§ 27-382. Exemptions.
(a)
The following facilities are exempt from the prohibition of storing, handling, and using regulated substances in Zone 1, provided all requirements of Section 27-381 are followed and the facility obtains and maintains a hazardous material wellfield license and abides by the conditions of that license:
(1)
Public and private water treatment plants and wastewater treatment plants; and
(2)
Sites undergoing construction, renovation, and demolition activities. The exemption for construction, renovation, and demolition activities does not include the storage, handling, and use of fuels.
(b)
The following activities are exempt from Subsections 27-381(a)(1), 27-381(b), and 27-381(c)(2), provided all other requirements of Section 27-381 are met:
(1)
The storage, handling, use, or production of regulated substances located solely within a wellfield protection area adjacent to an existing water well that produces potable water solely from a confined aquifer, when the existing water well has been constructed in accordance with South Florida Water Management District regulations;
(2)
The storage, handling, use, or production of any chemical compound containing a regulated substance where it can be demonstrated that the compound is insoluble in water;
(3)
The storage of regulated substances contained within a vehicle (motor vehicle, aircraft, water craft, and vehicles used to load and unload cargo), machinery, lawn mowers, and pressure washers as long as the vehicle and equipment remain operational and the regulated substances are contained;
(4)
The storage of surface coatings contained within their original aerosol cans; and
(5)
The handling and use of pesticides, herbicides, and fungicides, when the regulated substances are used according to the manufacturer's instructions, including the quantity and frequency of application; the chemicals are applied by a licensed applicator and the applicator follows the requirements of EPA registries and the requirements as set forth in Chapters 482 and 487, Florida Statutes, and Chapters 5E-2 and 5E-9, Florida Administrative Code; the owner/operator of a hazardous material wellfield facility maintains records of the date, frequency, amount, and type of chemical applied for a minimum of five (5) years; and the owner/operator of a hazardous material wellfield facility provides written notice to the applicators that they are working in a wellfield protection area. This exemption does not apply to the storage of pesticides, herbicides, and fungicides or the use, handling, or storage of any chemicals containing arsenic;
(6)
The handling and use of nitrate and phosphate fertilizers, when:
a.
The regulated substances are used according to the manufacturer's instructions, including the quantity and frequency of application;
b.
The owner/operator maintains records of the date, frequency, amount, and type of chemical applied; and
c.
The owner/operator of a hazardous material wellfield facility provides written notice to the applicators that they are working in a wellfield protection area;
(7)
The storage, handling, and use of retail goods containing regulated substances, when they are stored in their original consumer packages and when each individual package does not exceed five (5) gallons or ten (10) pounds;
(8)
The storage, handling, and use of janitorial supplies, when the supplies are kept on site and are used solely for maintenance, are stored in their original containers, and each individual package does not exceed five (5) gallons or ten (10) pounds;
(9)
The storage, handling, and use of regulated substances at a residential unit, as defined in Section 27-376, by the owner or resident consistent with the manufacturer's recommended uses or the packaging usage instructions;
(10)
The storage, handling, and use of regulated substances, the sole purpose of which is for internal use in electrical equipment owned or operated by a public or private electric utility regulated by the Florida Public Service Commission, if the fluids are stored, handled, and used in conjunction with the replacement of electrical equipment. The storage, handling, and use of these fluids is regulated under a special license issued by PPRAQD under the provisions of Article XII, Subsection 27-356(e) of the Code;
(11)
The handling and use of regulated substances when used for paving road surfaces;
(12)
The storage, handling, and use of regulated substances in portable emergency equipment, including tanks used exclusively to ensure a continuous emergency supply of potable water, electrical power, sewer service, telephone service, or other essential services, subject to the following conditions:
a.
When the portable emergency equipment is not being used, it shall be:
1.
Fueled outside Zones 1 and 2 in a secure fueling area;
2.
Checked for leaks, repaired if any leaks are discovered, and a written record of inspections and repair shall be maintained at the facility;
3.
Checked for leaks daily if outside of secondary containment, and monthly if in secondary containment; and
4.
Stored and secured to prevent damage to the equipment from hurricane force winds and flooding.
b.
When the portable emergency equipment is being used, it shall be:
1.
Fueled in such a manner as to prevent a release into the environment;
2.
Removed from the location where it was used as soon as regular power service has been restored and the emergency event has passed;
3.
Checked for leaks, repaired if any leaks are discovered, and a written record of inspections and repair shall be maintained at the facility;
4.
Checked for leaks daily if outside of secondary containment, and monthly if in secondary containment; and
5.
Provided spill control equipment and the capability to provide an emergency response to any release of regulated substances at the temporary location;
(13)
Pasture and grazing land uses when the land has a low intensity use which includes no barns, feedlots, or holding pens and when the animal population is fewer than fifty (50) animals;
(14)
Elemental lead (Pb) contained solely within batteries;
(15)
Mercury-containing lamps and mercury-containing devices; and
(16)
Rechargeable batteries.
(Ord. No. 2013-23, § 1, 6-11-13)