§ 27-354. Exemptions.

The following general exemptions shall apply to this Article:

(a)

An EPGMD hazardous material management facility license shall not be required for any aboveground storage tank system (AST) or underground storage tank system (UST), including all integral piping and vapor recovery components, which has a capacity greater than one hundred ten (110) gallons, and which is required to be licensed according to the provisions of Article X of this Chapter. This provision does not exempt facilities which also utilize other hazardous materials from the requirement of obtaining a hazardous material management facility license.

(b)

Dry fertilizers are exempt from the licensing provisions of this Article when properly stored for use on the same property.

(c)

Hazardous material facilities which fall under the definition of "terminal facility" as defined in the most current version of Section 376.031, Florida Statutes (F.S.), as amended, are exempt from this Article. However, such facilities are exempt only to the extent that local governments are precluded from regulating such facilities under Section 376.19, F.S., as amended. The exemption applies only to the licensing of "pollutants" as defined in Section 376.031, F.S., as amended.

(d)

Hazardous material, when contained solely in consumer products packaged for distribution to and use by the general public, is exempt from the provisions of this Article. This exemption also applies to commercial products used for janitorial and maintenance purposes. However, this exemption does not excuse any person from responsibility to ensure the proper use, handling, storage, and disposal of said products to prevent release to the environment.

(e)

Dielectric insulating fluids, which are solely used internally in electrical equipment, and batteries which are solely used to provide an uninterrupted power source at electrical substations that are owned or operated by an electric public or private utility regulated by the Florida Public Service Commission, shall not be considered hazardous materials as long as the dielectric insulating fluids remain within the internal components of the electric equipment and the batteries remain in a secured building that meets the requirements for secondary containment as defined in this Article. These fluids, when contained in the electrical equipment, and batteries, when contained in a secured building meeting the requirements of secondary containment as defined in this Article, are also exempt from the licensing provisions for a hazardous material management facility as specified in this Article. However, such use is regulated under a special license which will be issued by EPGMD under the provisions of Subsection 27-356(e) of this Article. The battery exemption does not apply to facilities located in wellfield zones of influence 1 or 2, as described in Article XIII of this Chapter.

(f)

Public used oil collection activities for recycling purposes are exempt from the licensing requirements of this Article. This exemption applies only to the extent that the handling and storage of the used oil by the owner/operator are conducted in full conformance with the provisions of this Article. Failure on the part of any owner/operator to conform with the handling and storage provisions of this Article and provisions of Article XVII, Waste Transporters, shall nullify this exemption and subject the activities to licensing under Subsection 27-356(b) of this Article. This exemption does not apply to used oil collection activities located in wellfield zones of influence as defined in Article XIII of this Chapter.

(g)

A residential unit that is used for noncommercial purposes and which has less than four (4) live-in units is exempt from the provisions of this Article for the on-site storage and use of hazardous material, where such use is for noncommercial purposes only. This exemption does not preclude residential property owners from responsibility for licensing and cleanup where it has been determined by EPGMD that a release of hazardous material has occurred on their property.

(h)

Number 6 fuel oil and petroleum products with a viscosity greater than thirty (30) centistokes are exempt from the licensing provisions of Subsection 27-356(d) of this Article. However, in the event of a release, the responsible party is liable for the remediation and proper disposal of the contaminants. Failure to initiate and complete these activities in a timely manner as determined by EPGMD shall nullify this exemption and subject the responsible party to enforcement action and licensing under the provisions of Subsection 27-356(d) of this Article.

(i)

A release for which an assessment and remediation is funded by the DEP petroleum cleanup program or the DEP dry-cleaning solvent cleanup program is exempt from the licensing provisions of Subsection 27-356(d) of this Article, as amended. In addition, releases for which EPA is the lead agency and has initiated a corrective action under the provisions of the Resource Conservation and Recovery Act or is conducting the remediation under the provisions of 40 C.F.R. Part 300 are also exempt from the licensing provisions of Subsection 27-356(d) of this Article, as amended.

(j)

Hazardous material transfer facilities which solely provide transfer of biomedical waste and discarded residential hazardous material, free of cost, are exempt from the licensing provisions of this Article.

(k)

The handling, storage, and use of hazardous material at construction sites are exempt from licensing provisions specified in Subsection 27-356(b), provided that the hazardous materials are on-site for a maximum of one hundred eighty (180) days and that the quantity is less than or equal to five hundred (500) gallons. This exemption applies only to the extent that the handling, storage, and usage of the hazardous material by the owner/operator are conducted in full conformance with the provisions of this Article. Failure on the part of any owner/operator to conform with the handling, storage, and usage provisions of this Article shall nullify this exemption and subject the construction site to licensing under Subsection 27-356(b) of this Article. This exemption does not apply to construction sites located in wellfield zones of influence as defined in Article XIII of this Chapter.

(l)

The use of any petroleum products solely as fuel in a vehicle fuel tank or as lubricant in a vehicle shall be exempt from the provisions of this Article, provided that the vehicle remains in active use and that the petroleum products are not released to the environment.

(m)

Activities and operations involving pesticides used pursuant to labeling and registration requirements contained in Chapter 487, F.S., are exempt from provisions of this ordinance except in the areas set forth in Sections 482.242 and 487.051, F.S., as amended. A responsible party is liable for any accidental discharge of pesticides which results in injury or death to any animal, plant, or aquatic life, and shall be fully liable for the cost of any remediation pursuant to Subsection 482.242(1)(f), F.S., as amended. The cost of remediation includes but is not limited to the cost of site cleanup, habitat restoration, and/or recovery of damages for animal, plant, or aquatic life injuries. The remediation provisions of this Section shall not apply to injuries resulting from the application of federally approved or state approved chemicals to waters in the county for the control of insects, aquatic weeds, or algae, provided the application of such chemicals is done in accordance with a program approved pursuant to Subsection 403.088(1), F.S., as amended, and provided said application is not done negligently.

(n)

Mobile tanks, as defined in this Article, are exempt from the licensing provisions of this Article.

(o)

Telecommunication facilities at which the hazardous material inventory consists solely of impermeable, sealed, Department of Transportation (DOT) rated non-spillable, gel electrolyte, valve regulated lead acid (VRLA) batteries are exempt from the hazardous material management facility license provisions of this Article. However, these facilities are regulated under a special license to be issued by EPGMD under the provisions of Subsection 27-356(e)(2) of this Article. Failure on the part of any telecommunication utility to comply with the special license requirements described in Subsection 27-356(e)(2) of this Article shall nullify this exemption and subject its facilities to licensing under Subsection 27-356(b) of this Article. This exemption does not apply to facilities located in wellfield zones of influence 1 or 2, as described in Article XIII of this Chapter.

(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)