedial action plan (RAP) has been approved by EPGMD or by the Florida Department of Environmental Protection (DEP). This prohibition does not apply in cases where the United States Environmental Protection Agency (EPA) is the lead agency and has initiated or approved a corrective action under the provisions of the Resource Conservation and Recovery Act or a remedial action under the provisions of 40 C.F.R. Part 300, as amended.

    (f)

    There shall be no hazardous waste disposal sites licensed or permitted in Broward County.

    (g)

    No person shall cause, permit, suffer, or allow the usage, storage, abandonment, or disposal of hazardous material:

    (1)

    In a manner which violates a provision of any applicable federal, state, or local government regulation; or

    (2)

    In a manner which causes, or may cause, an unauthorized release, discharge, or disposal of hazardous material.

    (h)

    Pumping of groundwater as a remedial action at or within a one-quarter-mile radius of a contaminated site shall not be conducted without EPGMD approval.

    (i)

    Dewatering operations at or within a one-quarter-mile radius of a contaminated site shall not be conducted without EPGMD approval.

(Ord. No. 1999-52, § 1, 9-28-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2008-09, § 1, 2-26-08; Ord. No. 2009-56, § 1, 8-25-09)