environmental protection, biscayne bay … protection, biscayne bay and environs designated ......

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Chapter 24

ENVIRONMENTAL PROTECTION, BISCAYNE BAY AND ENVIRONS DESIGNATEDAQUATIC PARK AND CONSERVATION AREA, THE BISCAYNE BAY ENVIRONMENTAL

ENHANCEMENT TRUST FUND, AND THE ENVIRONMENTALLY ENDANGERED LANDSPROGRAM*

Art. I. In General, §§ 24-1—24-40Div. 1. General Provisions, §§ 24-1—24-24Div. 2. State and Federal Adoptions, §§ 24-25, 24-26Div. 3. Enforcement, §§ 24-27—24-31Div. 4. Trusts and Fees, §§ 24-32—24-40

Art. II. Air Quality, §§ 24-41—24-41.16Art. III. Water and Soil Quality, §§ 24-42—24-47

Div. 1. Water Quality, Wastewater and Sanitary Sewer Pretreat-ment Standards, §§ 24-42—24-42.7

Div. 2. Wellfield Protection, Domestic Well Systems and PotableWater Standards, §§ 24-43—24-43.3

Div. 3. Contaminated Site Cleanups, §§ 24-44—24-44.2Div. 4. Regulation of Underground Storage Facilities, Liquid

Waste Transporters, and Metal Recycling Facilities, §§ 24-45—24-47

Art. IV. Natural and Biological Environmental Resources Permit-ting and Protection; Regulation of Drainage Systems andStormwater Management, §§ 24-48—24-50.13Div. 1. Work in Canal Rights-Of Way, Tidal Waters, Submerged

Bay-Bottom Lands, and Wetlands; Dewatering; Construc-tion of Drainage Systems, §§ 24-48—24-48.25

Div. 2. Tree Preservation and Protection, §§ 24-49—24-49.9Div. 3. Environmentally Endangered Lands Program, §§ 24-50—

24-50.13Art. V. Stormwater Utility, §§ 24-51—24-51.5

*Editor’s note—Ord. No. 04-214, §§ 1, 5, repealed chapter 24 in its entirety and replaced it with a new chapter 24 consistingof similar material. Ordinances from which former chapter 24 was derived may be found in the Code Comparative Table at the endof Volume 3 of this Code.

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ARTICLE I. IN GENERAL

DIVISION 1. GENERAL PROVISIONS

Sec. 24-1. Short title.

This chapter enacted under and pursuant tothe provisions of the Home Rule Charter of Gov-ernment for Miami-Dade County, Florida, shall beknown and may be cited as the "Miami-DadeCounty Environmental Protection Ordinance."(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-2. Declaration of legislative intent.

The Board finds and determines that the rea-sonable control and regulation of activities whichare causing or may cause pollution or contamina-tion of air, water, soil and property is required forthe protection and preservation of the publichealth, safety and welfare. It is the intent andpurpose of this chapter to provide and maintainfor the citizens and visitors of Miami-Dade Countystandards which will insure the purity of allwaters consistent with public health and publicenjoyment thereof, the propagation and protec-tion of wildlife, birds, game, fish and other aquaticlife, and atmospheric purity and freedom of theair from contaminants of synergistic agents inju-rious to human, plant or animal life, or property,or which unreasonably interfere with the comfort-able enjoyment of life or property, or the conductof business. The Board finds it necessary to estab-lish, within the unincorporated and incorporatedareas of Miami-Dade County, Countywide watercontrol, coastal engineering, and coastal wetlandsmanagement programs for the purpose of main-taining adequate water levels, flood control, drain-age, water conservation, and prevention of salt-water intrusion; for preserving beaches andshorelines; for managing coastal wetland re-sources; for acquisition of lands by gift, donation,purchase, condemnation or otherwise, as neces-sary for such programs; and providing for cooper-ation with federal, State and local agencies andauthorities.

The Board further finds it necessary to main-tain within Miami-Dade County a freshwaterwetlands management program for the purposesof providing adequate water levels, flood control,

water conservation, protection of water qualityand recharge to the Biscayne Aquifer, and preven-tion of saltwater intrusion; for the maintenance ofthe biological integrity of freshwater wetlands inMiami-Dade County; for the protection of theinterrelated natural functions between Miami-Dade County's wetlands and the natural systemsin Everglades National Park; for managing fresh-water wetland resources in accordance with envi-ronmental standards and management criteria asrecommended by the Miami-Dade County Com-prehensive Development Master Plan and Chap-ter 33B of the Code of Miami-Dade County, Flor-ida, as amended from time to time; and providingfor cooperation with federal, State, and localagencies and authorities.

The Board finds it necessary to establish forMiami-Dade County a Tree and Forest ResourcesProgram for the purpose of protecting, preservingand replacing tree canopy, preserving naturalforest communities including associated understory,providing protection for specimen-size trees andenvironmentally-sensitive tree resources, conserv-ing rare, endangered, threatened and endemicspecies, protecting historically-significant tree re-sources, promoting the preservation of subtropi-cal vegetation and unique or unusual species,providing for wildlife habitat, maintaining thenatural character of neighborhoods, preservingthe natural diversity of species, promoting envi-ronmentally-sound aesthetics, and providing forimproved environmental quality by recognizingthe numerous beneficial effects of trees (includingimprovements to air quality, maintenance of landareas essential to surface water management andaquifer recharge, reduction of heat and noisepollution, water and energy conservation andprovision of shade and physical and psychologicalbenefits to the people of Miami-Dade County byenhancing urban development). This program shallbe a minimum standard and shall apply to boththe incorporated and unincorporated areas, andin the unincorporated areas shall be enforced bythe Department of Environmental Resources Man-agement, and in the incorporated areas shall beenforced by the municipalities, unless the Countyis notified by a municipality, in the form of a letterfrom an official of the municipality or by resolu-tion, that the municipality desires the County to

§ 24-2ENVIRONMENTAL PROTECTION, ETC.

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enforce the Miami-Dade County Tree and ForestProgram within the municipality. Any municipal-ity may establish and enforce its own ordinanceprovided such ordinance is equivalent to or morestringent than the provisions of Ordinance Num-ber 89-8.

The provisions of this chapter are not intendedand shall not be construed as superseding orconflicting with any statutory provisions relatingto, or rules and regulations promulgated by, theFlorida State Department of Environmental Pro-tection, but shall be construed as implementingand assisting the enforcement thereof. It is notthe intent of this Board to hereby preempt theauthority of any municipality in the exercise of itsauthority to issue coastal construction permits orto restrict it from adopting more stringent stan-dards, the purpose of this chapter being to estab-lish minimum standards for the issuance of coastalconstruction permits within all of Miami-DadeCounty.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-3. Rules and regulations.

The Board of County Commissioners shall adopt,revise, and amend from time to time appropriaterules and regulations reasonably necessary forthe implementation and effective enforcement,administration and interpretation of the provi-sions of this chapter, and to provide for theeffective and continuing control and regulation ofair and water pollution in this County within theframework of this chapter. No such rules andregulations, including amendments thereto, shallbe adopted or become effective until after a publichearing has been held by the Board of CountyCommissioners pursuant to notice published atleast ten (10) days prior to the hearing. Whenadopted by the Board of County Commissionersand filed with the clerk, such rules and regula-tions shall have force and effect of law.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-4. Application of chapter and time

for compliance.

(1) New facilities. On and after the effectivedate of this chapter, any person installing, con-structing, or placing in operation for the first time

any facility, equipment or process, the use ofwhich will or may cause, or reasonably tend tocause, any air or water pollution as defined andcontrolled by this chapter, or who shall undertakethe alterations, reconstruction or extension ofexisting facilities, equipment or processes in sucha substantial manner as to materially increasethe level or amount of air or water pollution, shallbe subject to and required to comply with all theprovisions of this chapter.

(2) Existing facilities. All facilities, equipment,plants and projects that are in actual use andoperation on the effective date of this chaptershall have until and including January 1, 1968, tofully comply with and conform to the require-ments of this chapter, provided that all existingfacilities shall comply with, and shall not commitviolations of, the following provisions of this chap-ter after January 1, 1964, namely: Section 24-5(Nuisance); Section 24-42 (Toxic waste discharges);Section 24-41 (Black smoke emissions); Section24-41.4 (Open burning); and Section 24-41.9 (Re-duction of animal matter).

(3) Intent. It is intended that the provisions ofthis chapter shall be applicable to all new facili-ties and to any major or substantial addition,enlargement or extension of existing facilities;that existing facilities shall have until January 1,1965, to comply with the specific sections of thischapter enumerated in subsection (2) hereinabove;and that existing facilities shall have until Janu-ary 1, 1968, to comply with all other sections orprovisions of this chapter (except those specifi-cally designated in subsection (2) hereof), subjectonly to variances or extensions of time for compli-ance granted pursuant to the provisions of thischapter.

(4) Replacements. The replacement with iden-tical or similar parts and minor changes that donot affect the character of the waste discharge oremission of air contaminants, or do not materiallyincrease the existing amount of air or waterpollution, shall not be considered as constitutingthe alteration, reconstruction or extension of anexisting facility, but shall be considered as consti-tuting an existing facility, for the purpose of thischapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

§ 24-2 MIAMI-DADE COUNTY CODE

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Sec. 24-5. Definitions.

In construing the provisions of this chapter,where the context will permit and no definition isprovided herein, the definitions provided in Chap-ter 403, Florida Statutes, as may be amendedfrom time to time, and in rules and regulationspromulgated thereunder, as may be amendedfrom time to time, shall apply. The followingwords and phrases when used in this chaptershall have the meanings ascribed to them in thissection:

1990 Urban Development Boundary shall meanthe line established by the Miami-Dade CountyBoard of County Commissioners on July 8, 1983by Ordinance 83-58 delineating the approved ur-ban development boundary for Miami-Dade County,as amended by ordinance from time to time.

Abandonment in place of an underground stor-

age facility shall mean:

(1) Installation and sampling of the monitor-ing wells and soil borings required for theTCAR, and

(2) Emptying, inerting and cleaning the inte-rior of the underground storage facility,and

(3) Filling the underground storage facilitywith a non-shrinking, inert and solid ma-terial approved by the Department.

Aboveground storage facility shall mean a tank,pipe, vessel or other container, or any combina-tion of the foregoing, used or designed to be usedfor the aboveground storage or aboveground trans-mission of hazardous materials including but notlimited to line leak detectors, monitoring wellsand secondary containment systems associatedtherewith.

(1) Aboveground storage facilities have lessthan ten (10) percent of their total volumebelow the surface of the ground.

(2) Facilities with ten (10) percent or more oftheir volume below the ground surfaceand which are contained within a vault orstructure of sufficient size to allow humanaccess and visual inspection of all compo-nents thereof are hereby determined to beaboveground storage facilities.

Adequate protection by natural means shallmean one (1) or more of the following processes ofnature that produces water consistently meetingthe requirements of the standards in this chapter:dilution, storage, sedimentation, sunlight, aera-tion, and the associated physical and biologicalprocesses which tend to accomplish natural puri-fication in surface waters and, in the case ofgroundwaters, the natural purification of waterby infiltration through soil and percolation throughunderlying material and storage below the groundwater table, as may be approved by the Director.

Adequate protection by treatment shall meancomplete or full treatment which is the combina-tion of the controlled processes of coagulation,sedimentation, absorption, filtration, disinfec-tion, or other processes which produce a waterconsistently meeting the potable water standardsincluding processes which are appropriate to thequality of the raw water supply; works which areof adequate capacity to meet maximum demandswithout creating health hazards, and which arelocated, designed and constructed to eliminate orprevent pollution; and conscientious operation bywell trained and competent personnel whose qual-ifications are commensurate with the responsibil-ities of the position and acceptable to the DERM.

Adequate transmission capacity shall mean thateach pump station receiving sewage flow from thesewer service connection, the pump station imme-diately upstream from the pump station receivingsewage flow from the sewer service connection,and all pump stations through which sewage flowfrom the sewer service connection is transmittedto the wastewater treatment facility receivingsuch sewage flow, is operating (A) with fixed-speed pumps at a nominal daily average pumpstation operating time equal to or less than ten(10) hours per day, taking into account all existingsewage flow and loadings, including anticipatedsewage flow resulting from all previously autho-rized sewer service connections or (B) with multiple-speed pumps at a nominal average power con-sumption that is equal to or less than forty-six(46) percent of the rated multiple-speed pumpstation motor horsepower or the equivalent thereofas approved by the Director or the Director'sdesignee or (C) with variable-speed pumps at anominal average power consumption that is equal


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to or less than a percentage of the rated variable-speed pump station motor horsepower as follows:(i) the percentage for all of the variable frequencydriven pumps in the pump station shall be forty-nine (49) percent; (ii) the percentage for all of themagnetic-drive type variable speed pumps in thepump station shall be sixty-five (65) percent; and(iii) the percentage for all of the electrolyte rheo-stat or resistor bank type of variable speed drivepumps in the pump station shall be sixty-one (61)percent; or the equivalent of any of the foregoing,as applicable, as approved by the Director or theDirector's designee, or (D) in such a manner that,upon completion of a rainfall-dependent peak flowmanagement study approved by the Director orthe Director's designee, the pump station is capa-ble of managing peak flows (during a one (1) intwo-year storm event as determined by the SouthFlorida Water Management District) with a back-uppump out-of-service without causing or contribut-ing to overflows in the collection and transmissionsystem.

Adequate treatment capacity shall mean thatthe wastewater treatment plant which will re-ceive flow from a sewer service connection shallnot be in noncompliance as defined in 40 C.F.R.Part 123.45, Appendix A.

Adequate water depth shall mean the verticalextent of the water column above submergedbottom lands which is sufficient at all times toprevent any damage to the submerged bottomlands and to any natural resources in or upon thesubmerged bottom lands.

Adverse environmental impact shall mean anychange in the physical or biological conditions ofthe natural environment within or adjacent to thearea that results in a substantial detrimentaleffect upon flora, fauna, air, water, minerals orother natural characteristic(s) of the area.

Affected tree shall mean any tree which shallbe, or already has been, removed, relocated, oreffectively destroyed, thereby requiring a permitpursuant to Ordinance Number 89-8.

Agricultural operation shall mean the growingof crops, the raising of fowl, animals or bees, as a

gainful occupation, but shall not include suchactivities engaged in as a hobby or truck farmingin residential areas.

Agricultural site alteration shall mean prepa-ration of a site for commercial or noncommercialhorticultural or floricultural uses including, butnot limited to: row crops, farms, groves, nurseries,horticultural farming, truck farming, barns, shedsor other structures not habitable by human be-ings which are used for the storage of farmmachinery, fertilizer, seed or other items or equip-ment ancillary to an on-site agricultural use; andthe maintenance and raising of animals for com-mercial purposes.

Agricultural vehicle or agricultural equipment

maintenance facility shall mean a facility whichrepairs or maintains vehicles or equipment ancil-lary to and directly supportive of a bona fideagricultural purpose and which vehicle or equip-ment are owned or operated by the owner orleasee of the agricultural vehicle or agriculturalequipment maintenance facility.

Air contaminants shall mean a particulate, gasor odor, including, but not limited to, smoke,charred paper, dust, soot, grime, carbon or anyparticulate matter, or irritating, malodorous ornoxious acids, fumes or gases, or any combinationthereof, but shall not include uncombined watervapor.

Air pollution shall mean the presence in theoutdoor atmosphere of one (1) or more air contam-inants or the combination thereof in such quanti-ties and of such duration which are injurious tohuman, plant or animal life, or property, or whichunreasonably interfere with the comfortable en-joyment of life or property, or the conduct ofbusiness.

Alter or altering a mangrove tree shall meanremoving, poisoning, defoliating, or destroying amangrove tree, either partially or entirely.

Ambient (natural) temperature shall mean theexisting temperature of the receiving water at alocation which is unaffected by man-made ther-mal discharges and a location which is also of adepth and exposure to winds and currents whichtypify the most environmentally stable portions ofthe receiving bodies of water.


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Annular space shall mean the space betweentwo (2) casings or between the outer casing andthe wall of the well hole.

Approved recycling or recovery equipment shallmean any device designed to recapture or reuseozone-depleting compounds which has the writ-ten approval of the Director or the Director'sdesignee.

Asbestos shall mean a fibrous, rock-formingmaterial, including, but not limited to, suchamphibole varieties as tremilite, actinolite,anthophyllite, grunerite, richterite, edenite,amosite, crocilolite, and such serpentine varietiesas amianthus and chrysotile, as well as syntheticasbestos fibers, including, but not limited to,fluor-tremilite, fluor-richterite, and fluor-edenite.

Association of primary and secondary wetland

plant species shall mean an assemblage of pri-mary and secondary wetland species within adefined area. In order for said assemblage to beclassified as an association, it must be composedof at least twenty-five (25) percent primary wetlandspecies.

Average day pumpage wellfield protection area

shall mean the area within the cone of influenceof a public utility potable water supply well basedupon average day pumpage.

Average shall mean the arithmetic average ofthe results of at least three (3) separate samplescollected within a referenced specific time period.At least one (1) of these samples shall be taken atpeak flow conditions, where applicable, and aminimum of twenty-five (25) percent of the refer-enced time period shall serve as an intervalbetween successive samples.

Back-up pump shall mean the highest capacitypump installed in a pump station.

Balanced system shall mean a gasoline or gasoholvapor recovery system that draws such vaporthrough a nozzle boot to an underground storagetank by means of the pressure differential createdas the volume of gasoline or gasohol in the under-ground storage tank is reduced and the volume ofgasoline or gasohol in the motor vehicle fuel tankis increased during motor vehicle refueling.

Basic wellfield protection area shall mean thearea within two hundred ten (210) days traveltime from a public utility potable water supplywell based upon maximum day pumpage.

Basin B shall mean those lands within thefollowing geographical boundary:

Section 13, 14, and 24, Township 52 South,Range 39 East, less those portions thereof lyingsouthwesterly of the southwesterly right-of-way of Okeechobee Road, and

Sections 16, 17, 18 and 20, Township 52 South,Range 40 East, and

Section 19, Township 52 South, Range 40 East,less that portion thereof lying southwesterly ofthe northeasterly right-of-way of the MiamiCanal and northwesterly of the northwesterlyright-of-way of the Florida Turnpike, and

that portion of Section 21, Township 52 South,Range 40 East, lying westerly of the westerlyright-of-way of Interstate I-75, and

Section 30, Township 52 South, Range 40 East,less that portion thereof lying northwesterly ofthe northwesterly right-of-way of the FloridaTurnpike, and less those portions included withinthe right-of-way of the Miami River, and

Section 31, Township 52 South, Range 40 East,and

Sections 6, 7, 8, 17, 18 and 19, Township 53South, Range 40 East, and

Section 30, Township 53 South, Range 40 East,less the southeast one quarter thereof.

All lying in Miami-Dade County, Florida.

Bird Drive Everglades Wetland Basin shallmean the wetlands described below:

That portion of Section 3, Township 54 South,Range 39 East lying south of U.S. Highway 41(Tamiami Trail) and lying west of S.W. 143Avenue north of S.W. 9th Terrace and lyingwest of S.W. 144 Avenue south of S.W. 9thTerrace; those portions of Sections 4, 5, and 6,Township 54 South, Range 39 East lying southof U.S. Highway 41 (Tamiami Trail); that por-tion of Section 10, Township 54 South, Range39 East lying west of S.W. 144 Avenue; thatportion of Section 31, Township 54 South, Range


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39 East, lying north of S.W. 88th Street (NorthKendall Drive); and Sections 7, 8, 9, 16, 17, 18,19, 20, 29, 30, and 32, Township 54 South,Range 39 East.

Blackwater shall mean that portion of domesticsewage not emanating from residential showers,residential baths, residential bathroom washbasins,or residential clothes washing machines.

Boat docking facility shall mean a place wherevessels may be secured to a fixed or floatingstructure or to the shoreline.

Boat slip shall mean a berthing space for avessel which has been created or authorized pur-suant to a permit or permits issued by the De-partment.

Boat storage facility shall mean a facility whererecreational vessels are stored on uplands by one(1) or more of the following methods:

(1) On boat trailers on a paved or unpavedsurface; or

(2) On individual boat racks; or

(3) On multi-story boat racks.

Bona fide agricultural purposes shall meangood faith commercial or domestic agriculturaluse of the land. In determining whether the use ofthe land for agricultural purposes is bona fide, thefollowing factors as set forth in Section 193.461,Florida Statutes (and as amended from time totime), though nonexclusive, shall be taken intoconsideration:

(1) The length of time the land has been soutilized;

(2) Whether the use has been continuous;

(3) The purchase price paid;

(4) Size, as it relates to specific agriculturaluse;

(5) Whether an indicated effort has been madeto care sufficiently and adequately for theland in accordance with accepted commer-cial agricultural practices, including, with-out limitation, fertilizing, liming, tilling,mowing, reforesting, and other acceptedagricultural practices;

(6) Whether such land is under lease and, ifso, the effective date, length, terms andconditions of the lease; and

(7) Such other factors as may from time totime become applicable.

Bona fide fruit grove shall mean a grove of fruittrees specifically planted to produce edible fruitfor commercial purposes or for personal consump-tion by the owner.

Botanical garden shall mean any publicly-owned real property used for the cultivation ofplants for display or scientific research.

C-9 Wetland Basin shall mean the wetlandswithin the following geographic boundaries:

Beginning at the intersection of U.S. Highway27 (Okeechobee Road) and the south right-of-way of the C-9 Canal; thence run easterly tothe west right-of-way of Interstate Highway75; thence run southerly to the west right-of-way line of the Homestead Extension of Florida'sTurnpike; thence run southwesterly and south-erly to the north right-of-way of U.S. Highway27 (Okeechobee Road); thence run northwest-erly to the point of beginning.

Canopy coverage shall mean the areal extent ofground within the drip line of a tree.

Canopy shall mean those trees which consti-tute the tallest layer within a forest.

Casing shall mean the tubular material uti-lized to shut off or exclude a stratum or strataother than the source bed and conduct water fromonly the source bed to the surface.

Clean fill shall mean material consisting ofsoil, rock, sand, earth, marl, clay, stone and/orconcrete rubble.

Closure shall mean cessation of operation of aCounty solid waste management system facilityand the act of securing such a facility, in accor-dance with applicable regulatory requirements,so that it will pose no significant threat to humanhealth or the environment. This includes closing,long term monitoring, maintenance and financialresponsibility.

Coastal band community shall mean a man-grove community which borders Biscayne Bay or


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one (1) of the tributaries of Biscayne Bay andwhich receives frequent tidal inundation and whosedominant floral constituent is mature Rhizophora

mangle. The boundary of a coastal band commu-nity shall not be limited or affected by artificialboundaries such as, but not limited to, propertylines.

Coastal resources management line shall meanthe landward extent of the areas where detritalcycles contribute to the ecological productivity ofcoastal waters.

Coastal waters shall mean all waters in theState which are not classified as fresh waters.

Coliform group shall include all organismsconsidered in the coliform group as set forth inStandard Methods for the Examination of Waterand Waste Water, sixteenth edition.

Combustible refuse shall mean any combusti-ble waste material containing carbon in a free orcombined state.

Combustion contaminants shall mean particu-late matter discharged into the atmosphere fromthe burning of any kind of material containingcarbon in a free or combined state.

Commercial boat docking facility shall mean aboat docking facility which has boat slips, moor-ings, davit spaces, or vessel tieup spaces of whichmore than fifty (50) percent are designated for orcontain commercial vessels.

Commercial vessel shall mean any vessel en-gaged in any activity wherein a consideration ispaid by the user either directly or indirectly to theowner, operator or custodian of the vessel; or anyvessel engaged in the taking of saltwater fish orsaltwater products for sale either to the con-sumer, retail dealer or wholesale dealer.

Community water system shall mean a publicwater system which serves at least fifteen (15)service connections used by year-round residentsor which regularly serves at least twenty-five (25)year-round residents.

Comprehensive environmental impact state-

ment ("CEIS") shall mean a detailed report, basedupon current data obtainable at the time of per-mit application submittal, which describes the

proposed work and its purposes and which ad-dresses one (1) or more of the following assess-ment points so as to permit assessment of theprobable environmental impacts, benefits and det-riments of the proposed work:

(1) An analysis of the probable impact of theproposed work in the wetland environ-ment, including impact on ecological sys-tems such as floral, faunal, marine andfreshwater communities. Both direct andindirect potential adverse environmentalimpacts shall be included in the analysis.The statement shall include the effect, ifany, of the proposed work upon the abilityof the wetland to:

(a) Receive and store surface waters andto recharge groundwater.

(b) Contribute to quantity and qualityof the water supply and protectagainst saltwater intrusion.

(c) Protect adjacent uplands from hur-ricane and tidal storm surges.

(d) Provide filtration and uptake of nu-trients and pollutants from surfacewaters.

(e) Contribute sheet flow of surface wa-ters to adjacent areas.

(f) Provide habitat for indigenous floraland faunal species, and rare, threat-ened and endangered species, as de-fined in this chapter.

(g) Provide protection for the rechargearea of a wellfield.

(2) An analysis of other adverse environmen-tal impacts which cannot be avoided shouldthe proposal be implemented, such aswater or air pollution, undesirable landuse patterns, urban congestion, threats tohealth or other consequences adverse tothe County's environmental goals, as setforth in this Code and the Miami-DadeCounty Comprehensive Development Mas-ter Plan.

(3) A description and analysis of alternativesto the proposed work which avoid or mit-igate some or all of the probable adverse


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environmental impacts of the proposedwork or which increase the beneficial en-vironmental effects of the proposed work.An economic cost-benefit analysis may besubmitted by the applicant for the pro-posed work and each such alternative.

(4) An analysis of the cumulative and long-term effects of the proposed work. Theanalysis shall compare the proposed work'sshort-term use of the environment withlong-term environmental parameters in-cluding, but not limited to, biological pro-ductivity, habitat quality, protection ofhydrological resources, and nutrient andpollution attenuation capacity.

(5) An analysis of all irreversible commit-ments of natural resources which wouldoccur if the proposed work is imple-mented. This analysis shall include theextent to which the proposed work wouldcurtail the range of beneficial uses of theenvironment.

(6) A summary of the problems and objec-tions raised by any federal, State or localentities and by the public in the reviewprocess, the disposition of the issues in-volved, and the reasons therefor.

(7) A description and analysis of the socioeco-nomic benefits that may be derived fromimplementation of the proposed work aswell as the potential negative impacts tothe public resulting from denial of ormodifications to the proposed work.

Condensed fumes shall mean minute solid par-ticles generated by the condensation of vaporsfrom solid matter volatilization from the moltenstate, or may be generated by chemical processes,operations or reactions, when these processescreate air-borne particles.

Cone of influence means a localized depressionor draw-down of the groundwater due to watersupply well pumpage.

Construction and demolition debris shall meansolid waste comprised exclusively of materialswhich are not hazardous materials and which arenot water soluble, including steel, concrete, glass,brick, soils not containing any hazardous materi-

als, asphalt roofing and paving material, andlumber from a construction or demolition project.

Contaminant shall mean any substance presentin any medium which may cause an adverse effectupon public health, public safety, public welfareor the environment, or causes a nuisance asdefined in Section 24-5, Section 24-27 or Section24-28.

Cooling pond shall mean a body of water en-closed by natural or constructed restraints whichhas been approved by the State of Florida Depart-ment of Environmental Protection for purposes ofcontrolling heat dissipation from thermal dis-charges.

Cross-connection shall mean any physical con-nection or arrangement whereby contaminationmay enter a water supply system; such as two (2)otherwise separate piping systems, one (1) ofwhich contains or is designed to contain potablewater and the other waste water or other fluids ormaterial of unknown or questionable safety, whereintermixing may occur depending on the pressureor temperature differential between the two (2)systems.

CTLs shall mean Clean-up Target Levels as setforth in Section 24-44.

Cumulative adverse environmental impact shallmean adverse environmental impact, as definedin this chapter, resulting from a proliferation of aparticular proposed work or land use within awetland area.

Daily average pump station operating time shallmean the total of the number of operating hoursfor all nonvariable speed and non-multiple-speedpumps in the pump station for the month dividedby the number of days in the month which is thendivided by the total number of the same type ofpumps in the pump station less one (1) pump ofthe same type, or the equivalent thereof as ap-proved by the Director or the Director's designee.

Davit space shall mean an area along a bulk-head or pier where a vessel may be suspendedover tidal waters by a mechanical device.

Department shall mean the Miami-Dade CountyDepartment of Environmental Resources Manage-ment.


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Detention of stormwater shall mean the collec-tion and temporary storage of stormwater in amanner that will provide treatment through phys-ical, chemical or biological processes, with subse-quent gradual release of the stormwater in amanner not to exceed the design limitations of thetemporary storage area.

Detention pond shall mean an open basin whichintercepts the groundwater table and is used forthe temporary storage of stormwater runoff.

Developed land shall mean land upon whichstructures or facilities have been constructed.

Developed property shall mean any parcel ofland which contains an impervious area.

Development shall mean any proposed activityor material change in the use or character of land,including, but not limited to, the placement of anystructure, utility, fill, or site improvement onland, and any act which requires a buildingpermit.

Dewater shall mean to discharge off-site oron-site water from an excavation, undergroundstructure, or depressed land.

Diameter breast height (DBH) shall mean thediameter of a tree's trunk measured at a pointfour and one-half (41/2) feet from where the treeemerges from the ground at natural grade. In thecase of multiple-trunked trees, the DBH shallmean the sum of each trunk's diameter measuredat the point four and one-half (41/2) feet fromwhere the tree emerges from the ground at natu-ral grade.

Director shall mean the Director of the Miami-Dade County Department of Environmental Re-sources Management, with duties created pursu-ant to Section 24-6 of the Code of Miami-DadeCounty, Florida.

Dissolved hydrocarbon shall mean any sub-stance soluble in fluorocarbon-113 and dispersed,emulsified, or otherwise dissolved throughout asample.

Domestic sewage shall mean waste water fromtoilets, showers, sinks, baths, and other facilitiesdesigned for human sanitation whether locatedwithin residential or nonresidential land uses.

Dominance shall mean the species or group ofspecies having the largest total number of indi-viduals in the canopy and/or understory within adefined area.

Dominant plant community shall mean a min-imum of fifty-one (51) percent of the plant coverwithin an area based on the following formula:Dominance equals one hundred (100) multipliedby the total estimated basal area of wetland plantspecies divided by the total estimated basal areaof all plant species.

Drainage area shall mean a geographicallydefined land surface having topographical fea-tures such that stormwater runoff will be directedtowards a drainage structure or natural water-way.

Drainage well shall mean any excavation thatis drilled, cored, bored, washed, driven, dug, jet-ted or otherwise constructed when the intendeduse of such excavation is for the artificial re-charge of groundwater, or the intentional intro-duction of water into any underground formation.

Dredging shall mean the removal of soil (i.e.,rock, clay, peat, sand, marl, sediments or othernaturally occurring soil material) from the sur-face of submerged or unsubmerged coastal orfreshwater wetlands, tidal waters or submergedbay-bottom lands. Dredging shall include, but notbe limited to, the removal of soils by use ofclamshells, suction lines, draglines, dredges orbackhoes.

Drip line shall mean an imaginary vertical lineextending from the outermost horizontal circum-ference of a tree's branches to the ground.

Dry exfiltration shall mean an undergroundstormwater disposal system where the invert of aperforated conveyance pipe is placed at or abovethe average October groundwater level as setforth in the Miami-Dade County Public WorksManual, Part II, Section D4, dated September 1,1974, as may be amended from time to time.

Dry infiltration or dry retention shall mean theprocess which occurs when stormwater is con-veyed to a grassed swale or open basin for dis-posal into the ground where the bottom of thegrassed swale or open basin is at least one (1.0)


3223Supp. No. 58

foot above the average October groundwater levelas set forth in the Miami-Dade County PublicWorks Manual, Part II, Section D4, dated Sep-tember 1, 1974, as may be amended from time totime.

Dry storage space shall mean a designatedplace where a recreational vessel is stored onuplands by one (1) of the following methods:

(1) On a boat trailer on a paved or unpavedsurface; or

(2) On an individual boat rack; or

(3) On a multi-story boat rack.

Dust shall mean minute solid particles re-leased into the air by natural forces or by mechan-ical processes such as crushing, grinding, milling,drilling, demolishing, shoveling, conveying, cover-ing, bagging, sweeping, etc.

Dwelling shall mean any building which iswholly or partly used or intended to be used forliving, sleeping, cooking and eating.

Dwelling unit shall mean any room or group ofrooms located within a dwelling and forming asingle habitable unit with facilities used or in-tended to be used for living, sleeping, cooking andeating. This term shall include, for the purposesof this ordinance, rooming units.

East Turnpike Wetland Basin shall mean thewetlands described below:

Those portions of Sections 18 and 19, Township52 South, Range 40 East, lying east of theHomestead Extension of Florida's Turnpike;and Sections 6, 7, 8, 17 and 18, Township 53South, Range 40 East, Miami-Dade County,Florida.

Effectively destroy shall mean the girdling, ordamaging of a tree's trunk, branch or root systemor cutting, pruning or trimming not done inaccordance with the most recent American Na-tional Standards (ANSI) A-300 Standard Prac-tices for Tree Care Operations.

Emission shall mean the act of passing into theatmosphere an air contaminant or gas streamwhich contains or may contain an air contami-nant; or the material so passed to the atmosphere.

Engineering control shall mean a process orstructure which eliminates or reduces the migra-tion of contaminants or eliminates or reduces theexposure of human and environmental receptorsto contaminants.

Environment shall mean the complex of cli-matic, edaphic and biotic factors that act upon anorganism or an ecological community and ulti-mately determine its form and survival and whichwill be affected by the proposed work.

Environmental remediation shall mean clean-upof, or mitigation for, air, soil or water contamina-tion from the County solid waste managementsystem and those facilities for which the Countyis legally responsible for environmental clean-upor mitigation.

Environmentally-sensitive tree resources shallmean a specimen tree, natural forest community,or any other tree or trees that substantiallycontribute(s) to the aesthetics of an area, andwhich are not exempted from permit require-ments under Section 24-49(4)(f).

Equivalent residential unit (sometimes herein-after referred to as "ERU") shall mean the statis-tically estimated average horizontal imperviousarea of residential developed property per dwell-ing unit. This estimated average is calculated bydividing the total estimated impervious area offour (4) residential categories, to wit, single fam-ily, mobile home, multifamily and condominium,by the estimated total number of residential dwell-ing units. For the purposes of this ordinance eachdwelling unit, to wit, single family residence,mobile home, multifamily, or condominium, isassigned one (1) ERU.

Excavation shall mean the action or process ofcreating any lake, rockmining (excluding ancil-lary property uses necessary for extracting andprocessing subsurface materials), reservoir, pondor other surface water.

Exfiltration of stormwater shall mean the pro-cess by which stormwater flows out of a trench ora buried perforated pipe into the surroundingground.


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Existing heat source shall mean any thermaldischarge:

(1) Which is presently taking place, or

(2) For which a construction or operatingpermit has been issued prior to the effec-tive date of these rules.

Facility shall mean anything that is built orpurchased to make an action or operation easieror to serve a special purpose.

Feasible distance for public water mains shallmean the distance between the closest point of theproperty and the nearest available point of con-nection to an available public water main is notexcessive as determined by the Director or theDirector's designee in accordance with the follow-ing:

(1) Residential uses. If the distance betweenthe property and the nearest availablepoint of connection to an available publicwater main is less than the distance de-rived by dividing the sum of the existingand proposed gross floor area by a factorof twelve (12) square feet per linear foot ofpublic water main, extension of publicwater mains to serve the property is re-quired, or

Notwithstanding the above, if the nearestavailable point of connection to an avail-able public water main is located withintwo hundred (200) feet of the closest pointof the property, extension of public watermains to serve the property is required.

(2) Office building uses. If the distance be-tween the property and the nearest avail-able point of connection to an availablepublic water main is less than the dis-tance derived by dividing the sum of theexisting and proposed gross floor area bya factor of ten (10) square feet per linearfoot of public water main, extension ofpublic water mains to serve the propertyis required, or

Notwithstanding the above, if the nearestavailable point of connection to an avail-able public water main is located within

four hundred (400) feet of the closest pointof the property, extension of public watermains to serve the property is required.

(3) Business district uses. If the distancebetween the property and the nearestavailable point of connection to an avail-able public water main is less than thedistance derived by dividing the sum ofthe existing and proposed gross floor areaby a factor of ten (10) square feet perlinear foot of public water main, extensionof public water mains to serve the prop-erty is required, or

Notwithstanding the above, if the nearestavailable point of connection to an avail-able public water main is located withinsix hundred (600) feet of the closest pointof the property, extension of public watermains to serve the property is required.

(4) Industrial uses. If the distance betweenthe property and the nearest availablepoint of connection to an available publicwater main is less than the distance de-rived by dividing the sum of the existingand proposed gross floor area by a factorof ten (10) square feet per linear foot ofpublic water main, extension of publicwater mains to serve the property is re-quired, or

Notwithstanding the above, if the nearestavailable point of connection to an avail-able public water main is located withinseven hundred fifty (750) feet of the clos-est point of the property, extension ofpublic water mains to serve the propertyis required.

(5) In determining whether or not the dis-tance between the closest point of theproperty and the nearest available pointof connection to an available public watermain is excessive, the Director or theDirector's designee shall follow the prin-ciples set forth below:

(a) The nearest available point of con-nection to an available public watermain shall be determined by the


3225Supp. No. 58

Director or the Director's designee inaccordance with good engineeringpractices.

(b) Notwithstanding any of the provi-sions of this definition, additions,modifications, or remodelings of ex-isting improvements on the propertyshall not require extension of publicwater mains to serve the propertyfrom the nearest available point ofconnection to an available public wa-ter main, if the gross floor area of thenew construction and new improve-ments is less than twenty-five (25)percent of the existing gross floorarea.

Feasible distance for public sanitary sewers

shall mean that distance between the closestpoint of the property and the nearest availablepoint of connection to an available public sanitarysewer is not excessive as determined by the Di-rector or the Director's designee in accordancewith the following:

(1) Residential uses.

(a) Development requiring gravity sewerline extensions: If the distance be-tween the closest point of the prop-erty and the nearest available pointof connection to an available publicsanitary sewer is less than that dis-tance derived by dividing the sum ofthe existing and proposed gross floorarea by a factor of twenty (20) squarefeet of gross floor area per linear footof public sanitary sewer, extension ofpublic sanitary sewers to serve theproperty is required, or

(b) Development requiring the installa-tion of a sanitary sewer lift stationfor eleven (11) residential units ormore: If the distance between theclosest point of the property and thenearest available point of connectionto an available public sanitary seweris less than that distance derived bysubtracting one thousand (1,000) lin-ear feet of public sanitary sewer fromthat distance derived by dividing the

sum of the existing and proposedgross floor area by a factor of seven-teen (17) square feet of gross floorarea per linear foot of public sani-tary sewer, extension of public sani-tary sewers to serve the property isrequired, or

(c) Notwithstanding subsections (1)(a)or (1)(b) above, if the nearest avail-able point of connection to an avail-able public gravity sanitary sewer islocated within one hundred (100)feet of the closest point of the prop-erty, extension of public sanitary sew-ers to serve the property is required.

(2) Office building uses.

(a) If the distance between the closestpoint of the property and the nearestavailable point of connection to anavailable public sanitary sewer isless than that distance derived bydividing the sum of the existing andproposed gross floor area by a factorof fifteen (15) square feet gross floorarea per linear foot of public sani-tary sewer, extension of public sani-tary sewers to serve the property isrequired, or

(b) Notwithstanding subsection (2)(a)above, if the nearest available pointof connection to an available publicsanitary sewer is located within threehundred (300) feet of the closest pointof the property, extension of publicsanitary sewers to serve the prop-erty is required.

(3) Business district uses.

(a) If the distance between the closestpoint of the property and the nearestavailable point of connection to anavailable public sanitary sewer isless than that distance derived bydividing the sum of the existing andproposed gross floor area by a factorof fifteen (15) square feet gross floorarea per linear foot of public sani-


3226Supp. No. 58

tary sewer, extension of public sani-tary sewers to serve the property isrequired, or

(b) Notwithstanding subsection (3)(a)above, if the nearest available pointof connection to an available publicsanitary sewer is located within fivehundred (500) feet of the closest pointof the property, extension of publicsanitary sewers to serve the prop-erty is required.

(4) Industrial uses.

(a) If the distance between the closestpoint of the property and the nearestavailable point of connection to anavailable public sanitary sewer isless than that distance derived bydividing the sum of the existing andproposed gross floor area by a factorof fifteen (15) square feet gross floorarea per linear foot of public sani-tary sewer, extension of public sani-tary sewers to serve the property isrequired, or

(b) Notwithstanding subsection (4)(a)above, if the nearest available pointof connection to an available publicsanitary sewer is located within sevenhundred (700) feet of the closest pointof the property, extension of publicsanitary sewers to serve the prop-erty is required.

(5) In determining whether or not the dis-tance between the closest point of theproperty and the nearest available pointof connection to an available public sani-tary sewer is excessive, the Director orthe Director's designee shall follow theprinciples set forth below:

The nearest available point of connectionto an available public sanitary sewer shallbe determined by the Director or theDirector's designee in accordance withgood engineering practices.

(6) Notwithstanding any of the provisions ofthis definition, additions, modifications,or remodelings of existing improvements

on the property shall not require exten-sion of public sanitary sewers to serve theproperty from the nearest available pointof connection to an available public sani-tary sewer, if the gross floor area of thenew construction and new improvementsis less than twenty-five (25) percent of theexisting gross floor area.

Filling shall mean the alteration of wetlands,tidal waters or bay-bottom lands, by adding ma-terial or soil to obtain higher elevations or bettercompaction of existing elevations.

Firebreak shall mean an area of bare ground nomore than ten (10) feet in width in a forest whichhas been created to prevent the spreading of wildfires.

First inch of retention shall mean the disposalby on-site retention of the volume of stormwatergenerated by the first inch of runoff from adefined drainage area.

First inch of runoff shall mean the volume ofstormwater runoff generated during the initialstages of a rainfall event and is calculated as thevolume of stormwater runoff generated duringthe time required to supply and transport to theemergency overflow outfall, one (1) inch ofstormwater runoff from the farthest point in thebasin, as set forth in "DESIGN OF DRAINAGESTRUCTURE, AN UPDATED POLICY FOR THEDESIGN OF STORM RUNOFF DRAINAGESTRUCTURES, DECEMBER 1980," a documentprepared by and on file in the offices of theMiami-Dade County Department of Environmen-tal Resources Management.

Fixed structure shall mean anything of a per-manent or temporary nature which is built, con-structed, placed or installed in, on, over or upontidal waters. Fixed structures shall not includevessels or floating structures.

Floating hydrocarbon shall mean any sub-stance soluble in fluorocarbon-113 as set forth inEPA Method 413.1 and floating or otherwise form-ing a visible layer upon any aqueous surface.

Floating structure shall mean a barge-like en-tity, with or without accommodations, which isnot used as a means of transportation on water


3227Supp. No. 58

but which serves purposes or provides servicestypically associated with a structure upon orimprovements to real property. A floating struc-ture includes, but is not limited to, a residence,place of business, office, hotel, motel, restaurant,lounge, retail or wholesale store, clubhouse, heli-copter pad, meeting facility, or a storage or park-ing facility. Incidental movement or the capabilityof movement upon water shall not preclude anentity from classification as a floating structure.Registration of the entity as a vessel in accor-dance with Chapter 327, Florida Statutes, shallnot preclude an entity from classification as afloating structure.

Flooding shall mean the accumulation ofstormwater on the ground surface which occursas a result of excessive rainfall precipitation whichhas saturated the soil and filled the canals, lakes,ditches and drainage structures beyond their stor-age and transmission capacities.

Florida No. 1 grade or equivalent shall meanthe classification of the quality of a nursery plantas published in Grades and Standards for Nurs-ery Plants, Part II, Florida Department of Agri-culture and Consumer Services, Division of PlantIndustry.

Flue shall mean any duct or passage for air,gases, or airborne materials, such as a stack orchimney.

Forest management plan shall mean a docu-ment which specifies the techniques that will beimplemented to maintain and preserve an indi-vidual natural forest community.

Free chlorine shall mean chlorine existing inwater as hypochlorous acid, hypochlorite ions,and molecular chlorine.

Free product shall mean any non-aqueous liq-uid.

French drain shall mean a structure consistingof a perforated, slotted or open joint pipe buried ina trench and surrounded by ballast rock and usedfor the underground disposal of stormwater run-off into groundwater or the unsaturated zone.

Fresh waters shall mean all waters of the statewhich are contained in lakes and ponds, or are inflowing streams above the zone in which tidal

actions influence the salinity of the water andwhere the concentration of chloride ions is nor-mally less than five hundred (500) milligrams perliter.

Fully loaded vessel shall mean:

(1) All of the vessel's fuel tanks, water tanksand other tanks are full, and

(2) The vessel has the maximum allowablenumber of crew, passengers, equipmentand provisions pursuant to themanufacturer's specifications and, whereapplicable, the United States Coast Guardcertification, and

(3) The vessel has all safety and rescue equip-ment required pursuant to state, federaland, if applicable, international law, and

(4) The vessel contains the maximum autho-rized amount (by weight) of cargo pursu-ant to state, federal and, if applicable,international law.

Garbage shall mean every refuse accumulationof animal, fruit or vegetable matter that attendsthe preparation, use, cooking and dealing in, orstorage of edibles, and any other matter, of anynature whatsoever, which is subject to decay,putrefaction and the generation of noxious oroffensive gases or odors, or which, during or afterdecay, may serve as breeding or feeding materialfor flies or other germ-carrying insects.

Gas shall mean a formless fluid which occupiesspace and which can be changed to a liquid orsolid state only by increasing pressure with de-creased or controlled temperature, or by de-creased temperature with increased or controlledpressure.

Grassed swale shall mean a depression on theground surface which is covered by vegetationand is located entirely within the unsaturatedzone.

Gravity injection means the introduction ofwater into a well from which the water enters thegroundwater without any force other than theforce of gravity. Said well shall be in excess of two(2) feet below the average yearly highest ground-


3228Supp. No. 58

water elevation as specified in the Miami-DadeCounty Public Works Manual as same may beamended from time to time.

Graywater shall mean that portion of domesticsewage emanating from residential showers, res-idential baths, residential bathroom washbasins,or residential clothes washing machines.

Ground cover shall mean plants, other thanturf grass, normally reaching an average maxi-mum height of not more than twenty-four (24)inches at maturity.

Ground pollution shall mean the introductioninto or upon any ground of any organic or inor-ganic matter or deleterious substances in suchquantities, proportions or accumulations whichare injurious to human, plant, animal, fish andother aquatic life, or property, or which unreason-ably interfere with the comfortable enjoyment oflife or property, or the conduct of business. It shallbe a rebuttable presumption that the introductionof any hazardous waste as defined in Section 24-5or hazardous materials as defined in Section 24-5into or upon the ground, which exceeds any of theclean-up target levels (CTLs) set forth in Section24-44, shall constitute and shall be deemed to beground pollution.

Halophytic vegetation shall mean the followingspecies:

Aizoaceae (carpetweed family)—Sesuvium

portulacastrum (sea purslane)

Amaranthaceae (amaranth family)—Philoxerus

vermicularis (marsh samphire)

Amaryllidaceae (amaryllis family)—Hymenocal-

lis latifolia (spider lily)

Apocynaceae (oleander family)—Rhabdadenia

biflora (mangrove rubber vine)

Asteraceae (aster family)—Aster tenuifolius var.aphyllus (salt-marsh aster)

Baccharis angustifolia (false willow)

Baccharis halimifolia (groundsel tree)

Borrichia arborescens (oxeye daisy)

Borrichia frutescens (oxeye daisy)

Iva frutescens (marsh elder)

Avicenniaceae (black mangrove family—Avicen-

nia germinans (black mangrove)

Batidaceae (saltwort family)—Batis maritima

(saltwort)

Chenopodiaceae (goosefoot family)—Salicornia

virginica (perennial glasswort)

Salicornia bigelovii (annual glasswort)

Suaeda linearis (sea blite)

Salsola kali (saltwort)

Combretaceae (white mangrove family)—Conocarpus erecta (buttonwood)

Laguncularia racemosa (white mangrove)

Cymodoceaceae (manatee grass family)—Halodule wrightii (Cuban shoal weed)

Syringodium filiforme (manatee grass)

Cyperaceae (sedge family)—Cyperus odoratus

(sedge)

Cyperus ligularis (sedge)

Cyperus planifolius (sedge)

Fimbristylis castanea

Fimbristylis spathacea

Hydrocharitaceae (frog's bit family)—Thalas-

sia testudinum (turtle grass)

Juncaceae (rush family)

Juncus roemerianus (rush)

Juncaginaceae (arrow grass family)—Triglochin

striata

Plumbaginaceae (leadwort family)—Limonium

carolinianum var. carolinianum (sea lavender)

Limonium carolinianum var. angustatum (sealavender)

Poaceae (grass family)—Distichlis spicata (sea-shore salt grass)

Monanthochloe littoralis (Key grass)

Paspalum vaginatum (salt joint grass)

Spartina alterniflora (smooth cord grass)

Spartina patens (salt-meadow cord grass)

Spartina spartinae (gulf cord grass)

Sporobolus virginicus (Virginia dropseed)


3229Supp. No. 58

Primulaceae (primrose family)—Samolus

ebracteatus (water pimpernel)

Pteridaceae (bracken family)—Acrostichum

aureum (coastal leather fern)

Acrostichum danaeafolium (leather fern)

Rhizophoraceae (red mangrove family)—Rhizophora mangle (red mangrove)

Ruppiaceae (widgeon grass family)—Ruppia

maritima (widgeon grass)

Solanaceae (nightshade family)—Lycium

carolinanum (Christmasberry)

Surianaccac (bay-cedar family)—Suriana

maritima (bay cedar)

Harmful obstruction or undesirable alteration

of the natural flow of surface water shall meanany substantial diversion, obstruction, creation ofbackwater conditions, interruption, adverse changein velocity, volume, or depth of the natural flow ofsurface water. Natural flow need not be uniformor uninterrupted and may be seasonal or periodic.

Hazard index shall mean the sum of more thanone (1) hazard quotient for multiple contaminantsor for multiple exposure pathways.

Hazard quotient shall mean the ratio of asingle contaminant exposure level over a specifiedtime period to a reference dose for that contami-nant derived from a similar exposure period.

Hazardous materials shall mean any waste,product, substance, or combination or breakdownproduct thereof which, because of its biological orchemical characteristics, if introduced into a po-table public water supply well, will impair thepotability of the water withdrawn by the potablepublic water supply well or which will be harmfulor potentially harmful to human, plant or animallife or property or the conduct of business orwhich will increase the cost of operation of publicwater supply treatment facilities or which willincrease the reliance by consumers of potablewater from such potable public water supplywells on the operation of public water supplytreatment facilities to provide potable water whichis not harmful or potentially harmful to human,plant or animal life or property or the conduct ofbusiness.

Within ninety (90) days from the effective dateof Ord. No. 83-96 and at least annually thereafter,the Director or the Director's designee shall sub-mit to the Board of County Commissioners a listof wastes, products, substances or combination orbreakdown products thereof which the Director orthe Director's designee has determined to behazardous materials as hereinabove defined. TheBoard of County Commissioners shall designate,by resolution, which of the wastes, products,substances or combination or breakdown prod-ucts thereof so listed by the Director or theDirector's designee shall be legally presumed tobe hazardous materials as defined hereinabove.Such designation by the Board of County Com-missioners shall create a rebuttable presumptionthat the wastes, products, substances or combina-tion or breakdown products thereof so designatedare hazardous materials as hereinabove defined.Such designations shall be deemed nonexclusive.Nondesignation by the Board of County Commis-sioners shall not create any presumption that thenondesignated wastes, products, substances orcombination or breakdown products thereof arenot hazardous materials. Nothing herein shall beconstrued to limit in any way the power of theDirector or the Director's designee in the perfor-mance of his duties and responsibilities to deter-mine that a waste, product, substance or combi-nation or breakdown product thereof is a hazardousmaterial as defined hereinabove.

Hazardous waste shall mean:

(1) A waste defined as a hazardous waste in40 C.F.R. Part 261, or

(2) Used radiator fluid,

(3) Used lubricating oil,

(4) Used transmission fluid,

(5) Used brake fluid, or

(6) Used power steering fluid.

Health care facilities shall mean hospitals, skillednursing facilities, clinics, intermediate care facil-ities, ambulatory surgical centers, health mainte-nance organizations, doctor's offices, dentist's of-fices or free standing hemodialysis centers.

Health hazards shall mean any conditions,devices, or practices in a water supply system or


3230Supp. No. 58

its operation which create a possible danger to thehealth and well-being of the water consumer. (Anexample of a health hazard is a structural defectin the water supply system, whether of location,design or construction, which may regularly oroccasionally prevent satisfactory purification ofwater supply or cause it to be polluted fromextraneous sources.)

Heated-water discharges shall mean the efflu-ents from commercial or industrial activities orprocesses in which water is used for the purposeof transporting waste heat.

Highway shall mean any public thoroughfare,including streets, designed for motor vehicles.

Impervious area shall mean a division of thehorizontal ground surface which is incapable ofbeing penetrated by rainwater. This shall include,but not be limited to, all structures, roof exten-sions, slabs, patios, porches, driveways, side-walks, parking areas, swimming pools, athleticcourts, and decks.

Individual water supply shall mean a well orwells or other source of water, and pump andpiping if any, located on the premises served forsupplying twenty-five (25) persons or less.

Industrial liquid waste facility shall mean anyfacility engaged in the manufacture, production,fabrication, packaging, repackaging, repair, pro-cessing or sale of goods or services, and whichproduces or generates or may reasonably be ex-pected to produce or generate liquid waste.

Industrial waste shall mean discharges, efflu-ents, spills, or leaks of any hazardous wastes,hazardous materials, process wastewater, or wastesother than domestic sewage, from an industrialliquid waste facility.

Infiltration means the distribution of water onthe surface of land to permit the water to soakthrough the vegetation and soil into the ground-water.

Infiltration of stormwater shall mean the pro-cess by which stormwater flows vertically down-ward through the ground into the Biscayne Aqui-fer.

Inflow shall mean any water, other than do-mestic sewage or other wastewater approved bythe Director or the Director's designee to bedischarged into a sanitary sewer system, intro-duced into any publicly or privately owned oroperated gravity sanitary sewer or pump stationwet well which is not sewer system infiltration.

Institutional control shall mean a restrictionon the use of, or access to, a site to eliminate orminimize exposure to contaminants. Examplesinclude, but are not limited to, deed restrictions,restrictive covenants, or conservation easements.

Interim sewage treatment plant shall mean anysewage treatment plant, public or private, includ-ing but not limited to interim package sewagetreatment plants, that discharges its effluent di-rectly into the Biscayne Aquifer or inland surfacewaters of Miami-Dade County.

Intermediate care facilities shall mean day carecenters, day nurseries, convalescent homes, adultcongregate living facilities, rooming houses, board-ing homes, homes for the elderly, homes for de-pendent children or retirement villages or anyother facility providing shelter and supervisionfor dependent individuals who because of theirmental or physical condition require health re-lated care and services above the level of roomand board.

Key manhole shall mean the sanitary sewermanhole into which the entire sewage flow from asewer subsystem is discharged.

Landclearing shall mean the removal of vege-tation or soils from submerged or unsubmergedwetlands. Landclearing shall not mean the re-moval of the following undesirable exotic vegeta-tion: Melaleuca, Australian pine, or Brazilianpepper trees.

Landscape replacement plan shall mean a draw-ing containing proposed tree removal, tree replace-ment planting, tree relocation and preservationareas.

Liquid waste generator shall mean any personor entity whose act or process produces liquidwaste, or who by the nature of its operations uses


3231Supp. No. 58

materials in a process which would subsequentlyrequire disposal as a liquid waste as defined inthis chapter.

Liquid waste shall mean sludge resulting from,but not limited to, a waste treatment works, airpollution control facility, domestic, commercial,mining, institutional, agricultural, or governmen-tal operations; or other waste materials, includ-ing materials to be recycled or otherwise benefi-cially reused; or septic tank, grease trap, sedimenttrap, portable toilet, or oil and grease separatorpump-outs; or solvents, sewage, industrial waste,hazardous waste, semisolid waste, or potentiallyinfectious waste; or any similar materials whichwould cause a nuisance or would otherwise causea violation of this chapter if discharged to theground or waters of Miami-Dade County. How-ever, sewage and industrial wastes which havebeen permitted by the Department to be dis-charged and which are discharged through alateral connection to the sewerage system oron-site treatment facility are not included in thisdefinition. Furthermore, subsurface materials ex-tracted as a result of rock mining which are notdischarged to canals or other water bodies are notincluded in this definition.

Liquid waste transporter shall mean any per-son or entity which carries, conveys, bears ortransports any liquid waste in any moving vehicleincluding but not limited to a car, truck, tank car,railroad car or other vehicle.

Loading facility shall mean a gasoline, gasoholor petroleum distillates storage and distributionfacility with an average daily throughput (calcu-lated over a thirty-day period) equal to or greaterthan twenty thousand (20,000) gallons of gaso-line, gasohol or petroleum distillates.

Local agencies shall mean any county or mu-nicipal government or agency thereof.

Mangrove tree shall mean any of the followingspecies, regardless of size, including mangrovetrees as small as rooted seedlings: Avicennia

germinans (black mangrove), Rhizophora mangle

(red mangrove), Laguncularia racemosa (whitemangrove). Notwithstanding the foregoing, man-grove tree shall not include seedlings smallerthan 3—5 leaf stage rooted seedlings.

Maximum contaminant level shall mean themaximum permissible level of a contaminant inwater which is delivered to any user of a publicwater system.

Maximum day pumpage wellfield protection

area shall mean the area within the cone ofinfluence of a public utility potable water supplywell based upon maximum day pumpage.

Metal recycling facility shall mean a facilityusing equipment to crush, shred, cut or otherwiseprocess ferrous scrap metal into prepared ferrousscrap for resale or reuse. For the purpose of thisdefinition, facilities limited to dealing in non-ferrous metals are not included.

Miami-Dade County Nursery Report shall meana monthly, published bulletin listing availabilityof trees, prices of trees, and stock of many majornurseries in Miami-Dade County which is pre-pared by the Florida Nurserymen and GrowerAssociation.

Minimum flow shall mean the rate of sewageflow, expressed in gallons per day per inch diam-eter per mile, measured at a pump station wetwell or a key manhole of a sewer subsystem from1:00 a.m. to 5:00 a.m. or at such other time whenthe rate of sewage flow transmitted through thepump station or key manhole is at the lowest rateduring any one (1) twenty-four-hour period exclu-sive of known or estimated sewage flows fromcommercial and industrial sources of wastewater.

Mist shall mean a suspension of any finelydivided liquid in any gas.

Mobile home shall mean the same term asdefined by Section 320.01(2), Florida Statutes, assame may be amended from time to time.

Monitoring well or test well shall mean a wellconstructed with a surface seal and a sand filterpack in accordance with accepted technical designpractices to provide for the collection of represen-tative groundwater samples for laboratory analy-ses. Such wells may also be used to detect thepresence of free product or collect water-levelelevation data to aid in determining the directionof groundwater flow.


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Mooring shall mean a temporary or permanentpiling or floating device anchored in tidal watersfor the purpose of securing a vessel.

Motor vehicle fuel delivery vessel shall mean atank truck or trailer equipped with a storage tankused for the transportation of gasoline or gasoholfrom sources of supply to stationary storage tanksat motor vehicle fuel service stations.

Motor vehicle fuel service station shall meanany location which has underground storage fa-cilities or aboveground storage facilities or bothand which location has a total storage capacity ofgasoline or gasohol of ten thousand (10,000) gal-lons or more, or which dispenses ten thousand(10,000) gallons or more per month of gasoline orgasohol to motor vehicle fuel tanks from suchlocation.

Motor vehicle shall mean any car, truck, bus orother self-propelled wheeled conveyance that doesnot run on rails.

Multiple and variable-speed daily average pump

station operating time shall mean the equivalentof the daily average pump station operating time,computed as follows: The average daily kilowatt-hours of consumption of all pumps of the sametype in a pump station divided by the averagedaily kilowatt criteria in kilowatt hours multi-plied by ten (10). The average daily kilowattcriteria in kilowatt hours ("A") is computed asfollows: A = M × 24 hrs. × .746 KW/HP multipliedby P/100 where M is the Maximum Station HP.The applicable pump control factor ("P") is ex-pressed as a percentage in parts (B) and (C) of thedefinition of adequate transmission capacity inthis chapter. M is computed as follows: The ratedhorsepower of each pump at high speed multi-plied by the number of pumps of the same type inthe pump station less one (1) pump of the sametype having the greatest rated horsepower, or theequivalent thereof as approved by the Director orthe Director's designee.

Multiple-chamber incinerator shall mean anyarticle, machine, equipment, contrivance, struc-ture or part of a structure, used to dispose ofcombustible refuse by burning, consisting of three(3) or more refractory-lined combustion chambersin a series, physically separated by refractory

walls, interconnected by gas passage ports orducts and employing adequate design parametersnecessary for maximum combustion of the mate-rial to be burned.

The refractories shall have a pyrometric coneequivalent of at least seventeen (17), tested ac-cording to the method described in the AmericanSociety for Testing [and] Materials, Method C-24.

Native plant species shall mean a plant specieswith a geographic distribution indigenous to all orpart of Miami-Dade County. Plants which aredescribed as being native to Miami-Dade Countyin botanical manuals such as, but not limited to,"A Flora of Tropical Florida" by Long and Lakelaand "The Biology of Trees Native to TropicalFlorida" by P.B. Tomlinson, are native plant spe-cies within the meaning of this definition. Plantspecies which have been introduced into Miami-Dade County by man are not native plant species.

Natural attenuation shall mean a method ofsite rehabilitation action which allows naturalprocesses to contain the spread of contaminantsand to reduce the concentration of contaminantsin groundwater and soil. Natural attenuationprocesses include, but are not limited to, diffusionand dispersion in conjunction with the following:sorption, biodegradation, chemical reactions, orvolatilization.

Natural forest community shall mean all standsof trees (including their associated understory)which were designated as Natural Forest Com-munities on the Miami-Dade County NaturalForest Community Maps and approved by theBoard of County Commissioners, pursuant toResolution No. R-1764-84. These maps may berevised from time to time by resolution in order toreflect current conditions and to insure that, at aminimum, the canopy and understory of desig-nated natural forest communities are dominatedby native plant species, as defined herein. TheDepartment shall evaluate the following addi-tional factors when reviewing existing and pro-posed natural forest community sites:

(1) The presence of endangered, threatened,rare or endemic species included on theFederal List of Endangered and Threat-ened Species, the Florida Game and FreshWater Fish Commission List of Endan-


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gered and Potentially Endangered Faunaand Flora in Florida, or the Miami-DadeCounty Comprehensive Development Mas-ter Plan List of Endangered, Threatened,Rare and Endemic Plants in Miami-DadeCounty.

(2) Overall plant species diversity of the site.

(3) Size of the trees.

(4) Size of the site.

(5) Wildlife habitat value of the site.

(6) Geological features of the site.

(7) Percentage of the site covered by exotic(non-native) species.

Within one hundred twenty (120) days of theeffective date of Ordinance Number 89-8, theDepartment shall develop a quantitative evalua-tion form incorporating the above factors to beused in evaluating natural forest community sites,and shall include a minimum quantitative thresh-old standard for inclusion on the revised naturalforest community maps. Said evaluation formmay be revised from time to time as appropriate,and shall be reviewed and approved by the Treeand Forest Resources Committee prior to its uti-lization.

Upon completion of the review of the existingnatural forest community maps, the Director shallrecommend to the Board of County Commission-ers that only those sites which meet the minimumquantitative threshold standard established inthe above-described evaluation form be main-tained on the list and that all other sites bedeleted. This shall not preclude the further addi-tion of sites to the maps. The Director shall alsorecommend to the Board of County Commission-ers that all applicable boundary changes be madeto all remaining sites.

Natural grade shall mean the ground elevationof a property prior to the placement of any fill onthe site.

Naturally occurring background concentra-

tions shall mean concentrations of contaminantswhich are naturally occurring in the groundwa-ter, surface water, soil or sediment in the vicinityof a site.

Nominal average power consumption shall meanthe total power consumption for the month of allof the pumps of the same type in the pump stationdivided by the number of days in the month andwhich is then divided by the total number of thesame type of pumps in the pump station less one(1) of the same type of pumps, or the equivalentthereof as approved by the Director or the Director'sdesignee, which is then averaged with the samecomputations performed for the previous eleven(11) months.

Nominal daily average pump station operating

time shall mean the total of the number of oper-ating hours for all nonvariable speed and non-multiple-speed pumps in the pump station for themonth divided by the number of days in themonth and which is then divided by the totalnumber of nonvariable speed and non-multiplespeed pumps in the pump station less one (1) ofthe same type of pumps, or the equivalent thereofas approved by the Director or the Director'sdesignee, which is then averaged with the samecomputations performed for the previous eleven(11) months.

Nonresidential development property shall meanany parcel of land which contains an imperviousarea and which is classified by the Miami-DadeCounty Property Appraiser as land use types 10through and including 49 and 70 through andincluding 99 as set forth in the Florida Adminis-trative Code Rule 12D-8.008(2)(c), as same maybe amended from time to time.

Nonstructural controls of stormwater shall meanany activity designed to reduce pollutant loadingof stormwater including, but not limited to, pol-lution prevention management policies and pub-lic education programs.

Nonviable shall mean not capable of existingand continuing to provide the biological or aes-thetic qualities associated with a healthy, func-tioning tree resource.

North Trail Basin shall mean a basin located inwestern Miami-Dade County comprising the fol-lowing lands:

Sections 33, 34, 35 and 36, Township 53 South,Range 39 East and, Government Lots 1, 2, 3and 4, Townships 53-54 South and, those por-


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tions of Sections 1, 2, 3 and 4, Township 54South, Range 39 East, which lie north of thenorth right-of-way line of the Tamiami Canal.

North Trail Wetland Basin shall mean thewetlands described below:

That portion of Section 3, Township 54 South,Range 39 East, lying north of U.S. Highway 41(Tamiami Trail); that portion of Section 4,Township 54 South, Range 39 East, lying northof U.S. Highway 41 (Tamiami Trail); Govern-ment Lot 2, located between Townships 53 and54 South, Range 39 East; Government Lot 3,located between Townships 53 and 54 South,Range 39 East and Government Lot 4, locatedbetween Townships 53 and 54 South, Range 39East, Miami-Dade County, Florida.

Nuisance shall mean and include the use of anyproperty, facilities, equipment, processes, prod-ucts or compounds, or the commission of any actsor any work that causes or materially contributesto:

(1) The emission into the outdoor air of dust,fume, gas, mist, odor, smoke or vapor, orany combination thereof, of a characterand in a quantity as to be detectable by aconsiderable number of persons or thepublic so as to interfere with their health,repose or safety, or cause severe annoy-ance or discomfort, or which tends tolessen normal food and water intake, orproduces irritation of the upper respira-tory tract, or produces symptoms of nau-sea, or is offensive or objectionable tonormal persons because of inherent chem-ical or physical properties, or causes in-jury or damage to real property, personalproperty or human, animal or plant life ofany kind, or which interferes with normalconduct of business, or is detrimental orharmful to the health, comfort, living con-ditions, welfare and safety of the inhabit-ants of this County.

(2) The discharge into any of the waters ofthis County of any organic or inorganicmatter or deleterious substance or chem-ical compounds, or any effluent contain-ing the foregoing, in such quantities, pro-portions or accumulations so as to interfere

with the health, repose or safety of anyconsiderable number of persons or thepublic, or to cause severe annoyance ordiscomfort, or which tends to lessen nor-mal food and water intake, or producessymptoms of nausea, or is offensive orobjectionable to normal persons becauseof inherent chemical or physical proper-ties, or causes injury or damage to realproperty, personal property, human, plantor animal life of any kind, or which inter-feres with normal conduct of business, oris detrimental or harmful to the health,comfort, living conditions, welfare andsafety of the inhabitants of this County.

(3) Any violation of provisions of this chapterwhich becomes detrimental to health orthreatens danger to the safety of personsor property, or gives offense to, is injuri-ous to, or endangers the public health andwelfare, or prevents the reasonable andcomfortable use and enjoyment of prop-erty by any considerable number of thepublic.

(4) Adverse environmental impact to a coastalor freshwater wetlands.

(5) Cumulative adverse environmental im-pact to a coastal or freshwater wetlands.

(6) Adverse environmental impact to environ-mentally-sensitive tree resources.

(7) Cumulative adverse environmental im-pact to environmentally-sensitive tree re-sources.

Odor shall mean that property of a substancewhich materially offends the sense of smell.

Oil-effluent water separator shall mean anytank, box, sump or other container in which anypetroleum or product thereof, floating on or en-trained or contained in water entering such tank,box, sump or other container, is physically sepa-rated and removed from such water prior tooutfall, drainage, or recovery of such water.

On-site domestic well system shall mean anywater supply system using a well and piping toprovide potable water for human consumption.


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On-site shall mean within the boundaries of afacility location, property or site including thosesites spatially separated by public or privaterights-of-way.

On-site retention shall mean the containmentand disposal of stormwater runoff by means otherthan positive drainage within the limits of theproject site.

Open outdoor fire shall mean any combustionof combustible material of any type outdoors, inthe open, not in any approved enclosure or device,where the products of combustion are not directedthrough a flue.

Out of service shall mean an undergroundstorage facility which is empty, does not havehazardous materials transferred into or with-drawn from the underground storage facility, isnot in active use and is in compliance with therequirements set forth in Chapter 62-761.800,Florida Administrative Code.

Outer wellfield protection zone shall mean themaximum extent of area protected by the wellfieldprotection provisions set forth in Chapter 24 ofthe Code of Miami-Dade County, Florida, for onewellfield or if a wellfield complex exists, themaximum extent of area protected by the wellfieldprotection provisions set forth in Chapter 24 ofthe Code of Miami-Dade County, Florida, as setforth in the wellfield protection maps adopted bythe Board of County Commissioners.

Overflow outfall shall mean a drainage struc-ture designed to discharge to an on-site or off-sitelocation any excess stormwater runoff after aninitial runoff volume has been retained on-site.

Overflow shall mean the discharge of sewagefrom any publicly or privately-owned or operatedsanitary sewer collection system or wastewatertreatment facility to the surface of the ground orto a surface water.

Overland sheet flow shall mean stormwaterrunoff flowing over an unrestricted ground sur-face area.

Owner-builder shall mean (an) owner(s) in feewho construct(s) no more than one (1) single-

family or duplex residence per year for personaluse and occupancy by said owner(s), and notintended for sale.

Ozone-depleting compound shall mean any ofthe substances identified in Section 602(a) andSection 602(b) of Title VI of the Clean Air ActAmendments of 1990 by the United States Envi-ronmental Protection Agency as contributing tothe depletion or destruction of the stratosphericozone layer of the Earth.

Particulate matter shall mean any materialwhich at standard conditions, is emitted into theatmosphere in a finely divided form as liquid orsolid or both, but shall not include uncombinedwater vapor.

Party or parties responsible for site rehabilita-

tion actions shall mean the discharger or, if thedischarger is unknown or the contamination wasthe result of a previously unreported discharge,the property owner or operator who is subject tothe provisions of Section 24-44(2).

Permeability shall mean the ability of an aqui-fer, soil, rock or other geological formation totransmit water.

Person shall be construed to include any natu-ral person, individual, public or private corpora-tion, firm, association, joint venture, partnership,municipality, governmental agency, political sub-division, public officer or any other entity what-soever, or any combination of such, jointly orseverally.

Point of discharge (POD) for a heated-water

discharge shall mean either that point at whichthe effluent physically leaves its carrying conduit(open or closed) and discharges into the waters ofthe State, or a specific point designated by theFlorida Department of Environmental Protectionfor that particular thermal discharge.

Pollution prevention shall mean the use ofmaterials processes, or practices that reduce oreliminate the creation of, or toxicity of, pollutantsor wastes at the source.

Pollution shall mean the presence of any for-eign substance (organic, inorganic, radiological,


3236Supp. No. 58

biological or thermal) in water which tends todegrade its quality so as to constitute a hazard orimpair the usefulness of the water.

Positive drainage shall mean the direct dis-posal of stormwater runoff by overland sheet flowor through a channel ditch, or closed pipe systeminto an on-site or off-site surface water body suchas, but not limited to, a lake, lagoon, river, canal,bay or the ocean.

Potable water shall mean water that is satis-factory for drinking, culinary and domestic pur-poses meeting the quality standards defined inthis chapter.

ppm (vol.) shall mean parts per million byvolume.

ppm (wt.) shall mean parts per million byweight and is equivalent to milligrams per liter.

Prepared ferrous scrap shall mean any scrapiron or steel which has been mechanically orotherwise processed into a raw material meetingany of the specifications contained in the ScrapSpecifications Circular 1993, published by theInstitute of Scrap Recycling Industries, Inc., Wash-ington, D.C. Guidelines for Ferrous Scrap.

Prescribed burning shall mean the process ofperiodic deliberate burning of a pineland in acontrolled manner taking into considerationweather and understory moisture conditions, forthe purposes of maintaining the pineland in anatural condition and for the promotion of pineregeneration.

Preservation area shall mean portions of a sitethat are to be protected from any tree or understoryremoval (except as required by the Department)and maintained without any development.

Primary pump station shall mean any pumpstation in a publicly or privately owned or oper-ated sanitary sewer collection system which di-rectly receives sewage flow from gravity sanitarysewers.

Privately owned or operated sanitary sewer

collection system shall mean any sanitary sewercollection and transmission facilities, includingthat located both on private property and within apublic right-of-way or easement, which is owned

or operated by any person other than Miami-DadeCounty, the state, the United States of America,or any municipality in Miami-Dade County.

Process weight per hour shall mean the totalweight of all materials, except uncombined water,introduced into any unit process, which processmay cause any discharge into the atmosphere.Solid fuels charged will be considered as part ofthe process weight, but liquid and gaseous fuels,combustion air, excess air, infiltrated and otherair added to the process, will not be so considered.The process weight per hour will be derived bydividing the total process weight by the number ofhours in one (1) complete operation from thebeginning of any given process to the completionthereof, excluding any time during which theequipment is idle.

Protective barrier shall mean a temporary fenceor other structure built to restrict passage into anarea surrounding a tree or stand of trees for thepurpose of preventing any disturbance to theroots, trunk or branches of the tree or trees.

Public water system shall mean plumbing forthe provision to the public of water for humanconsumption, such plumbing has at least fifteen(15) service connections or regularly serves anaverages of at least twenty-five (25) individualsdaily at least three (3) months out of the year orserves at least five (5) individuals and is not asingle-family residence or a duplex residence.Such term includes:

(1) Any collection, treatment, storage anddistribution facilities under control of theoperator of such system and used prima-rily in connection with such system, and

(2) Any collection or pretreatment storagefacilities not under such control which areused primarily in connection with suchsystem.

Public water main shall mean any water mainin a public water system owned and operated by apublic utility.

Publicly owned or operated sanitary sewer col-

lection system shall mean any sanitary sewercollection and transmission facilities, includingthat portion of the sewage lateral connectionlocated within a public right-of-way or easement,


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which is owned or operated by Miami-Dade County,the state, the United States of America, or anymunicipality in Miami-Dade County.

Publicly owned treatment works (POTW) shallmean any device or system that is used in thetreatment (including recycling and reclamation)of sewage and that is owned by a state, county, ormunicipality. Sewers, pipes, or other conveyancesare included only if they convey sewage to aPOTW.

Rare, threatened and endangered species shallinclude all species classified as endangered, threat-ened or rare by Sections 581.185—581.187 andChapter 372 of the Florida Statutes, as amendedfrom time to time; or by Appendix A or B of theComprehensive Development Master Plan for Mi-ami-Dade County, Florida, as amended from timeto time.

Rated multiple-speed pump station motor horse-

power shall mean the sum of the rated horse-power for the same type of pumps in the pumpstation less the rated horsepower of the one (1)pump of the same type having the greatest ratedhorsepower, or the equivalent thereof as approvedby the Director or the Director's designee.

Rated variable-speed pump station motor horse-

power shall mean the sum of the rated horsepow-ers for the same type of pumps in the pumpstation less the rated horsepower of the one (1)pump of the same type having the greatest ratedhorsepower, or the equivalent thereof as approvedby the Director or the Director's designee.

Recreational boat docking facility shall mean aboat docking facility which has boat slips, moor-ings, vessel tieup spaces, or davit spaces of whichfifty (50) percent or more are designated for orcontain recreational vessels.

Recreational vessel shall mean any vessel usedby its owner or operator for noncommercial pur-poses.

Refrigerant shall mean any substance contain-ing any ozone-depleting compound which is uti-lized in any refrigeration system.

Refrigeration system shall mean any refrigera-tor, freezer, chiller, cold storage warehouse, refrig-eration unit, or any kind of air conditioner (mo-bile, portable, stationary, motor vehicle).

Relocated tree shall mean a tree which hasbeen transplanted pursuant to Ordinance Num-ber 89-8 and which continues to be viable at leastone (1) year after transplanting.

Replacement tree shall mean a shade tree,small tree, or palm tree required to be plantedpursuant to the provisions of Ordinance Number89-8.

Residential developed property shall mean anyparcel of land which contains an impervious areaand which is classified by the Miami-Dade CountyProperty Appraiser as land use types 00 throughand including 09 and land use types 50 throughand including 69 if said land use contains asingle-family or multifamily residence, as set forthin Florida Administrative Code Rule 12D-8.008(2)(c), as same may be amended from time totime.

Resource recovery and management facility shallmean any facility the purpose of which is disposal,recycling, incineration, processing, storage, trans-fer, or treatment of solid or liquid waste; but forthe purpose of permitting does not include sewagetreatment, industrial waste treatment, or facili-ties exclusively within State or federal jurisdic-tion.

Retention pond shall mean an open basin whichintercepts the groundwater table and is used forthe storage and ultimate disposal of stormwaterrunoff by evaporation and seepage.

Right-of-way shall mean a strip of ground ded-icated by the subdivider, or deeded by the owner,for public use.

Ringelmann Chart shall mean the method ofestimating smoke density described in U.S. Bu-reau of Mines Information Circular 7718.

Risk Reduction shall mean the lowering orelimination of the level of risk posed to humanhealth or the environment through interim reme-dial actions, remedial action, or institutional,and, if applicable, engineering controls.


3238Supp. No. 58

Road shall mean any cleared, plowed, bull-dozed, filled, graded, excavated or paved area,elevated boardwalk or roadway used or capable ofbeing used for the passage of vehicles or persons.Roads shall not mean tracks used or capable ofbeing used solely by off-road vehicles such asairboats, swamp buggies and all-terrain vehicles.

Rockmining shall mean the dredging or exca-vation of an area for the purpose of extractingsubsurface materials. Rockmining shall also in-clude ancillary property uses necessary for ex-tracting and processing subsurface materials.

Rockplowing shall mean the alteration ofwetlands by breaking up the limestone surface ofa wetland in preparation for agriculture. Rockplow-ing may include the regrading of surface materi-als into planting beds at elevations sufficientlyhigh to protect crops from flooding.

Rooming unit shall mean any room or group ofrooms, forming a single habitable unit, used orintended to be used for living and sleeping but notfor cooking or eating purposes.

Root ball shall mean a group of roots extendingfrom the base of a tree trunk that must be intactwhen relocating a tree in order to promote sur-vival of the tree.

Sanitary nuisance shall mean the commissionof any action, by an individual, municipality,organization or corporation, or the keeping, main-taining, propagation, existence or permission ofanything, by an individual, municipality, organi-zation or corporation, by which the health or lifeof an individual or the health or life of individu-als, may be threatened or impaired or by which orthrough which, directly or indirectly, disease maybe caused.

Sanitary sewer shall mean a conduit which is apart of a gravity or pressurized force main systemwhich receives and transports waste water fortreatment and disposal.

Secondary containment system shall mean animpervious layer of materials which is installedso that any volume of hazardous materials whichmay be discharged from an underground storagefacility will be prevented from contacting theenvironment outside said impervious layer for the

period of time necessary to detect and recover allthe discharged hazardous materials. Materials ordevices used to provide a secondary containmentsystem may include concrete, impervious liners,slurry walls, double-walled tanks, double-walledpiping or other devices or materials approved bythe Director or the Director's designee.

Seepage shall mean the introduction of waterinto a subsurface excavation from which the wa-ter enters the groundwater. Said excavation shallnot exceed a depth of two (2) feet below theaverage yearly highest groundwater elevation de-scribed in the Miami-Dade County Public WorksManual as same may be amended from time totime.

Seepage trench or slab covered trench shallmean a trench cut into a rock strata supporting areinforced concrete slab and providing the neces-sary wall and bottom areas required for exfiltra-tion of stormwater.

Septic tank shall mean any settling tank inwhich the settled sludge is in immediate contactwith sewage flowing through the tank therebyallowing the organic solids to be partially decom-posed by putrefaction, i.e., anaerobic bacterialaction.

Sewage lateral connection shall mean the pipe(s)which transmits wastewater from a building, res-idence or facility to a publicly or privately-ownedor operated gravity sanitary sewer collection sys-tem.

Sewage loading shall mean the estimated av-erage amount of waste water generated by theactual and projected use of a property as a func-tion of the unsubmerged area of said property.Abutting easements and rights-of-way shall beincluded to the center lines thereof in calculatingthe unsubmerged area of the property.

Sewer service area shall mean that portion of apublicly or privately owned or operated sanitarysewer collection system which contributes sewageflow to a particular primary pump station.

Sewer subsystem shall mean a portion of apublicly or privately owned or operated sanitarysewer collection system which discharges sewageto a particular key manhole.


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Sewer system infiltration shall mean the intro-duction of groundwater into any publicly or pri-vately owned or operated gravity sanitary seweror pump station wet well.

Shredder residue shall mean the predomi-nantly non-metallic solid material including, with-out limitation, plastic, broken glass, rubber, foamrubber, soil and fabric, resulting from the shred-ding of ferrous metals such as, but not limited to,scrap automobiles and appliances.

Shrub shall mean a self-supporting woody pe-rennial plant of low to medium height character-ized by multiple stems and branches continuousfrom the base.

Site plan shall mean a drawing having a scalesufficient to provide the following information:Location of all proposed or existing buildings,septic tanks, utility easements, fences, walls, park-ing areas, driveways, access roads, setbacks, andany other site development.

Site rehabilitation action or SRA shall meansource removal, if applicable, site assessmentand, if required, one or more of the following: riskassessment, monitoring or remediation. Thesesite rehabilitation actions serve to characterizethe nature and extent of contamination and toreduce the levels of contaminants through appli-cable treatment methods to comply with theclean-up target levels (CTLs) set forth in thischapter.

Small quantity generator of hazardous waste

shall mean any person who brings into existencea quantity of fifty-five (55) gallons or less ofhazardous waste during any one (1) period ofthree hundred sixty-five (365) consecutive days.However, within the average day pumpage wellfieldprotection area of the Miami Springs LowerWellfield, Miami Springs Upper Wellfield, Hi-aleah Wellfield and John E. Preston Wellfield, asmall quantity generator of hazardous waste shallmean any person who brings into existence aquantity of fifty-five (55) gallons or less of hazard-ous waste during any one (1) period of one hun-dred twenty (120) consecutive days.

Smoke shall mean the solid particles producedby incomplete combustion or organic substances,including, but not limited to, particles, fly ash,cinders, tarry matter, soot and carbon.

Solid waste shall mean garbage, rubbish, refuse,trash, yard trash, construction and demolitiondebris, or other discarded material, includingsolids or contained gaseous material resultingfrom domestic, industrial, commercial, mining,agricultural, or governmental operations. How-ever, subsurface materials which do not containhazardous materials and which are extracted as aresult of rockmining are not included in thisdefinition.

Source bed shall mean the stratum or stratafrom which water is drawn in the well.

Source gas volume shall mean the volume, instandard cubic feet, of all gases leaving a sourceoperation; and the boundary of a source operationis that point or surface at which the separation ofthe air contaminants from the process materials,or the conversion of the process materials into aircontaminants, is essentially complete.

Source operation shall mean the last operationpreceding the emission of an air contaminant,which operation:

(1) Results in the separation of the air con-taminant from the process material or inthe conversion of the process materialsand air contaminants, as in the case ofcombustion fuel; and

(2) Is not an air pollution abatement opera-tion.

South Miami Heights Wellfield Complex shallmean the following wellfields: South MiamiHeights, Roberta Hunter Park, Caribbean Parkand Rockpit 77 Park wellfields.

Specimen tree shall mean a tree with anyindividual trunk which has a DBH of eighteen(18) inches or greater, provided, however, that thefollowing trees are not specimen trees:

(1) All trees listed in Section 24-49(4)(f).

(2) Non-native fruit trees that are cultivatedor grown for the specific purpose of pro-


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ducing edible fruit, including, but notlimited to, mangos, avocados, or species ofcitrus.

(3) Non-native species of the genus Ficus.

(4) All multitrunk trees in the palm family,except Acoelorrhaphe wrightii and Phoe-nix reclinata which have a minimum over-all height of fifteen (15) feet.

SRA (see Site rehabilitation action)

Standard conditions shall mean a pressure offourteen and seven-tenths (14.7) pounds per squareinch, absolute, and a temperature of sixty (60)degrees Fahrenheit. Results of all analyses andtests shall be calculated or reported at this gastemperature and pressure.

Standard sample is taken to mean that for thebacteriological test it shall consist of:

(1) For the bacteriological fermentation tubetest, five (5) standard portions of either:

(a) Ten milliliters (10 ml).

(b) One hundred milliliters (100 ml).

(2) For the membrane filter technique, notless than fifty milliliters (50 ml).

State of Florida Conservation and Recreation

Lands Trust Fund shall mean a fund establishedunder Florida Statutes Chapter 375 (as amendedfrom time to time) for the purposes of purchasingenvironmentally-sensitive land.

State-approved plant nursery shall mean abusiness actively engaged in propagating, grow-ing, maintaining and selling tree species that hasbeen licensed to conduct such business by theState of Florida or Miami-Dade County.

Storm sewer shall mean any conduit which isdesigned to carry stormwater runoff.

Stormwater infrastructure shall mean the struc-tural, nonstructural or natural features of a par-cel of land or watershed which collect, convey,store, absorb, inhibit, treat, use, reuse, or other-wise affect the quantity or quality of stormwater.

Stormwater management area shall mean thatportion of a tract of land which shall be left atnatural grade (unfilled), filled to an elevation noless than four (4) inches above the seasonal high

water table, or excavated below natural grade forthe purposes of: managing water which resultsfrom rainfall, storing water in the Biscayne Aqui-fer and recharging the Biscayne Aquifer.

Stormwater management program shall meanthe same term as defined by Section 403.031(14),Florida Statutes, as same may be amended fromtime to time.

Stormwater management system shall meanthe same term as defined by Section 403.031(15),Florida Statutes, as same may be amended fromtime to time.

Stormwater runoff shall mean the excess rain-fall precipitation which runs over the groundsurface when the rate of rainfall precipitationexceeds the rate of infiltration of stormwater intothe ground.

Stormwater shall mean the water which re-sults from rainfall.

Stormwater utility shall mean the same termas defined by Section 403.031(16), Florida Stat-utes, as same may be amended from time to time.

Structural controls of stormwater shall meanphysical devices used to control stormwater in-cluding, but not limited to, levees, dikes, pumpstations, spillways, locks, embankments, road-ways, lakes, retention ponds, and detention ponds.

Substantial reduction in recharge of water to

the Biscayne Aquifer shall mean a reduction innatural infiltration rates or reduction of volumeof surface water from a defined area; or transpor-tation of surface waters off-site to the extent thata site's natural hydrological regimen is changed.

Surcharged gravity sanitary sewer shall meana condition during which a gravity sanitary sewercontains sewerage flows above the crown of thepipe.

Test well (see Monitoring well)

Top pruning shall mean the removal of anydistal branches or limbs of a mangrove tree whichwill result in the reduction in the overall height ofthe mangrove tree.

Total hazardous organic materials (THOM) shallmean the sum of all quantifiable concentration


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values of organics presumed to be hazardousmaterials by the designation of the Board ofCounty Commissioners pursuant to Section 24-5of the Code of Miami-Dade County, Florida.

Total metals shall mean the sum of the concen-tration of copper, nickel, total chromium, andzinc.

Total toxic organics (TTO) shall mean the sumof all quantifiable concentration values of thoseorganics set forth in 40 CFR 413 and 40 CFR 433of the Code of Federal Regulations, and Xylene.

Transitional Northeast Everglades shall meanthe wetlands within the following geographicboundaries:

Beginning at a point on the north right-of-wayline of theoretical N.W. 12th Street as it inter-sects the east side of the Miami-Dade-Browardlevee, thence run northerly along the east sideof the Miami-Dade-Broward levee for approxi-mately 10 miles to its point of intersection withthe eastern right-of-way line of the State Road997 (Krome Avenue); thence, run northeasterlyalong the eastern right-of-way line of saidState Road 997 (Krome Avenue); to its intersec-tion with the west right-of-way line of U.S.Highway 27 (Okeechobee Road); thence runsoutheasterly along said west right-of-way lineof U.S. Highway 27 (Okeechobee Road); to itsintersection with the western right-of-way lineof the Homestead Extension of Flordia's Turn-pike; thence run southerly along said westernright-of-way line of the Homestead Extensionof Florida's Turnpike; for approximately 8 milesto theoretical N.W. 12th Street; thence runwesterly along theoretical N.W. 12th Street tothe point of beginning.

Beginning at a point on the south right-of-wayline of U.S. Highway 41 as it intersects thewest right-of-way line of State Road 997; thencerun southerly along the west right-of-way lineof State Road 997 for approximately 4 miles tothe southeast corner of Section 25, Township54 South, Range 38 East; thence run westerlyfor approximately 1 mile along the south sec-tion line of said Section 25 to its intersectionwith the east right-of-way line of Levee 31N;thence run northerly for approximately 4 milesalong the east right-of-way line of Levee 31N to

its intersection with the south right-of-way lineof U.S. Highway 41; thence run easterly forapproximately 1 mile to the point of beginning.

Transmissivity shall mean the rate at whichgroundwater is transmitted through a unit widthof aquifer under a unit hydraulic gradient.

Trash shall mean solid waste comprised of yardtrash or construction and demolition debris, andshall include but not be limited to paper, card-board, cloth, glass, plastics, street sweepings, andvehicle tires.

Travel time shall mean the period of time indays or equivalent distance in feet for groundwa-ter to travel from one (1) point in an aquifer toanother point in the aquifer.

Tree island shall mean a vegetative communitylocated within freshwater wetlands whose domi-nant vegetative components consist of native hard-wood trees and shrubs.

Tree removal shall mean directly or indirectlycutting down, destroying, removing or relocating,or effectively destroying (through damaging, trim-ming, authorizing or allowing the cutting down,destroying, removing, moving or damaging of)any tree.

Tree shall mean a woody or fibrous perennialplant with a trunk having a minimum DBH ofthree (3) inches or with an overall height of twelve(12) or more feet. Tree shall not include anymangrove tree as defined in Section 24-5.

Tree survey shall mean a drawing overlaiddirectly upon the site plan sufficient to providethe following information:

(1) The location, plotted by accurate tech-niques, in relation to all proposed devel-opment, of all existing trees which areproposed to be destroyed, relocated orpreserved,

(2) The common and scientific name of eachtree,

(3) The DBH of each tree, or if a multipletrunk tree, the sum DBH for all trunks,and

(4) An estimate of the height of the canopy.


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Tree well shall mean a soil retaining structuredesigned to maintain the existing natural groundelevation beneath a tree to preserve the tree whenthe surrounding area is filled to raise the groundelevation. Tree wells shall have a minimum ra-dius of three (3) feet from the trunk of the treeand a maximum radius of ten (10) feet from thetrunk of the tree.

Underground storage facility shall mean a tank,pipe, vessel or other container, or any combina-tion of the foregoing, used or designed to be usedfor the underground storage or underground trans-mission of hazardous materials, including but notlimited to line leak detectors, monitoring wells,continuous automatic leak detection systems andsecondary containment system associated there-with, excluding hydraulic lift systems, excludingsanitary sewers, septic tanks, septic tankdrainfields, the primary pipeline transmitting jetfuel from Port Everglades to Homestead Air Base,and any other primary pipeline transmitting haz-ardous materials from one (1) county to anothercounty. Underground storage facilities have ten(10) percent or more of their total volume belowthe surface of the ground.

Understory shall mean the complex of woody,fibrous, herbaceous, and graminoid plant speciesthat are typically associated with a natural forestcommunity.

Unmaintained underground storage facility shallmean an underground storage facility which wasnot or is not properly closed or placed out ofservice in accordance with the rules and regula-tions of the State of Florida and Section 24-45(6)of this Code and for which there is neither a validoperating permit issued pursuant to Section 24-18(2) of this Code nor, a valid registration placardissued by the State of Florida Department ofEnvironmental Protection.

Unsubmerged land shall mean any land whichmeets or exceeds the minimum elevation requiredby Miami-Dade County flood criteria.

Vacuum assist system shall mean a gasoline orgasohol vapor recovery system that uses a vac-uum generating device to create a vacuum in the

vapor return line from the nozzle boot to theunderground storage tank during motor vehiclerefueling.

Vapor shall mean any mixed material in agaseous state which is deformed from a substanceusually a liquid, by increased temperature.

Vessel shall mean a watercraft, boat, ship,yacht, barge, canoe, or kayak, used or capable ofbeing used as a means of transportation on water.Vessel shall not mean a floating structure asdefined in Section 24-5. Notwithstanding that thefloating structure has previously been used as ameans of transportation on water or is capable ofbeing used as a means of transportation on water,vessel shall not mean a floating structure asdefined in Section 24-5.

Vessel tieup space shall mean an area abuttinga bulkhead or shoreline where a vessel may besecured.

Waste discharge shall mean any outfall, ditch,pipe, soakage pit, drainage well, drainfield, or anyother method or device by which treated or un-treated sewage, industrial waste, or other wastescan enter the surface waters, tidal salt water, orgroundwaters, so as to cause water pollution asherein defined.

Water dependent use shall mean a use whichcannot exist or occur without association withmarine, freshwater or estuarine water masses.

Water pollution shall mean the introduction in,on or upon any surface water or ground water, ortidal water, of any organic or inorganic matter ordeleterious substances in such quantities, propor-tions, accumulations or levels which exceed any ofthe clean-up target levels (CTLs) set forth inSection 24-44, or which are injurious to human,plant, animal, fish and other aquatic life, orproperty, or which unreasonably interfere withthe comfortable enjoyment of life or property, orthe conduct of business.

Water system shall mean a system which sup-plies water for drinking, culinary, fire, industrial,commercial, or domestic purposes.

Watershed shall mean the same term as de-fined by Section 403.031(17), Florida Statutes, assame may be amended from time to time.


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Wellfield complex shall mean two or morewellfields which: a.) provide raw water to thesame water treatment facility or provide rawwater to interconnected water treatment facilitiesfor treatment of raw water from the same wellfieldand, b.) which wellfields are within the sameouter wellfield protection zone.

Wet retention shall mean the disposal ofstormwater runoff to a storage basin having abottom elevation lower than one (1) foot below theaverage October groundwater level as set forth inthe Miami-Dade County Public Works Manual,Part II, Section D4, dated September 1, 1974, asmay be amended from time to time.

Wetlands shall mean those areas as defined inChapter 373, Florida Statutes, as same may beamended from time to time.

Work shall mean any project, activity, or anyartificial or man-made alteration of the environ-ment, including, but not limited to, the construc-tion or maintenance of roads; landclearing; trim-ming or cutting of a mangrove tree(s); dredging;filling; construction or placement of structures,floating structures, fixed structures, facilities ordwellings; excavations; or rockplowing.

Yard trash shall mean solid waste comprised ofvegetative matter resulting from landscaping main-tenance or land clearing operations and shallinclude, but not be limited to, Melaleuca, Austra-lian pine, Brazilian pepper and other tree andshrub trimmings, grass clippings, palm fronds,trees and tree stumps, and soils not containingany hazardous materials.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 05-196, § 1, 11-3-05; Ord. No. 06-125, § 1, 9-12-06;Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-6. Director of the Miami-Dade

County Department of Environ-

mental Resources Management—

Office created; appointment; term;

exempt from classified service and

merit system; compensation; assis-

tants; operating procedures.

The office and position of Director of the Miami-Dade County Department of Environmental Re-sources Management, is hereby created and es-

tablished. The Director of the Miami-Dade CountyDepartment of Environmental Resources Manage-ment, shall be appointed by and serve at the willof the County Manager. Such Director shall bechosen by the Manager on the basis of his quali-fications and experience in the field of air andwater pollution controls, and the Director shall bea professional engineer registered to practice inthe State of Florida under the provisions of Chap-ter 471, Florida Statutes, or he shall becomeregistered within eighteen (18) months after thedate of appointment, or he shall have at least abachelor's degree from an accredited university ina field which will, in the Manager's judgment,technically qualify him to discharge the dutiesimposed by this chapter. The Office of Director ofthe Miami-Dade County Department of Environ-mental Resources Management, shall constitute aposition exempted from the classified service ofMiami-Dade County and the State merit system.The salary for such position shall be fixed by theBoard of County Commissioners. The Directorshall serve under the administrative jurisdictionof the County Manager and subject to the directsupervision of the County Manager. The CountyManager shall appoint such assistants to theDirector as may be necessary in order that theduties of the Director may be performed properly.The organization and administrative operatingprocedures of such County office and its relation-ship and coordination with other County depart-ments shall be established and placed in effect,from time to time, by administrative order of theCounty Manager, but the Manager shall not haveany power to modify the duties imposed upon theDirector by this chapter or the procedures pre-scribed herein for the performance of such duties.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-7. Same—Duties and powers.

The duties, functions, powers and responsibil-ities of the Director of the Miami-Dade CountyDepartment of Environmental Resources Manage-ment, shall include the following:

(1) The enforcement of the provisions of thischapter and the rules and regulationspromulgated hereunder, all rules and reg-ulations of the Florida Department of


3244Supp. No. 58

Environmental Protection pertaining toair and water pollution and the FederalPretreatment Standards, promulgated un-der the authority of Section 307 of theFederal Clean Water Act, as incorporatedin this chapter.

(2) Investigate complaints, study and ob-serve air and water pollution conditions,institute actions necessary to abate nui-sances caused by air and water pollution,and prosecute proceedings for violationsof this chapter.

(3) Make appropriate surveys, tests and in-spections to determine whether the provi-sions of this chapter are being compliedwith, and whether air and water pollutionis being effectively controlled throughoutthis County.

(4) Make inspections of property, facilities,equipment and processes operating underthe provisions of this chapter to deter-mine whether the provisions of this chap-ter are being complied with, and makerecommendations for methods by whichair and water pollution may be reduced oreliminated.

(5) Maintain and review all operating recordsrequired to be filed by persons operatingfacilities and equipment subject to theprovisions of this chapter and as requiredby 40 CFR 403.8 and 40 CFR 403.12,Federal Pretreatment Regulations.

(6) Render all possible assistance and techni-cal advice to persons operating equip-ment, facilities and processes, the use ofwhich may cause air or water pollution,provided that the Director or the Director'sdesignee shall not design equipment orfacilities for any person.

(7) Establish, operate and maintain a contin-uous program for monitoring air and wa-ter pollution by means of countywide airand water quality surveillance networksdesigned to provide accurate data andinformation as to whether the require-ments of this chapter are being complied

with and whether the level of air andwater pollution is increasing or decreas-ing throughout this County.

(8) Publish and disseminate information tothe public concerning air and water pol-lution and recommended methods for de-creasing and eliminating pollution. Addi-tionally, publish annually a list of industrialusers in significant noncompliance in ac-cordance with the requirements of 40 CFR403.8(f)(2)(vii), Federal Pretreatment Reg-ulations.

(9) Render assistance to the State of FloridaDepartment of Environmental Protectionin connection with the review of plans,specifications and processes filed in accor-dance with the requirements of this chap-ter.

(10) Render all possible cooperation and assis-tance to federal, State and local agenciesin the accomplishment of the effectivecontrol of air and water pollution.

(11) Enlist and encourage public support, andthe assistance of civic, technical, scientificand educational organizations, and thecooperation of industrial and business en-terprises and organizations.

(12) Make periodic reports concerning the sta-tus of air and water pollution in thisCounty and the enforcement of the provi-sions of this chapter, and recommenda-tions concerning the improvement of pol-lution requirements. Such reports shallbe filed with the County Manager andmade available to the County Commis-sion, the State of Florida Department ofEnvironmental Protection, and other cog-nizant agencies.

(13) Make continuing studies and periodic re-ports and recommendations for the im-provement of air and water pollution con-trols in the County, and work in cooperationwith the State of Florida Department ofEnvironmental Protection, the UnitedStates Public Health Service and other


3245Supp. No. 58

appropriate agencies and groups inter-ested in the field of air and water pollu-tion.

(14) Investigate air and water pollution con-trol programs and activities in operationin other areas and to make recommenda-tions for the improvement of the regula-tion, administration and enforcement ofpollution controls in this County. Publi-cize the importance of adequate pollutioncontrols, to hold public hearings, discus-sions, forums and institutes, and arrangeprograms for the presentation of informa-tion by experts in the field of air andwater pollution, and visit and study pol-lution control programs conducted in othermetropolitan areas, subject to budget lim-itations.

(15) (a) Whenever evidence has been ob-tained or received establishing thata violation of this chapter has beencommitted, the Director or theDirector's designee, shall issue a no-tice to correct the violation or a cita-tion to cease the violation and causethe same to be served upon the vio-lator by personal service or certifiedmail or by posting a copy in a con-spicuous place on the premises of thefacility causing the violation. Suchnotice or citation shall briefly setforth the general nature of the vio-lation and specify a reasonable timewithin which the violation shall berectified or stopped, commensuratewith the circumstances. Reasonabletime herein means the shortest prac-ticable time to rectify or stop theviolation. If notice to correct the vi-olation or citation to cease the viola-tion is not obeyed within the time setforth therein, the Director or theDirector's designee, shall have thepower and authority to issue an or-der requiring the violator to restrict,cease or suspend operation of thefacility causing the violation untilthe violation is corrected. Any ordersissued by the Director or the Director's

designee, hereunder may be enforcedby suit brought by the Director inthe appropriate court of competentjurisdiction.

(b) Whenever a violation of this chapterhas been committed, the Directormay initiate proceedings against theviolator in the appropriate court forsuch violation, whether or not a no-tice to correct the violation or cita-tion to cease the violation has beenissued by the Director or the Director'sdesignee.

(c) The Director or the Director's desig-nee, may, in the Director's or theDirector's designee's discretion, ter-minate an investigation or an actioncommenced under the provisions ofthis chapter upon execution of a writ-ten consent agreement between theDirector, or the Director's designee,and the persons who are the subjectsof the investigation or action. Theconsent agreement shall provide writ-ten assurance of voluntary compli-ance with all the applicable provi-sions of this chapter by said persons.The consent agreement may, in thediscretion of the Director, or theDirector's designee, provide the fol-lowing: environmental mitigation;compensatory damages; punitivedamages; civil penalties; costs andexpenses of the County in tracingthe source of any discharge, in con-trolling and abating the source of thepollutants and the pollutants them-selves, and in restoring the air, wa-ters, ground and property, includinganimal, plant and aquatic life, of theCounty in accordance with the pro-visions of this chapter; costs of theCounty for investigation, enforce-ment, testing, monitoring, and liti-gation, including attorneys' fees; andremedial or corrective action. An ex-ecuted written consent agreementshall neither be evidence of a priorviolation of this chapter nor shall


3246Supp. No. 58

such agreement be deemed to im-pose any limitation upon any inves-tigation or action by the Director, orthe Director's designee, in the en-forcement of this chapter. The con-sent agreement shall not constitutea waiver of or limitation upon theenforcement of any federal, State orlocal laws and ordinances. Executedwritten consent agreements arehereby deemed to be lawful orders ofthe Director, or the Director's desig-nee. Each violation of any of theterms and conditions of an executedwritten consent agreement shall con-stitute a separate offense under thischapter by the person who executedthe consent agreement, their respec-tive officers, directors, agents, ser-vants, employees and attorneys; andby those persons in active concert orparticipation with any of the forego-ing persons and who receive actualnotice of the consent agreement. Eachday during any portion of which eachsuch violation occurs constitutes aseparate offense under this chapter.Decisions and actions of the Directoror the Director's designee, pursuantto Section 24-7(15)(c) of this Codeand written consent agreements ex-ecuted thereunder, shall not be sub-ject to review pursuant to Section24-11 of the Code of Miami-DadeCounty, Florida.

(16) In the event a violation of this chaptercreates a health hazard or threatens seri-ous damage to the public health, aquaticlife or property, or creates a nuisance asherein defined, the Director or theDirector's designee shall have the powerand authority to order immediate cessa-tion of the operations causing such condi-tions. Any person receiving such an emer-gency order for cessation of operation shallimmediately comply with the require-ments thereof. It shall be unlawful for anyperson to fail or refuse to comply with anemergency order issued and served underthe provisions of this section. Any person

who is convicted of willfully failing orrefusing to comply with such an emer-gency order shall be punished by a finenot exceeding five hundred dollars($500.00) or by imprisonment in the CountyJail for not more than sixty (60) days, orboth, in the discretion of the appropriatecourt. Each day during which the willfulfailure or refusal to comply with such anemergency order continues shall consti-tute a separate offense.

(17) In addition to and not limited by anyother provision or remedy of this chapter,the Director shall have the power andauthority to order a moratorium on theissuance of building permits by any Countyor municipal agency should it be deter-mined:

(a) That violations of this chapter haveoccurred or may be reasonably antic-ipated to occur, or that the physicallimitations of the public or privatewater or sewage system have or willbe met so as to endanger or threatenthe public health, aquatic life or prop-erty or creates a nuisance; and

(b) That such a situation can reasonablybe anticipated to deteriorate by theissuance of additional building per-mits that require added or new de-mands being made on the water orsewage system involved.

(18) Perform such other administrative dutiesas may be assigned by the County Man-ager.

(19) To appoint with the approval of the CountyManager, deputies who are hereby empow-ered to perform the duties of the Director,as provided by this chapter, subject to theDirector's control.

(20) Where necessary the Director and dulyauthorized deputies of the Director arehereby empowered to seek all search war-rants reasonable and necessary to carryout their powers and duties as establishedby this chapter, in accordance with therequirements of the Constitutions of theUnited States and the State of Florida,


3247Supp. No. 58

the Laws of Florida, and in accordancewith the procedures established by theCode of Miami-Dade County, Florida.

(21) The powers and duties enumerated inthis section shall be in addition to and nota limitation of any other power or dutyspecifically granted to the Director by anyother provision of this chapter.

(22) Whenever this chapter specifies the needfor approval, a determination, permits,review or the promulgation of standardsor criteria by an undisclosed entity, saidapproval, review, permitting, or promul-gation shall be the duty and responsibilityof the Director, unless otherwise specifi-cally provided, subject to the manner andmode of review set in Section 24-11 of theCode. Said approvals, determinations, de-cisions to permit, and the promulgation ofstandards and criteria shall be based upongenerally accepted concepts and stan-dards of the particular professional disci-pline concerned.

(23) The Board of County Commissionershereby authorizes the establishment ofCountywide water control, coastal engi-neering and wetlands management pro-grams, and vests in the Director the ad-ministration of said programs. A platshowing existing and proposed water-control facilities and their general loca-tions is hereby adopted and made a partof this chapter, said plat being identifiedas amended plat of Miami-Dade CountyWater Control Plan recorded in August,1972, in plat book 94, page 4. The amendedwater control plan may be further revisedat any time by resolution of the Board ofCounty Commissioners. Authority for ad-ministering said program includes, but isnot limited to, the power to:

(a) Establish, adopt, and implement wa-ter control, coastal engineering andwetlands management programs, asmay be necessary or appropriate forprevention and control of floods,drainage, water conservation, pre-vention of saltwater encroachment,

protection against pollution, safe-guard of water supplies, protectionof beaches, shorelines, and wetlandsareas and the best use of all thewater, shoreline and wetland re-sources of Miami-Dade County.

(b) Administer the processing of prop-erty right exchanges and advise theBoard of County Commissioners onthe acquisition by gift, donation, ded-ication, purchase, condemnation orotherwise of such lands as may benecessary for aforesaid purposes ofwater control, beach and wetlandsmanagement, all acquisitions to bein accord with such State and locallaws as may be applicable.

(c) Defray costs and expenses of saidwater control, coastal engineeringand wetlands management programs,including, but not limited to, thecosts of engineering, construction,operation, maintenance, lands, rights-of-way, alterations, cooperation withother agencies and authorities, all asauthorized herein, subject to Countybudgetary procedures and limita-tions.

(d) Determine, establish, and regulatewater levels in all parts of Miami-Dade County, including, but not lim-ited to, levels of bays, streams, ca-nals, ditches, lakes, borrow ditches,and the underground water table, bydams with or without locks or boatlifts, by gates, levees, or other facil-ities; providing, however, that saidauthority and powers are not to en-croach upon, be inconsistent with,and are in conjunction with the stat-utes, rules and regulations of appro-priate State and federal agencies asthey exist now and in the future.

(e) Administer programs for the preser-vation of beaches and shorelines, in-cluding cooperative federal, State,and local programs and projects; es-tablish standards and permitting pro-cedures for the control of excavation


3248Supp. No. 58

in water areas, dredging and fillingand performing work in all saltwaterand wetland areas.

(f) Cooperate with appropriate federal,State, municipal and other local agen-cies. Any action(s) taken by the De-partment shall be taken only afterthe affected municipality(ies) has beennotified of the proposed action(s).

(g) Make and adopt reasonable rulesand regulations, subject to approvalof the Board of County Commission-ers by ordinance, for the administra-tion of said water control, coastalengineering and wetlands manage-ment programs, all such rules andregulations (within declared poli-cies, powers, and authorities grantedby the Board of County Commission-ers) having the force and effect oflaw and being enforceable under Sec-tion 24-29 of this Code.

(h) Require permits and set permit feesfor connecting any private or publicdrain, ditch, canal, storm sewer,outfall, inlet, intake, outlet or irriga-tion pipe with, into, through, or acrossany ditch, canal, waterway, culvertor other water-control facility underthe jurisdiction of Miami-DadeCounty.

(i) Require permits and set permit feesfor any type of public or privatecrossing over, under or within anyditch, canal, waterway, culvert orother such facility under the juris-diction of Miami-Dade County, in-cluding, but not limited to, bridges,footbridges, culverts, earthfills, pipe-lines and other obstructions of anykind, such as fences, barricades,dams, and the like.

(j) Require permits and set permit feesfor excavating, filling and perform-ing work in coastal areas and wetlandareas of Miami-Dade County, includ-ing, but not limited to, beach andshoreline alteration, beach nourish-

ment, and construction, installation,alteration or repairs of marinas,docks, piers, seawalls, fixed struc-tures, or floating structures, and con-struction of roads, fill pads, rockplow-ing and rockmining within theincorporated or unincorporated ar-eas of Miami-Dade County.

(k) Provide for permits and fees for ac-complishing, through contractors,land developers and others, the ex-cavation of ditches, canals, and in-stallation of water-control facilities,within the general limits of said pro-grams of water control, coastal engi-neering and wetlands management.

(l) Limit and control excavation or fill-ing of wetlands, channels, ditches,canals, or lakes in wetlands by indi-viduals, firms, corporations, miners,partnerships, joint ventures, estates,trusts, syndicates, fiduciaries, andall other associations and combina-tions whether public or private, in-cluding governmental agencies, tothe extent necessary for the preven-tion of pollution or further saltwaterencroachment and for the protectionof water recharge areas and wetlandand tidal habitats in Miami-DadeCounty.

(24) To require and issue Florida Departmentof Environmental Protection and SouthFlorida Water Management District per-mits as provided by law.

(25) Require that a comprehensive environ-mental impact statement be submittedfor any work or activity requiring a per-mit or permits issued by the Departmentor for any work or activity defined as anuisance in Chapter 24 of the Code ofMiami-Dade County, Florida, if, in theopinion of the Director, the work or activ-ity may result in adverse environmentalimpact. The Director shall only require acomprehensive environmental impactstatement if a comprehensive environmen-tal impact statement, as defined in this


3249Supp. No. 58

chapter, has not already been submittedas part of a federal, State or regionalpermit application.

(26) Order testing by any person who is or maybe responsible for a violation of this chap-ter, or who installs, modifies, repairs, ex-pands, replaces or operates any facilityunder the provisions of this chapter. Thedesign and nature of such testing shall beapproved by the Department prior to im-plementation of testing. Said testing shallbe accomplished and the results thereofsubmitted to the Department for reviewno later than such time as determined bythe Department.

(27) When a violation of this chapter has oc-curred or continues to exist or when theremay be an imminent endangerment to thepublic health or welfare or the environ-ment because of a threatened release ordischarge of a hazardous material, theDirector or the Director's designee may:

(a) Take action necessary to prevent suchviolation, and

(b) Restore the air, water, and property,including but not limited to animal,plant, and aquatic life affected bysaid violation.

This provision shall not be construed toprovide a defense to or otherwise relieveor limit the liability or responsibility ofany person violating the provisions of thischapter. Furthermore, the Director mayinstitute suit in a court of competentjurisdiction to recover the sums expendedby the County for the investigation andthe aforesaid restoration and preventionfrom the persons responsible. All sumsreceived by the Director pursuant to thisprovision shall be deposited by the Direc-tor into the fund from which said sumswere expended.

(28) The Board of County Commissionershereby authorizes the establishment of aCountywide Tree and Forest ResourcesProgram, and vests in the Director theadministration of said program. Author-

ity for administering said program in-cludes, but is not limited to, the power to:

(a) Make and adopt reasonable rulesand regulations subject to approvalof the Board of County Commission-ers by ordinance for the administra-tion of said Tree and Forest Re-sources Program, all such rules andregulations (within declared poli-cies, powers, and authorities grantedby the Miami-Dade County Board ofCounty Commissioners) having theforce and effect of law and beingenforceable under Section 24-29 withpenalties and liabilities set forth un-der Sections 24-30 and 24-31 of thisCode.

(b) Require permits under the provi-sions of Section 24-49, and set per-mit fees for the removal of trees, andunderstory where applicable, in un-incorporated areas of Miami-DadeCounty and municipalities in whichthis chapter is enforced by the De-partment.

(c) Limit and control the removal oftrees and understory in unincorpo-rated areas of Miami-Dade Countyand municipalities in which Ordi-nance Number 89-8 is enforced bythe Department under the provi-sions of Section 24-49 in order topreserve as many native trees andtheir understory and desirable non-native trees as possible.

(d) If the provisions of Section 24-49 orthe provisions of a tree ordinancepassed by a municipality are notadequately enforced by a municipal-ity, or if the municipal ordinancedoes not meet the minimum stan-dards of Ordinance Number 89-8,and it is the Department's intent toadminister Section 24-49 in said mu-nicipality, then the Director shallnotify the municipality by certifiedletter of the Department's intent and,following the municipality's receipt


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of the letter, the Department shallenforce Ordinance Number 89-8within the municipality.

(e) Require preparation and implemen-tation of management plans for nat-ural forest communities presentlyowned or managed by Miami-DadeCounty or those which are acquiredby Miami-Dade County in the fu-ture.All said management plans shallbe submitted to the Department forapproval within two (2) years of theeffective date of Ordinance Number89-8 or within one (1) year afteracquisition.

(f) Review the existing Miami-DadeCounty Natural Forest CommunityMaps and make recommendations tothe Board of County Commissionersconcerning the addition to or dele-tion of specific sites from said maps.Modify the boundaries of existingnatural forest communities, as indi-cated on the aforementioned maps,when it is determined that the ap-proved boundaries no longer accu-rately reflect the boundaries of anatural forest community as definedherein.

(29) Enlist or encourage cooperation by thegeneral public and public utilities owningor operating public water systems to im-plement voluntary water conservation mea-sures for prevention of contamination ofthe Northwest Wellfield.

(30) Order public utilities owning or operatingpublic water systems to reduce publicwater system pressure for the purpose ofconserving water to prevent contamina-tion of the Northwest Wellfield.

(31) Impose mandatory water conservation re-strictions in the unincorporated and incor-porated areas of Miami-Dade County toprevent contamination of the NorthwestWellfield.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-8. Environmental Quality Control

Board.

A Miami-Dade County Environmental QualityControl Board is hereby created and established,consisting of five (5) members appointed by theCounty Commission.

(1) Qualifications of members. Members ofthe Board shall be residents of Miami-Dade County who possess outstandingreputations for civic pride, interest, integ-rity, responsibility and business or profes-sional ability. Appointments shall be madeby the Board of County Commissioners onthe basis of experience or interest in thefield of air and water pollution. The com-position and representative membershipof the Board shall be as follows:

(a) Two (2) members shall be scientistspossessing Ph.D. degrees in biology.

(b) One member shall be a scientist pos-sessing a Ph.D. degree in biochemis-try.

(c) Two (2) members shall be profes-sional engineers with experience inthe field of sanitary engineering, whomay be recommended by the MiamiChapter of the Florida EngineeringSociety.

(2) Terms of office. In order that the terms ofoffice of all members of the Board shallnot expire at the same time, the initialappointments to the Board shall be asfollows: Two (2) members shall be ap-pointed for the term of one (1) year, two(2) members shall be appointed for theterm of two (2) years, and one (1) membershall be appointed for the term of three (3)years. Thereafter all appointments shallbe made for the term of three (3) years.Appointments to fill any vacancy on theBoard shall be for the remainder of theunexpired term of office. A member maybe removed with or without cause by theaffirmative vote of not less than a major-ity of the entire County Commission.Should any member of the Board fail toattend three (3) consecutive meetings with-out due cause, the Chairman shall certify


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the same to the County Commission. Uponsuch certification, the member shall bedeemed to have been removed and theCounty Commission shall fill the vacancyby appointment.

(3) Organization of the Board; quorum; Sec-

retary; compensation of members; meet-

ings; personnel. The members of the Boardshall elect a Chairperson and such otherofficers as may be deemed necessary ordesirable, who shall serve at the will ofthe Board. A majority vote of the entiremembership of the Board shall be neces-sary to take any action. Three (3) mem-bers of the Board shall constitute a quo-rum necessary to hold a meeting and takeany action, except that the affirmativevote of four (4) members of the Boardshall be required to grant variances andextensions of time for compliance with therequirements of this chapter for new orexisting facilities, equipment, and pro-cesses or classes thereof, within the North-west Wellfield protection area or withinthe West Wellfield Interim protection area.The Director shall be secretary of theBoard and shall be responsible for thecustody of all minutes and records of theBoard, but shall not be entitled to vote onany matter before the Board. Membersshall serve without compensation, but shallbe reimbursed for necessary expenses in-curred in the performance of their officialduties, upon approval by the Board ofCounty Commissioners. The Chairpersonmay call meetings of the Board, and theBoard at any meeting may fix and call ameeting on a future date. Minutes shallbe kept of all meetings of the Board. Allmeetings shall be public. The County Man-ager shall provide adequate and compe-tent clerical administrative personnel asmay be reasonably required by the Boardfor the proper performance of its duties,subject to budget limitations.

(4) Technical advisory panel. The Board maydesignate from time to time one (1) ormore citizens of the community to sit asone (1) or more technical advisory panels.

The members of such panels shall bepersons technically skilled and qualifiedto render advice on particular matters ofpollution control then before the Board.The members shall serve at the will of theBoard and shall furnish advice and infor-mation of a technical nature to the Boardfor so long a period of time as the Boardmay request it. All such advice and infor-mation given by the panel or any memberthereof shall be in the form of testimonybefore the Board at a regularly scheduledmeeting and subject to cross examinationby any interested party. The members ofthe panels shall not be deemed Countyofficers or employees within the purviewof Sections 2-10.2, 2-11.1, or otherwise.

(5) Duties and powers of the Environmental

Quality Control Board. The Environmen-tal Quality Control Board shall have thefollowing duties, functions, powers andresponsibilities:

(a) To hear appeals by any person ag-grieved by any action or decision ofthe Director as provided in Section24-11.

(b) To hear and pass upon all applica-tions for variances and extensions oftime in the manner provided by Sec-tions 24-13 and 24-14, except forcompliance with Federal Pretreat-ment Regulations set forth in 40CFR 403 as incorporated in this chap-ter.

(c) To hear and pass upon all applica-tions for extension of time for com-pliance with the provisions of thischapter. All such applications shallbe filed in accordance with the pro-visions of this chapter and shall beheard and considered by the Envi-ronmental Quality Control Board ata public hearing pursuant to notice.In considering such applications, theBoard shall take into account suchfactors as practicability, availabilityof equipment, and relative benefitsto the community. The Board shallnot have the power and authority to


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grant any application for extensionof time to comply with the prohibi-tions against open burning (Section24-41.4), or the prohibitions againstreduction of animal matter (Section24-41.8), or the prohibitions againsta nuisance (Section 24-27), or theprohibitions against the discharge ofcyanides or other toxic chemicals intothe waters in excess of the standardsset forth in Section 24-42(3). Appli-cations for extension of time for com-pliance shall be considered on thebasis of public interest and not merelyon economic benefit to the applicant;applications shall be granted onlywhen it is established that the re-quested extension of time for compli-ance will not be detrimental to thepublic health, welfare and safety,and will not create or permit thecontinuation of a nuisance, or thatno technically feasible, economicallyreasonable means of compliance arereadily available to the applicant.The Board shall not have the powerand authority to grant extensions oftime for compliance with the FederalPretreatment Regulations set forthin 40 CFR 403 as incorporated inthis chapter. Any person aggrievedby any decision of the Environmen-tal Quality Control Board shall beentitled to judicial review in accor-dance with the Florida Rules of Ap-pellate Procedure.

(d) To hear and pass upon all applica-tions pursuant to Section 24-15 forapproval of interim package sewagetreatment plants. In considering suchapplications the Board shall takeinto account such factors as the pub-lic interest, compliance with the tech-nical requirements of this chapter,factors of practicability and availabil-ity of equipment, alternative meth-ods of sewage disposal and the like-lihood of creating a present or futurenuisance. If the Board approves suchapplication it shall direct the Direc-

tor to issue the Director's approvalsubject to any reasonable conditionsthat the Board finds to be in thepublic interest. Provided, however,that no action on the applicationshall be taken by the Board until apublic hearing has been held upon atleast ten (10) days notice of the timeand place of such hearing publishedin a newspaper of general circula-tion in Miami-Dade County.

(e) To provide additional notice to thepublic, property that may be affectedby the application shall be posted ina manner as shall provide notice ofthe purpose, time and place of suchhearing. Failure to post such prop-erty shall not affect any action takenby the Board. Provided, however, thatthe Board may, upon application ofany city or any governmental waterand sewer authority existing on theeffective date of this subsection andchartered pursuant to State law,waive the requirement for a publichearing on interim package sewagetreatment plant applications wheresuch proposed plant is to be locatedwithin a city that requires by law apublic hearing before granting ap-proval of such a plant where suchapplications are considered understandards equal to or stricter thanthose provided by Chapter 24 of theCode of Miami-Dade County, asamended from time to time.

(f) To hear and pass upon applicationsby private and/or public water orsewer utilities for a statement ofapproved water quality or approvedsewage service filed pursuant to therequirements of Section 24-15 of theCode.

(g) To issue subpoena to compel the pres-ence of a witness or documents atany hearing authorized above, suchsubpoenas to be issued by the Chair-


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man of the Board and enforced pur-suant to the provisions of Section24-9 of this chapter.

(h) To review decisions of the Miami-Dade County Fire Department orother Fire Department having juris-diction, pursuant to Section 2-103.23of the Code.

(i) The powers enumerated in this sec-tion shall be an addition to and not alimitation of any other power specif-ically granted to the EnvironmentalQuality Control Board by any otherprovision of this chapter.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-9. Contempt powers.

The Board is empowered and authorized tohold any individual, corporation, or public utilitywhich refuses to obey any legal order, mandate,decree or instruction issued by the Board duringany proceeding before the Board, in contempt ofthe Board. The Board, through two-thirds of thosemembers who are present, may fine any individ-ual, corporation, or public utility which is incontempt of the Board a sum of up to one hundreddollars ($100.00) for each contemptuous act, pay-able to the Miami-Dade County Finance Directorwithin fifteen (15) days of the Board's ruling.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-10. Issuance of stop orders; injunc-

tions; standards of service.

Whenever any public utility as herein definedengages or is about to engage in the construction,operation or extension of a water system or sewersystem in violation of the provisions of this chap-ter, the Director, on the Director's own initiativeor upon complaint, shall forthwith make suchpreliminary investigation as he may deem appro-priate and may, either with or without notice,enter an order requiring such public utility tocease and desist from such construction, opera-tion or extension until further order of the Board.A public hearing on such violation shall be held bythe Board within thirty (30) days after the entryof the order to cease and desist. Reasonable

written notice of the public hearing shall be givenby mail to the public utility involved. Withinfifteen (15) days after the hearing the Board shallenter an order either requiring the permanentcessation of construction, operation or extension,or authorizing continuation thereof under suchterms and conditions as may be commensuratewith the public interest and welfare. Any failureto comply with the stop orders of the Board maybe enjoined and restrained by injunctive order ofthe Circuit Court in appropriate proceedings in-stituted for such purpose.

The Environmental Quality Control Board shallhave the power, and it shall be its duty, to estab-lish reasonable standards of service for each classof public utilities as defined in Section 32-4(c) ofthe Code, after notice and public hearing, andthereafter to enforce such standards. In perform-ing this duty, the Board shall exercise its powersto conduct investigations and inspections, to makeexaminations and tests, to prescribe standards ofmeasurement for testing the quality, pressure, orother conditions pertaining to the supply or qual-ity of the product furnished or adequacy of theservice rendered by any such utility, and to fixfees for the examination and testing of metersand other measuring devices, as provided by lawin establishing the general regulatory powers ofthe Board, and as directed herein. Standardspreviously adopted by the Water and Sewer Boardpursuant to Section 32-51 remain in full force andeffect under the jurisdiction of the EnvironmentalQuality Control Board until modified as providedabove.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-11. Appeals from actions or decision

of the Director of the Miami-

Dade County Department of En-

vironmental Resources Manage-

ment.

Any person aggrieved by any action or decisionof the Director, may appeal to the EnvironmentalQuality Control Board by filing within fifteen (15)days after the date of the action or decisioncomplained of, a written notice of appeal whichshall set forth concisely the action or decisionappealed from and the reasons or grounds for the


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appeal. The Environmental Quality Control Boardshall set such appeal for hearing at the earliestpossible date, and cause notice thereof to beserved upon the appellant and the Director. TheEnvironmental Quality Control Board shall hearand consider all facts material to the appeal, andrender a decision promptly. The EnvironmentalQuality Control Board may affirm, reverse ormodify the action or decision appealed from pro-vided that the Environmental Quality ControlBoard shall not take any action which conflictswith or nullifies any of the provisions of thischapter. The decision of the Environmental Qual-ity Control Board shall constitute final adminis-trative review and no hearing or reconsiderationshall be considered. Any person aggrieved by anydecision of the Environmental Quality ControlBoard on an appeal shall be entitled to judicialreview in accordance with the Florida Rules ofAppellate Procedure. The words "action" and "de-cision" as used herein shall not include the filingof any action by the Director, in any court. TheBoard shall not have jurisdiction to reconsider thesubject matter of any appeal after its final admin-istrative determination for a period of six (6)months from the date of the Board's final action,unless the Board determines that there has beena material and substantial change in the circum-stances; provided, however, any action taken ordecision made by the Director at any time may bereconsidered by the Director and the Directormay therefore modify any such action or decision.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-12. Variances and extensions of time

for compliance.

(1) The Environmental Quality Control Boardshall have the power and authority to grant orextend from time to time variances and exten-sions of time for compliance with the require-ments of this chapter to new or existing facilities,equipment and processes. Such variances or ex-tensions may be granted to specific facilities,equipment or processes or to a class. The Envi-ronmental Quality Control Board may grant suchvariances or extensions only if it is affirmativelyestablished by competent factual data and infor-mation that strict compliance with the require-

ments of this chapter is impossible or inappropri-ate because of conditions beyond the control of theperson or persons involved, or that strict compli-ance would result in substantial curtailment orclosing down of a plant, project or operation whichwould be detrimental to the public interest, orthat the particular operation is essential for thepublic health or the national security, or that notechnically feasible, economically reasonable meansof compliance are available to the person or per-sons involved, or that the variance or extensionwill not be detrimental to the public health,welfare and safety and will not create a nuisanceand will not materially increase the level of pol-lution in this County, or that a more unhealthycondition will occur if a variance or extension isnot granted. Variances and extensions of timeshall be considered and acted upon in accordancewith the provisions of Section 24-4, Section 24-12,Section 24-13 and the provisions of Section 24-8(5)(b).

(2) The above provisions for obtaining a vari-ance shall not apply to applications for variancesfrom the regulations of Section 24-49, which areprovided for as follows. Any person desiring to dotree or understory removal work which is not inaccordance with the regulations of Section 24-49may apply to the Environmental Quality ControlBoard for a variance from such regulations inaccordance with the provisions of Section 24-13.The Environmental Quality Control Board shallhave the power and authority to grant suchvariances on a case-by-case basis only where it isaffirmatively established by competent factualdata and information that a literal application orenforcement of the regulations would result inunnecessary hardship (other than economical)and the relief granted would not be contrary tothe public interest but will do substantial justice.

(3) The board shall not have the power andauthority to grant variances and extensions oftime to comply with the Federal PretreatmentRegulations set forth in 40 CFR 403 as incorpo-rated in this chapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-13. Procedure governing variances

and extensions of time.

Applications for variances or extensions of timefor compliance with this chapter shall be filed


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with the Director in substantially the form pre-scribed therefor. The Director shall make writtenrecommendations concerning such applicationsand promptly file the records with the Environ-mental Quality Control Board. Upon request byany applicant for a variance from the regulationsof Section 24-49, the Tree and Forest ResourcesAdvisory Committee shall also make written rec-ommendations concerning such applications andpromptly file the recommendations with the En-vironmental Quality Control Board. The Directormay initiate and file with the Board an applica-tion for variance or extension. Upon receipt of anapplication and the recommendations of the Di-rector and upon receipt of the recommendationsof the Tree and Forest Resources Advisory Com-mittee, where applicable, the Board shall promptlyhold a public hearing upon the application, afterpublication of notice of the hearing. All interestedpersons shall be entitled to be heard before theBoard. The Board shall promptly hear and passupon all such applications, and shall set forth thegrounds and reasons for granting or denying theapplication. Any person aggrieved by any decisionof the Environmental Quality Control Board shallbe entitled to judicial review in accordance withthe Florida Rules of Appellate Procedure. TheBoard shall prescribe rules of procedure govern-ing applications for variances or extensions oftime, which shall conform to and be commensu-rate with the applicable and controlling provi-sions of this chapter. For purposes of this section,the County Manager may constitute a personaggrieved whenever the Environmental QualityControl Board renders a decision adverse to therecommendation of the Director.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-14. Statements of approved water or

sewer service; Emergency water

and/or sewer rate requests.

(1) Any public utility holding a valid certificatepursuant to Sections 32-33 and 32-39 of the Codethat desires to apply for a change of rate or tochange any rule or regulation as provided bySection 32-64 shall file with the Board or theDepartment a request for a statement of approvedwater quality or approved sewage service.

(2) The Department shall within ten (10) daysfrom the date of such request set a hearing datefor consideration by the Board of such request inall cases not exempted under subsection (3), be-low.

(3) A municipal public utility is exempted fromthe herein described public hearing process beforethe Board if both of the following conditions aremet:

(a) The utility holds a valid County operatingpermit pursuant to Section 24-18, and

(b) Not more than twenty (20) percent of theutility's gross revenues are generated fromcustomers located outside of the munici-pality.

If the utility obtains an exemption by having metthe above two (2) conditions, said utility mustobtain a statement of approval from the Depart-ment.

(4) In determining whether or not a publicutility is entitled to a statement of approvedwater quality or approved sewer service, theBoard shall consider the water and effluent qual-ity requirements of Chapter 24 and other evi-dence including public comments regarding theoverall quality of service. If the Board finds thatthe utility has provided reasonable and satisfac-tory water quality and sewage service to thepublic, it shall issue its statement of approvedwater quality or approved sewage service whichshall be valid for one (1) year from the date ofissuance. The validity of the statement may beextended by the Board for a period not to exceedsix (6) months beyond the original expirationdate. Such a statement shall also indicate "excel-lent," "good" or "fair" quality of service dependingon which, in the opinion of the Board, is mostappropriate.

(5) The public utility shall send a writtennotice to each customer informing:

(a) That the utility plans to file for a rateincrease;

(b) The date, time and place of public hearingas set by the Department;

(c) The name, address and phone number ofthe Department; and


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(d) The name, address and phone number ofthe consumer advocate.

The notice shall be reviewed and approved by theDepartment and shall be mailed at least twenty(20) days prior to the hearing. In the event thatthe hearing on the matter is continued, mailednotices of the continuation may be disposed withby the Board.

(6) The Board may issue a conditional certifi-cate pursuant to this section if it determines thatcertain improvements of said water and/or sewerutility are necessary or desirable to increase thequality of service provided to the consumers, andsaid conditions and improvements shall be specif-ically set out within said Board order granting theconditional certificate. In no event, however, shallthe Water and Sewer Board grant any rate in-crease to said utility without requiring that theamounts collected from such rate increase beplaced in escrow account under Water and SewerBoard control and not released until the condi-tions set forth in said conditional approval havebeen complied with by the utility. However, theBoard or the Department may not issue its ap-proval of the water or sewer service provided by awater and/or sewer utility if it does not meet theminimum requirements of Chapter 24.

(7) Notwithstanding the requirements of thisSection the Board may grant a qualified state-ment of approval of water or sewer service whichshall be sufficient to permit the utility to apply tothe Water and Sewer Board for an emergency rateincrease solely for the purpose of permitting im-mediate repairs and improvements necessary tobring water or sewer service and quality to min-imum standards. Said qualified approval willauthorize the filing of an application for a changein rates as required by Section 32-64 of the Code,but qualified approvals received pursuant to thissection will only support a temporary rate in-crease for such time as is necessary to finance theapproved or authorized improvements required toachieve minimum water and/or sewage servicequality, as noted above. In no event, however,shall the rate increase be imposed in excess of thelife expectancy of the particular improvement orimprovements so constructed. In addition, anyrate increase granted pursuant to a statement

issued under this section shall be used solely andexclusively by the utility for the purpose of im-proving its water or sewer service to the mini-mum standards required under the Miami-DadeCounty Code. Said repairs and improvementsshall be specifically set out within said ordergranting the qualified statement of approval. Anyapproved rate increase pursuant to this sectionshall terminate when sufficient funds to financethe repairs and improvements have been col-lected from the rate increase. Statements of qual-ified approval may be granted by the Board onlywhen the Board finds that:

(a) Water service and/or sewage service isbelow minimum acceptable standards ei-ther as to the quality of water and/orsewage treatment or the quality of servicefor same.

(b) That an emergency exists as to the qual-ity of water or water service available tothe public or quality of sewage treatmentor sewer service available to the public.

(c) That a temporary rate increase may berequired to remedy the immediate prob-lem of inadequate quality or service ortreatment.

(d) That no other reasonable adequate meansexists for improving the quality of serviceor the quality of water and/or sewagetreatment.

The provisions of this Section requiring notice ofhearing shall also be required for any utilityapplying under this emergency section.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-15. Plan approval required.

(1) Intent. It is the intent and purpose of thissection to require that all new facilities, equip-ment and processes constructed or operated afterthe effective date of this chapter shall complywith the requirements herein contained, and thatany major or substantial enlargement, expansionor addition to existing facilities also shall complywith the requirements herein contained. Any build-


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ing permit issued by the County or a municipalityin violation of the provisions of this chapter ishereby determined to be void.

(2) Waste water facilities. It shall be unlawfulfor any person to enter into or let a contract for orto commence the installation, extension, or oper-ation of any sewerage system or waste treatmentfacility or any industrial waste disposal facilitywithout first obtaining the prior written approvalof the Director or the Director's designee. It shallbe unlawful for any person to make any enlarge-ment, alteration or addition to any facility, orcommence the construction of any facility, thatwill reasonably be expected to be a source of waterpollution without first obtaining the prior writtenapproval of the Director or the Director's desig-nee. No building permit involving the generationor discharge of effluents shall be issued by theCounty or any municipality unless the applica-tion for a building permit has been approved bythe Director or the Director's designee.

The provisions of this section shall not apply tofacilities discharging only domestic wastes to apublic sewer system approved by the Director orthe Director's designee. Notwithstanding the fore-going, the provisions of this section shall apply tofacilities discharging only domestic wastes to apublic sewer system approved by the Director orthe Director's designee if the facilities provide anyform of pretreatment in conjunction with a greasetrap.

Provided that after January 25, 1974, the Di-rector shall not approve an application for aninterim package sewage treatment plant unlessdirected to do so by the Environmental QualityControl Board after a public hearing pursuant tonotice.

For the purpose of this subsection, an interimpackage sewage treatment plant shall include alldomestic waste water treatment facilities that arenot included in the regional treatment system asdescribed in the approved 1973 Water QualityManagement Plan.

(3) Air facilities. It shall be unlawful for anyperson to make any major or substantial alter-ation, enlargement or addition to any existingfacility, equipment or operation, or to commence

the construction or operation of any new facility,that may be a source of air pollution as hereindefined, without first obtaining the prior writtenapproval of the plans, equipment or processesthereof by the Director or the Director's designee.No building permit shall be issued by the Countyor any municipality unless the application there-for or the plans for construction of the proposedfacility have been approved by the Director or theDirector's designee. The provisions of this chaptershall not apply to individual family dwellings ormultiple-family dwellings of not more than four(4) units in respect to heating equipment orcomfort space heating.

(4) Potable water facilities. It shall be unlawfulfor any person to enter into or let a contract for orto commence the installation, extension, alter-ation or operation of any public water supplyfacility without first obtaining the prior writtenapproval of the Director. No building permit in-volving a demand on a public water supply shallbe issued by the County or any municipalityunless the application for a building permit orplans for construction thereof have been approvedby the Director or the Director's designee.

(5) Aboveground storage facilities. It shall beunlawful for any person to install, repair, modify,expand, replace or permit, cause, allow, let orsuffer the installation, repair, modification, expan-sion or replacement of any aboveground storagefacility, without first obtaining the prior writtenapproval of the Director or the Director's desig-nee. No building permit shall be issued by theCounty or any municipality unless the applica-tion therefor or the plans for construction of theproposed aboveground storage facility show theapproval of the Director or the Director's desig-nee.

(6) Underground storage facilities. It shall beunlawful for any person to install, repair, modify,expand, replace or permit, cause, allow, let orsuffer the installation, repair, modification, expan-sion or replacement of any underground storagefacility, without first obtaining the prior writtenapproval of the Director or the Director's desig-nee. No building permit shall be issued by theCounty or any municipality unless the applica-tion or the plans for construction of the proposed


3258Supp. No. 58

underground storage facility have been approvedin writing by the Director or the Director's desig-nee. The Director, or the Director's designee, shallissue such written approval only upon receipt offormal engineering plans, which are signed andsealed by a professional engineer registered in theState of Florida and which plans detail that theunderground storage facilities specified in saidplans shall be constructed in compliance with therequirements of this Chapter, Chapter 62-761 ofthe Florida Administrative Code and the refer-enced standards contained therein. After receiptof written approval from the Director, or theDirector's designee, the owner or operator of theunderground storage facility shall notify the De-partment a minimum of two (2) working daysprior to the commencement of installation, repair,modification, expansion or replacement of anyunderground storage facility. The installation,repair, modification, expansion or replacementshall be subject to inspection by the Departmentto determine compliance with the approved plansand applicable laws and ordinances.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 05-196, § 2, 11-3-05; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-15.1. Procedure for approval of plans.

(1) APPLICATION FOR APPROVAL. Applica-tion for approval of plans required hereundershall be made on forms prescribed for such pur-pose and filed with the Director. Such applicationshall be signed by the person seeking to install,extend or alter the facility involved or a dulyauthorized representative vested with lawful powerto bind the applicant. Upon receipt of such appli-cation and supporting data, the Director shallreview all data and render a decision on theacceptability of the facility.

(2) REQUIRED INFORMATION. Each suchapplication shall be accompanied by the followingdata and information:

(a) Report of engineer. A comprehensiveengineer's report describing the project,the basis of design including design data,and all other pertinent data necessary togive an accurate understanding of thework to be undertaken and the reasontherefor. Such report shall contain a cer-tificate of a registered engineer certifying

that in the professional opinion of suchregistered engineer the facility or projectwill fully comply with the requirements ofthis chapter and the rules and regulationspromulgated hereunder, and will not causeor tend to cause any pollution as hereindefined.

(b) Blueprints. Blueprints or white prints ofthe drawings of the work to be done insufficient detail necessary to make it clearto the contractor constructing the facilityor project exactly what work is to beaccomplished.

(c) Specifications. Complete specifications insufficient detail necessary to supplementthe drawings and specify the work andthe methods by which it is to be accom-plished.

(d) Processes. A description of all processesproposed to be utilized in connection withthe operation of the facility or projectsufficient to indicate whether or not suchprocesses will reasonably comply with therequirements of this chapter.

(e) Additional data. Such additional data andinformation as may be reasonably re-quired by the Director or the Director'sdesignee, including, but not limited to,Baseline Monitoring Reports, ComplianceReports, or any report required for com-pliance pursuant to the Federal Pretreat-ment Regulations.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-15.2. Registered engineer required.

The drawings, specifications and other datasubmitted with the application filed hereundershall be prepared by a competent professionalengineer or engineers registered under the provi-sions of Chapter 471, Florida Statutes. The plansand other data required to be submitted with theapplication shall have affixed thereto the namesand certificate and registration number of the

§ 24-15.2ENVIRONMENTAL PROTECTION, ETC.

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engineer preparing the same. The Director shallnot accept or receive any application that does notcomply with the requirements of this section.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-15.3. Standards for preparation of

plans.

(1) Waste treatment works shall be designedin accordance with the sewerage guide promul-gated by the Florida State Board of Health, orsimilar professional publication, recommendedstandards for sewage works and water pollutioncontrol federation manuals of practice numberedeight (8) and nine (9), as applicable to conditionsprevailing within Miami-Dade County, and inaccordance with good engineering practices.

(2) Outfalls shall be extended or carried to thechannel of a stream or to deep water where outletis submerged at all times. The extent and lengthof the outfall shall conform to the requirements ofthe Director or the Director's designee. No outfallshall be approved unless satisfactory evidence ispresented to establish that solids or other objec-tionable pollutants will not be deposited on theshore, and that other forms of pollution will not becaused.

(3) Grease traps shall be provided and in-stalled in accordance with the rules and regula-tions promulgated under the provisions of thischapter. At a minimum, all grease traps discharg-ing to publicly or privately-owned or operatedsanitary sewer collection systems shall be pro-vided with a sampling point on the effluent dis-charge side of the grease trap. Wastes containingsizable quantities of grease such as those pro-duced by restaurants shall not be deemed suit-able for disposal into tile drainfields.

(4) Drainage or disposal wells shall not beused for disposal of treated or untreated wastesexcept as approved by the Director or the Director'sdesignee.

(5) Air pollution facilities designed to controlthe emission of air contaminants to the atmo-sphere in accordance with the provisions of thischapter shall be designed in accordance with goodengineering practice taking into consideration the

meteorological conditions prevailing within thisCounty. Such facilities shall comply with therequirements of this chapter and rules and regu-lations promulgated under and pursuant to theprovisions of this chapter.

(6) Approval of plans for potable water supplyfacilities shall be dependent, in part, upon:

(a) Owner's program for protective measuresto protect and prevent development ofhealth hazards to the water supply.

(b) Protective measures for water qualitythroughout all parts of the system byfrequent surveys, proper operation by per-sonnel certified by the State of Florida.

(c) Adequate system capacity to meet peakdemands without development of low pres-sures or other health hazards.

(d) Records of laboratory examinations show-ing consistent compliance with the waterquality requirements of this chapter.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-15.4. Technical Reports/Professional

Engineer/Professional Geolo-

gist required.

All applicable portions of the technical plans,reports, proposals or studies required as set forthin Section 24-44(2) shall be signed and sealed bya licensed professional engineer registered in theState of Florida or licensed professional geologistregistered in the State of Florida.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-16. Construction of waste water fa-

cility or air pollution abatement

facility, or potable water facility.

(1) After approval of an application, the personcausing the installation or construction of theproject or facility shall furnish the Director or theDirector's designee with monthly reports of aregistered engineer certifying that the work todate has been accomplished in strict compliancewith the approved plans, drawings and specifica-tions and that there has been no major or sub-stantial deviation therefrom. If during construc-tion, changes are proposed which would materially

§ 24-15.2 MIAMI-DADE COUNTY CODE

3260Supp. No. 58

alter the quality characteristics of the effluent ofa waste water facility, or which would materiallyalter the emission of air pollutants of an airpollution abatement facility or would materiallyalter the quality characteristics of the effluent ofa potable water facility, then plans and specifica-tions for such changes prepared by a registeredengineer shall be submitted to the Director or theDirector's designee for approval before makingsuch changes. The Director shall have the right atany reasonable time to enter upon the project forthe purpose of making inspections of the work,and may require reports and additional informa-tion at any stage of construction.

(2) It shall be unlawful for any person causingthe installation or construction of the project orfacility to deviate from the conditions of theapproval of the Director or the Director's designeewithout the prior written approval of the Directoror the Director's designee.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-17. Certificate of occupancy.

No certificate of occupancy shall be issued bythe County or any municipality for any facility orproject subject to the provisions of this chapter,and no such facility or project shall commenceoperations, until the Director or the Director'sdesignee certifies that the work has been com-pleted in strict compliance with the approvedplans and specifications, and that there is goodcause to believe that the facility or project willoperate in accordance with the provisions of thischapter and an operating permit has been ob-tained from the Director.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-18. Operating permits.

(A) Permit Required No person shall operate,maintain or permit, cause, allow, let or suffer theoperation or maintenance of a public water sys-tem, public sewerage system, location at which asite rehabilitation action has been completed inaccordance with the provisions set forth in Sec-tion 24-44(2)(k)(ii) or any of the following facili-ties, all of which will reasonably be expected to be

a source of air pollution, ground pollution orwater pollution, without a valid operating permitissued by the Director or the Director's designeeor in violation of any condition, limitation orrestriction which is part of an operating permit:

(1) Interim package sewage treatment plants;

(2) Interim package water treatment plants;

(3) Private sewage pumping station;

(4) Facilities which generate, dispose of, store,use, discharge, handle or reclaim any liq-uid waste other than domestic sewage,any hazardous waste or any hazardousmaterial (except factory prepackaged prod-ucts intended primarily for domestic useor consumption), including, but not lim-ited to, the following:

(a) Industrial and agricultural waste re-claim systems; waste or product hold-ing tanks; or waste or product spillprevention control systems;

(b) Industrial and agricultural wastepretreatment facilities;

(c) Industrial and agricultural wastetreatment facilities;

(d) The following industrial and agricul-tural liquid waste facilities:

(i) Aircraft, vehicle, constructionequipment, and boat mechani-cal maintenance or repair facil-ities including, but not limitedto, engine and electric motormaintenance and repair, andfacilities which perform main-tenance or repair of any compo-nent parts of aircraft, vehicles,boats, or construction equip-ment;

(ii) Chemical manufacturing, pack-aging, repackaging, storage, ordistribution facilities;

(iii) Pest control facilities;

(iv) Photographic processing facili-ties or laboratories;

(v) Printing facilities;


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(vi) Paint manufacturing, distribu-tion, and product testing; paintresearch laboratory facilities;

(vii) Battery manufacturing; bat-tery reclaiming facilities; bat-tery refurbishing facilities;

(viii) Hospitals;

(ix) Medical, research or chemicallaboratories;

(x) Animal hospitals; animal clin-ics, and animal grooming facil-ities;

(xi) Plastics manufacturing facili-ties;

(xii) Anodizing facilities;

(xiii) Silk screening and silk print-ing facilities;

(xiv) Junk yards;

(xv) Jewelry manufacturing and re-pair facilities;

(xvi) Machine shops;

(xvii) Construction contractor's facil-ities handling hazardous mate-rials;

(xviii) Funeral homes;

(xix) Agricultural field packing facil-ities;

(xx) Stationary agricultural packing-houses;

(xxi) Aerial pesticide applicators(crop-dusters);

(xxii) Dry cleaning facilities;

(xxiii) Textile dyeing facilities;

(xxiv) Vehicle paint and body shops;

(xxv) Metal recycling facilities;

(5) Notwithstanding any provision of thisCode, nonresidential land uses which areserved or will be served by a liquid wastestorage, disposal or treatment method orthose nonresidential land uses which use,generate, handle, dispose of, discharge orstore hazardous materials, on any portionof the property within the NorthwestWellfield protection area or within theWest Wellfield Interim protection area;

(6) Notwithstanding any provision of thisCode, nonresidential land uses which areserved or will be served by any liquidwaste storage, disposal or treatmentmethod (other than public sanitary sew-ers) or those nonresidential land useswhich use, generate, handle, dispose of,discharge or store hazardous materials,on any portion of the property within themaximum day pumpage wellfield protec-tion area of the Alexander Orr Wellfield,Snapper Creek Wellfield, SouthwestWellfield, Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, John E.Preston Wellfield, Hialeah Wellfield orwithin the outer protection zone of theSouth Miami Heights Wellfield Complex;

(7) Resource recovery and management facil-ities;

(8) Facilities that will reasonably be expectedto be a source of air pollution; provided,however, the operation of heating equip-ment or comfort space heating withinindividual facility dwellings or multiplefamily dwellings of not more than four (4)units is exempt from the requirement ofobtaining a permit pursuant to this sec-tion;

(9) All commercial boat docking facilities. Op-erating permits shall be required for allsuch facilities no later than May 17, 1990;

(10) All boat storage facilities contiguous tothe tidal waters of Miami-Dade Countywith a total of ten (10) or more dry storagespaces. Operating permits shall be re-quired for all such facilities no later thanMay 17, 1990;

(11) All recreational boat docking facilities witha total of ten (10) or more boat slips,moorings, davit spaces, and vessel tieupspaces. Operating permits shall be re-quired for all such facilities no later thanMay 17, 1990;

(12) Underground storage facilities;

(13) Aboveground storage facilities;

(14) Loading facilities;


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(15) Balanced systems utilized by motor vehi-cle fuel service stations;

(16) Vacuum assist systems utilized by motorvehicle fuel service stations;

(17) Any facility which sells or distributes orwhich offers to sell or distribute any re-frigerant or which recharges or causes,lets, allows, permits, or suffers the recharg-ing of refrigerant into any refrigerationsystem;

(18) Any nonresidential facility, including, butnot limited to, restaurants, bakeries, ho-tel and cafeteria kitchens, processing plantsor such other nonresidential facilities dis-charging into a publicly or privately-owned or operated sanitary sewer collec-tion system, if oil and grease can beintroduced into a sewer by such nonresi-dential facility in quantities which havethe potential to affect or hinder the oper-ation of sewage collecting, transmissionor treatment facilities.

(19) Privately owned or operated sanitary sewercollection systems, except sanitary sewerswhich are less than six (6) inches indiameter.

(20) Locations at which a site rehabilitationaction has been completed in accordancewith the provisions set forth in Section24-44 (2)(k)(ii).

The criterion for issuance of an operating permitpursuant to this section is compliance with Chap-ter 24, Miami-Dade County Code. Additionally, noresource recovery and management facility per-mit shall be granted without the written recom-mendation of approval of the Director of theDepartment of Solid Waste Management issuedpursuant to the provisions of Chapter 15, Miami-Dade County Code. At the discretion of the Direc-tor or the Director's designee, conditions, limita-tions or restrictions may be required as part of theoperating permit if said conditions, limitationsand restrictions are consistent with the require-ments of this chapter.

The Director or the Director's designee may denythe issuance of an operating permit if the public

water system, public sewerage system or pollu-tion source does not comply with the provisions ofthis chapter.

The Director or the Director's designee may sus-pend or revoke an operating permit if the publicwater system, public sewerage system or pollu-tion source does not comply with the provisions ofthis chapter.

Such operating permits shall not be required forthe aforesaid facilities, systems, and plants exist-ing on the effective date of this section until onehundred twenty (120) days from the effective dateof this section.

This section shall not be immediately applicableto air pollution sources with valid air pollutioncontrol operating permits on the effective date ofthis section. However, said air pollution sourcesshall comply with this section by obtaining theoperating permit required by this section no laterthan one hundred eighty (180) days from theeffective date of this section.

Notwithstanding anything in this chapter to thecontrary, such operating permits shall not berequired for underground storage facilities untilninety (90) days from the effective date of thisparagraph.

All applications for permits issued pursuant tothis section shall be on a form prescribed by theDirector and accompanied by a fee which shall beestablished by administrative order of the CountyManager and approved by the Board of CountyCommissioners.

(B) Disposition of Fees The permit fee payablehereunder shall be deposited in a separate Countyfund and shall be used exclusively by the Depart-ment to pay for the costs of the following environ-mental services to, and environmental regulationof, the aforesaid facilities, systems and plants:

(1) Monitoring and evaluating purificationand disposal systems of said sources.

(2) Responding to and attempting to resolvecitizen complaints against said sources.

(3) Investigation, preparation, and prosecu-tion of enforcement actions, pursuant to


3263Supp. No. 58

Chapter 24 of this Code, to protect thegroundwater, surface water, drinking wa-ter, and air quality.

(4) Ambient monitoring of groundwater, sur-face water, and air quality.

(5) Special studies of groundwater, drinkingwater, surface water, and air quality whendeemed necessary by the Director to pro-tect the groundwater, surface water, drink-ing water, and air quality.

(6) Air quality and water supply protection,planning, and programming.

(7) Laboratory analyses of groundwater, sur-face water, drinking water, waste water,ambient air, air emissions, and other ef-fluents affecting air or water quality.

(8) Restoration of the air, water, property,animal life, aquatic life, and plant life totheir condition prior to any violation ofthis chapter.

(9) Prevention of any imminent threat of anyviolation of this chapter.

No part of said fund shall be used for purposesother than the aforesaid.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-125, § 2, 9-12-06; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-19. Operation of facility; competent

supervision.

(1) The owners or operators of each facility orproject installed or constructed under the provi-sions of this chapter shall provide competent andresponsible personnel for the operation thereof inorder that the requirements of this chapter shallbe observed and complied with in respect to theoperation of such facility or project. Competentpersonnel shall be construed to mean a person orpersons who have experience or knowledge con-cerning the proper operation of the particularfacility involved, and a knowledge of the basicscientific principles relating to the proper opera-tion of waste treatment plants and collectionsystems, or a knowledge of the basic scientificprinciples relating to the proper operation offacilities causing emissions of air contaminantsfrom incineration, salvage, heat transfer, general

combustion, or other operations of a similar na-ture, as the case may be. The names and qualifi-cations of the supervisory personnel responsiblefor the proper operation of such facilities shall befurnished to the Director or the Director's desig-nee upon request.

(2) All sewage treatment plants shall be oper-ated under the direct supervision of a qualifiedsewage treatment plant operator who must hold aminimum of a class "C" operator's license issuedby the State of Florida and/or any higher level ofcertification as required by the State of FloridaDepartment of Environmental Protection. All op-eration reports submitted pursuant to this chap-ter shall be signed by the licensed operator, whichsignature shall be a verification by said operatorof the authenticity of said report.

(3) All potable water treatment plants shall beoperated under the direct supervision of a quali-fied water treatment plant operator who musthold a minimum of a class "C" operator's licenseissued by the State of Florida. In addition, allpublic water supplies which provide adequateprotection by treatment for an effluent whichexceeds ten (10) MGD shall be operated under thedirect supervision of a qualified water treatmentplant operator who must hold a minimum of aclass "A" operator's license issued by the State ofFlorida. All operation reports submitted pursuantto this chapter shall be signed by the licensedoperator, which signature shall be a verificationby said operator of the authenticity of said report.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-20. Abnormal occurrences.

(1) Reports required. In the event of any break-down or lack of proper functioning of any facilityinstalled or operating under the provisions of thischapter, which causes or may cause improperlytreated or untreated potable water or sewage orhazardous materials or industrial wastes to bedischarged from the plant or facility, or whichcauses or may cause a nuisance or sanitary nui-sance or the emission of air contaminants inexcess of the quantity permitted by the provisionsof this chapter, it shall be the duty of the owner oroperator thereof to immediately notify the Direc-


3264Supp. No. 58

tor or the Director's designee and to take allactions necessary to prevent or minimize air,water or ground pollution. It shall be unlawful tofail to notify the Director or the Director's desig-nee as required herein and said notification shallnot be a defense to any civil liability imposedunder the provisions of this chapter.

(2) Power to stop operation of facility. If in thejudgment of the Director or the Director's desig-nee, the abnormal operation of any facility, equip-ment, process, or plant is causing or will cause air,water or ground pollution to such extent as to beor become dangerous to the public health, safetyor welfare, the Director or the Director's designeemay require such corrective measures as may benecessary for the protection of the public on anemergency basis, and the Director or the Director'sdesignee shall have the power and authority tocause all operation(s) of the facility, equipment,process or plant to cease until appropriate correc-tive measures have been taken by issuing anorder to the owner or operator thereof directingthe cessation of the operation(s) or by orderingthe utility providing water service to the facilityor plant to cease providing such service. If thecessation of the operation(s) of any sewage treat-ment plant would cause greater danger to thepublic than that caused by the continued opera-tion(s) thereof, the Director or the Director's des-ignee, shall not order such cessation, but shallorder that steps be taken immediately to rectifythe dangerous condition. Any person polluting theground or waters of the County shall, within theearliest practicable time, correct the violationscaused by the pollution and restore said ground orwaters in accordance with the provisions of thischapter. If such person fails to make said restora-tion, the Director may seek an injunction in acourt having jurisdiction to compel said person toperform such restoration. In the alternative andat his election, if restoration is not effected, theDirector may restore the ground or waters andshall be reimbursed by the persons causing thepollution for the actual costs of investigation,restoration and prevention. The Director shallinstitute suit to enforce such reimbursement if itis not made within ten (10) days from demandtherefor.

(3) Permissible operations. Discharges or emis-sions exceeding any of the limits established inthis chapter as a direct result of upset conditionsin or breakdown of any pollution control equip-ment or related operating equipment, or as adirect result of the shutdown of such equipmentfor scheduled maintenance, shall not be deemedto be in violation of the rules establishing suchlimits, provided that such occurrence shall havebeen reported to the Director or the Director'sdesignee, as soon as reasonably possible; for sched-uled maintenance such report shall be submittedat least twenty-four (24) hours prior to shutdown,and for upset conditions or breakdown such re-port shall in any case be made within four (4)hours of the occurrence; and provided that theperson responsible for such discharge or emissionshall, with all practicable speed, initiate andcomplete appropriate reasonable action to correctthe conditions causing such discharge or emissionto exceed said limits; to reduce the frequency ofoccurrence of such conditions; to minimize theamount by which said limits are exceeded; and toreduce the length of time for which said limits areexceeded; and shall, upon request of the Directoror the Director's designee, submit a full report ofsuch occurrence, including a statement of allknown causes and of the scheduling and nature ofthe actions taken; provided that the provisions ofthis subsection shall not be construed to permitany nuisance, sanitary nuisance, or any otherconditions dangerous to the public health, safety,or welfare, or as imposing any limitation upon thepowers of the Director prescribed in subsection (2)hereof.

(4) Emergencies. Classification and procedure[for emergencies] are as follows:

(a) Class A—those emergencies which in-volve (i) the loss of human life, limb, orproperty due to natural calamitous occur-rences such as, but not limited to, hurri-canes, tornadoes, fires, floods, or highwinds, and (ii) the breaks of dams orlevees. No permit shall be required fortemporary measures taken to correct orgive relief from class A emergencies. Im-mediately after the occurrence of a class Aemergency, the Department shall be noti-fied of the emergency. Within fourteen


3265Supp. No. 58

(14) calendar days after the correction ofthe emergency a report to the Depart-ment shall be made outlining the detailsof the emergency and the steps taken forits temporary relief. The report shall be awritten description of all of the workperformed involving dredge and fill activ-ities and shall set forth any pollutionmeasures which were utilized or are beingutilized to prevent pollution of watersover submerged lands and/or coastalwetlands. A permit shall be required inconnection with dredge and fill activitiesfor permanent measures in relief of classA emergencies.

(b) Class B—other, non-natural disasters suchas, but not limited to, bridge collapses,sudden and unpredictable structural col-lapses and failures, and sudden and un-predictable hazards to navigation, whichdo not threaten the immediate action forrelief. No permit shall be required fortemporary measures needed to correct orgive relief from class B emergencies. Tem-porary measures shall be limited to onlythose minimum works required to protectagainst loss of life, limb, health or prop-erty or which immediately threaten plantand animal life. The Department shall benotified within fourteen (14) calendar daysafter completion of the temporary mea-sures which have been taken. The reportshall be a written description of all workswhich have been performed as well aspollution control measures utilized. A per-mit shall be required in connection withdredge and fill activities for permanentmeasures taken for relief of class B emer-gencies.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-21. Operating records.

The owner or operator of any facility installedor operating under the provisions of this chaptershall cause to be maintained and kept such recordsof the operation data and control tests as may berequired by the Director to indicate the operatingefficiency of such facility, and to show whether or

not such facility is causing pollution as hereindefined, and to furnish all such information anddata concerning the operation of the facility as theDirector may require from time to time.

In addition to the above, any industrial user, asdefined in section 24-42.4(1)(c) of this Code, shallcomply with the reporting and record keepingrequirements set forth in 40 CFR 403.12, FederalPretreatment Regulations.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-22. Circumvention unlawful.

It shall be unlawful for any person to build,erect, construct, install, design, or use any article,device, machine, equipment, process, or othercontrivance, the use of which, without resultingin a reduction in the total discharge of contami-nants in the water, or the total release or emissionof air contaminants to the atmosphere, conceals adischarge or an emission which would otherwiseconstitute a violation of the provisions of thischapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-23. Information concerning pro-

cesses shall be confidential.

Confidentiality of all submittals shall be inaccordance with all applicable federal and statelaws.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-24. Waiver of performance bonds.

Waiver of performance bonds. The Director ofthe Department may waive all requirements con-cerning posting of a performance bond by anygovernmental agency whenever the work is to beperformed by employees of said agency, providedthat, in lieu of the posting of a performance bond,said agency shall furnish the Department satis-factory written assurances that the work per-formed by its employees will comply fully with allrequirements of the permit, and provided, fur-ther, that the Director of the Department maywaive the posting of a performance bond by anyprivate firm or corporation under contract withany governmental agency when said firm or cor-poration shall have posted a satisfactory and


3266Supp. No. 58

acceptable bond with the said governmental agency,proof of such bond having been furnished by saidagency to the Department.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

DIVISION 2. STATE AND FEDERALADOPTIONS

Sec. 24-25. Violations of rules and regula-

tions of the State of Florida De-

partment of Environmental Pro-

tection, Florida Department of

Health, and the United States

Environmental Protection

Agency.

(1) All of the following rules and regulationsare hereby adopted and are incorporated hereinby reference hereto as same may be amendedfrom time to time:

(a) Chapter 62-160 of the Florida Administra-tive Code

(b) Chapter 62-550 of the Florida Administra-tive Code

(c) Chapter 62-713 of the Florida Administra-tive Code

(d) Chapter 62-761 of the Florida Administra-tive Code

(e) Chapter 64E-8 of the Florida Administra-tive Code

(f) Chapter 62-770 of the Florida Administra-tive Code

(g) Chapter 62-777 of the Florida Administra-tive Code

(h) Chapter 62-782 of the Florida Administra-tive Code

(i) Chapter 62-785 of the Florida Administra-tive Code

(2) The regulations of the United States Envi-ronmental Protection Agency as set forth in 40C.F.R. 403 on the effective date of this ordinanceare hereby adopted and are incorporated hereinby reference hereto.

(3) All rules and regulations promulgated bythe State of Florida Department of Environmen-tal Protection pursuant to provisions of Chapters373, 403 and 253, Florida Statutes, as they maybe amended from time to time, are hereby adoptedand are made a part of this chapter by reference.

(4) Any person who commits a violation of anyrules and regulations adopted pursuant to thissection shall be deemed guilty of committing aviolation of this chapter. Violations of such rulesand regulations shall constitute violations of thischapter triable in the court of appropriate juris-diction.

Nothing herein shall be construed to prohibitMiami-Dade County from enacting ordinancesstricter than the rules and regulations incorpo-rated herein or to invalidate or supersede ordi-nances heretofore enacted by Miami-Dade Countywhich are stricter than the rules and regulationsincorporated herein. Notwithstanding the forego-ing provision, nothing in Sections 24-42(2) and(4), 24-20(2), and 24-31(9) of this Code shallsupersede Sections 24-25(1)(c), (f), (g), (h), and (i)with respect to cleanup target levels for contam-inants found in groundwater, surface water, andsoil for sites contaminated in whole or part withpetroleum substances subject to Chapter 62-770,F.A.C., for sites contaminated in whole or in partwith dry cleaning solvent substances subject toChapter 62-782, F.A.C., and for sites governed inwhole or in part by the terms of a brownfields siterehabilitation agreement pursuant to Chapter62-785, F.A.C.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-26. Brownfields Redevelopment Act;

sections adopted.

(1) Sections 376.77, 376.78, 376.79, 376.80,376.81, 376.82 and 376.83(1), Florida Statutes,and any rules and regulations promulgated there-under by the Florida Department of Environmen-tal Protection, as all of the foregoing laws, rules,and regulations may be amended from time totime, are hereby adopted and made a part of thischapter by reference hereto.

(2) Any person entitled to liability protectionpursuant to Section 376.82, Florida Statutes, shallbe relieved of further liability, to the same extent


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provided by Section 376.82, Florida Statutes, withrespect to any enforcement action pursuant toChapter 24 of the Code of Miami-Dade County,Florida.

(3) Private Cause of Action for recovery ofreasonable assessment or remediation costs pur-suant to a Brownfields Site Rehabilitation Agree-ment.

(a) A private cause of action is hereby createdfor any person who undertakes the assess-ment or remediation of a brownfields sitepursuant to a Brownfields Site Rehabili-tation Agreement authorized by Section376.80, Florida Statutes, and Section 24-26of the Code of Miami-Dade County, Flor-ida. Said person may recover reasonableassessment or remediation costs or both.Nothing herein shall be construed to re-quire the Director to bring any such ac-tion on behalf of a private person or entityother than Miami-Dade County.

(b) The following persons, except for Miami-Dade County and any municipality inMiami-Dade County, shall be liable for allreasonable assessment and remediationcosts incurred by any person at abrownfields site in accordance with aBrownfields Site Rehabilitation Agree-ment authorized by Section 376.80, Flor-ida Statutes, and Section 24-26 of theCode of Miami-Dade County, Florida andsubject only to the defenses set forth inSections 24-26(4):

(i) The owner or operator of abrownfields site on the effective dateof the Brownfields Site Rehabilita-tion Agreement;

(ii) Any person who, at the time of dis-posal of any hazardous substancesor petroleum product, owned or op-erated a brownfields site at whichsuch hazardous substance or petro-leum product was disposed of;

(iii) Any person who, by contract agree-ment, or otherwise, arranges for dis-posal or treatment, or arranges witha transporter for transportation ordisposal or treatment, of a hazard-

ous substance or petroleum productowned or possessed by such personor by any other party or entity at abrownfields site;

(iv) Any person who accepts or has ac-cepted any hazardous substance orpetroleum product for transporta-tion or disposal or treatment at abrownfields site; or

(v) Any person who has caused, let, suf-fered, permitted, or allowed to becaused, let, suffered, or permitted,any nuisance or sanitary nuisance ata brownfields site.

(4) In any private cause of action broughtpursuant to this subsection to recover reasonableassessment or remediation costs or both, it shallnot be necessary to plead and prove negligence. Itshall only be necessary to plead and prove theexistence of a Brownfields Site RehabilitationAgreement, that a release or discharge of a haz-ardous substance or petroleum product has oc-curred at the brownfields site which is the subjectof said Brownfields Site Rehabilitation Agree-ment, and that reasonable assessment or remedia-tion costs, or both, have been incurred by theperson filing the action in accordance with theBrownfields Site Rehabilitation Agreement. Theonly defenses to such a private cause of actionshall be those specified in Sections 376.308,376.3078, and 376.82(4), Florida Statutes.

(5) In any private cause of action broughtpursuant to this subsection, the prevailing, partyshall be entitled to recover reasonable attorneyfees, expert witness fees and expenses, and costs.

(6) This subsection shall be liberally construedand shall be retroactively applied to protect thepublic health, safety, and welfare and to accom-plish the purposes of this Section.

(7) For the purposes of this subsection theterms "disposal," "release," and "hazardous sub-stance" shall have the same meaning as thoseterms are defined in the Comprehensive Re-sponse, Compensation, and Liability Act, 42 U.S.C.§ 9601, et seq.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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DIVISION 3. ENFORCEMENT

Sec. 24-27. Nuisance prohibited.

No person shall cause, or allow to be caused,any nuisance or sanitary nuisance as defined inSection 24-5 and/or 24-28 herein. In addition toall other remedies the Director may have, theDirector is authorized to seek, in the appropriatecourt, injunctive relief, both of a temporary andpermanent nature, against any person causing orallowing to be caused, any such nuisance.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-28. Nuisances injurious to health

(sanitary nuisances).

(1) The following conditions existing, permit-ted, maintained, kept or caused by any individ-ual, municipal organization or corporation, gov-ernmental or private, shall constitute a sanitarynuisance:

(a) Untreated or improperly treated or dis-posed of human waste, garbage, offal,dead animals or dangerous waste materi-als.

(b) Improperly built or maintained septictanks, water closets or privies.

(c) Discharging, or allowing the discharge ofseptic tank pump-out wastes into streams,or surface waters or underground aqui-fers or into ditches, drainage structures oron the ground surface.

(d) Supplying potable water without provid-ing disinfection by a public water supplysystem.

(e) Air pollution which is harmful to humanbeings, animal life, or plant life.

(f) Water pollution which is harmful to hu-man beings, animal life, or plant life.

(g) Ground pollution which is harmful to hu-man beings, animal life, or plant life.

(h) Objectionable odors which are harmful tohuman beings or animal life.

(2) The Director or the Director's designee isauthorized to investigate any condition or allegednuisance in any place within the geographicallimits of Miami-Dade County, and if such condi-tion is determined to constitute a sanitary nui-sance, the Director or the Director's designeeshall serve notice upon the proper party or partiesto remove, abate, or correct the said nuisancewithin twenty-four (24) hours or such other rea-sonable time as the Director or the Director'sdesignee may determine.

It shall be the duty of said Director, Environmen-tal Resources Management, to institute proceed-ings in the appropriate court against all personsfailing to comply with notices to remove, abate orcorrect said nuisance conditions.

(3) It shall be unlawful for any person to cause,maintain or allow to be caused or maintained anysanitary nuisance as defined in Section 24-5 herein.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-29. Enforcement; procedure, reme-

dies.

It shall be unlawful for any person to violateany of the provisions of this chapter, any lawfulrules and regulations promulgated under thischapter, any lawful order of the Director or theDirector's designee, or any condition, limitation orrestriction which is part of an operating permit. Itshall be the duty of all County and municipalofficials and employees to enforce the provisionsof this chapter. No building permit shall be issuedfor the installation of any improvements or facil-ities governed by the provisions of this chapterwithout the prior approval of the Director or theDirector's designee. In addition to any other rem-edies provided by this chapter, the Director shallhave the following judicial remedies available tothe Director for violations of this chapter, anylawful rule or regulation promulgated under thischapter, any lawful order of the Director or theDirector's designee, or any condition, limitation orrestriction which is part of an operating permit:

(1) The Director may institute a civil actionin a court of competent jurisdiction toestablish liability and to recover damagesfor any injury to the air, waters, or prop-


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erty, including animal, plant, and aquaticlife, within the geographical limits of Mi-ami-Dade County caused by such viola-tion.

(2) The Director may institute a civil actionin a court of competent jurisdiction toimpose and recover a civil penalty foreach violation in an amount of not morethan twenty-five thousand dollars($25,000.00) per offense. However, the courtmay receive evidence in mitigation. Eachday during any portion of which suchviolation occurs constitutes a separateoffense.

(3) The Director may institute a civil actionin a court of competent jurisdiction toseek injunctive relief to enforce compli-ance with or prohibit the violation of thischapter, any lawful rules or regulationspromulgated under this chapter, any law-ful order of the Director or the Director'sdesignee, or any condition, limitation orrestriction which is part of an operatingpermit; and to seek injunctive relief toprevent injury to the air, waters, andproperty, including animal, plant, andaquatic life within the geographical limitsof Miami-Dade County, and to protecthuman health, safety, and welfare causedor threatened by any violation.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-30. Penalties generally.

If any person shall fail or refuse to obey orcomply with, or violates any of the provisions ofthis chapter, or any lawful rule or regulationpromulgated hereunder, or any lawful order of theDirector or the Director's designee, or any condi-tion, limitation or restriction which is part of anoperating permit; issued or rendered under andpursuant to the provisions of this chapter, suchperson, upon conviction of such offense, shall bepunished by a fine not to exceed five hundreddollars ($500.00), or, in the case of a violation ofSection 24-42.4 of this Code, by a fine not toexceed two thousand ($2,000) per day, or byimprisonment in accordance with the penaltiesset forth in Section 125.69 of the Florida Statutes,

or by imprisonment not to exceed sixty (60) daysin the County Jail, or both in the discretion of thecourt. Each day of continued violation shall beconsidered as a separate offense.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-31. Civil liability; joint and several

liability; attorneys' fees.

(1) Whoever commits a violation of this chap-ter or any lawful rule or regulation promulgatedunder this chapter is liable to Miami-Dade Countyfor any damage caused to the air, ground, waters,or property, including animal, plant, or aquaticlife, within the geographical limits of Miami-DadeCounty and for reasonable costs and expenses ofMiami-Dade County in tracing the source of thedischarge, in controlling and abating the sourceand the pollutants, and in restoring the air, wa-ters, and property, including animal, plant, andaquatic life, within the geographical limits ofMiami-Dade County in accordance with the pro-visions of this chapter, and furthermore is subjectto the judicial imposition of a civil penalty foreach offense in an amount of not more thantwenty-five thousand dollars ($25,000.00) per of-fense. Each day during any portion of which suchviolation occurs constitutes a separate offense.Nothing herein shall give the Director the right tobring an action on behalf of any private person.

(2) Whenever two (2) or more persons pollutethe air, ground or waters of the County in viola-tion of this chapter or any lawful rule or regula-tion promulgated under this chapter or any orderof the Director so that the damage is indivisible,each violator shall be jointly and severally liablefor such damage and for the reasonable cost andexpenses of the County incurred in tracing thesource of the discharge, in controlling and abatingthe source and the pollutants, and in restoringthe air, waters, ground and property, includingthe animal, plant and aquatic life of the County inaccordance with the provisions of this chapter.However, if said damage is divisible and may beattributed to a particular violator or violators,each violator is liable only for that damage attrib-utable to his violation.


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(3) In assessing damages for fish killed, thevalue of the fish is to be determined in accordancewith a table of values for individual categories offish which has been promulgated by the FloridaDepartment of Environmental Protection.

(4) All the judicial remedies in this chapter areindependent and cumulative.

(5) Each mangrove tree unlawfully trimmed,cut or altered shall constitute a separate violationof this chapter.

(6) Whenever a violation of this chapter occursor exists, or has occurred or existed, any person,individually or otherwise, who has a legal, bene-ficial, or equitable interest in the facility or in-strumentality causing or contributing to the vio-lation, or who has a legal, beneficial, or equitableinterest in the real property upon which suchviolation occurs or exists, or has occurred orexisted, shall be jointly and severally liable forsaid violation regardless of fault and regardless ofknowledge of the violation. This provision shall beconstrued to impose joint and severable liability,regardless of fault and regardless of knowledge ofthe violation, upon all persons, individually orotherwise, who, although said persons may nolonger have any such legal, beneficial or equitableinterest in said facility or instrumentality or realproperty, did have such an interest at any timeduring which such violation existed or occurred orcontinued to exist or to occur. This provision shallbe liberally construed and shall be retroactivelyapplied to protect the public health, safety, andwelfare and to accomplish the purposes of thischapter.

(7) Any person violating any provision of thischapter shall immediately correct the violationand restore the air, water, ground and property,including but not limited to animal, plant, andaquatic life, affected by said violation in accor-dance with the provisions of this chapter.

(8) Owners of real property shall be liable forthe sums expended by the County pursuant toSection 24-7(27) when the violation of this chap-ter occurred or continued to exist or appearedimminent upon the real property aforesaid, re-gardless of fault and regardless of knowledge ofthe aforesaid violation. All sums expended by the

County pursuant to Section 24-7(27) of this Codeshall constitute and are hereby imposed as specialassessments against the real property aforesaid,and until fully paid and discharged or barred bylaw, shall remain liens equal in rank and dignitywith the lien of County ad valorem taxes andsuperior in rank and dignity to all other liens,encumbrances, titles and claims in, to or againstthe real property involved. All such sums shallbecome immediately due and owing to the Countyupon expenditure by the County and shall becomedelinquent if not fully paid within sixty (60) daysafter the due date. All such delinquent sums shallbear a penalty of fifteen (15) percent per annum.Unpaid and delinquent sums, together with allpenalties imposed thereon, shall remain and con-stitute special assessment liens against the realproperty involved for the period of five (5) yearsfrom due date thereof. Said special assessmentliens may be enforced by the Director by any ofthe methods provided in Chapter 85, FloridaStatutes, or, in the alternative, foreclosure pro-ceedings may be instituted and prosecuted by theDirector pursuant to the provisions of Chapter173, Florida Statutes, or the collection and en-forcement of payment thereof may be accom-plished by any other method provided by law. Allsums recovered by the County pursuant to thisprovision shall be deposited by the County intothe fund from which said sums were expended.

(9) Upon the rendition of a judgment or decreeby any of the courts of this state against anyperson and in favor of the Director under any ofthe provisions of this chapter, the trial court, or, inthe event of an appeal in which the Directorprevails, the appellate court shall adjudge ordecree against said person and in favor of theDirector a reasonable sum as fees or compensa-tion for the Director's attorney prosecuting thesuit in which the recovery is had. Where soawarded, compensation or fees of the attorneyshall be included in the judgment or decree ren-dered in the case. This provision shall apply to allcivil actions, legal or equitable, filed after theeffective date of this ordinance by the Directorpursuant to this chapter. Cessation of a nuisance,sanitary nuisance or of any other violation of anyof the provisions of this chapter whatsoever, priorto rendition of a judgment or of a temporary or


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final decree, or prior to execution of a negotiatedsettlement, but after an action is filed by theDirector under any of the provisions of this chap-ter, shall be deemed the functional equivalent of aconfession of judgment or verdict in favor of theDirector for which attorneys' fees shall be awardedby the trial court as set forth hereinabove.

(10) Each tree that is not exempt under thischapter and is unlawfully effectively destroyed orremoved shall constitute a separate violation ofthis chapter for which liability shall attach inaccordance with the provisions of Section 24-31and Section 24-49(4), (5), and (6). In addition, theowner and operator of any motor vehicle thatdestroys or effectively destroys any nonexempttree due to its negligent operation shall be jointlyliable for the replacement cost. Trees destroyed oreffectively destroyed by an Act of God shall notconstitute a violation of this chapter.

(11) In assessing damages for tree(s) orunderstory unlawfully removed, the value of thetree(s) or understory shall be based upon the costof the tree(s) or understory and all costs associ-ated with planting. At a minimum, the value ofthe tree(s) or understory, including the cost ofplanting, shall be two (2) times the current whole-sale price of the tree(s) or understory based uponthe largest available size or actual size of thetree(s) or understory removed, whichever is smaller,as set forth in recognized nursery publications.

(12) Whenever a mangrove tree is unlawfullytrimmed, cut or altered, any person who autho-rized, permitted, suffered, or allowed said viola-tion or whose agent, employee, servant, or inde-pendent contractor caused or contributed to theviolation or who has a legal, beneficial or equita-ble interest in the real property upon which suchviolation occurs or exists, shall be jointly andseverally liable for said violation regardless offault and regardless of knowledge of the violation.This provision shall be construed to impose jointand several liability, regardless of fault and re-gardless of knowledge of the violation, upon allpersons, individually or otherwise, who, althoughsaid persons may no longer have a legal, benefi-cial or equitable interest in said real property ormay no longer have a relationship with suchagent, employee, servant or independent contrac-

tor, did have such an interest or relationship atany time during which such violation existed oroccurred or continued to exist or occur. Thisprovision shall be liberally construed and shall beretroactively applied to protect the mangrove treeresources of Miami-Dade County and to accom-plish the purposes of this chapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

DIVISION 4. TRUSTS AND FEES

Sec. 24-32. Collection of fees.

The Miami-Dade County Department of Envi-ronmental Resources Management shall chargeand collect fees at the rates established by sepa-rate administrative order, which shall not becomeeffective until approved by the Board of CountyCommissioners. To preclude duplication of collec-tion responsibility, fees to be collected for servicesof the Public Works Department and the Depart-ment of Environmental Resources Managementfor one (1) and the same project may be jointlycollected if and as designated within the admin-istrative order.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-33. Refund of fees.

If a person, firm or corporation to whom apermit has been issued decides to cancel the workfor which a permit fee has been collected by theDepartment of Environmental Resources Manage-ment, the person, firm or corporation shall beentitled to a refund. Refunds for permit feespreviously collected shall be made by the FinanceDepartment, but must be requested prior to thebeginning of any work and no later than the dateon which the permit expires. No refunds shall bemade on permit fees of ten dollars ($10.00) or less.In lieu of a refund, a credit for the amount of thepermit fee in excess of the ten dollars ($10.00)may be given to the person, firm, or corporationwhich may be applied to the charge for a subse-quent permit of equal or greater amount.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-34. Service fee payable to County.

Each water or sewer utility shall collect fromits customers and pay to the County a County


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service fee equal to seven dollars and fifty cents($7.50) per each one hundred dollars ($100.00) ofthe receipts of said utility derived from its waterand/or sewer utility operations conducted withinthe County to cover the cost of providing certainenvironmental services to and certain environ-mental regulation of said water or sewer utilities.Receipts from bulk water and sewerage service toother water or sewer utilities shall be excludedfrom the imposition of the County service feeprovided for herein. Said service fee shall be dueand payable to the County annually and shall bebased upon receipts from water and/or sewerageservice for the period from the first of Octoberthrough the thirtieth of September of the follow-ing year. The fee shall be paid to Miami-DadeCounty no later than the first of December of eachyear for the period ending September 30 of thatyear. The first such period shall be October 1,1980, through September 30, 1981, and the firstfee payment shall be paid to the County on orbefore December 1, 1981. Failure to pay saidservice fee to the County on or before each De-cember 1 shall obligate the utility to pay to theCounty a late charge. Said late charge shall beone and one-half (11/2) percent of the unpaidbalance of the fee for each month or part of eachmonth that the fee remains unpaid.

Each water and sewer utility shall collect fromits customers the service fee imposed upon saidutility by this section, including but not limited tothose utilities whose rates are not regulated bythe Miami-Dade County Water and Sewer Board.Said County service fee imposed by this sectionshall be deemed a pass-through cost as defined bySection 32-64(b)(3) of the Code of Miami-DadeCounty, but no hearing shall be required of anywater and sewer utility before the Miami-DadeCounty Water and Sewer Board, nor shall theapproval of the Miami-Dade County Water andSewer Board be necessary for the imposition ofthis fee by the utility upon its customers. Ap-proval of this provision by the County Commis-sion shall constitute approval of the necessaryrate increase for the Miami-Dade Water and SewerDepartment pursuant to Chapter 32A.

Payment of the fee to the County shall beaccompanied by a statement verified by the util-ity showing its receipts upon which such fee is

computed. This statement shall be in such formas the Director shall prescribe and shall be sub-ject to audit by the County.

The service fee payable hereunder shall bedeposited in a separate County fund and shall beused exclusively by the Department to pay for thecosts of the following environmental services toand environmental regulation of said water andsewer utilities:

(1) Monitoring and evaluating water and sew-erage systems of said water and sewerutilities.

(2) Responding to and attempting to resolvecitizen complaints against said water andsewer utilities.

(3) Investigation, preparation, and prosecu-tion of enforcement actions, pursuant toChapter 24 of this Code, to protect thegroundwater, surface water and drinkingwater.

(4) Ambient monitoring of groundwater andsurface water.

(5) Special studies of groundwater, drinkingwater, and surface water when deemednecessary by the Director to protect thegroundwater, surface water and drinkingwater.

(6) Water supply protection, planning andprogramming, including without limita-tion, municipal solid waste landfill clo-sure, environmental remediation at land-fill sites, and land acquisition for purposesof water supply protection.

(7) Laboratory analyses of groundwater, sur-face water, drinking water, waste water,and other effluents affecting water qual-ity.

No part of said fund shall be used for purposesother than the aforesaid.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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Sec. 24-35. Separate County enforcement

fund.

The following sums recoverable by the Countyshall be deposited in a separate County fund:

(1) The compensatory and punitive damagesrecoverable by the County pursuant toSection 24-29(1) of the Code of Miami-Dade County.

(2) The civil penalties recoverable by theCounty pursuant to Section 24-31(2) ofthe Code of Miami-Dade County.

(3) The compensatory damages, punitive dam-ages, costs, expenses and civil penaltiesrecoverable by the County pursuant toSection 24-31(1) of the Code of Miami-Dade County.

(4) The sums recoverable by the County pur-suant to Section 24-31(2) of the Code ofMiami-Dade County.

(5) The sums recoverable by the County asreimbursement pursuant to Section 24-20(2) of the Code of Miami-Dade County.

(6) Notwithstanding subsections (1) through(5) hereinabove, any sums recoverable bythe County pursuant to any of the forego-ing provisions of Chapter 24 of the Code ofMiami-Dade County which qualify for de-posit in the Biscayne Bay EnvironmentalEnhancement Trust Fund shall be depos-ited in said Biscayne Bay EnvironmentalEnhancement Trust Fund.

(7) Notwithstanding subsections Sections 24-35(1) through (6) hereinabove, any sumsrecoverable by the County pursuant toany of the foregoing provisions of Chapter24 of the Code of Miami-Dade Countywhich qualify for deposit in the Tree TrustFund shall be deposited in said Tree TrustFund.

This fund may only be used to pay for thefollowing:

(a) Tracing, controlling and abating ofair pollution, water pollution, nui-sances and sanitary nuisances in theCounty.

(b) Enforcement of this chapter.

(c) Restoration of the air, waters, prop-erty, animal life, aquatic life, andplant life of the County to their formercondition.

(8) Reimbursement of sums given to theCounty by the State of Florida or theUnited States of America, or both, asreimbursement for expenditures by theCounty to trace, control and abate airpollution, water pollution, nuisances andsanitary nuisances in the County and torestore the air, waters, property, animallife, aquatic life and plant life of theCounty to their former condition. Saidreimbursement to the State of Florida orthe United States of America, or both,from this fund shall not in any case ex-ceed the amount of monies actually recov-ered and collected by the County from thepersons liable for the particular air pollu-tion, water pollution, nuisances and san-itary nuisances and furthermore shall notinclude any monies recovered by theCounty from said persons liable as com-pensatory damages, punitive damages orcivil penalties. Said reimbursement of sumsby the County to the State of Florida orthe United States of America, or both,shall be upon such terms and conditionsdeemed appropriate and approved by theBoard of County Commissioners.

(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-36. Pollution Prevention Trust Fund.

(1) The Pollution Prevention Trust Fund iscreated for use in developing, promoting andconducting environmental workshops, exposi-tions, symposia, conferences and other forms ofpublic information for the purpose of educatingindustry, government and the public about pollu-tion prevention. The Finance Director is herebyauthorized and directed to establish the PollutionPrevention Trust Fund and to receive and dis-burse monies in accordance with the provisions ofthis section.

(2) The Pollution Prevention Trust Fund shallreceive monies from the following sources:

(a) All revenues or fees collected by the De-partment from exhibitors, attendees, andsponsors participating in a pollution pre-vention event.


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(b) All monies accepted by Miami-Dade Countyin the form of federal, state, or othergovernmental grants, allocations, or ap-propriations, as well as foundation or pri-vate grants and donations, for the conduct-ing of pollution prevention environmentaleducation workshops, expositions, sympo-sia, conferences and other forms of publicinformation.

(c) Such additional allocations as may bemade by the Board of County Commission-ers from time to time for the purposes setforth herein.

(d) All interest generated from the sourcesidentified in Section 24-36(2)(a), (b) and(c) hereinabove, except where monies re-ceived have been otherwise designated orrestricted.

(3) The Pollution Prevention Trust Fund shallbe maintained in trust by the Finance Director forthe Board of County Commissioners solely for thepurposes set forth herein, in a separate andsegregated fund of the County which shall not becommingled with other County funds until dis-bursed for an authorized purpose pursuant toSection 24-36(4).

(4) The procurement of goods and services bythe Department which are funded from the Pol-lution Prevention Trust Fund, shall be exemptfrom the formal bidding procedures and the pro-visions of Miami-Dade County Administrative Or-ders 3-2 and 3-4. Disbursements therefor shallnot exceed twenty-five thousand dollars($25,000.00) per vendor, per event and shall onlybe made for the following purposes:

(a) Development, promotion and conductingof aforementioned Pollution Preventioneducational activities as approved by theDirector or the Director's designee.

(b) Costs associated with said educationalactivities including, but not limited to,facility rental, equipment rental, profes-sional and trade labor services, speakers'services, travel expenses, printing andmailing expenses, insurance, administra-tive costs, and any other goods or servicesnecessary.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-37. Wetlands Trust Fund.

(1) The Wetlands Trust Fund is created for usein acquiring, restoring, enhancing, managing ormonitoring (or any combination of the above)wetlands within Miami-Dade County as well asany associated hammock and pineland communi-ties. Monies also may be disbursed for such pur-poses for wetlands located outside of Miami-DadeCounty so long as they benefit wetland ecosys-tems in Miami-Dade County. The Finance Direc-tor is hereby authorized and directed to establishthe Wetlands Trust Fund and to receive anddisburse monies in accordance with the provi-sions of this section.

(2) The Wetlands Trust Fund shall receivemonies from the following sources:

(a) All revenues collected by the Departmentpursuant to Section 24-48.5(2)(e).

(b) All monies accepted by Miami-Dade Countyin the form of federal, state, or othergovernmental grants, allocations, or ap-propriations, as well as foundation or pri-vate grants and donations, for the acqui-sition, restoration, enhancement,management or monitoring of wetlandsas provided for in Section 24-37(4).

(c) Such additional allocations as may bemade by the Board of County Commission-ers from time to time for the purposes setforth herein.

(d) All interest generated from the sourcesidentified in Section 24-37(2)(a), (b) and(c) hereinabove, except where monies re-ceived have been otherwise designated orrestricted.

(3) The Wetlands Trust Fund shall be main-tained in trust by the Finance Director for theBoard of County Commissioners solely for thepurposes set forth herein, in a separate andsegregated fund of the County which shall not becommingled with other County funds until dis-bursed for an authorized purpose pursuant toSection 24-37(4).


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(4) Disbursements from the Wetlands TrustFund shall only be made for the following pur-poses:

(a) Acquisition, including by eminent do-main, restoration, enhancement, manage-ment or monitoring of wetland propertieslocated within Miami-Dade County.

(b) All costs associated with each such acqui-sition including, but not limited to, ap-praisals, surveys, title search work, realproperty taxes, documentary stamps andsurtax fees, and other transaction costs.

(c) Costs of administering the activities enu-merated in Section 24-37(4)(a) and (b),hereinabove, will be funded from the pro-ceeds of the Wetlands Trust Fund untilsuch time as the fund is closed.

(5) Disbursements from the Wetlands TrustFund for the acquisition of eligible propertiesshall require approval by the Board of CountyCommissioners after a public hearing on theproposed acquisition. A notice of the time andplace of said public hearing shall be published ina newspaper of general circulation in Miami-DadeCounty a minimum of seven (7) days prior to thepublic hearing. Said notice shall include the loca-tion and a brief statement of the reason for theproposed acquisition.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-38. Miami-Dade Stormwater Com-

pensation Trust Fund.

(1) The Stormwater Compensation Trust Fundis hereby created for use in land acquisition andconstructing, managing, operating or maintain-ing stormwater management areas within theBird Drive Everglades Wetland Basin, and BasinB and the North Trail Basin. The Finance Direc-tor is hereby authorized and directed to establishthe Stormwater Compensation Trust Fund and toreceive and disburse monies in accordance withthe provisions of this section.

(2) The Stormwater Compensation Trust Fundshall receive monies from the following sources:

(a) All revenues collected by the Departmentpursuant to Section 24-48.2(I)(B)(1)(h) ofthe Code of Miami-Dade County, Florida.

(b) All monies accepted by Miami-Dade Countyin the form of federal, state, or othergovernmental grants, allocations, or ap-propriations, as well as foundation or pri-vate grants and donations that are madefor the purposes of acquiring land or con-structing, managing, operating or main-taining stormwater management areas.

(c) Such additional allocations as may bemade by the Board of County Commission-ers from time to time for the purposes setforth in this section.

(d) All interest generated from the sourcesidentified in Section 24-38(2)(a), (b) and(c) of the Code of Miami-Dade County,Florida, except where monies received havebeen otherwise designated or restricted.

(3) The Stormwater Compensation Trust Fundshall be maintained by the Finance Director forthe Board of County Commissioners solely for thepurposes set forth herein, in a separate fund ofMiami-Dade County, which shall not be commin-gled with other county funds until disbursed foran authorized purpose pursuant to Section 24-38(4) of the Code of Miami-Dade County, Florida.

(4) The Director shall only make disbursementfrom the Stormwater Compensation Trust Fundfor the following purposes:

(a) Acquisition, including by eminent do-main, construction, management, opera-tion or maintenance of stormwater man-agement areas within the Bird DriveEverglades Wetland Basin, the North TrailBasin and Basin B as defined in Section24-5 of the Code of Miami-Dade County,Florida.

(b) All costs associated with each such acqui-sition including, but not limited to, ap-praisals, surveys, title search work, realproperty taxes, documentary stamps andsurtax fees, and other transaction costs.

(c) Costs of administering the activities enu-merated in Section 24-38(4)(a) and (b) ofthe Code of Miami-Dade County, Florida,shall be funded from the Stormwater Com-pensation Trust Fund.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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Sec. 24-39. Tree Trust Fund and Tree Forest

Resources Advisory Committee.

(1) Creation of the Tree Trust Fund. There ishereby created a Tree Trust Fund, the purpose ofwhich is to acquire, protect and maintain naturalforest communities in Miami-Dade County and toplant trees on public property.

(2) Creation of the Tree and Forest Resources

Advisory Committee. The Tree and Forest Re-sources Advisory Committee is hereby estab-lished for the purpose of providing the Board ofCounty Commissioners with recommendations re-garding the Tree Trust Fund, and recommenda-tions to the Director regarding the establishmentof Departmental policies relating to OrdinanceNumber 89-8.

(a) Composition and qualifications of mem-

bers. The Committee shall be composed ofthirteen (13) members which shall be ap-pointed by the Board of County Commis-sioners. The Director or the Director'sdesignee shall submit recommendationsfor appointments to the Miami-DadeCounty Manager. Members of the Com-mittee shall be residents of Miami-DadeCounty who possess outstanding reputa-tions for civic pride, interest, integrity,responsibility, and business or profes-sional ability. Appointments shall be madeby the County Commission on the basis ofexperience or interest in the fields ofconservation, botany, horticulture, land-scape architecture, agriculture, land use,land planning, or land development. TheDirector or the Director's designee shallserve as executive secretary to the Com-mittee. The process of appointment andother requirements of Ordinance 80-136(Chapter 2, Article I B, Sections 2-11.36through 2-11.40 of this Code) shall befollowed.

(b) Terms of office and organization. In orderthat the terms of office of all appointedmembers of the Committee shall not ex-pire at the same time, the initial appoint-ments to the Committee shall be as fol-lows: seven (7) members shall be appointedfor a term of one (1) year, and six (6)

members shall be appointed for a term oftwo (2) years. Thereafter, all membersshall be appointed for a term of two (2)years. Appointments to fill any vacancyon the Committee shall be for the remain-der of the unexpired term of office. Themembers of the Committee shall elect achairman and such other officers as maybe deemed necessary or desirable, whoshall serve at the will of the Committee.Appointed members shall serve withoutcompensation but shall be reimbursed fornecessary expenses incurred in the perfor-mance of their official duties, in accor-dance with County policy, upon approvalof the County Manager. A majority vote ofa quorum shall be necessary to take anyaction. Seven (7) members shall consti-tute a quorum.

(c) Meetings and authority. The Committeeshall hold a minimum of one (1) publicly-advertised meeting per year. The Commit-tee shall have the authority to make rec-ommendations to the Board of CountyCommissioners concerning any matter re-lating to the tree trust fund. The Commit-tee shall also have the authority to makerecommendations to the Director regard-ing Departmental policies relating to Or-dinance Number 89-8, and shall reviewand approve the quantitative evaluationform which the Department shall use forevaluating natural forest communities. Inaddition, upon request, the Committeeshall have the authority to make recom-mendations to the Environmental QualityControl Board concerning variance re-quests made pursuant to this OrdinanceNumber 89-8, natural forest communitysite additions or deletions, and naturalforest community boundary line modifica-tions being proposed by the Director orthe Director's designee.

(3) Disbursement and maintenance of the Tree

Trust Fund. Monies obtained for the Tree TrustFund shall be disbursed for the acquisition, main-tenance, management and protection of naturalforest communities, or for planting trees on publicproperty. Such monies may be used as a matching


3277Supp. No. 58

fund contribution towards the acquisition of nat-ural forest communities in Miami-Dade County inassociation with other public land acquisitionprograms, such as, but not limited to, the State ofFlorida Conservation and Recreational Lands TrustFund. Said trust fund shall be kept and main-tained in trust by the Board of County Commis-sioners solely for the purposes set forth in thissection in a separate and segregated fund of theCounty which shall not be commingled with otherCounty funds until disbursed for an authorizedpurpose pursuant to this section. Disbursementfrom the tree trust fund shall require approval byresolution of the Board of County Commissioners,provided, however, that any funds received pur-suant to the conditions of any tree removal permitshall be used as required by the permit conditionswithout the necessity of approval, appropriation,or action of any kind by the Board of CountyCommissioners. Prior to approving disburse-ments, the Board of County Commissioners shallconsider the recommendations of the County Man-ager and the Tree and Forest Resources AdvisoryCommittee. The County Manager, prior to mak-ing any such recommendations, shall consider therecommendations of the Department pertainingto the proposed disbursement(s) for the acquisi-tion of natural forest communities or planting oftrees on public property. The Finance Director ishereby authorized to establish the Tree TrustFund and to receive and disburse monies inaccordance with the provisions of this section.

(4) Source of monies for the Tree Trust Fund.

Said Tree Trust Fund shall consist of the follow-ing monies:

(a) All monies collected by the Departmentfor environmental damages to tree or for-est resources and environmental mitiga-tion for the loss of tree or forest resourceswhich are obtained through civil lawsuits,consent agreements or after-the-fact treeremoval permits, except penalties and ad-ministrative costs.

(b) All monies offered to and accepted byMiami-Dade County for the Tree TrustFund in the form of federal, State, orother governmental grants, allocations orappropriations, as well as foundation orprivate grants and donations, shall be

disbursed strictly in accordance with termsand conditions of the grant, allocation,appropriation or donation and shall beearmarked accordingly.

(c) Contributions in lieu of, or in conjunctionwith, the replacement planting provisionsof Section 24-49.4(2). The Department shallcollect funds designated for the Tree TrustFund when the replacement planting re-quirements of Section 24-49.4(2) cannotbe met, and in accordance with Section24-49.2(II)(5).

(5) Interest. Unless otherwise restricted by theterms and conditions of a particular grant, gift,appropriation or allocation, all interest earned bythe investment of all monies in the Tree TrustFund shall be disbursed by resolution of theBoard of County Commissioners for any projectauthorized consistent with Section 24-39. Trustfund monies shall be invested only in accordancewith the laws pertaining to the investment ofCounty funds.

(6) Decisions to grant or deny tree removalpermits shall be made without consideration ofthe existence of this fund or offers of donations ofmonies thereto.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-40. Biscayne Bay Environmental En-

hancement Trust Fund.

There is hereby created a Biscayne Bay Envi-ronmental Enhancement Trust Fund, the moniesof which shall be disbursed only for the environ-mental enhancement of Biscayne Bay and itsforeshore, consistent with the objectives adoptedby this Board by Resolution R-1610-79, as may beamended from time to time; the prioritized list ofprojects adopted by this Board by ResolutionR-1609-79, as may be amended from time to time;and with the forthcoming comprehensive BiscayneBay management plan.

(1) Definitions:

(a) Excess monies shall be defined asthose monies which are necessary toenhance the particular area(s) ofBiscayne Bay and the foreshore en-


3278Supp. No. 58

vironmentally damaged or degraded,and which remain in the trust fundafter all monies from a particularaction, claim, assessment, grant, ap-propriation, allocation, permit condi-tion or donation have been disbursed.

(b) Environmental enhancement shall bedefined as restoration or improve-ment of natural and indigenous hab-itats within Biscayne Bay or itsforeshore through the establishment,restoration or improvement of biolog-ical communities in order to increasethe net habitat value of the bay.Environmental enhancement mayalso be defined as those alterationsin hydrodynamics, water and sedi-mentary chemistry that may be nec-essary to establish or reestablish nat-ural and indigenous bioticcommunities within Biscayne Bay orits foreshore. Further, it is presumedthat those enhancement activitiescontemplated by the forthcoming com-prehensive Biscayne Bay manage-ment plan, the prioritized list ofprojects (except studies) as adoptedby Resolution R-1609-79, as may beamended from time to time; and thoseprojects consistent with the objec-tives adopted by Resolution R-1610-79, as may be amended from time totime; are for the environmental en-hancement of Biscayne Bay and itsforeshore and qualify for funding fromthis trust fund.

(c) Mitigation includes any of the follow-ing:

(i) Avoiding the impact altogetherby not taking a certain actionor parts of an action;

(ii) Minimizing impacts by limitingthe degree or magnitude of theaction or its implementation;

(iii) Rectifying the impact by repair-ing, rehabilitating, or restoringthe affected environment;

(iv) Reducing or eliminating the im-pact over time by preservationand maintenance operationsduring the life of the action;

(v) Compensating for the impactby replacing or providing sub-stitute resources or environ-ments.

(2) Said trust fund shall be kept and main-tained in trust by the Board of CountyCommissioners for the purposes set forthin this section in a separate and segre-gated fund of the County which shall notbe commingled with other County fundsuntil disbursed for an authorized purposepursuant to this section.

(3) Said trust fund shall consist of the follow-ing monies and shall be disbursed inaccordance with the following require-ments:

(a) All monies available to or recoveredby the County from enforcement anddamage actions and claims againstpersons who have environmentallydamaged or degraded Biscayne Bayand its foreshore:

(i) Such monies shall be first dis-bursed for the environmentalenhancement of the particulararea(s) of Biscayne Bay and itsforeshore damaged or degradedunless enhancement in the par-ticular area(s) is clearly shownto be not possible. In the eventof the latter, such monies shallbe disbursed for environmentalenhancement of other area(s) ofBiscayne Bay and its foreshore.

(ii) Any excess monies derived fromsuch enforcement and damageactions and claims may be dis-bursed for environmental en-hancement of other areas ofBiscayne Bay and its foreshoreas authorized and approved byresolution of the Board ofCounty Commissioners.


3279Supp. No. 58

(b) All monies available to and receivedby Miami-Dade County from envi-ronmental mitigation assessmentsfrom all private persons and all gov-ernmental bodies, units, agencies,authorities and departments, includ-ing, but not limited to, Miami-DadeCounty, for environmental damageor degradation to Biscayne Bay andits foreshore:

(i) Such monies shall be disbursedfor environmental enhancementof Biscayne Bay and itsforeshore as authorized and ap-proved by resolution of theBoard of County Commission-ers. However, if mitigation ac-tivities are specified as condi-tions of any permit, then saidmitigation funds shall be usedas required by the permit con-ditions, without the necessityof the Board of County Commis-sioners' approval, appropria-tion, or action of any kind.

(c) All monies offered to and acceptedby Miami-Dade County for the envi-ronmental enhancement of BiscayneBay and its foreshore in the form offederal, State, and other governmen-tal grants, allocations, and appropri-ations as well as foundation andprivate grants and donations:

(i) Such monies shall be disbursedfor the environmental enhance-ment of Biscayne Bay and itsforeshore strictly in accordancewith terms and conditions ofthe grant, allocation, appropri-ation, or donation and shall beearmarked accordingly.

(ii) Any excess monies derived fromsuch grant, allocation, appropri-ation, or donation shall be dis-bursed or allocated in accor-dance with the terms andconditions, if any, of such grant,allocation, appropriation, or do-nation. If no such terms or con-

ditions attach to such excess,then such excess, if any, shallbe disbursed for the environ-mental enhancement ofBiscayne Bay and its foreshoreas authorized and approved byresolution of the Board ofCounty Commissioners.

(4) Unless otherwise specified herein, no dis-bursements whatsoever shall be made fromthe Biscayne Bay Environmental Enhance-ment Trust Fund until and unless autho-rized and approved by resolution of theBoard of County Commissioners. Prior toauthorizing and approving said disburse-ments, the Board of County Commission-ers shall receive and consider the recom-mendations of the County Manager. TheCounty Manager, prior to making anysuch recommendations, shall receive andconsider the recommendations of the De-partment pertaining to the proposed par-ticular disbursement for environmentalenhancement of Biscayne Bay and itsforeshore. The Finance Director is herebyauthorized to establish the Biscayne BayEnvironmental Enhancement Trust Fundand to receive monies therefor in accor-dance with provisions of this section andshall disburse monies from said trust fundonly upon authorization pursuant to res-olution of the Board of County Commis-sioners.

(5) Unless otherwise restricted by the termsand conditions of a particular grant, gift,appropriation, allocation, or permit condi-tion, all interest earned by the investmentof all monies in the trust fund shall bedisbursed by resolution of the Board ofCounty Commissioners for any projectauthorized by the Board which will envi-ronmentally enhance Biscayne Bay andits foreshore. Trust fund moneys shall beinvested only in accordance with the lawspertaining to the investment of Countyfunds.

(6) No moneys or interest accrued in suchtrust fund shall be disbursed for environ-mental studies of Biscayne Bay or its


3280Supp. No. 58

foreshore unless required by the termsand conditions of a particular grant, do-nation, appropriation, allocation, or per-mit condition.

(7) Decisions to grant or deny permits for anyactivities within Biscayne Bay or itsforeshore shall be made without consider-ation of the existence of this trust fund.Each application for any permit must beevaluated independently of the existenceof this fund or offers of donation of mon-eys thereto.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

ARTICLE II. AIR QUALITY

Sec. 24-41. Prohibitions against air pollu-

tion.

No person shall cause, let, permit, suffer orallow to be discharged into the atmosphere fromany single source of emission whatsoever, any aircontaminant for more than three (3) minutes inany hour which at the emission point is:

(1) Equal to or greater than the density thatis designated as number 2 on theRingelmann Chart as published in theU.S. Bureau of Mines Information Circu-lar No. 7718. Other standards may beused to measure smoke density whichgive results equivalent or comparable tothose obtained using said chart, if such

standards of measurement are approvedby and acceptable to the Director, Envi-ronmental Resources Management.

(2) Of such opacity as to obscure an observer'sview to a degree equal to or greater thannumber 2 on the Ringelmann Chart.

(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-41.1. Prohibitions against motor ve-

hicles as sources of air pollu-

tion.

(1) Prohibited Conditions: It shall be unlawfulafter the effective date of this section for theowner of a motor vehicle to operate, permit orallow to be operated a motor vehicle which:

(a) Emits air contaminants as dark as ordarker in shade than that designated asnumber 1 on the Ringelmann Chart or ofsuch an opacity equal to or greater thantwenty (20) per cent for longer than five(5) consecutive seconds; or

(b) Has had any of its emission control de-vices, as installed at the time of manufac-ture, removed, disconnected and/or dis-abled; or

(c) Is powered by any fuel that may defeatthe design purpose of the motor vehicle'semission control devices, including butnot limited to leaded gasoline used in amotor vehicle designed to be powered byunleaded gasoline.

(2) Emission Limiting Standards Applicable to

Gasoline-Powered Motor Vehicles:

(a) Light duty vehicles (passenger vehicles with net weight of 5,000 pounds or less):

Manufacturer's Model Year

Hydrocarbons, PPM Exhaust

Emission Vehicle at Idle

Carbon Monoxide, % Exhaust


1975—1977 500 5.01978—1979 400 4.01980 300 3.01981+ 220 1.2

(b) Light duty trucks, vans, and passenger vehicles (gross vehicle weight of 6,000 pounds or less):






1975—1977 500 6.0


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1978—1979 450 5.01980 300 3.01981—1984 250 2.01985+ 220 1.2

(c) Light duty trucks, vans, and passenger vehicles (gross vehicle weight of 6,001 pounds to 10,000

pounds):






1975—1977 750 6.51978—1979 600 5.51980 400 4.51981—1984 300 3.01985+ 220 1.2

(3) Motor Vehicles Exempted: The provisions ofthis section shall not apply to off-highway farm,forest and construction equipment being movedfrom one (1) work location to another.

(4) Inspection:

(a) Compliance shall be verified through aninspection program established by the De-partment. Vehicle emission levels shall betested in accordance with applicable cri-teria contained in Chapter 62-242 of theFlorida Administrative Code, as amendedfrom time to time.

(b) Whenever evidence has been obtained orreceived establishing that a violation ofthis section has been committed, the Di-rector or Director's designee, shall issue anotice to correct the violation or a citationto cease the violation and cause the sameto be served upon the violator by personalservice or certified mail. Such notice orcitation shall set forth the nature of theviolation and specify a reasonable timewithin which the violation shall be recti-fied or stopped, commensurate with thecircumstances.

(c) Such notice or citation shall specify areasonable time and place for a reinspec-tion of the motor vehicle to confirm thatthe violation has been corrected. "Reason-

able time" herein means the shortest prac-ticable time to rectify or stop the viola-tion. If a determination has been made bythe Director or the Director's designeethat a violation of the provisions of thissection may result in adverse health im-pact in a public area, the owner/operatorof the vehicle in violation shall be re-quired to correct the violation by immedi-ately removing the vehicle from the af-fected public area.

(d) Further, said vehicle shall not be allowedto resume operation within the affectedpublic area until it demonstrates full com-pliance with the provisions of this section.

(e) If notice to correct the violation or citationto cease the violation is not obeyed withinthe time set forth therein, the Director orthe Director's designee shall have thepower and authority to issue an orderrequiring the violator to restrict, cease orsuspend operation of the motor vehiclecausing the violation until the violation iscorrected. Any order issued by the Direc-tor or the Director's designee hereundermay be enforced by suit brought by theDirector in the appropriate court of com-petent jurisdiction.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


3282Supp. No. 58

Sec. 24-41.2. Dust and fumes.

(1) No person shall cause, let, permit, suffer or allow the emission in any one (1) hour from any sourcewhatsoever, dust and fumes in total quantities in excess of the amounts shown in the following table:

DUST AND FUMES TABLE

Process Wt./hr.(lbs.)

Maximum Weight

Disch./hr.(lbs.) Process Wt./hr.(lbs.)

Maximum Weight

Disch./hr.(lbs.)

50 .24 900 2.62100 .46 950 2.72150 .66 1000 2.80200 .852 1100 2.97250 1.03 1200 3.12300 1.20 1300 3.26350 1.35 1400 3.40400 1.50 1500 3.54450 1.63 1600 3.66500 1.77 1700 3.79550 1.89 1800 3.91600 2.01 1900 4.03650 2.12 2000 4.14700 2.24 2100 4.24750 2.34 2200 4.34800 2.43 2300 4.44850 2.53 2400 4.552500 4.64 5500 7.032600 4.74 6000 7.372700 4.84 6500 7.712800 4.92 7000 8.052900 5.02 7500 8.393000 5.10 8000 8.713100 5.18 8500 9.033200 5.27 9000 9.363300 5.36 9500 9.673400 5.44 10000 10.03500 5.52 11000 10.633600 5.61 12000 11.283700 5.69 13000 11.893800 5.77 14000 12.503900 5.85 15000 13.134000 5.93 16000 13.744100 6.01 17000 14.364200 6.08 18000 14.974300 6.15 19000 15.584400 6.22 20000 16.194500 6.30 30000 22.224600 6.37 40000 28.34700 6.45 50000 34.3


3283Supp. No. 58

Process Wt./hr.(lbs.)

Maximum Weight

Disch./hr.(lbs.) Process Wt./hr.(lbs.)

Maximum Weight

Disch./hr.(lbs.)

4800 6.52 60000 40.04900 6.60 or more5000 6.67

(2) To use this table take the process weightrate; then find this figure on the table; opposite isthe maximum number of pounds of contaminantswhich may be discharged into the atmosphere inany one (1) hour.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.3. Sulfur dioxide.

(1) Ambient air quality standards. No person,firm, corporation, or other entity shall cause, let,permit, suffer or allow any emission of sulfurdioxide which would exceed any of the followingstandards in any part of Miami-Dade County:

(a) Annual arithmetic mean—25 microgramsper cubic meter (0.007 parts per million);

(b) Twenty-four-hour concentration—110 mi-crograms per cubic meter (0.040 parts permillion), not to be exceeded more thanonce per year;

(c) Three-hour concentration—350 micro-grams per cubic meter (0.130 parts permillion), not to be exceeded more thanonce per year.

(2) Emission standards. No person, firm, cor-poration or other entity shall cause, let, permit,suffer or allow the emission of sulfur dioxide fromany stationary fossil fuel fired combustion sourcelocated in Miami-Dade County and exceeding thefollowing standards:

(a) Source with more than two hundred fiftymillion (250,000,000) Btu per hour heatinput:

(i) New sources subsequent to the effec-tive date of this section:

1. 0.8 pound per million Btu heatinput when liquid fuel is burned;

2. 1.2 pounds per million Btu heatinput when solid fuel is burned.

(ii) Existing sources no later than one(1) year after the effective date ofthis section:

1. 1.1 pounds per million Btu heatinput when liquid fuel is burned;

2. 1.5 pounds per million Btu heatinput when solid fuel is burned.

(b) New and existing stationary fossil fuelfired combustion sources with two hun-dred fifty million (250,000,000) or lessBtu per hour heat input:

(i) 1.1 pounds per million Btu heat in-put, when liquid fuel is burned;

(ii) 1.5 pounds per million Btu heat in-put, when solid fuel is burned.

(c) Notwithstanding any other requirementof this section, fossil fuel fired steamgenerating plants with stack heights lessthan four hundred (400) feet above groundlevel shall not cause, let, permit, suffer orallow the emission of sulfur dioxide toexceed 0.55 pound per million Btu heatinput. In addition, any such fossil fuelfired steam generating plants with a max-imum heat input greater than two hun-dred fifty million (250,000,000) Btu perhour heat input shall limit the use of fueloils to start up only, and shall burn onehundred (100) percent natural gas duringall other phases of operation.

New sources approved after the effective date ofthis section shall comply with the provisionsherein. Existing sources approved on or before theeffective date of this section shall comply with theprovisions of this section no later than one (1)year after effective date of this section.

(3) Sampling and testing.

(a) All persons shall, upon request of theDepartment, provide continuous auto-


3284Supp. No. 58

matic monitoring, testing and records ofcontaminants being emitted from a source;

(b) All persons shall provide facilities for con-tinuously determining the input processweight or input heat when such factorsare the basis for limiting standards;

(c) Any person, firm, corporation or otherentity responsible for the emission of airpollutants from any source shall, uponrequest of the Department, provide inconnection with such sources and relatedsource operations, such sampling and test-ing facilities as may be necessary for theproper determination of the nature andquantity of air pollutants which are, ormay be emitted as a result of such opera-tion;

(d) When the Department, upon investiga-tion, has good reason to believe that theprovisions of this section concerning emis-sion of pollutants are being violated, itmay require the person, firm, corporationor other entity responsible for the sourceof pollutants to conduct tests which willidentify the nature and quantity of pollut-ant emissions from the source and toprovide the results of said tests to theDepartment. These tests shall be carriedout under the supervision of the Depart-ment, and at the expense of the personresponsible for the source of pollutants;

(e) All analyses and tests shall be conductedin a manner specified by the Department.Results of analyses and tests shall becalculated and reported in a manner spec-ified by the Department;

(f) Analyses and tests for compliance may beperformed by the Department at the costof the person responsible for the emissionof air pollutants.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.4. Open burning.

No person shall ignite, cause to be ignited,permit to be ignited or suffer, allow or maintainany open outdoor fire except as provided in Sec-tion 24-41.5.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-41.5. Exceptions to prohibition

against open burning.

The following fires are excepted from the pro-visions of this chapter:

(1) Fires used only for noncommercial cook-ing of food for human beings or for recre-ational purposes.

(2) Any fire set or permitted by the Directorin the performance of official duty, if suchfire is set or permission given for thepurpose of weed abatement, the preven-tion of a fire hazard, including the dis-posal of dangerous materials when thereis no safe alternate method of disposal, orin the instruction of public employees inthe methods of fighting fires, which fire is,in the opinion of such official, necessary.

(3) Fires set for the purpose of instruction inthe methods of fighting fires, providedprior permission has been granted by apublic officer in the performance of officialduty and by the Director.

(4) An agricultural fire set by or permitted bythe Director if such fire is for the purposeof disease and pest prevention, or for frostprotection.

(5) Smokeless flares or safety flares for thecombustion of waste gases.

(6) A fire set or permitted by the Director ofthe Department of Environmental Re-sources Management, Miami-Dade FireRescue Department, and under his con-trol for the purpose of nonrecurrent clear-ing of debris from land, agricultural andsilviculture.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


3285Supp. No. 58

Sec. 24-41.6. Storage and handling of petro-

leum products.

(1) The provisions of this section shall apply tothe owners and operators of all loading facilities,motor vehicle fuel delivery vessels and motorvehicle fuel service stations dispensing, distribut-ing or storing gasoline, gasohol or other petro-leum distillates having a Reid vapor pressure ofone and five-tenths (1.5) pounds per square inchabsolute or greater under actual storage condi-tions. For the purpose of this section, any petro-leum distillate having a Reid vapor pressure offour (4.0) pounds per square inch or greater shallbe included in the term "gasoline."

(2) It shall be unlawful for any person to place,store or hold in any stationary tank, reservoir orother container of more than forty thousand(40,000) gallons capacity any gasoline, gasohol orany petroleum distillate unless such stationarytank, reservoir, or other container is a pressuretank maintaining working pressure sufficient atall times to prevent hydrocarbon vapor or gas lossto the atmosphere, or is designed and equippedwith one (1) of the following vapor loss controldevices, properly installed, in good working orderand in operation:

(a) A floating roof, consisting of a pontoontype or double-deck type roof, resting onthe surface of the liquid contents andequipped with a closure seal, or seals, toclose the space between the roof edge andtank wall. The control equipment pro-vided for in this paragraph shall not beused if the gasoline, gasohol or petroleumdistillate has a Reid vapor pressure ofeleven (11.0) pounds per square inch ab-solute or greater under actual storageconditions. All tank gauging and sam-pling ports shall be vapor-tight exceptwhen gauging or sampling is taking place.

(b) A vapor recovery system capable of collect-ing and processing the hydrocarbon va-pors and gases produced in order to pre-vent their emission to the atmosphere. Alltank gauging and sampling ports shall bemaintained in a vapor-tight condition ex-cept when gauging or sampling is takingplace.

(c) Other equipment of equivalent efficiency,provided that plans for such equipmentare submitted to and approved by theDirector or the Director's designee.

(3) It shall be unlawful for any person todispense or to permit, cause, allow, let or sufferthe dispensing of gasoline, gasohol or any petro-leum distillate into any motor vehicle fuel tank orinto any motor vehicle fuel delivery vessel fromany loading facility unless such loading facility isequipped with a vapor collection system or itsequivalent, properly installed, and operational, asapproved by the Director or the Director's desig-nee. When dispensing gasoline, gasohol or otherpetroleum distillates through the hatches of amotor vehicle fuel delivery vessel with a loadingarm equipped with such vapor collection system,a pneumatic, hydraulic or other mechanical de-vice shall be installed to create a vapor-tight sealbetween the loading arm and the hatch. For allother loading of gasoline, gasohol and other pe-troleum distillates effected through means otherthan hatches, delivery lines shall be equippedwith fittings which create vapor-tight connectionsand which close automatically when discon-nected. The vapor collection system required hereinshall be one (1) of the following:

(a) A vapor-liquid absorption system with aminimum recovery efficiency of ninety(90) percent by weight of all the hydrocar-bon vapors and gases entering into suchcollection system.

(b) A variable vapor space tank, compressor,and fuel gas system of sufficient capacityto receive all hydrocarbon vapors andgases entering into such collection systemor displaced from the motor vehicle deliv-ery vessel.

(c) Another system of equivalent efficiency tothe vapor collection systems described in(1) and (2) above, provided that plans forsuch systems are submitted to and ap-proved by the Director or the Director'sdesignee.

(4) It shall be unlawful for any person toconstruct or operate, or to permit, cause, allow, letor suffer the construction or operation of a motorvehicle fuel service station after December 14,


3286Supp. No. 58

1990 without said station being completelyequipped with balanced or vacuum assist systemsor equivalent systems approved by the Director orthe Director's designee, with a minimum designefficiency of a ninety-five (95) percent recoveryrate.

(5) It shall be unlawful for any person tooperate, or to permit, cause, allow, let or suffer theoperation of a motor vehicle fuel service stationutilizing a balanced or vacuum assist system orapproved equivalent system for the control ofgasoline or gasohol vapors resulting from motorvehicle fueling operations without conspicuouslyposting operating instructions for the system inthe motor vehicle fuel dispensing area. The in-structions shall clearly describe the correct methodto dispense fuel to motor vehicles with the vaporrecovery nozzles utilized at the station.

(6) It shall be unlawful for any person toutilize, or to permit, cause, allow, let or suffer theutilization of any vapor recovery system not oper-ating in accordance with plans approved by theDirector or the Director's designee.

(7) Notwithstanding the foregoing provisionsof this section, the following persons shall not berequired to comply with the requirements of thissection until December 14, 1993.

(a) Any person who is operating a motorvehicle fuel service station with all therequired operating permits pursuant toSection 24-18 of the Code of Miami-DadeCounty, Florida on December 14, 1990.

(b) Any person who has obtained, on or beforeDecember 14, 1990, the written approvalof the Director or the Director's designeefor the construction of a new motor vehi-cle fuel service station and has a certifi-cate of occupancy.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.7. Incinerator burning.

No person shall burn any combustible refuse inany incinerator in Miami-Dade County except ina multi-chamber incinerator as described in thischapter, or in equipment found by the Director inadvance of such use to be equally effective for the

purpose of air pollution control as an approvedmulti-chamber incinerator. The maximum dis-charge of particulate matter shall not exceedtwo-tenths grains per standard cubic foot of drygas corrected to fifty (50) percent excess air.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.8. Oil-effluent water separator.

A person shall not use any compartment of anysingle or multiple compartment oil-effluent waterseparator which compartment receives effluentwater which contains two hundred (200) gallons aday or more of any petroleum product or mixtureof petroleum products from any equipment pro-cessing, refining, treating, storing or handlingkerosene or other petroleum product of equal orgreater volatility than kerosene, unless such com-partment is equipped with one (1) of the followingvapor loss control devices, properly installed, ingood working order and in operation:

(1) A solid cover with all openings sealed andtotally enclosing the liquid contents. Allgauging and sampling devices shall begastight except when gauging or sam-pling is taking place.

(2) A floating roof, consisting of a pontoontype or double-deck roof resting on thesurface of the liquid contents and equippedwith a closure seal, or seals, to close thespace between the roof edge and containerwall. All gauging and sampling devicesshall be gastight except when gauging orsampling is taking place.

(3) A vapor recovery system, consisting of avapor gathering system capable of collect-ing the hydrocarbon vapors and gasesdischarged and a vapor disposal systemcapable of processing such hydrocarbonvapors and gases so as to prevent theiremission to the atmosphere and with alltank gauging and sampling devicesgastight except when gauging or sam-pling is taking place.

(4) Other equipment of equal efficiency, pro-vided plans for such equipment are sub-mitted to and approved by the Director orthe Director's designee. For the purpose of


3287Supp. No. 58

this section, "kerosene" is defined as anypetroleum product which, when distilledby ASTM standard test Method D 86-56,will give a temperature of four hundredone (401) degrees Fahrenheit or less atthe ten (10) percent point recovered.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.9. Reduction of animal matter.

A person shall not operate or use any article,machine, equipment or other contrivance for thereduction of animal matter unless all gases, va-pors and gas-entrained effluents from such anarticle, machine, equipment or other contrivanceare:

(1) Incidental at temperatures of not lessthan one thousand six hundred (1,600)degrees Fahrenheit for a period of not lessthan three-tenths second; or

(2) Proceed in a manner determined by theDirector to be equally, or more, effectivefor the purpose of air pollution controlthan (1) above.

A person incinerating or processing gases, va-pors, or gas-entrained effluents pursuant to thissection shall provide, properly install and main-tain in calibration, in good working order and inoperation, devices as specified by the Director forindicating temperature, pressure or other operat-ing conditions.

For the purpose of this section, "reduction" isdefined as any heated process, including render-ing, cooking, drying, dehydrating, digesting, evap-orating and protein concentrating.

The provisions of this section shall not apply toany article, machine, equipment or other contriv-ance used exclusively for the processing of food forhuman consumption.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.10. Sampling and testing.

A person responsible for the emission of aircontaminants from any source shall, upon requestof the Director, provide in connection with suchsources and related source operations, such sam-

pling and testing facilities exclusive of instru-ments and sensing devices as may be necessaryfor the proper determination of the nature, ex-tent, quantity, and degree of air contaminantswhich are, or may be, emitted as a result of suchoperation.

(1) Such facilities may be either permanentor temporary at the discretion of the per-son responsible for their provision andshall be suitable for the use of methodsand equipment specified by the Director,who shall indicate in writing the requiredsize, number and location of samplingholes; the size and location of the sam-pling platform; and the utilities for oper-ating the sampling and testing equip-ment.

The facilities shall comply with all appli-cable laws and regulations concerning safeconstruction and safe practice in connec-tion with such facilities.

(2) When the Director has good reason tobelieve that the provisions of this chapterconcerning emission of contaminants arebeing violated, the Director may requirethe person responsible for the source ofcontaminants to conduct tests which willshow the contaminant emissions from thesource and to provide the results of saidtests to the Director. These tests shall becarried out under the supervision of theDirector or the Director's designee and atthe expense of the person responsible forthe source of contaminants.

(3) All analyses and tests shall be calculatedand reported on the basis of dry gas atstandard conditions as defined herein.

(4) Analyses and tests for compliance may beperformed by the staff of the Director atthe cost of the operator.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.11. Refrigerants.

(1) It shall be unlawful for any person, afterSeptember 26, 1991, to recharge or cause, let,allow, permit, or suffer the recharging of refriger-


3288Supp. No. 58

ant into any refrigeration system without prop-erly using approved recycling or recovery equip-ment and without an operating permit pursuantto Section 24-18 of this Code.

(2) It shall be unlawful for any person, afterSeptember 26, 1991, to release or cause, let, allow,permit or suffer the releasing of any refrigerantfrom any refrigeration system into the ambientair of the Earth.

(3) It shall be unlawful for any person, afterSeptember 26, 1991, to sell, offer for sale or cause,let, allow, permit or suffer the sale or offering forsale of any kind of refrigerant in any containerwith a capacity of less than twenty (20) pounds.

(4) It shall be unlawful for any person, afterSeptember 26, 1991, to sell or distribute or to offerto sell or distribute any kind of refrigerant to anyperson who has not obtained an operating permitpursuant to Section 24-18 of this Code.

(5) It shall be unlawful for any person, afterSeptember 26, 1991, to sell or distribute or offer tosell or distribute any refrigerant without havingobtained an operating permit pursuant to Section24-18 of this Code.

(6) Recovered refrigerant which cannot be re-used or recycled shall be disposed in a mannerapproved in writing by the Director or the Director'sdesignee.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.12. Sale and manufacture of prod-

ucts which use an ozone-de-

pleting compound as a propel-

lant or source of energy.

It shall be unlawful for any person after Sep-tember 26, 1991, to sell, offer for sale or tomanufacture or to cause, let, allow, permit orsuffer the sale, offering for sale, or the manufac-ture of any Class I and Class II ozone-depletingcompound utilized as a propellant or source ofenergy.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.13. Fire extinguishing systems us-

ing halon.

(1) Except as required by the South FloridaFire Prevention Code, as same may be amendedfrom time to time, or as required by State law,rule or regulation, it shall be unlawful afterSeptember 26, 1991, for any person to release orcause, let, allow, permit, or suffer the releasing ofany halon from a fire extinguishing system dur-ing the training of personnel or the testing of thefire extinguishing system.

(2) It shall be unlawful for any person, afterSeptember 26, 1991, to repair, service or maintainor to cause, let, allow, permit or suffer the repair-ing, servicing or maintenance of any fire extin-guishing system without properly using approvedrecycling or recovery equipment.

(3) Recovered halon which cannot be reused orrecycled shall be disposed of in a manner ap-proved in writing by the Director or the Director'sdesignee.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.14. Certain products prohibited.

It shall be unlawful after September 26, 1991,to sell, offer for sale, distribute or manufacture orcause, let, allow, permit, or suffer the sale, offer-ing for sale, distribution or manufacture of anyplate, bowl (excluding lids), cup (excluding lids),or open tray which contains any Class I ozone-depleting compound or which has been manufac-tured by the use of a Class I ozone-depletingcompound as a blowing agent.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-41.15. Adoption by reference of Fed-

eral exceptions.

The exceptions set forth in Section 604(d), (e),(f), and (g) and in Section 605(d) of the FederalClean Air Act Amendments of 1990 are adopted byreference as if said exceptions were fully set forthin this chapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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Sec. 24-41.16. Spraying of substances con-

taining asbestos.

It shall be unlawful within Miami-Dade County,for any person, firm or corporation, to cause or topermit the spraying of any substance containingasbestos, as defined in Section 24-5, in or uponany building, structure, column, frame, floor, ceil-ing or other portion, part or member thereof,during its construction, reconstruction, alterationor repair; provided, however, that such enclosedfactories, buildings or structures in which thefabrication or manufacture of products containingasbestos is carried on shall not be subject to thisprovision.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

ARTICLE III. WATER AND SOIL QUALITY

DIVISION 1. WATER QUALITY,WASTEWATER AND SANITARY SEWER

PRETREATMENT STANDARDS

Sec. 24-42. Prohibitions against water pol-

lution.

(1) PROHIBITIONS AGAINST DISCHARGE.It shall be unlawful for any person to throw,drain, run or otherwise discharge into any of the

waters of this County, or to cause, permit or sufferto be thrown, run, drained, allowed to seep, orotherwise discharged into such water any organicor inorganic matter which shall:

(a) Breach the values set forth in Section24-42(2);

(b) Cause water pollution as herein defined;or

(c) Cause a nuisance or sanitary nuisance asherein defined.

(2) EFFLUENT STANDARDS FOR MIAMI-DADE COUNTY. All sewage treatment plantsand industrial waste treatment plants (exceptthose discharging to approved ocean outfalls) shalleffect ninety (90) percent treatment or better atthe defined sampling point (24-44.2(1)). However,in no case shall the following effluent standardsbe exceeded (except where the standard is notedto be a minimum).

Chemical, Physical, or Biological Characteristic Standard

Dissolved oxygen Not less than 2.0 mg/lSuspended solids 40 mg/lBiochemical oxygen demand 30 mg/lFloating solids None visible to the naked eyepH 6.0—8.5Settleable solids Not greater than 0.1 mg/l on Imhoff cone 1 hr. testOil and grease 30 mg/lOdor-producing substances None attributable to sewage or industrial wastesTemperatureSources permitted after July 1, 1972Fresh water 92°FSalt water (June—September) 92°F

(October-May) 90°FTurbidity 29 NTU above backgroundChlorides 500 mg/l1

ChromiumHexavalent .5 mg/lTotal 1.0 mg/l


3290Supp. No. 58

Chemical, Physical, or Biological Characteristic Standard

Copper .5 mg/lCyanides 0.01 mg/lColor Not more than 10 units above normal background

of the receiving waterFoam Effluent shall not cause foaming in the streamChlorine Minimum residual level of .5 mg/l after a 1/2 hour

contact time at peak flow, where the nature of thewaste requires disinfection

LAS 6.0 mg/lMercury None detectableLead 0.05 mg/lArsenic .05 mg/lPhenol 0.001 mg/lIron .3 mg/lZinc 1.0 mg/lSulfides 0.2 mg/lColiform organisms(MPN 100 ml) 1,000 total 0 Fecal

Other compounds Other toxic or undesirable compounds than thoselisted above may occur in individual waste streams.Limits for these components may be specified bythe Director based on the latest scientific knowl-edge concerning toxicity and adverse effects on theintended water use.

Synergistic action Whenever scientific evidence indicates that a com-bination of pollutants exert a greater effect thanthe individual pollutants, the Director may, on thebasis of these findings, lower the herein estab-lished limits to the level necessary to preventdamage to the waters of the County.

1In waters other than fresh water, waste shall notincrease natural background more than ten (10)percent.

(3) DISCHARGES AFFECTING WATERQUALITY AND PROHIBITION OF POSITIVEDRAINAGE. It shall be unlawful for any personto dewater or to discharge sewage, industrialwastes, cooling water and solid wastes, or anyother wastes into the waters of this County,including but not limited to surface water, tidalsalt water estuaries, or ground water in suchquantities, and of such characteristics as:

(a) May cause the receiving waters, aftermixing with the waste streams, to be ofpoorer quality than the water quality stan-dards set forth in Section 24-42(4);

(b) To cause water pollution as defined inSection 24-5; or

(c) To cause a nuisance or sanitary nuisanceas herein defined.

It shall be unlawful for any County ormunicipal officer, agent, employee or boardto approve, grant, or issue any permit, orpermit, allow, let or suffer the approval orissuance of any permit, which authorizespositive drainage without the prior writ-ten approval of the Director or theDirector's designee. The Director or theDirector's designee shall issue a writtenapproval only if the Director or theDirector's designee determine, after re-


3291Supp. No. 58

viewing data submitted by the applicant,that one (1) or more of the followingconditions exist at the subject site:

(d) Inadequate size, shape or topographic char-acteristics of the site to provide full on-site disposal of stormwater.

(e) Extremely poor soil seepage capacity whichprevents full on-site disposal of stormwater.

(f) An existing groundwater contaminationplume under or in the vicinity of thesubject site which will be adversely im-pacted by full on-site stormwater disposal.

(4) WATER QUALITY STANDARDS FOR MIAMI-DADE COUNTY:

Chemical, Physical or

Biological Characteristic

Fresh Water;eol(water

containing less

than 500 ppm chlorides)

Tidal Salt Water

(water containing more

than 500 ppm chlorides) Groundwater

Dissolved oxygen (mg/l) 5 ppm during at least 10 hours per 24-hour period,never less than 4 ppm, unless acceptable dataindicate that the natural background dissolvedoxygen is lower than the values established herein.

—

Biochemical oxygen de-mand (mg/l)

Shall not exceed a value which would cause dis-solved oxygen to be depressed below values listedunder dissolved oxygen and in no case shall begreat enough to produce nuisance conditions.

—

pH 6.0—8.51 6.0—8.51 6.0—8.51

Floating solids, settleablesolids, sludge deposits

None attributable to sew-age, industrial wastes orother wastes.

None attributable to sew-age, industrial wastes, orother wastes.

—

Oil and grease (mg/l) 152 152 152

Odor-producing sub-stances

None attributable to sewage, industrial wastes, orother wastes. Threshold odor number not to exceed24 at 60°C as a daily average.

—

Temperature

Sources permitted priorto July 1, 1972

Shall cause no environmental damage.

Sources permitted afterJuly 1, 1972

3° above ambient. (June—September) 2°above ambient. (Octo-ber—May) 4° above am-bient.

—

Turbidity 29 NTU above backgroundAmmonia (mg/l) .5 ppm as N .5 ppm as N .5 ppm as NChlorides (mg/l) 5003 3 5003

Chromium (mg/l) total .05 .05 .05Copper (mg/l) 0.4 0.4 0.4Cyanides (mg/l) None detectable None detectable None detectableDetergents (mg/l) 0.5 Insufficient to cause foam-

ing0.5

Fluoride (mg/l) 1.4 as F 10 as F 1.4 as FLead (mg/l) 0.95 0.35 0.05Phenol (mg/l) 0.001 0.005 0.001Zinc (mg/l) 1.0 1.0 1.0Sulfides (mg/l) 0.2 1.0 0.2


3292Supp. No. 58

Chemical, Physical or

Biological Characteristic

Fresh Water;eol(water

containing less

than 500 ppm chlorides)

Tidal Salt Water

(water containing more

than 500 ppm chlorides) Groundwater

Coliform organisms(MPN/100 ml)

1,0004 1,0005 50

Mercury None detectable None detectable None detectableIron (mg/l) 0.3 0.3 0.3Arsenic (mg/l) 0.05 0.05 0.05Specific conductance 500 micromhos per cm (fresh water). Not more than 100% above background,

in waters other than fresh.Dissolved solids Not to exceed 500 mg/l for monthly average or 1000 mg/l at any time.Radioactive substances Gross beta activity (in known absence of strontium 90 and alpha emitters),

not to exceed 1000 micro-microcuries at any time.Other compounds Other toxic or undesirable compounds than those listed above may occur in

individual waste streams. Limits for these components may be specified bythe Director based on the latest scientific knowledge concerning toxicity andadverse effect of the intended water use.

Synergistic action Whenever scientific evidence indicates that a combination of pollutants exerta greater effect than the individual pollutants, the Director may, on the basisof these findings, lower the herein established limits to the level necessary toprevent damage to the waters of the County.

1Shall not cause the pH of the receiving waters to vary more than 1.0 unit. When the natural backgroundpH lies outside the limits established, the introduction of a waste shall not displace the pH of thereceiving waters more than 0.5 pH units from these standards.

2Shall not be visible, defined as iridescence, or cause taste or odors.

3Waste shall not increase natural background more than 10 percent.

4Maximum MPN/100 ml in a surface water used as a drinking water supply shall be 100.

5Maximum MPN/100 ml in a tidal water from which shellfish are harvested for human consumption shallbe 70.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-42.1. Tertiary treatment require-

ments.

All new sewage treatment plants and indus-trial liquid waste treatment facilities, except thosedischarging to approved ocean outfalls or deepdisposal wells, shall provide for nutrient removaland the following:

(1) Ninety-five (95) percent removal of theinfluent biochemical oxygen demand (BOD)concentration which will result in an ef-fluent concentration which shall not ex-ceed 15.0 mg/l.

(2) Ninety-five (95) percent removal of theinfluent total suspended solids (TSS) con-

centration which will result in an effluentconcentration which shall not exceed 15.0mg/l.

(3) Effluent discharged to surface waters shallnot exceed 3.0 mg/l of methylene blueactive substance (MBAS).

(4) Effluent discharged to surface waters shallnot exceed 1.0 mg/l of phosphorous (P).

(5) All other applicable standards in Section24-42(2) shall be met.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


3293Supp. No. 58

Sec. 24-42.2. Sanitary sewer system collec-

tion and transmission systems.

(1) Existing gravity sanitary sewer require-

ments.

(a) Each publicly or privately owned or oper-ated sanitary sewer collection system shallbe evaluated in order to identify and re-duce infiltration and inflow into the san-itary sewer collection system. The personresponsible for the sewer system's opera-tion shall implement a sewer system eval-uation survey (SSES) and, if required, arehabilitation program, incorporating theprovisions and requirements set forth inthe U.S. EPA's Sewer System Infrastruc-ture Analysis and Rehabilitation Hand-book (October 1991, EPA/625/6-91/030),designed to identify and reduce sewersystem infiltration and inflow to a levelwhich meets the standards set forth inSection 24-42.2(1)(d). Such evaluation ac-tivities shall be conducted in a manner sothat the total length of the gravity sewerlines and associated manholes in the san-itary sewer collection system is evaluatedduring the first five-year period of theprogram, and every ten-year period there-after. Alternatively, the person responsi-ble for the sewer system's operation shall,within forty-five (45) days after the effec-tive date of this section, submit to theDirector or the Director's designee for theDirector's or the Director's designee's re-view and approval a report which pro-vides a detailed description of a sewersystem evaluation survey and rehabilita-tion program which incorporates the pro-visions and requirements set forth in theU.S. EPA's Sewer System InfrastructureAnalysis and Rehabilitation Handbook (Oc-tober, 1991 EPA/626/6-91/030) and which,when implemented, provides effective andsubstantial compliance with the require-ments of this section of the Code. Saidreport shall include, in addition to any ofthe above requirements, decision makingcriteria, procedures and protocols forprioritization of the evaluation of gravitysewer lines and associated manholes, and

for the selection of rehabilitation methodsto be used. Upon its approval, the pro-gram shall be implemented in a mannerso that the sewer system evaluation sur-vey is conducted on the total length of thegravity sewer lines and associated man-holes during the first five-year period ofthe program and every ten-year periodthereafter. For purpose of compliance witheither alternative, infiltration and inflowevaluations and rehabilitation work per-formed between July 1, 1992 and theeffective date of this section can be cred-ited towards the first five-year require-ments provided the person responsible forthe sewer system's operation submits tothe Director or the Director's designee, forthe Director's or the Director's designee'sreview and approval, a report detailingthe work performed and the results ob-tained as required under Section 24-42.2(1)(f)(iv).

(b) Those portions of a sewage lateral connec-tion which are the responsibility of theprivate property owner as identified bypolicy or ordinance of the publicly-ownedor operated sanitary sewer collection sys-tem, or when no such identification exists,the portions of lateral located upon pri-vately owned real property, are the respon-sibility of the private real property ownerwho shall insure the proper operation,maintenance and repair of said portionsof the sewage lateral connection. Wherean evaluation pursuant to Section 24-42.2(1)(a) above indicates that a privatelyowned portion of a sewage lateral connec-tion is a source of infiltration or inflow, orboth, to a publicly or privately owned oroperated sanitary sewer, the owner oroperator of the sanitary sewer collectionsystem shall report to the Director or theDirector's designee the source of the infil-tration or inflow within thirty (30) daysfrom the date of discovery of said dis-charges. The Director or the Director'sdesignee shall commence enforcement ac-tions, if required, to cause the cessation ofthe infiltration or inflow.


3294Supp. No. 58

(c) Notwithstanding any other provision inthis section, all publicly owned or oper-ated sanitary sewer collection systemsshall participate in a County-wide, re-gional rainfall dependent peak flow man-agement study. Said peak flow manage-ment study shall, at a minimum, performthe following functions: (a) characterizeinfiltration and inflow of water into thesanitary sewer collection system; (b) pre-dict peak flows to each pump station inthe sanitary sewer collection system; and(c) assess each pump station's ability tomanage peak flows with the back-up pumpout-of-service. Upon implementation of apeak flow management study the personresponsible for the operation of the pub-licly owned or operated sanitary sewercollection system shall submit to the Di-rector or the Director's designee the re-sults of said study along with a plan ofcorrective actions and schedule of imple-mentation for each and every pump sta-tion within the sanitary sewer collectionsystem which was identified as not capa-ble of managing peak flows with theback-up pump out-of-service.

(d) The sewer system infiltration and inflowrehabilitation programs shall be suffi-cient to insure that sewer system infiltra-tion and inflow into the rehabilitated san-itary sewer collection system shall be lessthan five thousand (5,000) gallons perinch pipe diameter per day per mile ofpipe and laterals, or complies with bestmanagement practices as required by theU.S. EPA's Sewer System InfrastructureAnalysis and Rehabilitation Handbook (Oc-tober 1991, EPA/625/6-91/030).

(e) In the event that implementation of theinitial sewer system infiltration and in-flow rehabilitation programs fail to achievethe performance standards established inthis section, the person responsible forthe system's operation may, in lieu ofperforming additional rehabilitation, sub-mit a cost-benefit analysis which analyzesthe feasibility of performing additionalrehabilitation to achieve said performance

standards. If the Director or the Director'sdesignee determines that there is no tech-nically feasible, economically reasonablemeans of compliance, then no further re-habilitation shall be required.

(f) All persons operating a publicly or pri-vately owned or operated sanitary sewersystem shall provide the following reportsto the Director or the Director's designee.

(i) The daily average pump station op-erating time and the multiple andvariable speed daily average pumpstation power consumption, as appli-cable, for each pump station in thesanitary sewer system shall be re-ported to the Director or the Director'sdesignee on a monthly basis no laterthan the seventh day after the end ofthe preceding monthly reporting pe-riod. The report shall be in suchform as prescribed by the Director orthe Director's designee. The reportshall include an explanation for anysingle event, Act of God, or otherdocumentable reason which leads toexcessive pump station operating timeor power consumption. These can because for exclusion of such data fromthe nominal average pump operat-ing time calculations.

(ii) The existence of stormwater dis-charges into any publicly or pri-vately owned or operated sanitarysewer collection system shall be re-ported to the Director or the Director'sdesignee within thirty (30) days fromthe date of discovery of said dis-charges by the person responsiblefor the operation of said system. Thestatus of corrective actions to elimi-nate stormwater discharges into anysanitary sewer collection system shallbe reported by the Director or theDirector's designee semiannmally,January 1 and July 1 of each year, tothe person responsible for the oper-ation of said system.

(iii) An annual report to the Director orthe Director's designee which sets


3295Supp. No. 58

and maintenance procedures to optimize trans-mission capacity within the collection system; andii) evaluate the impact of infiltration and inflowrehabilitation programs, proposed system modifi-cations, upgrades and expansions to the transmis-sion capacity and performance of the collectionsystem. The design and development of the modelrequired herein shall be approved by the Directoror the Director's designee prior to implementa-tion.

(5) Maintenance.

(a) All publicly or privately owned or oper-ated sanitary sewer collection systemsshall maintain their respective systems ina manner so as to prevent or minimize thepossibility of overflows.

(b) All publicly or privately owned and oper-ated sanitary sewer collection systemsshall have a written maintenance planincluding, but not limited to, inspectionprocedures preventative maintenanceschedules, corrective maintenance proce-dures and reporting procedures.

(6) Spare parts. All publicly owned or operatedsanitary sewer collection systems shall, maintainan inventory of spare parts or suppliers andvendors necessary to prevent sustained sewagespills, overflows and surcharge conditions result-ing from equipment malfunction or deterioration.Certain critical parts may be secured from ven-dors or other systems on an as-needed basisprovided, however, that the overall system integ-rity is maintained.

(7) Exemptions. Notwithstanding the forego-ing, any publicly owned and operated sanitarysewer collection system which operates a federalor state permitted wastewater treatment facilityand which discharges wastewater to the County'sregional system on an emergency basis only, willnot be required to comply with the provisions setforth in Section 24-42.2(1) through (6).(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-42.3. Certification of sanitary sewer

system collection, transmission

and treatment capacity.

(1) Notwithstanding any provision of this Code,no county or municipal officer, agent, employee orboard shall approve, grant or issued any building

permit, certificate of use and occupancy (exceptfor changes in ownership) or municipal occupa-tional license (except for changes in ownership)for any land use served or to be served by apublicly or privately owned or operated sanitarysewer collection system until the county or mu-nicipal officer, agent, employee or board has ob-tained the prior written unconditional approvalor prior written conditional approval of the Direc-tor or the Director's designee. Notwithstandingany provision of this Code, no person shall con-struct, utilize, operate, occupy or cause, allow, let,permit or suffer to be constructed, utilized, oper-ated or occupied any land use served or to beserved by a publicly or privately owned or oper-ated sanitary sewer collection system until theperson has obtained the prior written uncondi-tional approval or the prior written conditionalapproval of the Director or the Director's desig-nee.

(a) The Director or the Director's designeeshall issue the Director or the Director'sdesignee's unconditional written approvalonly if the Director or the Director's des-ignee finds that there will be adequatetransmission capacity and adequate treat-ment capacity at the time that the landuse is to be connected to an operable andavailable publicly or privately owned oroperated sanitary sewer collection systemor at the time that the existing land usewill discharge additional sewage flow.

(b) If the Director or the Director's designeedetermines that there is not adequatetreatment capacity or adequate transmis-sion capacity, or both, the Director or theDirector's designee shall issue the Direc-tor or the Director's designee's conditionalwritten approval only if the Director orthe Director's designee determines thatthe following requirements are met:

(i) The person(s) responsible for the op-eration of the publicly or privatelyowned treatment works has obtainedall local, state and federal environ-mental approvals for the construc-tion of additional wastewater treat-ment capacity;


3297Supp. No. 58

(ii) The person(s) responsible for the op-eration of the publicly or privatelyowned or operated sanitary sewercollection system(s) has obtained thewritten approval of the Director orthe Director's designee, and all otherlocal, state and federal environmen-tal approvals for plan(s) of correctiveaction designed to provide adequatetransmission capacity; and

(iii) The person seeking the written con-ditional approval submits an exe-cuted estoppel document, in suchform as prescribed by the Director orthe Director's designee and recordedin the public records of Miami-DadeCounty, Florida, at the expense ofthe person seeking the written con-ditional approval. Said estoppel doc-ument shall contain, at a minimum,the following requirements:

1. The person obtaining a build-ing permit pursuant to a condi-tional written approval issuedby the Director or the Director'sdesignee shall not apply for acertificate of use and occupancyor municipal occupational li-cense, nor shall the facilitiesbeing constructed under saidbuilding permit be connected tothe publicly or privately ownedor operated sanitary sewer col-lection system, until all of theconditions set forth in (i) and(ii) above have been compliedwith, that the construction pur-suant to (i) above has been com-pleted and certified and thatthe plan(s) of corrective actionpursuant to (ii) above has beenimplemented, completed andcertified.

(c) Notwithstanding any of the foregoing pro-visions in (b) above, the Director or theDirector's designee shall not issue a writ-ten conditional approval if:

(i) A previously implemented approvedplan for corrective action designed to

provide adequate transmission ca-pacity pursuant to (b)(ii) above failedto achieve adequate transmission ca-pacity.

(2) Any and all conditional or unconditionalwritten approvals issued by the Director or theDirector's designee pursuant to the provisions of(1) above shall remain valid and in full force andeffect for a period not to exceed one (1) year fromthe date of issuance of such written approval.Notwithstanding the foregoing, if the person(s)seeking such written approval applies for a build-ing permit within said one-year period and ob-tains such building permit and commences con-struction of the project, as defined by Section304.3(b) of the South Florida Building Code, withinone hundred eighty (180) days of issuance of thebuilding permit, the conditional or unconditionalwritten approval issued by the Director or theDirector's designee shall remain valid and in fullforce and effect. However, if any of the require-ments set forth herein are not met, the writtenconditional or unconditional written approval is-sued by the Director or the Director's designeeand any building permit issued pursuant to suchapproval, shall be rendered null and void and beof no further force and effect.

(3) Notwithstanding any of the foregoing, nocounty or municipal officer, agent, employee orboard shall approve, grant or issue any buildingpermit for any land use served or to be served bya public water main or public sanitary sewerunless and until the owner or operator of saidpublic water main or public sanitary sewer hasissued the owner's or operator's written approvalof said service.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-42.4. Sanitary sewer discharge limi-

tations and pretreatment stan-

dards

(1) Definitions. The following definitions shallbe applicable only to the provisions of Section24-42.4:

(a) Pollutant shall mean dredged spoil, solidwaste, incinerator residue, filter backwash,sewage, garbage, sewage sludge, muni-


3298Supp. No. 58

tions, chemical wastes, biological materi-als, radioactive materials, heat, wreckedor discarded equipment, rock, sand, cellardirt, and industrial, municipal, and agri-cultural wastes discharged into water.

(b) Categorical industrial user shall mean afacility subject to regulation by a nationalcategorical pretreatment standard.

(c) Industrial user shall mean a nondomesticsource of pollutants which discharges intoa publicly owned treatment works.

(d) Interference shall mean a discharge which,alone or in conjunction with a dischargeor discharges from other sources, inhibitsor disrupts the publicly owned treatmentworks (POTW), its treatment process oroperations; or its sludge process, use, ordisposal; and therefore causes a violationof the POTW's discharge permits or pre-vents sewage sludge use or disposal incompliance with federal, State or Countyregulations.

(e) New source shall mean any building, struc-ture, facility or installation, the construc-tion of which commenced after the pro-mulgation of Pretreatment Standardsunder Section 307(c) of the Federal CleanWater Act and in accordance with thedefinition provided in 40 CFR 403.3, Fed-eral Pretreatment Regulations, from whichthere is or may be a discharge of pollut-ants.

(f) Pass-through shall mean a discharge thatalone or in combination with other dis-charges exits the publicly owned treat-ment works (POTW) in quantities andconcentrations to cause a violation of thePOTW's discharge permits.

(g) Pretreatment shall mean the reduction inthe amount of pollutants, the eliminationof pollutants, or the alteration of the na-ture of pollutant properties in wastewaterprior to or in lieu of discharging or other-wise introducing such pollutants into apublicly owned treatment works. This re-duction or alteration can be obtained by aphysical, chemical, or biological process;

by process changes; or by other means,except by diluting the concentration of thepollutants unless allowed by an applica-ble pretreatment standard.

(h) Federal pretreatment standards shall meanany regulation containing pollutant dis-charge limits promulgated by the UnitedStates Environmental Protection Agencyin accordance with Sections 307(b) and (c)of the Federal Clean Water Act, whichapplies to industrial users. This term in-cludes the prohibited discharge limits es-tablished pursuant to 40 CFR 403.5, Fed-eral Pretreatment Regulations.

(i) Significant industrial user (SIU) shallmean an industrial user which is:

(i) Any categorical industrial user, or

(ii) Any industrial user which dischargestwenty-five thousand (25,000) gal-lons or more of process wastewaterper day (excluding sanitary,noncontact cooling, and boilerblowdown wastewater), or contrib-utes a process wastewater whichmakes up five (5) percent or more ofthe dry weather average hydraulicor organic capacity of the publiclyowned treatment works, or

(iii) Is designated as such on the basisthat it has a reasonable potential toadversely affect the publicly ownedtreatment works operation or to vio-late a pretreatment standard or re-quirement.

(j) Slug discharge shall mean any dischargeof a non-routine, episodic nature, includ-ing, but not limited to, an accidental spillor a non-customary batch discharge, asdefined in 40 CFR 403.8(f)(2)(5).

(2) General Pretreatment Standards and Local

Limits.

(a) It shall be unlawful for any person tothrow, drain, run or otherwise dischargeinto a sewer designed to carry storm wa-


3299Supp. No. 58

ter, or to cause, permit, allow or suffer tobe thrown, run, drained, allowed to seep,or otherwise discharged into such sewer:

(i) Domestic sewage, industrial waste,liquid waste or other waste.

(ii) Cooling water without the writtenapproval of the Director or theDirector's designee. The Director orthe Director's designee shall issue awritten approval if it is determinedthat the cooling water does not breachthe values set forth in Section 24-42.1 of this Code.

(b) It shall be unlawful for any person tothrow, drain, run or otherwise dischargeinto a sanitary sewer, or to cause, permit,allow or suffer to be thrown, run, drained,allowed to seep, or otherwise dischargedinto such sewer any storm water.

(c) The provisions of this section shall not beconstrued as precluding the installationof a combined system which has beenapproved by the Director or the Director'sdesignee, and the appropriate State agency,and any such installation shall be subjectto all applicable State and County regu-lations.

(d) It shall be unlawful for any person tothrow, drain, run or otherwise dischargeinto a sanitary sewer, or to cause, permit,allow or suffer to be thrown, run, drained,allowed to seep, or otherwise dischargedinto such sewer any of the following sub-stances:

(i) Any gasoline, naphtha, fuel oil orother flammable or explosive liquid,

solid or gas; any pollutants whichmay create a fire or explosion hazardin the POTW, including waste streamswith a closed cup flash point of lessthan one hundred forty (140) de-grees Fahrenheit or sixty (60) de-grees Centigrade using the test meth-ods in 40 CFR 261.21.

(ii) Any waters or wastes containing anypollutant, a toxic or poisonous sub-stance in sufficient quantity or flowrate to injure or interfere with anysewage treatment process, consti-tute a hazard to humans or animals,or create any hazard in the receivingwaters of the sewage treatment plantor deteriorate quality of the sewagesludge to prevent sludge use or dis-posal.

(iii) Any pollutant in amounts which aloneor in combination with other dis-charges will cause obstruction to theflow in the POTW.

(iv) Any substance that will pass throughthe sewage treatment plant and ex-ceed State or Federal requirementsfor the receiving water.

(v) Any water or waste which containssubstances which may solidify andbecome viscous at temperatures be-tween thirty-three (33) degrees Fahr-enheit and one hundred fifty (150)degrees Fahrenheit (10—65 degreesCentigrade).

(vi) Any effluents in excess of the follow-ing local limits:

Chemical, Physical or Biological Characteristic Standards

Biochemical oxygen demand 145 lbs/day at a concentration not to exceed 200mg/l unless allowed by the POTW

Total suspended solids 145 lbs/day at a concentration level not to exceed200 mg/l unless allowed by the POTW

Oil and grease EPA Method 1664(Hexane Extractable Materials) 100.0 mg/lTotal Recoverable Petroleum HydrocarbonsEPA Method 1664 (Silica Gel Treated Hexane Ex-tractable Materials)

50.0 mg/l


3300Supp. No. 58

Chemical, Physical or Biological Characteristic Standards

Ammonia (un-ionized) 100.0 mg/lTemperature 150°F and shall not cause the plant influent to

exceed 104°F (40°C) or inhibit biological activitypH 5.5—11.5, and shall not cause damage to or create

a hazard to structures, equipment, or personnel ofthe POTW

Arsenic 0.325 mg/lCadmium 0.187 mg/lChromium (Total) 7.6 mg/lCopper 0.5 mg/lLead 0.7 mg/lMercury 0.01 mg/lMolybdenum 0.4 mg/lManganese 1.9 mg/lNickel 0.39 mg/lSelenium 0.65 mg/lSilver 0.6 mg/lThallium 0.0005 mg/lZinc 6.8 mg/lCyanides, total 0.5 mg/lPoly chlorinated biphenyls 0.008 mg/lBenzene 0.2 mg/lCarbon Tetrachloride 0.22 mg/l1,2-c-Dichloroethylene 3.75 mg/lTetrachloroethylene 0.125 mg/lTrichloroethylene 0.16 mg/lVinyl Chloride 0.08 mg/l

(vii) In lieu of the local limits set forth inSection 24-42.4(2)(vi) of this ordi-nance, the Director or the Director'sdesignee may utilize equivalent stan-dards as calculated pursuant to theGuide to Protect POTW Workers fromToxic & Radioactive Gases and Va-pors (EPA# 812-B-92-001, June 1992),the Guidance Manual on the Devel-opment and Implementation of Lo-cal Discharge Limitations under thePretreatment Program (EPA # 833-B-87-202, December 1987), and theGuidance Manual for Developing BestManagement Practices (BMP)(EPA#833-B-93-004, October 1993).

(viii) If compliance with the local limitsset forth in Section 24-42.4 (2)(d)(vi),is not sufficient to prevent violations

of Section 24-42.4(2)(d)(i) through Sec-tion 24-42.4(2)(d)(v) above, the Direc-tor or the Director's designee shalldetermine the local limits, as calcu-lated pursuant to the Guide to Pro-tect POTW Workers from Toxic &Radioactive Gases and Vapors (EPA# 812-B-92-001, June 1992), the Guid-ance Manual on the Developmentand Implementation of Local Dis-charge Limitations under thePretreatment Program (EPA # 833-B-87-202 December 1987), and theGuidance Manual for Developing BestManagement Practices (BMP)(EPA# 833-B-93-004, October 1993), whichshall be included in the facilitiesoperating permit.

It shall be unlawful for any person to dischargeany pollutant, including slug discharges, to sani-


3301Supp. No. 58

tary sewers which pollutant may inhibit or dis-rupt the POTW's treatment process or operations;or which may inhibit or disrupt the POTW'ssludge process, sludge use, or sludge disposal; orwhich causes a violation of the POTW's state orlocal discharge permits or prevents sewage sludgeuse or sewage sludge disposal in compliance withstate or county regulations without first notifyingthe Director or the Director's designee in writingprior to the discharge. If prior notification is notpossible because of circumstances beyond thecontrol of the person responsible for such dis-charge then said discharge shall be reported tothe Director or the Director's designee at theearliest practicable time after discovery of thedischarge.

(3) Categorical Pretreatment Standards. It shallbe unlawful for any industrial user to dischargeany pollutant in violation of the Federal Pretreat-ment Standards set forth in 40 CFR 403.6.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-42.5. Bypassing unlawful.

Where a waste treatment facility has beenprovided, it shall be unlawful to by-pass thefacility or any portion thereof and to dischargeuntreated or inadequately treated wastes to thewaters the facility was designed to protect. In theevent of an emergency, the user may temporarilyutilize a by-pass. It shall be the user's responsi-bility to immediately notify the Director or theDirector's designee. Such notification shall notrelieve the user from civil liability under thischapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-42.6. Reserved.

Editor’s note—Section 3 of Ord. No. 08-55, adopted May5, 2008, repealed § 24-42.6, prohibition against use of harddetergents, in its entirety. Former § 24-42.6 derived from Ord.No. 04-214, adopted Dec. 2, 2004.

Sec. 24-42.7. Reserved.

Editor’s note—Section 4 of Ord. No. 08-55, adopted May5, 2008, repealed § 24-42.7, detergents, in its entirety. Former§ 24-42.7 derived from Ord. No. 04-214, adopted Dec. 2, 2004.

DIVISION 2. WELLFIELD PROTECTION,DOMESTIC WELL SYSTEMS AND POTABLE

WATER STANDARDS

Sec. 24-43. Protection of public potable wa-

ter supply wells.

The provisions of this section which imposeupon land uses within the West Wellfield Interimprotection area regulations which are more re-strictive than those regulations applicable to theother public utility potable water supply wellfieldsin Miami-Dade County shall be deemed interimin nature. Said more restrictive regulations shallbe reviewed by such technical review task force(s)or committee(s) as provided by the Board ofCounty Commissioners or its designee upon rec-ommendation of the Director. The Director shallsubmit to the Board of County Commissionersprogress reports, as necessary, pertaining to saidreview, and recommendations necessary to pro-tect the public health, safety and welfare arisingout of said review shall be presented to the Boardof County Commissioners. The Miami-Dade CountyConflict of Interest and Code of Ethics Ordinance(Section 2-11.1 of this Code) shall not be applica-ble to task forces or committees provided for inthis section.

(1) Legislative intent. The intent and purposeof this section is to safeguard the publichealth, safety and welfare by providingscientifically established standards for landuses within the cones of influence therebyprotecting public potable water supplywells from contamination.

(2) Short title; applicability; construction. Thissection shall be known as the "PotableWater Supply Well Protection Ordinance."The provisions of this section shall beeffective in the incorporated and unincor-porated areas of Miami-Dade County andshall be liberally construed to effect thepurposes set forth herein.

(3) Maps of cones of influence, the Northwest

Wellfield protection area, the West Wellfield

Interim protection area, and the South

Miami Heights Wellfield Complex protec-

tion area. The Director or the Director'sdesignee, shall maintain maps of cones of


3302Supp. No. 58

influence of public utility potable watersupply wells, map(s) of the NorthwestWellfield protection area, map(s) of theWest Wellfield Interim protection area,and the map(s) of the South Miami HeightsWellfield Complex wellfield protection areadated November, 2005. The cone of influ-ence maps dated December 30, 1980, asmay be amended from time to time, pre-pared by the Department are incorpo-rated herein by reference hereto. Anychanges, additions or deletions to saidmaps shall be approved by the Board ofCounty Commissioners by ordinance. Thecone of influence maps of the NorthwestWellfield dated December 30, 1980, asamended effective May 31, 1985, shallhereinafter be referred to as the North-west Wellfield protection area map(s). TheNorthwest Wellfield protection area map(s)dated May 31, 1985, the West WellfieldInterim protection area map(s) dated Feb-ruary 28, 1989 and the map(s) of theSouth Miami Heights Wellfield Complexwellfield protection area dated November,2005, as all of same may be amended fromtime to time, prepared by the Depart-ment, are incorporated herein by refer-ence hereto. Any changes, additions ordeletions to said Northwest Wellfield pro-tection area map(s), West Wellfield In-terim protection area map(s) or SouthMiami Heights Wellfield Complex wellfieldprotection area map(s) shall be approvedby the Board of County Commissioners byordinance. The Director, or the Director'sdesignee, shall maintain the DERM Tech-nical Report: "Development of a Ground-water Model to Determine Wellfield Pro-tection Zones for the Miami-Dade County,Florida, South Miami Heights WellfieldComplex". The wellfield protection zonesof the South Miami Heights Wellfield Com-plex have been established using the pro-cedures and input parameters set forth inthe aforesaid Technical Report dated, No-vember, 2005. The aforesaid Technical Re-port dated, November, 2005, a copy ofwhich is attached hereto, is hereby incor-porated by reference, as same may be

amended from time to time. Any changes,additions or deletions to the aforesaidTechnical Report dated November, 2005shall be approved by the Board of CountyCommissioners by ordinance.

(4) Septic tanks, sanitary sewers, storm water

disposal, liquid waste storage, disposal or

treatment and violations of this chapter

within wellfield protection area. Notwith-standing any provisions of this Code, noCounty or municipal officer, agent, em-ployee or board shall approve, grant orissue any building permit, certificate ofuse and occupancy (except for changes inownership), municipal occupational li-cense (except for changes in ownership),platting action (final plat, waiver of plator equivalent municipal platting action)or zoning action (district boundary change,unusual use, use variance or equivalentmunicipal zoning action) for any land useserved or to be served by a septic tank,sanitary sewer, storm water disposalmethod, or liquid waste storage, disposalor treatment method, and which is withinthe Northwest Wellfield protection areaor within the West Wellfield Interim pro-tection area or within the outer wellfieldprotection zone of the South Miami HeightsWellfield Complex or within the maxi-mum day pumpage wellfield protectionarea of the Alexander Orr Wellfield, Snap-per Creek Wellfield, Southwest Wellfield,Miami Springs Lower Wellfield, MiamiSprings Upper Wellfield, John E. PrestonWellfield or Hialeah Wellfield or withinthe basic wellfield protection area of anypublic utility potable water supply well,until the County or municipal officer, agent,employee or Board has obtained the priorwritten approval of the Director or theDirector's designee. Furthermore, not with-standing any provision of this Code, noperson shall construct, utilize, operate,occupy or cause, allow, let, permit or suf-fer to be constructed, utilized, operated oroccupied any land use served or to beserved by septic tank, sanitary sewer,storm water disposal method, or liquidwaste storage, disposal or treatment


3303Supp. No. 58

method, and which is within the North-west Wellfield protection area or withinthe West Wellfield Interim protection areaor within the outer wellfield protectionzone of the South Miami Heights WellfieldComplex or within the maximum daypumpage wellfield protection area of theAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield or within the basicwellfield protection area of any publicutility potable water supply well, untilthe person has obtained the prior writtenapproval of the Director or the Director'sdesignee. The Director or the Director'sdesignee shall issue the Director's or theDirector's designee's written approval onlyif the Director or the Director's designeefinds that all septic tanks, septic tankdrain fields, storm water disposal meth-ods and liquid waste storage, disposal ortreatment methods will be installed uponthe property as far away as is reasonablypossible from all potable water supplywells, and:

(a) Septic tanks. That the septic tanksewage loadings will not exceed thenumber of gallons per day for eachunsubmerged acre of land as setforth in Tables A-1, A-2, A-3 and A-4,except that neither the Director northe Director's designee shall issuethe Director's or the Director'sdesignee's written approval for anyland use served or to be served by aseptic tank within the NorthwestWellfield protection area unless theseptic tank was installed prior toSeptember 30, 1983, or within theWest Wellfield Interim protection areaunless the septic tank was installedprior to the effective date of thisordinance [Ordinance No. 89-80], orthat the land use served or to beserved by a septic tank within theNorthwest Wellfield protection areaor within that portion of the WestWellfield Interim protection area

which is west of the Urban Develop-ment Boundary of the Comprehen-sive Development Master Plan asmay be amended from time to time,is residential or is an ancillaryrockmining use necessary for extract-ing and processing subsurface mate-rials and which residential or ancil-lary rockmining use shall not exceeda maximum sewage loading of sev-enty (70) gallons per day per acreand which septic tanks shall be lo-cated within an area of twenty-onethousand seven hundred eighty(21,780) square feet of unsubmergedland, or that the property served orto be served by septic tanks is resi-dential, uses a public water supply,has not been the subject of any zon-ing action (district boundary change,unusual use, use variance, or equiv-alent municipal zoning action) orany platting action (final plat, waiverof plat, or equivalent municipal plat-ting action) after March 13, 1981,and is in compliance with Section24-43.1, or that the owner of theproperty served or to be served byseptic tanks is applying for the orig-inal certificate of use and occupancyor original municipal occupationallicense pursuant to a valid buildingpermit obtained prior to June 1, 1983,for property within the basic wellfieldprotection area of any public utilitypotable water supply well, or, in thecase of property within the North-west Wellfield protection area ob-tained prior to September 30, 1983,or, in the case of property within theWest Wellfield Interim protection areaobtained prior to the effective date ofthis ordinance [Ordinance No. 89-80]or within the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex obtained prior tothe effective date of this ordinance,or, in the case of property not withinthe basic wellfield protection areabut within the maximum day pump-


3304Supp. No. 58

age wellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield and SouthwestWellfield, obtained prior to February1, 1985, or, in the case of propertynot within the basic wellfield protec-tion area but within the maximumday pumpage wellfield protection areaof the Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, JohnE. Preston Wellfield and HialeahWellfield, obtained prior to Decem-ber 12, 1986, which permit has beenvalid and continuously in full forceand effective since its issuance, orthat the owner of the property isapplying for a certificate of use andoccupancy or municipal occupationallicense for a land use served or to beserved by a septic tank installedprior to March 13, 1981 for propertywithin the basic wellfield protectionarea of any public utility potablewater supply well, or, in the case ofproperty within the NorthwestWellfield protection area installedprior to September 30, 1983, or, inthe case of property within the WestWellfield Interim protection area in-stalled prior to the effective date ofthis ordinance [Ordinance No. 89-80]or within the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex obtained prior tothe effective date of this ordinanceor, in the case of property not withinthe basic wellfield protection areabut within the maximum day pump-age wellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield, and SouthwestWellfield, installed prior to February1, 1985, or, in the case of propertynot within the basic wellfield protec-tion area but within the maximumday pumpage wellfield protection areaof the Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, JohnE. Preston Wellfield and HialeahWellfield, installed prior to Decem-

ber 12, 1986, which uses a publicwater supply and which is in compli-ance with Section 24-43.1.

(i) Notwithstanding the provisionsof Section 24-43(4)(a), there shallbe required within the North-west Wellfield protection area,within the West Wellfield In-terim protection area, withinthe outer wellfield protectionzone of the South Miami HeightsWellfield Complex, and withinthe maximum day wellfield pro-tection area of all public utilitypotable water supply wells aminimum separation equiva-lent to ten (10) days travel timebetween any potable water sup-ply well (other than a publicutility potable water supplywell) and any septic tank orseptic tank drainfield.

(b) Sanitary sewers. That the sewageloading into sanitary sewers will notexceed the number of gallons per dayfor each unsubmerged acre of landas set forth in Table B-1, or that theproperty served or to be served bysanitary sewers is residential, uses apublic water supply, has not beenthe subject of any zoning action (dis-trict boundary change, unusual use,use variance, or equivalent munici-pal zoning action) or any plattingaction (final plat, waiver of plat, orequivalent municipal platting ac-tion) after March 13, 1981, and is incompliance with Section 24-42.4, orthat the owner of the property servedor to be served by sanitary sewers isapplying for the original certificateof use and occupancy or original mu-nicipal occupational license pursu-ant to a valid building permit ob-tained prior to June 1, 1983, forproperty within the basic wellfieldprotection area of any public utilitypotable water supply well, or, in thecase of property within the North-


3305Supp. No. 58

west Wellfield protection area, ob-tained prior to September 30, 1983,for property within the NorthwestWellfield protection area, or, in thecase of property within the WestWellfield Interim protection area, ob-tained prior to the effective date ofthis ordinance, or for property withinthe outer wellfield protection zone ofthe South Miami Heights WellfieldComplex obtained prior to the effec-tive date of this ordinance, or, in thecase of property not within the basicwellfield protection area, but withinthe maximum day pumpage wellfieldprotection area of the Alexander OrrWellfield, Snapper Creek Wellfieldand Southwest Wellfield, obtainedprior to February 1, 1985, or, in thecase of property not within the basicwellfield protection area but withinthe maximum day pumpage wellfieldprotection area of the Miami SpringsLower Wellfield, Miami Springs Up-per Wellfield, John E. PrestonWellfield and Hialeah Wellfield, in-stalled prior to December 12, 1986,which permit has been valid andcontinuously in full force and effectsince its issuance.

(i) Notwithstanding the provisionsof Section 24-43(4)(b), all sani-tary sewers installed within theNorthwest Wellfield protectionarea, or within the WestWellfield Interim protectionarea, or within the outerwellfield protection zone of theSouth Miami Heights WellfieldComplex, or within the maxi-mum day pumpage wellfield pro-tection area of the AlexanderOrr Wellfield, Snapper CreekWellfield, Southwest Wellfield,Miami Springs Lower Wellfield,Miami Springs Upper Wellfield,John E. Preston Wellfield, orHialeah Wellfield, or within thebasic wellfield protection areaof any public utility potable wa-

ter supply well, after June 13,1986, shall comply with the fol-lowing standards:

Residential land use—Nogravity sanitary sewershall have an exfiltrationrate greater than fifty (50)gallons per inch pipe di-ameter per mile per day.Sewer lateral lines locatedin the public right-of-wayshall be a minimum of six(6) inches in diameter.

Nonresidential land

use—No gravity sanitarysewer shall have anexfiltration rate greaterthan twenty (20) gallonsper inch pipe diameter permile per day. Sewer lat-eral lines located in thepublic right-of-way shallbe a minimum of six (6)inches in diameter.

Sanitary sewer force

mains—All sanitary sewerforce mains installedwithin the NorthwestWellfield protection area,or within the WestWellfield Interim protec-tion area, or within theouter wellfield protectionzone of the South MiamiHeights Wellfield Complex,or within the maximumday pumpage wellfield pro-tection area of theAlexander Orr Wellfield,Snapper Creek Wellfield,Southwest Wellfield, Mi-ami Springs LowerWellfield, Miami SpringsUpper Wellfield, John E.Preston Wellfield, or Hi-aleah Wellfield, or withinthe basic wellfield protec-tion area of any public util-ity potable water supply


3306Supp. No. 58

well, shall be constructedof either ductile iron orreinforced concrete pres-sure sewer pipe. No suchductile iron sanitary sewerforce main shall, exfiltrateat a rate greater than theallowable leakage ratespecified in American Wa-ter Works AssociationStandard C600-82 at a testpressure of one hundred(100) pounds per squareinch. No such reinforcedconcrete pressure sanitarysewer force main shallexfiltrate at a rate greaterthan one-half (1/2) the al-lowable leakage rate spec-ified for ductile iron pipein American Water WorksAssociation StandardC600-82 at a test pressureof one hundred (100)pounds per square inch.

(ii) Notwithstanding the provisionof Section 24-43(4)(b), all grav-ity sanitary sewers with invertelevations above the averagesurrounding water table eleva-tion and all sanitary sewer forcemains shall be tested to ensurecompliance with the aforemen-tioned exfiltration rate stan-dards.

A registered professional engi-neer shall provide written cer-tification of the exfiltration ratefor all manhole/gravity sewerpipe systems installed, in equiv-alent gallons per inch pipe di-ameter per mile of pipe per day(twenty-four (24) hours), andthe exfiltration rate for all san-itary sewer force mains in gal-lons per hour per one thousand(1,000) feet of sanitary sewerforce main installed. Existinggravity sanitary sewers withpipe diameters of eight (8) inches

or more shall be visually in-spected by television every five(5) years by the responsible util-ity or property owner to ensureboth structural and pipe jointintegrity. Existing manholesshall be visually inspected forboth structural and incomingpipe connection integrity everyfive (5) years.

Certified test and inspection re-sults and repair logs shall besubmitted to the Departmentwithin thirty (30) days aftercompletion of the particular test,inspection, or repair.

(c) Storm water disposal methods. Thatthe storm water disposal methodsutilized or to be utilized will be lim-ited as set forth in Table C-1.

Furthermore, land uses adjacent tothe Snapper Creek extension canaland secondary canals directly con-nected to the Snapper Creek exten-sion canal shall provide an earthberm, or alternative structure as ap-proved by the Director or theDirector's designee, which shall beconstructed upon the perimeter ofall canals to prevent overland stormwater runoff from entering the ca-nal. The berm shall be constructedadjacent to the canal top of slope onthe landward side. Said berm shallextend one (1) foot above the canalbank elevation. The landward slopeof the berm shall have a gradient notsteeper than one (1) foot vertical tofour (4) feet horizontal. The canalwardslope shall not be steeper than thecanal slope. The construction of berm-ing and backsloping shall be subjectto the approval of the Director or theDirector's designee.

(d) Liquid waste storage, disposal or

treatment methods other than septic

tanks utilized for the disposal, dis-

charge, storage or treatment of do-

mestic sewage; sanitary sewer lift


3307Supp. No. 58

stations; and public sanitary sewers.

That liquid waste storage, disposalor treatment methods (other thanseptic tanks utilized for the disposal,discharge, storage or treatment ofdomestic sewage; sanitary sewer liftstations; and public sanitary sew-ers); shall be prohibited within theNorthwest Wellfield protection area,the West Wellfield Interim protec-tion area, the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex, the average daypumpage wellfield protection areasof the Alexander Orr Wellfield, Snap-per Creek Wellfield, SouthwestWellfield, Miami Springs LowerWellfield, Miami Springs UpperWellfield, John E. Preston Wellfield,and Hialeah Wellfield, and the basicwellfield protection area of any pub-lic utility potable water supply wellunless, in the case of property withinthe Northwest Wellfield protectionarea, said liquid waste storage, dis-posal or treatment method was in-stalled prior to September 30, 1983,or, unless, in the case of propertywithin the West Wellfield Interimprotection area, said liquid wastestorage, disposal or treatment methodwas installed prior to the effectivedate of this ordinance [OrdinanceNo. 89-80] or within the outerwellfield protection zone of the SouthMiami Heights wellfield complex in-stalled prior to the effective date ofthis ordinance, or, unless, in the caseof property within the average daypumpage wellfield protection areabut not within the basic wellfieldprotection area of the Alexander OrrWellfield, Snapper Creek Wellfieldand Southwest Wellfield, said liquidwaste storage, disposal or treatmentmethod was installed prior to Febru-ary 1, 1985, or, in the case of prop-erty not within the basic wellfieldprotection area but within the aver-age day pumpage wellfield protec-

tion area of the Miami Springs LowerWellfield, Miami Springs UpperWellfield, John E. Preston Wellfield,and Hialeah Wellfield, said liquidwaste, storage, disposal or treat-ment method was installed prior toDecember 12, 1986, unless in thecase of property within the basicwellfield protection area of any pub-lic utility potable water supply well,said liquid waste storage, disposal ortreatment method was installed priorto June 13, 1986.

(e) Violations of this chapter. That theseptic tank, sanitary sewer, stormwater disposal method or liquid wastestorage, disposal or treatment methodutilized or to be utilized will serve anexisting land use within the North-west Wellfield protection area orwithin the West Wellfield Interimprotection area or within the outerwellfield protection zone of the SouthMiami Heights Wellfield Complex,or within the maximum day pump-age wellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield, Southwest Wellfield,Miami Springs Lower Wellfield, Mi-ami Springs Upper Wellfield, JohnE. Preston Wellfield, and HialeahWellfield, or within the basic wellfieldprotection area of any public utilitypotable water supply well and whichis required by the Director or theDirector's designee to correct viola-tion(s) of this chapter. Notwithstand-ing the foregoing, the Director or theDirector's designee shall not issuethe Director's or the Director'sdesignee's written approval unlessthe Director or the Director's desig-nee determines that the land usewill comply with all the provisions ofthis chapter and that the followingwater pollution prevention and abate-ment measures and practices shallbe provided:

(i) Monitoring and detection of wa-ter pollution caused by hazard-ous materials, and


3308Supp. No. 58

(ii) Secondary containment of wa-ter pollution caused by hazard-ous materials, and

(iii) Inventory control and recordkeeping of hazardous materi-als, and

(iv) Storm water management of wa-ter pollution caused by hazard-ous materials, and

(v) Protection and security of facil-ities utilized for the generation,storage, usage, handling, dis-posal or discharge of hazardousmaterials.

(5) Prohibition of hazardous materials within

wellfield protection areas. Notwithstand-ing any provisions of this Code, no Countyor municipal officer, agent, employee orBoard shall approve, grant or issue anybuilding permit, certificate of use andoccupancy (except for changes in owner-ship), municipal occupational license (ex-cept for changes in ownership), plattingaction (final plat, waiver of plat or equiv-alent municipal platting action) or zoningaction (district boundary change, unusualuse, use variance or equivalent municipalzoning action) for any nonresidential landuse, other than a bona fide agriculturalland use, a bona fide rockmining use (lakeexcavation), a public sewer facilities use,or a public water supply facilities use,within the Northwest Wellfield protectionarea or within the West Wellfield Interimprotection area or within the outer wellfieldprotection zone of the South Miami HeightsWellfield Complex, or within the maxi-mum day pumpage wellfield protectionarea of the Alexander Orr Wellfield, Snap-per Creek Wellfield, Southwest Wellfield,Miami Springs Lower Wellfield, John E.Preston Wellfield, or Hialeah Wellfield orwithin the basic wellfield protection areaof any public utility potable water supplywell, without obtaining the prior writtenapproval of the Director or the Director'sdesignee. The Director or the Director'sdesignee shall issue the Director's or theDirector's designee's written approval only

if the Director or the Director's designeedetermines that the nonresidential landuse is in compliance with Sections 24-43(5)(a), 24-43(5)(b) or 24-43(5)(c).

Furthermore, notwithstanding any provi-sion of this Code, no person shall con-struct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany nonresidential land use, other than abona fide agricultural land use, a publicsewer facilities use, or a public watersupply facilities use, within the North-west Wellfield protection area or withinthe West Wellfield Interim protection areaor within the outer wellfield protectionzone of the South Miami Heights WellfieldComplex, or within the maximum daypumpage wellfield protection area of theAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfield,or Hialeah Wellfield, or within the basicwellfield protection area of any publicutility potable water supply well, andwhich uses, generates, handles, disposesof, discharges or stores hazardous mate-rials, until the person has obtained theprior written approval of the Director orthe Director's designee.

Pursuant to the foregoing, the Director orthe Director's designee shall issue hiswritten approval only if the Director orthe Director's designee determines thatall potential sources of pollution will beinstalled upon the property as far away asis reasonably possible from all potablewater supply wells; hazardous materialswill not be used, generated, handled, dis-posed of, discharged or stored on thatportion of the property within the North-west Wellfield protection area or withinthe West Wellfield Interim protection areaor within the basic wellfield protectionarea of any public utility potable watersupply well; and hazardous wastes willnot be used, generated, handled, disposedof, discharged or stored on that portion of


3309Supp. No. 58

the property within the outer wellfieldprotection zone of the South Miami HeightsWellfield Complex, or within the averageday pumpage wellfield protection area oftheAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfield,or Hialeah Wellfield.

Notwithstanding the foregoing, fuels andlubricants required for rockmining opera-tions (lake excavations, concrete batchplants, rock crushing and aggregate plants)within the Northwest Wellfield protectionarea or within the West Wellfield Interimprotection area; electrical transformersserving nonresidential land uses; smallquantity generators of hazardous wastesas defined in this chapter, within theouter wellfield protection zone of the SouthMiami Heights Wellfield Complex or withinthe average day pumpage wellfield protec-tion area but not within the basic wellfieldprotection area of the Alexander OrrWellfield, Snapper Creek Wellfield, South-west Wellfield, Miami Springs LowerWellfield, Miami Springs Upper Wellfield,John E. Preston Wellfield, HialeahWellfield, and the South Miami HeightsWellfield Complex and existing land usesrequired by the Director or the Director'sdesignee to correct violations of this chap-ter; shall not be prohibited when the wa-ter pollution prevention and abatementmeasures and practices set forth in Sec-tions 24-43(5)(a)(i), (ii), (iii), (iv) and (v)will be provided and the Director or theDirector's designee has approved same.

Notwithstanding the foregoing, the use,handling or storage of factory prepack-aged products intended primarily for do-mestic use or consumption determined bythe Director or the Director's designee tobe hazardous materials shall not be pro-hibited; provided, however, that the re-quirements of Sections 24-43(5)(a)(vi), (vii),(viii) and (ix) are fulfilled.

(a) The owner of the property has sub-mitted to the Director or the Director's

designee a covenant running withthe land executed by the owner ofthe property in favor of Miami-DadeCounty which provides that hazard-ous materials shall not be used, gen-erated, handled, disposed of, dis-charged or stored on that portion ofthe property located within the North-west Wellfield protection area orwithin the West Wellfield Interimprotection area or within the basicwellfield protection area of any pub-lic utility potable water supply well;and that hazardous wastes shall notbe used, generated, handled, dis-posed of, discharged or stored onthat portion of the property withinthe average day pumpage wellfieldprotection area but not within thebasic wellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield, Southwest Wellfield,Miami Springs Lower Wellfield, Mi-ami Springs Upper Wellfield, JohnE. Preston Wellfield, or HialeahWellfield, or within the outer wellfieldprotection zone of the South MiamiHeights Wellfield Complex.

Furthermore, the aforesaid cove-nant shall provide that fuels andlubricants required for rockminingoperations (lake excavations, con-crete batch plants, rock crushing andaggregate plants) within the North-west Wellfield protection area orwithin the West Wellfield Interimprotection area; electrical transform-ers serving nonresidential land uses;small quantity generators of hazard-ous wastes as defined in this chap-ter, within the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex or within the av-erage day pumpage wellfield protec-tion area but not within the basicwellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield, Southwest Wellfield,Miami Springs Lower Wellfield, Mi-ami Springs Upper Wellfield, John


3310Supp. No. 58

E. Preston Wellfield, and HialeahWellfield and existing land uses re-quired by the Director or theDirector's designee to correct viola-tions of this chapter; shall not beprohibited when the following waterpollution prevention and abatementmeasures and practices will be pro-vided:

(i) Monitoring and detection of wa-ter pollution caused by hazard-ous materials, and

(ii) Secondary containment of wa-ter pollution caused by hazard-ous materials, and

(iii) Inventory control and recordkeeping of hazardous materi-als, and

(iv) Storm water management of wa-ter pollution caused by hazard-ous materials, and

(v) Protection and security of facil-ities utilized for the generation,storage, usage, handling, dis-posal or discharge of hazardousmaterials.

Said water pollution preven-tion and abatement measuresand practices shall be subjectto the approval of the Directoror the Director's designee.

Furthermore, the aforesaid cov-enant shall provide that use,handling or storage of factorypre-packaged products intendedprimarily for domestic use orconsumption determined by theDirector or the Director's desig-nee to be hazardous materialsshall not be prohibited, pro-vided, however, that:

(vi) The use, handling or storage ofsaid factory prepackaged prod-ucts occurs only within a build-ing, and

(vii) The nonresidential land use isan office building use (or equiv-alent municipal land use) or a

business district use (or equiv-alent municipal land use) en-gaged exclusively in retail salesof factory prepackaged prod-ucts intended primarily for do-mestic use or consumption, and

(viii) The nonresidential land use isserved or is to be served bypublic water and public sani-tary sewers, and

(ix) Said building is located morethan thirty (30) days' travel timefrom any public utility potablewater supply well.

Said covenants shall be in a form(s)prescribed by the Director and ap-proved by the Board of County Com-missioners. The covenants shall berecorded in the public records of Mi-ami-Dade County, Florida, by theDepartment at the expense of theowner of the property, or

(b) If the Director or the Director's des-ignee determines that the owner ofthe property is applying for the orig-inal certificate of use and occupancyor original municipal occupationallicense pursuant to a valid buildingpermit obtained prior to June 1, 1983,for property within the basic wellfieldprotection area of any public utilitypotable water supply well, or, in thecase of property within the North-west Wellfield protection area, ob-tained prior to September 30, 1983,or, in the case of the West WellfieldInterim protection boundary, ob-tained prior to the effective date ofthis ordinance [Ordinance No. 89-80]or within the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex obtained prior tothe effective date of this ordinance,or, in the case of property within theaverage day pumpage wellfield pro-tection area, but not within the basicwellfield protection area of theAlexander Orr Wellfield, SnapperCreek Wellfield or Southwest


3311Supp. No. 58

Wellfield, obtained prior to February1, 1985 or, in the case of property notwithin the basic wellfield protectionarea but within the maximum daypumpage wellfield protection area ofthe Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, JohnE. Preston Wellfield or HialeahWellfield, obtained prior to Decem-ber 12, 1986 and which permit hasbeen valid and continuously in fullforce and effect since its issuance, or

(c) If the Director or the Director's des-ignee determines:

(i) That the application for a build-ing permit, certificate of useand occupancy (except forchanges in ownership), munic-ipal occupational license (ex-cept for changes in ownership),platting action (final plat, waiverof plat or equivalent municipalplatting action) or zoning ac-tion (district boundary change,unusual use, use variance orequivalent municipal zoning ac-tion) is for the replacement,modification or limited expan-sion of an existing facility, pro-vided in no case shall such re-placement, modification orlimited expansion cause, per-mit, let, suffer or allow the use,generation, handling, disposal,discharge or storage of hazard-ous materials on the propertyto be increased by more thanfifty (50) percent over the use,generation, handling, disposal,discharge or storage of hazard-ous materials which existed onthe property on September 30,1983, for properties within theNorthwest Wellfield protectionarea, or which existed on theproperty on the effective date ofthis ordinance [Ord. No. 89-80]for properties within the WestWellfield Interim protection

area, or which existed on March13, 1981 for properties withinthe basic wellfield protectionarea of any public utility pota-ble water supply well, and

(ii) That the proposed replacement,modification or limited expan-sion of the existing facility willsubstantially reduce the exist-ing risk of pollution from thehazardous materials to the clos-est public utility potable watersupply well. In determiningwhether there will be a substan-tial reduction of the existingrisk of pollution as aforesaid,the Director or the Director'sdesignee shall consider the fol-lowing factors and shall renderwritten findings as to theDirector's or the Director'sdesignee's assessment of each:

1. Whether the proposed re-placement, modification orlimited expansion of thefacility will provide ade-quate and increased mon-itoring and detection of pol-lution which may be orwhich has been caused bythe hazardous materialson the property.

2. Whether the proposed re-placement, modification orlimited expansion of thefacility will provide ade-quate and increased sec-ondary containment of pol-lution which may be orwhich has been caused bythe hazardous materialson the property.

3. Whether the proposed re-placement, modification orlimited expansion will pro-vide adequate and in-creased inventory controland record keeping of haz-ardous materials on theproperty.


3312Supp. No. 58

4. Whether the proposed re-placement, modification orlimited expansion will pro-vide adequate and in-creased storm water man-agement of pollution whichmay be or which has beencaused by the hazardousmaterials on the property.

5. Whether the proposed re-placement, modification orlimited expansion will pro-vide adequate and in-creased protection and se-curity of the facilitiesutilized for the genera-tion, storage, usage, han-dling, disposal, or dis-charge of hazardousmaterials on the property.

The Director or the Director'sdesignee shall determine thatthere will be a substantial re-duction of the existing risk ofpollution from the hazardousmaterials to the closest publicutility potable water supply wellonly if the Director or theDirector's designee makes affir-mative findings as to all of theaforesaid factors, and

(iii) That the owner of the propertyhas submitted to the Directoror the Director's designee a cov-enant running with the landexecuted by the owner of theproperty in favor of Miami-Dade County which providesthat the hazardous materialsto be used, generated, handled,disposed of, discharged or storedon the property after the pro-posed replacement, modifica-tion or limited expansion is ap-proved by the Director or theDirector's designee, pursuant tothis section, shall not be morehazardous than the hazardousmaterials used, generated, han-

dled, disposed of, discharged orstored on the property at thetime of the aforesaid approvaland which furthermore shallrequire written notice by theowner of the property to theDepartment of any change inthe kind of hazardous materi-als on the property after theaforesaid approval. Said cove-nants shall be in a form(s) pre-scribed by the Director and ap-proved by the Board of CountyCommissioners. The covenantsshall be recorded in the publicrecords of Miami-Dade County,Florida, by the Department atthe expense of the owner of theproperty.

(6) Applicability of travel time ranges within

wellfield protection areas. The Director orthe Director's designee shall utilize thefollowing procedures when making a de-termination under Tables A-1, A-2, A-3,A-4 or B-1:

(a) Property wholly located within one(1) travel time range having restric-tions shall be governed by the restric-tions under that travel time range.

(b) Property within two (2) or more traveltime ranges having restrictions shallbe governed by the total sewage load-ing for the property. The total sew-age loading shall be derived by add-ing the sewage loading within eachtravel time range and dividing theresultant amount by the gross acre-age for the property.

(c) Property within both restricted andunrestricted travel time ranges shallbe governed in accordance with Sec-tion 24-43(6)(b) herein except thatportion of the property outside of therestricted travel time ranges shallbe excluded from averaging the ap-plicable restrictions as aforesaid.However, all septic tanks, septic tankdrainfields, storm water disposalmethods and liquid waste storage,


3313Supp. No. 58

disposal and treatment methods shallbe installed upon the property as faraway as is reasonably possible fromall potable water supply wells.

(7) Excavations. Notwithstanding any provi-sion of this Code, no County or municipalofficer, agent, employee or Board shallapprove, grant, or issue any permit, ofany kind whatsoever, certificate of com-pletion, platting action (final plat, waiverof plat or equivalent municipal plattingaction) or zoning action (district boundarychange, unusual use, use variance or equiv-alent municipal zoning action) for anyexcavation within the Northwest Wellfieldprotection area, or within the WestWellfield Interim protection area, or thebasic wellfield protection area of any pub-lic utility potable water supply well, orwithin one-quarter (1/4) of a mile of theperimeter of the Miami-Dade County 58thStreet landfill, United Sanitation landfill,or the resources recovery facility until theCounty or municipal officer, agent, em-ployee or Board has obtained the priorwritten approval of the Director or theDirector's designee.

Furthermore, notwithstanding any provi-sion of this Code, no person shall cause,allow, let, permit or suffer any excavationwithin the Northwest Wellfield protectionarea, or within the West Wellfield Interimprotection area, or within the basic wellfieldprotection area of any public utility pota-ble water supply well until the person hasobtained the prior written approval of theDirector or the Director's designee.

The Director or the Director's designeeshall issue his written approval only if theDirector or the Director's designee deter-mines that the excavation will complywith the following:

(a) The property upon which the exca-vation has occurred or will occur andthat portion of the property whichhas not been excavated or will not beexcavated shall be provided with pro-tection and security measures to pro-hibit the handling, disposal of, dis-

charge or storage of hazardousmaterials, solid waste, or liquid wastein the excavation or on the propertywhich has not been excavated or willnot be excavated. Said protectionand security shall be subject to theapproval of the Director or theDirector's designee.

Furthermore, the owner of the prop-erty upon which the excavation hasoccurred or will occur and that por-tion of the property which has notbeen excavated or will not be exca-vated shall submit to the Director orthe Director's designee a covenantrunning with the land executed bythe owner of the property in favor ofMiami-Dade County which providesthat protection and security mea-sures shall be provided subject to theapproval of the Director or theDirector's designee. Said covenantsshall be executed by the owner of theproperty upon which the excavationhas occurred or will occur and thatportion of the property which hasnot been excavated or will not beexcavated in form(s) prescribed bythe Director and approved by theBoard of County Commissioners. Thecovenants shall be recorded in thepublic records of Miami-Dade County,Florida, by the Department at theexpense of the owner of the propertyupon which the excavation has oc-curred or will occur and the propertywhich has not been excavated or willnot be excavated, and

(b) The excavation will not be locatedwithin thirty (30) days' travel timefrom any public utility potable watersupply well or within thirty (30) days'travel time from potable water sup-ply wells as set forth on the WestWellfield Interim protection areamap(s) and the excavation will notexceed a depth of forty (40) feet be-low existing grade within the basic


3314Supp. No. 58

wellfield protection area of any pub-lic utility potable water supply well,or

(c) The excavation will not be locatedwithin thirty (30) days' travel timefrom any public utility potable watersupply well and there exists prop-erty without excavation which willprovide an additional thirty (30) days'travel time between the excavationand any public utility potable watersupply well.

Furthermore, the owner of the prop-erty upon which the excavation is tooccur shall submit to the Director orthe Director's designee a covenantrunning with the land executed bythe owner of the property in favor ofMiami-Dade County which providesthat the property without excava-tion aforesaid will not be subject toexcavation at any time. Said cove-nants shall be executed by the ownerof the property without excavationaforesaid and in a form(s) prescribedby the Director and approved by theBoard of County Commissioners. Thecovenants shall be recorded in thepublic records of Miami-Dade County,Florida, by the Department at theexpense of the owner of the propertyupon which the excavation is to oc-cur, or

(d) The excavation has a valid excava-tion permit or equivalent municipalpermit for excavation and a validClass IV permit, if required by Arti-cle IV of this chapter, which wasobtained prior to September 30, 1983,which permits have been valid andcontinuously in full force and effectsince their issuance.

(8) Pipelines for hazardous materials. Not-withstanding any provision of this Code,no County or municipal officer, agent,employee or Board, after July 13, 1984shall approve, grant or issue any permitof any kind whatsoever for the installa-tion, modification, or expansion of that

portion of any pipeline used or to be usedfor the transmission or storage of anyhazardous materials and which portion iswithin the Northwest Wellfield protectionarea or the maximum day pumpagewellfield protection area of the AlexanderOrr Wellfield, Snapper Creek Wellfield orSouthwest Wellfield or within the basicwellfield protection area of any publicutility potable water supply well or, in thecase of that portion of any pipeline notwithin the basic wellfield protection areabut within the maximum day pumpagewellfield protection area of the MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield, after December 12,1986, or, in the case of that portion of anypipeline within the West Wellfield In-terim protection area, after the effectivedate of this ordinance [Ordinance No.89-80] or within the outer wellfield pro-tection zone of the South Miami HeightsWellfield Complex after the effective dateof this ordinance.

Furthermore, notwithstanding any provi-sion of this Code, no person shall install,construct, utilize, operate, occupy or cause,allow, let, permit or suffer to be installed,constructed, utilized, operated or occu-pied any pipeline or portion of any pipe-line used or to be used for the transmis-sion or storage of any hazardous materialswithin the Northwest Wellfield ProtectionArea or the maximum day pumpagewellfield protection area of the AlexanderOrr Wellfield, Snapper Creek Wellfield orSouthwest Wellfield or within the basicwellfield protection area of any publicutility potable water supply well, afterJuly 13, 1984, unless said person in-stalled, constructed, utilized, operated oroccupied said pipeline used or to be usedfor the transmission or storage of hazard-ous materials before July 13, 1984, or, inthe case of the West Wellfield Interimprotection area, no person shall install,construct, utilize, operate, occupy or cause,allow, let, permit or suffer to be installed,constructed, utilized, operated or occu-


3315Supp. No. 58

pied any pipeline or portion of any pipe-line used or to be used for the transmis-sion or storage of any hazardous materialswithin the West Wellfield Interim protec-tion area after the effective date of thisordinance [Ordinance No. 89-80] or, in thecase of that portion of any pipeline withinthe outer wellfield protection zone of theSouth Miami Heights Wellfield Complexafter the effective date of this ordinanceunless said person installed, constructed,utilized, operated or occupied said pipe-line used or to be used for the transmis-sion or storage of hazardous materialsprior to the effective date of this ordi-nance, unless said person installed, con-structed, utilized, operated or occupiedsaid pipeline used or to be used for thetransmission or storage of hazardous ma-terials prior to the effective date of thisordinance [Ordinance No. 89-80].

Furthermore, notwithstanding any provi-sion of this Code, no person shall install,construct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany pipeline or portion of any pipelineused or to be used for the transmission orstorage of any hazardous materials withinthe maximum day pumpage wellfield pro-tection area but not within the basicwellfield protection area of the MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield after the effectivedate of this subsection [December 12, 1986],unless said person installed, constructed,utilized, operated or occupied said pipe-line used or to be used for the transmis-sion or storage of hazardous materialsbefore the effective date of this subsection[December 12, 1986].

(9) Water conservation restrictions for the pro-

tection of the Northwest Wellfield. TheDirector or the Director's designee shallevaluate the data from a groundwaterelevation monitoring program and agroundwater quality monitoring programfor the Northwest Wellfield which pro-

grams shall be conducted by the Depart-ment or a contractor designated by theCounty. If the Director or the Director'sdesignee, after evaluating the aforesaidmonitoring data, determines that a reduc-tion in wellfield pumpage is necessary toprevent contamination of the NorthwestWellfield, the Director or the Director'sdesignee shall impose water conservationrestrictions in the unincorporated and in-corporated areas of Miami-Dade County.These water conservation restrictions shallconsist of one (1) of, or any combination of,the following:

(a) Ordering public utilities owning oroperating public water systems toreduce water system pressure.

(b) Mandatory water conservation re-strictions similar to the applicablewater use restrictions set forth inthe rules of the South Florida WaterManagement District, Chapter 40E-21, Florida Administrative Code, asmay be amended from time to time.

The duration of these water conservationrestrictions shall be determined by theDirector or the Director's designee afterperiodic evaluation of wellfield pumpagedata and pertinent monitoring programdata. The water conservation restrictionsin effect may be subsequently changed orrescinded by the Director or the Director'sdesignee after such periodic evaluation.

(10) Land uses within the Northwest Wellfield

protection area and West Wellfield Interim

protection area. Notwithstanding any pro-vision of this Code, no County officer,agent, employee or board shall approve,grant or issue any building permit, certif-icate of use and occupancy (except forchanges in ownership), platting action(final plat, waiver of plat) or zoning action(district boundary change, unusual use,use variance, new use, similar use) forany land use within the NorthwestWellfield protection area, or within theWest Wellfield Interim protection area,without obtaining the prior written ap-proval of the Director or the Director's


3316Supp. No. 58

designee. Furthermore, notwithstandingany provision of this Code, no person shallconstruct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany land use within the NorthwestWellfield protection area or within theWest Wellfield Interim protection areawithout obtaining the prior written ap-proval of the Director or the Director'sdesignee.

The Director or the Director's designeeshall issue his written approval only if:

(a) The Director or the Director's desig-nee determines that the property iswithin the Northwest Wellfield pro-tection area or within the WestWellfield Interim protection area andthe existing land use(s) for the prop-erty or the land use(s) requested forthe property is one (1) or more of theland uses set forth in Table E-1 andthe land use(s) is not a land usefound exclusively in the followingMiami-Dade County zoning classifi-cations or that the zoning classifica-tion requested is not one (1) or moreof the following Miami-Dade Countyzoning classifications:

(i) BU-3 (excluding those land usespermitted by BU-1, BU-1A orBU-2),

(ii) IU-1,

(iii) IU-2,

(iv) IU-3,

(v) IU-C, or

(b) The Director or the Director's desig-nee determines that the land use isnot listed in Table E-1, the landuse(s) is not set forth as a permitteduse, special exception, unusual useor conditional use in Chapter 33 ofthis Code, the land use(s) is not aland use(s) found exclusively in thezoning classifications listed in Sec-tions 24-43(10)(a)(i), (ii), (iii), (iv),(v), above the land use(s) is compa-rable to a land use(s) set forth in

Table E-1, and the land use(s) willnot have an adverse environmentalimpact on groundwater quality inthe North Wellfield protection areaand within the West Wellfield pro-tection area. Notwithstanding theforegoing, the Director or theDirector's designee shall not deter-mine that the land use is compara-ble to land use(s) set forth in TableE-1 if the land use is permitted inone (1) or more of the following Miami-Dade County zoning classificationsand if the land use is not permittedin one (1) or more Miami-Dade Countyzoning classifications which are lessrestrictive than the following BU-3;IU-1; IU-2; IU-3; and IU-C.

(i) In determining whether a landuse is comparable to one (1) ormore land use(s) set forth inTable E-1, the Director or theDirector's designee shall con-sider the following factors:1. The materials used, han-

dled and stored, and theproducts and wastes pro-duced;

2. The activities, processesand methods which areemployed and utilized;

3. The machinery and otherfacilities utilized and main-tenance requirements ofsaid machinery and facil-ities;

4. Uses commonly attendantto or associated with theprimary use.

(ii) In determining whether a landuse does not or will not have anadverse environmental impacton the groundwater quality inthe Northwest Wellfield protec-tion area or within the WestWellfield protection area, theDirector or the Director's desig-nee shall consider the followingfactors:1. The land use will not be

detrimental to the public


3317Supp. No. 58

health, welfare and safetyand will not create a nui-sance and will not materi-ally increase the level ofwater pollution within theNorthwest Wellfield pro-tection area or within theWest Wellfield Interim pro-tection area;

2. The use, generation, han-dling, disposal of, dischargeor storage of hazardousmaterials will not occurwithin the NorthwestWellfield protection areaor within the WestWellfield Interim protec-tion area;

3. The only liquid waste (ex-cluding stormwater) whichwill be generated, disposedof, discharged, or storedwithin the NorthwestWellfield protection areaor within the WestWellfield Interim protec-tion area shall be domes-tic sewage discharged to apublic sanitary sewer orseptic tank;

4. Stormwater runoff shall beretained on the propertyand disposed of throughinfiltration drainage sys-tems supplemented withseepage drainage systems,or

(c) The Director or the Director's desig-nee, determines that: The propertyis within the Northwest Wellfieldprotection area or within the WestWellfield Interim protection area; theowner of the property is applying forthe original certificate of use andoccupancy or original municipal oc-cupational license pursuant to a validbuilding permit obtained prior to De-cember 12, 1986, in the case of theNorthwest Wellfield protection area,

or August 6, 1989, in the case of theWest Wellfield Interim protectionarea, which permit has been validand continuously in full force andeffect since its issuance; the propertyis served or will be served by a publicwater main and public sanitary sewerno later than the date that the orig-inal certificate of use and occupancyor original municipal occupationallicense is issued; and the property isin compliance with Sections 24-43(4),(5) and (6) of this Code and was incompliance with Sections 24-43(4),(5) and (6) of this Code no later thanthe date of issuance of the aforesaidvalid building permit.

TABLE E-1

Allowable Land Uses Within the

Northwest Wellfield Protection Area

and Within the West Wellfield In-

terim Protection Area

Land Use

Abstract title

Accounts, bookkeeping

Actuaries

Advertising office only; no printing

Agricultural use

Alcoholic beverage district, sales

Amusement, game room

Animals, birds, and tropical fish, re-tail only

Antique shops

Apparel sales, rentals

Apartment house

Appliance and fixture sales (no ser-vice)

Appraisers (no merchandise)

Archery range

Art gallery

Art goods and bric-a-brac shops

Artist studios

Auction sales (no hazardous materi-als)

Auditoriums


3318Supp. No. 58

Bait and tackle shop

Bakeries, retail

Bakeries, wholesale

Banks

Barbecue restaurants, stands, pits(wood for cooking) drive-in theaters

Barbershop

Bars

Baseball field

Bath and massage parlors

Bathing beaches

Bicycle sales (no service)

Billiard parlor/pool hall

Bindery (books, publications, etc.)

Bingo

Boat piers, docks

Book store (new and used)

Bottled gas storage (liquefied petro-leum gas and natural gas only)

Bowling alleys

Box lunches—Wholesale and retailwith delivery trucks (no truck main-tenance)

Broadcasting studios (radio and TV,including transmitting station andtower, incidental electrical genera-tion by LP or natural gas only)

Business machines sales (typewrit-ers, calculators, etc.) (no service)

Camps

Card club/public

Card shops

Carpet sales

Caterers

Churches

Cigar making and sales

Cigarette vending

Clubs (private)

Coin laundries (no dry cleaning ma-chines)

Coin shop

Cold storage warehouses and pre-cooling plants

Colleges (no hazardous materials)

Computer service

Concrete, cement, clay products—Storage and sales (no vehicle main-tenance; no on-site fuel storage)

Confectionery (and ice cream stores)

Conservatories

Convent

Convention halls

Costuming shops

Curio stores

Dance halls, schools, academies

Day camp

Day care, nursery

Department store

Dependent children (home for)

Drive shop

Docks, piers—Boat

Dog obedience training, trainingtracks, schools

Dormitories

Drapery stores, drapery making

Dressed poultry and sea food stores

Drive-through banks and restau-rants

Drug store

Dry cleaning (no cleaning on pre-mises)

Dynamite storage

Electric substations

Electrolysis office (removal of hairby electrolytic process)

Employment agencies

Entrance gates

Escort service

Farms

Fire station (no hazardous materi-als)

Fishing camps

Fish houses, market, smoking


3319Supp. No. 58

Fish, tropical, aquariums (retail salesonly)

Flea market

Florist shops

Flower importers

Food distribution (no on-site vehiclemaintenance)

Food sales

Foster home

Fraternities

Fruit packing, fruit stores, fruitstands

Furniture sales, rental and storage(no restoration, no manufacturing)

Furriers (sales and storage)

Garment manufacturing (no dyeing)

Gas (natural gas, LP gas includingdistribution system and bottlingplant)

Gift stores

Glass blowing

Golf course, clubhouse

Golf driving range

Grocery store

Gun shop

Haberdashery

Hall for hire

Handball court

Health spa

Homes for dependent children

Hotels, motels

Houses of worship

Ice cream stores

Ice manufacturing, distributing(emergency electrical generation byLP or natural gas only)

Import-export office

Insurance office

Interior decorators office, showroom

Jai alai

Jewelry sales (no manufacturing)

Judo and karate instructions

Key shop

Kindergartens, day care

Lake excavation

Laundries (all types, no dry clean-ing)

Leather goods stores (retail)

Libraries (public)

Limestone quarrying, rock crushingand aggregate plants ancillary tosection in connection with limestonequarrying (no on-site fuel storageexcept that the use of fuels and lu-bricants and LP and natural gasstorage are permitted)

Liquefied petroleum (LP) gas

Liquor package stores

Livery stable

Lodges (private)

Lounges

Luggage sales

Lunches (packaging, catering)

Mail order office

Massage parlor

Meat market

Men's store

Messenger office

Milk store (drive-in)

Miniature golf course

Mission

Mobile homes

Mobile homes, sales (no manufactur-ing or repair; and no motor homes orrecreational vehicles)

Monastery

Motel

Modeling (agencies, schools)

Motion picture studio (no film devel-oping)

Motion picture theatre, indoor andoutdoor

Motion pictures and equipment, salesand rental (no equipment servicing,no film developing)


3320Supp. No. 58

Moving and storage company (no on-site vehicle maintenance)

Municipal recreation building

Museums, public

Music stores, teaching

Newsstand

Night club

Notions sales

Office building

Office, professional

Open air theaters

Optical stores

Package stores

Palmistry

Paneling (wall/retail sales)

Paper salvage

Park or playground, public or pri-vate

Parking lot, parking garage (no autopound, no tow yard, no on-site vehi-cle repair)

Passenger stations (railroad, bus)

Pawn shops (swap shops)

Pet shops, retail sales only (in airconditioned building)

Pharmaceuticals (retail)

Photographic studio (no developing,no printing)

Pillow renovating

Plant sales (no propagation)

Plaster products

Plasterers, storage area

Police station

Pool rooms

Post office

Pottery (retail sales only/no manu-facturing)

Private clubs

Produce or fruit market

Professional and semiprofessional of-fices (no medical laboratory or clinic)

Public art galleries, museums

Racquet ball clubs

Radio, broadcasting station, studio,transmitting station/tower (emer-gency electrical power by LP or nat-ural gas only)

Railroad and bus passenger stations(no freight terminal, no vehicle main-tenance)

Real estate office

Recording studios

Recreational facilities

Rentals (household equipment, ap-pliances, tools, hardware, etc.) (nohazardous materials)

Residential uses

Restaurants, including outdoor pa-tios and service

Retirement villages

Rifle, pistol range

Rock and sand yards

Rock yards (crushing)

Saloons and bars

Savings and loan associations

Schools (no hazardous materials)

Seafood stores

Secondhand stores (inside only)

Shoe store (no manufacturing)

Shooting gallery

Shooting range, trap and skeet

Shopping center (no hazardous ma-terials)

Showrooms, salesrooms (no hazard-ous materials)

Skating rink

Sororities

Souvenir stores

Sporting goods store

Stationery stores

Storage warehouse (no hazardous ma-terials)

Swap shops

Swimming pools


3321Supp. No. 58

Synagogues

Tailor shops

Tattoo parlor

Telegraph stations (emergency elec-trical power by LP or natural gasonly)

Telephone answering service

Telephone exchange

Television (broadcasting studio)

Tennis courts

Textile sales

Theaters

Tile sales (no manufacturing)

Tourist attractions (no hazardous ma-terials)

Trading post

Trailer park

Travel agency

Upholstery shop

Utilities: Public and private waterproduction, treatment and distribu-tion facilities; and sewage except thatwastewater treatment plants are notpermitted (emergency electrical powerby LP or natural gas only)

Vegetable stands

Wall paper, paneling (retail sales)

Warehouses (storage of food, fodder,apparel, and other nonhazardous ma-terials)

Watchman's quarters

Water tanks or towers

Water treatment plants (emergencyelectrical power by LP or natural gasonly)

Wearing apparel stores (sales, rent-als)

Wholesale salesrooms and atten-dant storage rooms (no hazardousmaterials)

(11) Prohibition of resources recovery and man-

agement facility within wellfield protec-

tion areas. Notwithstanding any provi-sion of this Code, no County or municipal

officer, agent, employee or Board shallapprove, grant, modify or issue any per-mit (except for renewal of valid operatingpermits, issued pursuant to this chapter,no later than March 12, 1987), certificateof use and occupancy (except for changesin ownership), platting action (final plan,waiver of plat or equivalent municipalplatting action) or zoning action (districtboundary change, unusual use, use vari-ance or equivalent municipal zoning ac-tion) for any resource recovery and man-agement facility within the NorthwestWellfield protection area or within themaximum day pumpage wellfield protec-tion area of the Alexander Orr Wellfield,Snapper Creek Wellfield, SouthwestWellfield, Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, John E.Preston Wellfield, or Hialeah Wellfield, orwithin the basic wellfield protection areaof any public utility potable water supplywell after December 12, 1986, unless saidresource recovery and management facil-ity was in operation and had obtained allother applicable permits prior to June 25,1986 and obtained a valid operating per-mit issued pursuant to this chapter nolater than March 12, 1987 or, in the caseof a resource recovery and managementfacility within the outer wellfield protec-tion zone of the South Miami HeightsWellfield Complex, was in operation andhad obtained all other applicable permitsprior to the effective date of this ordi-nance.

Notwithstanding any provision of thisCode, no County or municipal officer, agent,employee or Board shall approve, grant,modify or issue any permit (except forrenewal of valid operating permits issuedpursuant to this chapter, renewed no laterthan ninety (90) days after the effectivedate of this ordinance [Ordinance No.89-80]), certificate of use and occupancy(except for changes in ownership), plat-ting action (final plat, waiver of plat orequivalent municipal platting action) orzoning action (district boundary change,unusual use, use variance or equivalent


3322Supp. No. 58

municipal zoning action) for any resourcerecovery and management facility (unlessthe facility's primary purpose is to collectpaper, glass, plastics or aluminium fortransport out of the West Wellfield In-terim protection area or the facility pro-vides composting for on-site organic plantmaterials at plant nurseries) within theWest Wellfield Interim protection areaafter the effective date of this ordinance[Ordinance No. 89-80], unless said re-source recovery and management facilitywas in operation and had obtained allother applicable permits prior to the ef-fective date of this ordinance [OrdinanceNo. 89-80] and obtained a valid operatingpermit issued pursuant to this chapter nolater than ninety (90) days after the effec-tive date of this ordinance [Ordinance No.89-80].

Furthermore, notwithstanding any provi-sion of this Code, no person shall con-struct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany resource recovery and managementfacility within the Northwest Wellfieldprotection area or within the maximumday pumpage wellfield protection area oftheAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfield,

or Hialeah Wellfield, or within the basicwellfield protection area of any publicutility potable water supply well afterDecember 12, 1986, unless said resourcerecovery and management facility was inoperation and had obtained all other ap-plicable permits prior to June 25, 1986and obtained a valid operating permitpursuant to this chapter, no later thanMarch 12, 1987 or, in the case of a re-source recovery and management facilitywithin the outer wellfield protection zoneof the South Miami Heights Wellfield Com-plex, was in operation and had obtainedall other applicable permits prior to theeffective date of this ordinance.

Notwithstanding any provision of thisCode, no person shall construct, utilize,operate, occupy or cause, allow, let, per-mit or suffer to be constructed, utilized,operated or occupied any resources recov-ery and management facility within theWest Wellfield Interim protection areaafter the effective date of this ordinance[Ordinance No. 89-80], unless said re-source recovery and management facilitywas in operation and had obtained allother applicable permits prior to the ef-fective date of this ordinance [OrdinanceNo. 89-80] and obtained a valid operatingpermit pursuant to this chapter, no laterthan ninety (90) days after the effectivedate of this ordinance [Ordinance No.89-80].

TABLE A-1 Residential Property Served by Septic Tank and Using Public Water Supply

Travel Time in Days or Distance

in Feet from Property to Nearest

Public Utility Potable Water Sup-

ply Well

Maximum Allowable Sewage Load-

ing for Property Not Having Indig-

enous Sandy Substrata (Gallons

Per Day Per Unsubmerged Acre)


ing for Property Having Indige-

nous Sandy Substrata (Gallons


More than 100 days but not ex-ceeding 210 days

850 As allowed by Section 24-43.1

More than 30 days but not exceed-ing 100 days

600 850


350 with minimum of 24 inches inClass II silica sand underdrainfield

600 with minimum of 24 inches ofClass II silica sand or indigenoussand under drainfield


3323Supp. No. 58




ply Well









More than 100 feet but not exceed-ing 10 days

140 with minimum of 24 inches ofClass II silica sand underdrainfield


100 feet or less 0 0

TABLE A-2 Residential Property Served by Septic Tank and Not Using Public Water Supply




ply Well









More than 100 days 750 with minimum of 24 inches ofClass II silica sand underdrainfield












TABLE A-3 Nonresidential Property Served by Septic Tank, Using Public Water Supply, and Not Using,Generating, Handling, Disposing, Discharging or Storing Hazardous Materials

TABLE INSET:




ply Well









More than 100 days but not ex-ceeding 210 days

850 1,500


600 850



600 with minimum of 24 inchesClass II silica sand or indigenoussand under drainfield






3324Supp. No. 58

TABLE A-4 Nonresidential Property Served by Septic Tank, Not Using Public Water Supply, and NotUsing, Generating, Handling, Storing, Disposing or Discharging Hazardous Materials




ply Well









More than 100 days 750 with minimum of 24 inches ofClass II silica sand underdrainfield












TABLE B-1 Residential Property Served by Sanitary Sewers; Nonresidential Property Served bySanitary Sewers and Not Using, Generating, Handling, Disposing, Discharging or Storing Hazardous

Materials




ply Well









More than 30 days No additional restrictions No additional restrictionsMore than 10 days but not exceed-ing 30 days

1600 No additional restrictions


850 1600


TABLE C-1 Allowable Storm Water Disposal Methods for Residential and Nonresidential Property

Travel Time in Days or Distance in Feet from

Property to Nearest Public Utility Potable Water

Supply Well Allowable Methods for Storm Water Disposal

More than 30 days but not exceeding 210 days Infiltration or seepage or overflow outfalls onlyMore than 10 days but not exceeding 30 days Infiltration or seepage onlyMore than 100 feet but not exceeding 10 days Infiltration only100 feet or less None

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-125, § 3, 9-12-06; Ord. No. 08-55, § 2, 5-6-08)


3325Supp. No. 58

Sec. 24-43.1. Liquid waste disposal and po-

table water supply systems.

(1) The intent and purpose of this section is tosafeguard the public health, safety, and welfareby regulating liquid waste storage, disposal andtreatment methods other than sanitary sewersand any source of potable water supply.

(2) No person shall discharge or cause, allow,permit, let or suffer to be discharged any liquidwaste or other substance of any kind whatsoeverinto a septic tank other than domestic sewage.

(3) Notwithstanding any provision of this Code,no County or municipal officer, agent, employee orBoard shall approve, grant or issue any buildingpermit, certificate of use and occupancy (exceptfor changes in ownership), municipal occupa-tional license (except for changes in ownership),platting action (final plat, waiver of plat or equiv-alent municipal platting action) or zoning action(district boundary change, unusual use, use vari-ance or equivalent municipal zoning action) forany residential land use served or to be served bya septic tank or any source of potable watersupply until the County or municipal officer,agent, employee or Board affirmatively deter-mines that the residential land use will complywith one (1) or more of the requirements as setforth in Sections 24-43.1(3)(a), (b), (c), (d), (e), and(f) and Section 24-43.2(1) of this Code, and, addi-tionally, that the property is not within a feasibledistance for a public water main or public sani-tary sewers.

Furthermore, notwithstanding any provision ofthis Code, no person shall construct, utilize, oper-ate, occupy or cause, allow, let, permit or suffer tobe constructed, utilized, operated or occupied anyresidential land use served or to be served by aseptic tank or any source of potable water supplyuntil the County or municipal officer, agent, em-ployee or Board affirmatively determines that theresidential land use will comply with one (1) ormore of the requirements set forth in Sections24-43.1(3)(a), (b), (c), (d), (e) and (f) and Section

24-43.2(1) of this Code, and, additionally, that theproperty is not within a feasible distance for apublic water main or public sanitary sewers.

(a) Where public water is used:

(i) The minimum lot size for a single-family residence shall be fifteen thou-sand (15,000) square feet ofunsubmerged land;

(ii) The minimum lot size for a duplexresidence shall be twenty thousand(20,000) square feet of unsubmergedland;

(iii) The maximum sewage loading for allother residential uses shall be onethousand five hundred (1,500) gal-lons per day per unsubmerged acre;or

(b) Where public water is not used:

(i) The minimum lot size for a single-family residence shall be twenty thou-sand three hundred twenty-eight(20,328) square feet of unsubmergedland;

(ii) The minimum lot size for a duplexresidence shall be twenty-nine thou-sand forty (29,040) square feet ofunsubmerged land;

(iii) The maximum sewage loading for allother residential uses shall be sevenhundred fifty (750) gallons per dayper unsubmerged acre; or

(c) In the case of a property owner who hasrequested to use a tract of land for asingle-family residence or duplex resi-dence but which tract of land fails tocomply with the minimum lot size require-ments of Section 24-43.1(3)(a)(i) or Sec-tion 24-43.1(3)(a)(ii) hereof and a publicright-of-way containing an available andoperative public water main or easementcontaining an available and operative pub-lic water main abuts said tract of land,the Director or the Director's designee hasissued his written approval for the use ofa septic tank for such single-family resi-dence or duplex residence. The Director orthe Director's designee shall issue his


3326Supp. No. 58

written approval only if he finds that saidtract of land was created by deed prior toJanuary 1, 1958, or was created by platapproved by the governmental authori-ties having jurisdiction prior to January1, 1972, provided that said tract of land,as created by the originally recorded plator originally recorded deed, has continu-ously remained in the same form as setforth in the originally recorded plat ordeed, or

(d) The Director or the Director's designeehas issued his written approval for anyresidential land use served or to be servedby a public water main and a septic tank.The Director or the Director's designeeshall issue his written approval only if hefinds the following:

(i) That extension of public sanitarysewers to serve the property fromthe nearest available point of connec-tion to an available public sanitarysewer is not within a feasible dis-tance for public sanitary sewers, and

(ii) That more than fifty (50) percent ofan area, consisting of a minimum ofone-quarter (1/4) mile square extend-ing a minimum of one-eighth (1/8) ofa mile radially from the perimeter ofthe property, contains land usesserved by septic tank(s) and a publicwater supply, and

(iii) That the property complies with theminimum lot size requirements andthe maximum lot size requirementsand the maximum daily domesticsewage flow (sewage loading) require-ments of Chapter 10D-6 of the Stateof Florida Rules of the Departmentof Health and Rehabilitative Ser-vices as same may be amended fromtime to time, or has obtained a vari-ance from the aforementioned re-quirements of Chapter 10D-6, and

(iv) The property was part of a recordedsubdivision which was created byplat or deed but said subdivision hasnot continuously remained as a le-

gally recorded subdivision and thesize of each proposed lot is the sameor larger than the lots set forth inthe recorded subdivision, and

(v) That if the property is located withinthe Northwest Wellfield protectionarea or within the West WellfieldInterim protection area or withinthe basic wellfield protection area ofany public utility potable water sup-ply well, the property complies withSection 24-43(4)(a) and Section 24-43(4)(d) of this Code, and

(vi) That residential land uses other thana single-family residence or a duplexresidence shall be in compliance withSections 24-43.1(3)(a)(iii), or

(e) The Director or the Director's designeehas issued the Director's or the Director'sdesignee's written approval for a plattingaction (final plat, waiver of plat, or equiv-alent municipal platting action) for a res-idential subdivision which was in exist-ence prior to the effective date of thissubsection served or to be served by apublic water main and septic tanks. TheDirector or the Director's designee shallissue the Director's or the Director'sdesignee's written approval only if theDirector or the Director's designee findsthe following:

(i) The extension of public sanitary sew-ers to serve the property from thenearest available point of connectionto an available public sanitary seweris not within a feasible distance forpublic sanitary sewers, and

(ii) The original subdivision was createdby deed prior to January 1, 1958, orwas created by plat prior to January1, 1972, provided that said tract ofland, as created by the originallyrecorded plat or deed, has continu-ously remained in the same form asset forth in the originally recordedplat or deed, and

(iii) The individual lots created by theplatting action fail to comply with


3327Supp. No. 58

the minimum lot size requirementsof Sections 24-43.1(3)(a)(i) or Section24-43.1(3)(a)(ii) hereof, and

(iv) The proposed subdivision of the orig-inally recorded plat or deed will re-sult in a subdivision containing lessthan or equivalent number of lots asthe original subdivision described insubsection Section 24-43.1(3)(e)(ii),and

(v) That residential land uses other thana single-family residence or a duplexresidence shall be in compliance withSection 24-43.1(3)(a)(iii), or

(f) The Director or the Director's designeehas issued the Director's or the Director'sdesignee's written approval for a plattingaction (final plat, waiver of plat or equiv-alent municipal platting action) for a res-idential subdivision which was not in ex-istence prior to the effective date of thissubsection which subdivision is served orto be served by a public water main andseptic tanks. The Director or the Director'sdesignee shall issue the Director's or theDirector's designee's written approval onlyif the Director or the Director's designeefinds the following:

(i) The extension of public sanitary sew-ers to serve the property from thenearest available point of connectionto an available public sanitary seweris not within a feasible distance forpublic sanitary sewers, and

(ii) The number of lots in the subdivi-sion created by the platting action isderived by dividing the gross area ofthe property by the minimum lotsize for a single-family residence orduplex residence as set forth in Sec-tions 24-43.1(3)(a)(i) and 24-43.1(3)(a)(ii) hereof, and

(iii) At least one-fourth (1/4) of the lots inthe subdivision exceed the minimumlot size requirements set forth inSection 24-43.1(3)(a)(i) and Section24-43.1(3)(a)(ii) hereof and the re-maining three-fourths (3/4) of the lots

are equal to or exceed ninety-five(95) percent of the lot size require-ment set forth in Sections 24-43.1(3)(a)(i) and Section 24-43.1(3)(a)(ii).

In calculating the square footage of lots in Sec-tions 24-43.1(a), (b), (c), (d), (e) and (f) above,abutting easements and rights-of-way shall beconsidered to the center lines thereof.

(4) Notwithstanding any provision of this Code,no County or municipal officer, agent, employee orBoard shall approve, grant or issue any buildingpermit (except building permits for repair andmaintenance of existing facilities), certificate ofuse and occupancy (except for changes in owner-ship), municipal occupational license (except forchanges in ownership), platting action (final plat,waiver of plat or equivalent municipal plattingaction) or zoning action (district boundary change,unusual use, use variance or equivalent munici-pal zoning action) for any nonresidential land useserved or to be served by any source of potablewater supply and a septic tank without obtainingthe prior written approval of the Director or theDirector's designee.

Furthermore, notwithstanding any provision ofthis Code, no person shall construct, utilize, oper-ate, occupy, or cause, allow, let, permit or suffer tobe constructed, utilized, operated or occupied anynonresidential land use served or to be served byany source of public water supply and a septictank without obtaining the prior written approvalof the Director or the Director's designee.

The Director or the Director's designee shall issuethe Director's or the Director's designee's writtenapproval if the only liquid waste (excluding liquidwastes associated with the processing of agricul-tural produce in agricultural packing houses andliquid wastes associated with agricultural vehicleor, agricultural equipment maintenance facilities,stormwater and water used within a self-con-tained water recycling car wash facility, providedsaid facility does not backwash the recyclingfilters) which shall be generated, disposed of,discharged, or stored on the property shall bedomestic sewage discharged into a septic tank


3328Supp. No. 58

and additionally, that the property is not within afeasible distance for public water mains and pub-lic sanitary sewers, and only:

(a) After the owner of the property (excludingproperty upon which an agricultural ve-hicle or agricultural equipment mainte-nance facility operates) submits to theDirector or the Director's designee a cov-enant running with the land executed bythe owner of the property in favor ofMiami-Dade County which provides thatthe only liquid waste (excluding liquidwastes associated with the processing ofagricultural produce in agricultural pack-ing houses and liquid wastes associatedwith agricultural vehicle or agriculturalequipment maintenance facilities,stormwater and water used within a self-contained water recycling car wash facil-ity, provided said facility does not backwashthe recycling filters) which shall be gen-erated, disposed of, discharged, or storedon the property shall be domestic sewagedischarged into a septic tank. Said cove-nants shall be in a form(s) prescribed bythe Director and approved by the Board ofCounty Commissioners. The covenantsshall be recorded by the Department atthe expense of the owner of the property;and

(b) If the Director or the Director's designeedetermines that the proposed nonresiden-tial land use is in accordance with thefollowing:

(i) Where public water is used the max-imum allowable sewage loading shallbe one thousand five hundred (1,500)gallons per day per unsubmergedacre, or

(ii) Where public water is not used themaximum allowable sewage loadingshall be seven hundred fifty (750)gallons per day per unsubmergedacre.

In calculating the square footage of lots inSections 24-43.1(b)(i) and (ii) above, abut-ting easements and rights-of-way shall beconsidered to the center lines thereof; and

(c) If the Director or the Director's designeedetermines that the existing nonresiden-tial land use for the property or the non-residential land use requested for theproperty is served or to be served by an onsite domestic well system and a septictank and is not one (1) or more of thefollowing nonresidential land uses:

(i) Establishments primarily engaged inthe handling of food and drink ex-cept factory prepackaged productsand agricultural crops,

(ii) Educational institutions,

(iii) Intermediate care facilities,

(iv) Health care facilities.

Notwithstanding the above, the Director or theDirector's designee shall approve the issuance ofa building permit for the repair or maintenance ofexisting facilities.

(5) The following table shall be utilized by theDirector or the Director's designee to determinesewage flows for sanitary sewers and the maxi-mum allowable septic tank sewage loading re-quirements set forth in this chapter. If the Direc-tor or the Director's designee receives competentfactual data and information such as actual on-site measured sewage flows or actual meteredwater bills, the Director or the Director's designeemay utilize this data and information to deter-mine sewage flows for sanitary sewers and themaximum allowable septic tank sewage loadingrequirements set forth in this chapter in lieu ofthe table below. This table shall not be utilized forthe sizing of septic tanks. Sizing of septic tanksshall be in accordance with Florida Statutes re-garding septic tanks.

Type of Land Use, Gallons Per Day (GPD)

Residential Land Uses:

Single-family residence: 350 (GPD/unit)

Townhouse residence: 250 (GPD/unit)

Apartment residence: 200 (GPD/unit)

Mobile home residence: 300 (GPD/unit)


3329Supp. No. 58

Duplex or twin home residence: 250(GPD/unit)

Commercial Land Uses:

Barbershop: 10/100 (GPD/sq. ft.)

Beauty salon or hair boutique: 75(GPD/chair)

Bowling alley: 100 (GPD/lane)

Dentist's office:

(a) Per dentist: 250 (GPD/den-tist)

(b) Per wet chair: 200 (GPD/chair)

Physician's office: 250 (GPD/physi-cian)

Full service restaurant (350 GPDminimum): 50 (GPD/seat)

Bar or cocktail lounge: 15 (GPD/seat)

Fast food restaurant (350 GPD min-imum): 35 (GPD/seat)

Take-out restaurant (350 GPD min-imum); 50/100 (GPD/sq. ft.)

Hotel or motel: 100 (GPD/room)

Office building: 10/100 (GPD/sq. ft.)

Motor vehicle service station: 10/100(GPD/sq. ft.)

Shopping center (dry uses): 5/100(GPD/sq. ft.)

Stadium, racetrack, ballpark: 3 (GPD/seat)

Store without food service: 5/100(GPD/sq. ft.)

Theater:

(a) Indoor auditorium: 3 (GPD/seat)

(b) Outdoor drive-in: 5 (GPD/space)

Camper or trailer park: 150 (GPD/space)

Banquet halls: 25 (GPD/seat)

Car wash:

(a) Recycling-type: 750 (GPD/bay)

(b) Hand-type: 3,500 (GPD/bay)

Coin laundries: 225 (GPD/washer)

Country clubs: 25 (GPD/member)

Funeral homes: 10/100 (GPD/sq. ft.)

Gas station/mini-mart: 450 (GPD/unit)

Health spa/gyms: 35/100 (GPD/sq.ft.)

Veterinarian's office:

(a) Per veterinarian: 250 (GPD/vet)

(b) With kennels: 30 (GPD/cage)

Kennels: 30 (GPD/cage)

Marinas: 40 (GPD/slip)

Food preparation outlets (bakeries,meat markets, commissaries) (350GPD minimum): 50 (GPD/sq. ft.)

Pet grooming:

(a) Store space: 10/100 (GPD/sq. ft.)

(b) Per tub: 75 (GPD/tub)

Industrial Land Uses:

Factory without showers: 10/100(GPD/sq. ft.)

Factory with showers: 20/100 (GPD/sq. ft.)

Airport: 5 (GPD/passenger); 10 (GPD/employee)

House of worship: 3 (GPD/seat)

Hospital: 250 (GPD/bed)

Convalescent or nursing home: 150(GPD/bed)

Park:

(a) With toilets only: 5 (GPD/person)

(b) With showers and toilets: 20(GPD/person)

Other residential institution or facil-ity (including adult congregate liv-ing units): 100 (GPD/person)

School:

(a) Day care/nursery: 5 (GPD/student)


3330Supp. No. 58

(b) Regular school: 10 (GPD/student)

(c) With cafeteria add: 5 (GPD/student)

(d) With showers add: 5 (GPD/student)

(e) Teachers and staff: 15 (GPD/person)

Public swimming facility: 10 (GPD/person)

Warehouse/industrial speculationbuilding: 20/1000 (GPD/sq. ft.)

Storage warehouse or mini-ware-house: 5/1000 (GPD/sq. ft.)

(6) Notwithstanding any provision of this Code,no County or municipal officer, agent, employee,or Board shall approve, grant or issue any build-ing permit, certificate of use and occupancy (ex-cept for changes in ownership), platting action(final plat, waiver of plat or equivalent municipalplatting action) or zoning action (district bound-ary change, unusual use, use variance or equiva-lent municipal zoning action) for any nonresiden-tial land use served or to be served by any liquidwaste storage, disposal or treatment method otherthan public sanitary sewers or any source ofpotable water supply other than a public watermain without obtaining the prior written ap-proval of the Director or the Director's designee.

Furthermore, notwithstanding any provision ofthis Code, no person shall construct, utilize, oper-ate, occupy or cause, allow, let, permit or suffer tobe constructed, utilized, operated or occupied anynonresidential land use served by any liquidwaste storage, disposal or treatment method otherthan public sanitary sewers or any source ofpotable water supply other than a public watermain without obtaining the prior written ap-proval of the Director or the Director's designee.

The Director or the Director's designee shall issuehis written approval only if:

(a) The Director or the Director's designeedetermines that the existing nonresiden-tial land use for the property or the non-residential land use for the property is anonresidential land use served or to beserved by a public water main and is not

one (1) or more of the nonresidential landuses permitted under the following Miami-Dade County zoning classifications:

(i) BU-1A (excluding those land usespermitted by BU-1),

(ii) BU-2 (excluding those land uses per-mitted by BU-1),

(iii) BU-3 (excluding those land uses per-mitted by BU-1),

(iv) IU-1,

(v) IU-2,

(vi) IU-3,

(vii) IU-C, or

(b) The Director or the Director's designeedetermines that the existing nonresiden-tial land use for the property or the non-residential land use requested for theproperty is a nonresidential land use servedor to be served by an on site domestic wellsystem and is not an establishment pri-marily engaged in the handling of foodand drink (except factory prepackagedproducts), educational institutions, inter-mediate care facilities and health carefacilities and is not one (1) or more of thenonresidential land uses permitted underthe following Miami-Dade County zoningclassifications:

(i) BU-1A (excluding those land usespermitted by BU-1 except an estab-lishment primarily engaged in thehandling of food and drink (exceptfactory prepackaged products), edu-cational institutions, intermediatecare facilities and health care facili-ties),

(ii) BU-2 (excluding those land uses per-mitted by BU-1 except an establish-ment primarily engaged in the han-dling of food and drink (except factoryprepackaged products), educationalinstitutions, intermediate care facil-ities and health care facilities),

(iii) BU-3 (excluding those land uses per-mitted by BU-1 except an establish-ment primarily engaged in the han-


3331Supp. No. 58

dling of food and drink (except factoryprepackaged products), educationalinstitutions, intermediate care facil-ities, and health care facilities),

(iv) IU-1,

(v) IU-2,

(vi) IU-3,

(vii) IU-C,

(viii) Unusual uses (excluding fruit andvegetable stands (no food or drinksprocessing) on a seasonal basis; lakeexcavation; concrete batching plant;concrete block plant; rock crushingand screening plant; filling of rockpits; rock quarries; radio and televi-sion towers and transmitting sta-tions; trailers as watchman's quar-ters), or

(c) The owner of the property submits to theDirector or the Director's designee a cov-enant running with the land executed bythe owner of the property in favor ofMiami-Dade County which provides thatprior to the approval, granting or issu-ance of any building permit, certificate ofuse and occupancy (except for changes inownership) or municipal occupational li-cense (except for changes in ownership)the property shall be connected to a publicwater main and a public sanitary sewer.Said covenants shall be in a form(s) pre-scribed by the Director and approved bythe Board of County Commissioners. Thecovenant shall be recorded in the publicrecords of Miami-Dade County, Florida,by the Department at the expense of theowner of the property, or

(d) An application has been filed for certifi-cate of use and occupancy or municipaloccupational license for a land use servedor to be served by a public water main andany liquid waste storage, disposal or treat-ment method approved prior to Septem-ber 30, 1983, or, an application has beenfiled for a certificate of use and occupancyor municipal occupational license for aland use served or to be served by an on

site domestic well system and any liquidwaste storage, disposal or treatmentmethod other than public sanitary sewersapproved prior to June 13, 1986, or

(e) The Director or the Director's designeedetermines that the property is served orto be served by a public water main and isserved or to be served by any liquid wastestorage, disposal or treatment method otherthan public sanitary sewers, is in compli-ance with Sections 24-43.1(4)(a) and (b),and that the existing nonresidential landuse for the property or the nonresidentialland use requested for the property is one(1) or more of the nonresidential land usespermitted under the Miami-Dade Countyzoning classifications set forth in Sections24-43.1(6)(a)(i), (ii), or (iii) above, and theowner of the property has executed acovenant running with the land in favorof Miami-Dade County which providesthat the property shall only be used forthose nonresidential uses permitted un-der Miami-Dade County zoning classifica-tion BU-1 until such time as the propertyis connected to public sanitary sewers.Said covenants shall be in a form(s) pre-scribed by the Director and approved bythe Board of County Commissioners. Thecovenants shall be recorded in the publicrecords of Miami-Dade County, Florida bythe Department at the expense of theowner of the property, or

(f) The Director or the Director's designeedetermines that the property is served oris to be served by an on site domestic wellsystem and is served or to be served byany liquid waste storage, disposal or treat-ment method other than public sanitarysewers, is in compliance with Sections24-43.1(4)(a), (b) and (c), and that theexisting nonresidential land use for theproperty or the nonresidential land userequested for the property is one (1) ormore of the nonresidential land uses per-mitted under the Miami-Dade County zon-ing classifications set forth in Sections24-43.1(6)(b)(i), (ii), or (iii) above, and theowner of the property has executed a


3332Supp. No. 58

covenant running with the land in favorof Miami-Dade County which providesthat the property shall only be used forthose nonresidential uses permitted un-der Miami-Dade County zoning classifica-tion BU-1 (excluding establishments pri-marily engaged in the handling of foodand drink, except factory prepackagedproducts, educational institutions, inter-mediate care facilities and health carefacilities) until such time as the propertyis connected to a public water main and apublic sanitary sewer. Said covenants shallbe in a form(s) prescribed by the Directorand approved by the Board of CountyCommissioners. The covenants shall berecorded in the public records of Miami-Dade County, Florida, by the Departmentat the expense of the owner of the prop-erty, or

(g) The Director or the Director's designeedetermines that no portion of the propertyis located within the Northwest Wellfieldprotection area or within the West WellfieldInterim protection area or within the max-imum day wellfield protection area of theAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield or within the outerwellfield protection zone of the South Mi-ami Heights Wellfield Complex or withinthe basic wellfield protection area of anypublic utility potable water supply well,that the owner of the property is applyingfor a land use prohibited by Section 24-43.1(6)(a) above, and:

(i) That extension of public sanitarysewers to serve the property fromthe nearest available point of connec-tion to an available public sanitarysewer is not within a feasible dis-tance for public sanitary sewers, and

(ii) That more than fifty (50) percent ofan area, consisting of a minimum ofone-quarter (1/4) mile square extend-ing a minimum of one-eighth (1/8) ofa mile radially from the perimeter of

the property, contains land usesserved by septic tank(s) and publicwater, and

(iii) That the property complies with Sec-tions 24-43.1(4)(a) and (b), and

(iv) That if the nonresidential land usewill handle, use, or store hazardousmaterials on the property then thewater pollution prevention and abate-ment measures and practices set forthin Sections 24-43(5)(a)(i), (ii), (iii),(iv), and (v) of this Code shall beprovided. Said water pollution pre-vention and abatement measures andpractices shall be subject to the ap-proval of the Director or the Director'sdesignee, and

(v) That the owner of the property sub-mits to the Director or the Director'sdesignee a covenant running withthe land executed by the owner ofthe property in favor of Miami-DadeCounty which sets forth the nonres-idential land uses to be allowed onthe property served by septic tank(s).Said covenant shall only include thenonresidential land uses permittedby the existing Miami-Dade Countyor municipal zoning classification forthe property or permitted by theMiami-Dade County or municipalzoning classification requested by theowner of the property and which aredetermined by the Director or theDirector's designee to generate, dis-pose of, discharge, or store only do-mestic sewage discharged into a sep-tic tank and not to generate, disposeof, discharge, or store any other liq-uid waste except storm water or wa-ter used within a self-contained wa-ter recycling car wash facility,provided said facility does notbackwash the recycling filters.

Said covenants shall be in a form(s)prescribed by the Director and ap-proved by the Board of County Com-missioners. The covenants shall be


3333Supp. No. 58

recorded by the Department at theexpense of the owner of the property,and

(vi) That the property is served or is tobe served by a public water supply,or

(h) The Director or the Director's designeedetermines that no portion of the propertyis located within the Northwest Wellfieldprotection area or within the West WellfieldInterim protection area or within the max-imum day wellfield protection area of theAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield or within the outerwellfield protection zone of the South Mi-ami Heights Wellfield Complex or withinthe basic wellfield protection area of anypublic utility potable water supply well,that the owner of the property is applyingfor a land use prohibited by Section 24-43.1(6)(b)(i), (ii), and (iii) above, and:

(i) That extension of a public watermain and public sanitary sewer(s) toserve the property from the nearestavailable point of connection to anavailable public water main and pub-lic sanitary sewers is not within afeasible distance for public watermains and public sanitary sewers.

(ii) That the property complies with Sec-tions 24-43.1(4)(a), (b) and (c), and24-43.1(6)(g)(v), and 24-43.2(1).

(iii) That the nonresidential land use willnot use, generate, handle, dispose of,discharge or store hazardous mate-rials on the property.

(iv) That the nonresidential land use(s)will not have an adverse environmen-tal impact on groundwater qualitywithin the property.

In determining whether a land usedoes not or will not have an adverseenvironmental impact on the ground-water quality within the property,

the Director or the Director's desig-nee shall consider the following fac-tors:

1. The land use will not be detri-mental to the public health, wel-fare and safety and will notcreate a nuisance and will notmaterially increase the level ofwater pollution within the prop-erty;

2. The use, generation, handling,disposal of, discharge or stor-age of hazardous materials willnot occur on the property;

3. The only liquid waste (exclud-ing stormwater) which will begenerated, disposed of, dis-charged, or stored on the prop-erty shall be domestic sewagedischarged to a public sanitarysewer or septic tank;

4. Stormwater runoff shall be re-tained on the property and dis-posed of through infiltrationdrainage systems supplementedwith seepage drainage systems,or

(i) The Director or the Director's designeedetermines that no portion of the propertyis located within the Northwest Wellfieldprotection area or within the West WellfieldInterim protection area or within the max-imum day wellfield protection area of theAlexander Orr Wellfield, Snapper CreekWellfield, Southwest Wellfield, MiamiSprings Lower Wellfield, Miami SpringsUpper Wellfield, John E. Preston Wellfieldor Hialeah Wellfield or within the outerwellfield protection zone of the South Mi-ami Heights Wellfield Complex or withinthe basic wellfield protection area of anypublic utility potable water supply well,that the property is located within theboundaries of a sanitary sewer improve-ment district approved by the Board ofCounty Commissioners or a municipalgoverning body, that the owner of the


3334Supp. No. 58

property is applying for a land use prohib-ited by subsection Section 24-43.1(6)(a)above, and

(i) That the property is served or will beserved by a public water supply, and

(ii) That the property complies with therequirements of Section 24-43.1(4)(b),and

(iii) That if the nonresidential land usewill generate, handle, store or usehazardous waste on the property thenthe water pollution prevention andabatement measures and practiceslisted below shall be provided. Saidwater pollution prevention and abate-ment measures and practices shallbe subject to the approval of theDirector or the Director's designee.

1. Monitoring of groundwater, and

2. Secondary containment of haz-ardous wastes stored on theproperty, and

3. Disposal of hazardous wastesby a liquid waste transporterwith a valid liquid waste trans-porters operating permit is-sued by the Director, and

4. Inventory control andrecordkeeping of hazardouswastes generated or stored onthe property, and

5. Stormwater management.

(iv) That if the nonresidential land usewill generate, handle, use or storeliquid wastes (excluding hazardouswastes and domestic sewage) on theproperty then the best managementpractices listed below shall be pro-vided. Said best management prac-tices shall be subject to the approvalof the Director or the Director's des-ignee.

1. Disposal of liquid wastes, otherthan domestic sewage, by a liq-uid waste transporter with a

valid liquid waste transporteroperating permit issued by theDirector, and

2. Inventory control and recordkeeping of liquid wastes, otherthan domestic sewage, gener-ated and stored on the prop-erty.

(j) The Director or the Director's designeedetermines that the property is locatedwithin the maximum day wellfield protec-tion area of the Alexander Orr Wellfield,Snapper Creek Wellfield, SouthwestWellfield, Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, John E.Preston Wellfield or Hialeah Wellfield orwithin the outer wellfield protection zoneof the South Miami Heights Wellfield Com-plex or within the basic wellfield protec-tion area of any public utility potablewater supply well, that the property islocated within the boundaries of a sani-tary sewer improvement district approvedby the Board of County Commissioners ora municipal governing body, that the ownerof the property is applying for a land useprohibited by Section 24-43.1(6)(a) above,and

(i) That the property is served or is tobe served by a public water supply,and

(ii) That the property complies with Sec-tion 24-43.1(4)(b), and

(iii) That the property complies with therequirements of Sections 24-43(5)(a),(b), and (c), and

(iv) That if the nonresidential land usewill handle, generate, store, or dis-pose of liquid wastes (excluding haz-ardous wastes), other than domesticsewage discharged to a septic tank,on the property, then the followingbest management practices shall beprovided:

1. Monitoring of groundwater, and


3335Supp. No. 58

2. Secondary containment of liq-uid wastes stored on the prop-erty, and

3. Disposal of liquid wastes by aliquid waste transporter with avalid liquid waste transporteroperating permit issued by theDirector, and

4. Inventory control andrecordkeeping of liquid wastesother than domestic sewage dis-charged to a septic tank, and

5. Stormwater management.

Said best management practices shall be subjectto the approval of the Director or the Director'sdesignee, and

(7) Notwithstanding any provision of this Code,when an approved public gravity sanitary seweror approved sanitary sewer force main is avail-able and operative in a public right-of-way oreasement abutting the property, the use of anyliquid waste storage, disposal or treatment meth-ods shall cease within ninety (90) days of the datethat the Director or the Director's designee deter-mines that the approved public sanitary sewer isavailable and operative. Thereafter, all liquidwastes that are generated, handled, disposed of,discharged or stored on the property shall bedischarged to an approved and operative gravitysanitary sewer or approved sanitary sewer forcemain except those liquid wastes, other than do-mestic sewage, that are permitted by this chapterto be generated, handled, treated or stored on theproperty. Notwithstanding the foregoing, graywatermay, at the option of the property owner, bedischarged to a graywater disposal system ap-proved by the Director or the Director's designee.

(8) Notwithstanding any provision of this Code,the use of any liquid waste storage, disposal ortreatment methods (excluding public sanitary sew-ers and stormwater disposal methods) for anynonresidential land use within the NorthwestWellfield protection area, within the West WellfieldInterim protection area, the maximum day pump-age wellfield protection areas of the AlexanderOrr Wellfield, Snapper Creek Wellfield, South-west Wellfield, Miami Springs Lower Wellfield,Miami Springs Upper Wellfield, John E. Preston

Wellfield or Hialeah Wellfield or within the outerwellfield protection zone of the South MiamiHeights wellfield complex or within the basicwellfield protection area of any public utilitypotable water supply well shall cease within six(6) months from the date that the Director or theDirector's designee determines that an approvedpublic gravity sanitary sewer has been madeavailable and operative in any portion of thepublic right-of-way or easement abutting the prop-erty, or the use of any liquid waste storage,disposal or treatment methods (excluding publicsanitary sewers and stormwater disposal meth-ods) for any nonresidential land use which ex-ceeds the maximum allowable sewage loadingpermitted by Section 24-43.1(4)(b) of this Code,shall cease within six (6) months from the datethat the Director or the Director's designee deter-mines that an approved public gravity sanitarysewer has been made available and operative inany portion of the public right-of-way or easementabutting the property. Thereafter, all liquid wastesthat are generated, handled, disposed of, dis-charged or stored on the property shall be dis-charged to an approved and operative gravitysanitary sewer except those liquid wastes, otherthan domestic sewage, that are permitted by thischapter to be generated, handled, treated or storedon the property.

(9) Interim sewage treatment plants whichserve any property within one-quarter (1/4) milefrom a public sanitary sewer which ultimatelydischarges to a regional sewage treatment plantof the Miami-Dade Water and Sewer Departmentshall cease operation when the aforesaid publicsanitary sewer is made operable and available.The sewage flowing to the aforesaid interim sew-age treatment plants shall be diverted and trans-mitted to public sanitary sewers for ultimatedischarge to a regional sewage treatment plant ofthe Miami-Dade Water and Sewer Department.Private interim sewage treatment plants shallcease to operate within six (6) months from thedate the said public sanitary sewer is made oper-able and available. Public interim sewage treat-ment plants operated by a utility shall cease tooperate within two (2) years from the date thesaid public sanitary sewer is made operable andavailable. The aforesaid one-quarter (1/4) mile


3336Supp. No. 58

distance shall be measured from the closest pointof any of the properties served by the aforesaidinterim sewage treatment plants and the nearestavailable point of connection within a public rightof way or public easement to the aforesaid publicsanitary sewer.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-125, § 4, 9-12-06; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-43.2. Regulation of on-site domestic

well systems and other water

supply wells.

(1) Regulation of on-site domestic well systems

generally.

(a) Notwithstanding any provision of thisCode, no County or municipal officer, agent,employee or Board shall approve, grant orissue any building permit, certificate ofuse and occupancy (except for changes inownership), municipal occupational li-cense (except for changes in ownership),platting action (final plat, waiver of plator equivalent municipal platting action)or zoning action (district boundary change,unusual use, use variance or equivalentmunicipal zoning action) for any land useserved or to be served by an on-site do-mestic well system without obtaining theprior written approval of the Director orthe Director's designee.

Furthermore, notwithstanding any provi-sion of this Code, no person shall con-struct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany land use served or to be served by adomestic well system without obtainingthe prior written approval of the Directoror of the Department of EnvironmentalResources Management designee.

Pursuant to the foregoing, the Director orthe Director's designee shall issue hiswritten approval only if the Director orthe Director's designee determines that:

(i) That the existing land use for theproperty or the land use requested

for the property is in compliancewith Section 24-43.1 of this chapter,and

(ii) That the installation of a public wa-ter main to serve the property fromthe nearest available point of connec-tion to an available public watermain is not within a feasible dis-tance for public water mains, and

(iii) That the groundwater at the sitedoes not require treatment in orderto meet the primary drinking waterquality standards specified in Chap-ter 62-55, Florida AdministrativeCode, as same may be amended fromtime to time, and

(iv) That the groundwater at the sitedoes not contain more than two hun-dred fifty (250) milligrams per liter(mg/l) of chlorides at a depth of thirty(30) feet from ground elevation.

(b) No construction may be begun on anyproject within Miami-Dade County involv-ing the construction of a well capable ofwithdrawing water without obtaining ap-proval from the Director. No well thatwithdraws water in excess of five thou-sand (5,000) gallons per day from ground-water, surface water or any other water orwaters of Miami-Dade County may bemaintained or operated without a permit.All permit applications shall be filed withthe Director on forms provided by theDirector and shall include but shall not belimited to the following information:

(i) The name and address of the appli-cant (if the applicant is a corporationinclude the address of the principalbusiness office);

(ii) The date the application is filed;

(iii) The source of water supply (if thewater is from a lake, spring, river,stream or other source of surfacewater the name generally given tothe source by the people in the vicin-ity. If the water is from a groundwa-ter source this fact shall be stated onthe application);


3337Supp. No. 58

(iv) The quantity of water applied for;

(v) The use to be made of the water andany limitation thereon (the descrip-tion shall include the nature of theproposed use, the method of with-drawal or division of the water andfacts, figures and other informationon which the amount of water re-quested was based);

(vi) The place where the water is to beused;

(vii) The location of the well and for sur-face waters, the point of diversion;

(viii) The total related land area ownedby the applicant;

(ix) The necessity for the well;

(x) Any known persons who may be di-rectly affected by the granting of theapplication;

(xi) The signature of the applicant or hisagent (if the signer is signing in arepresentative capacity he shall at-tach proof of his authority—in thecase of a corporation, governmentalbody or public utility the applicantshall attach a certified copy of theauthority under which the applica-tion is made);

(xii) Other information as may be re-quested by the Department.

(2) Conditions for a well permit.

(a) In order to obtain a well permit an appli-cant must show that the intended use:

(i) Is a reasonable, beneficial use, and

(ii) Will not interfere with any legal useof water existing at the time of theapplication, including both exempteddomestic uses and uses exercisedunder the authority of a valid per-mit, and

(iii) Is consistent with the public inter-est.

(b) In determining whether a use is consis-tent with the public interest, the Directormay consider the following factors:

(i) The maximum economic develop-ment of the water resources consis-tent with present and future uses;

(ii) The control of such waters for suchpurposes as environmental protec-tion, drainage, flood control and wa-ter storage;

(iii) The quantity of water available forapplication to a reasonable-benefi-cial use;

(iv) Preservation of wasteful, uneconomic,impractical or unreasonable uses ofwater resources;

(v) The preservation and enhancementof water quality of the County andthe provisions of the water qualitystandards and classifications estab-lished pursuant to Chapter 24 of theCode of Miami-Dade County;

(vi) The County's water resources policyas expressed in Chapter 24 of theCode;

(vii) The availability and proximity of pub-lic water supply; and

(viii) The satisfaction of the require-ments of Section 24-43.3 of the Code.

(c) The Director may reserve water from useby permit applicants in such locationsand quantities and for such seasons of theyear as may reasonably be necessary toprotect the public health, safety or fishand wildlife. Such reservations shall besubject to periodic review and revision inlight of changed conditions except that alllegal uses of water existing at the time ofthe reservation shall not be subject to thisregulation so long as such uses are notcontrary to the public interest. Any appli-cant aggrieved by an action of the Direc-tor or the Director's designee may appealto the Environmental Quality ControlBoard under the procedures and stan-dards set forth in Section 24-11 of theCode.


3338Supp. No. 58

(3) Permits for existing uses. All uses of waterin existence before the effective date of this sec-tion, unless otherwise exempted from regulationby law, may be continued after the adoption ofthis permit system. A permit for any existing useshall be issued upon proper application. Failureto apply for a permit for any existing use for one(1) year after the effective date of this ordinanceshall constitute an abandonment of the rightgranted by this section.

Notwithstanding the above, when an approvedpublic water main has been made available andoperative in any portion of the public right-of-wayor easement abutting the property, the use of anyon site domestic well system shall cease andconnection shall be made to a public water mainwithin ninety (90) days from the date that theDirector or the Director's designee determinesthat the approved public water main is madeavailable and operative, and

(a) The existing sewage loading on the prop-erty exceeds the maximum allowable sew-age loading permitted by Sections 24-43.1(3) or 24-43.1(4)(b) of this Code, or

(b) The groundwater quality for the propertyexceeds the potable water standards inSection 24-43.3(2) of this chapter.

(4) Competing applications.

(a) If two (2) or more applications, otherwisein compliance with the provisions of thischapter, are pending for a quantity ofwater that is inadequate for both (or all)or which for any other reason are inconflict, the Director shall have the rightto modify or approve the application orapplications to best serve the public inter-est. In considering the relative benefit tobe derived by the public from such pro-posed uses of water the Director maywithin the same type of use and sourceconsider the following:

(i) Public users should be preferred overprivate users;

(ii) Economically more productive usesshould be preferred over less produc-tive uses;

(iii) The purposes expressly declared tobe in the public interest in Chapter24 of the Code should be given pri-mary consideration.

(b) In the event two (2) or more competingapplications which have equally qualifiedunder Section 24-43.2(4)(a) above cannotbe reconciled by modification by the Di-rector, the Director shall give preferenceto:

(i) Renewal application, or

(ii) If none or all are renewal applica-tions, to the first properly filed ap-plication.

(5) Modification, renewal and transfer of per-

mits. A permittee may apply to the Director forapproval of any modification of a permit use. TheDirector may approve any modification of usewhich involves a decrease in the quantity of waterrequired. Modification of any other term or termsof a permit may be granted at the discretion of theDirector provided that such modification does noteffect substantially the public interest.

(6) Revocation of permits.

(a) Pursuant to a hearing, the Environmen-tal Quality Control Board may upon ap-plication by the Director:

(i) Revoke any permit for completenonuse of water supply allowed bythe permit for a period of one (1)year or more;

(ii) Permanently revoke in whole or inpart any permit for any materialfalse statement in the application tocontinue, to initiate, or to modify ause, or for any material false state-ment in any report or statement offact required by the user pursuant tothe provisions of this section;

(iii) Permanently or temporarily revokein whole or in part any permit forthe willful violation of conditions ofthe permit;

(iv) Revoke in whole or in part for aperiod not to exceed one (1) year any


3339Supp. No. 58

permit for the violation of any provi-sion of Chapter 24 or regulationadopted thereunder;

(v) Revoke, in whole or in part, anypermit where adequate public waterbecomes available.

(b) The Director may cancel any permit withthe written consent of the permittee.

(7) Emergency drought conditions. Nothing inthis section shall be construed to prohibit theexercise of emergency powers to control the use,withdrawal or diversion of water during periodsof emergency water shortage.

(8) Violation of section. It shall be unlawful forany person without a permit to construct, operateor maintain a well as required by this section.

(9) Effect of denial. When an application for apermit has been denied by the Director and thatdenial, pursuant to a timely appeal, has not beenoverruled by the Environmental Quality ControlBoard a new application for a permit shall not beresubmitted within one (1) year of such finaldenial unless the applicant can demonstrate asubstantial change in conditions or unless thepermit applied for is substantially modified and isin compliance with the Director's reason for de-nial.

(10) Definitions.

(a) Domestic use shall mean any use of waterfor individual personal needs or for house-hold purposes such as drinking, bathing,eating, cooking or sanitation.

(b) Emergency shall mean that situation wherethe public health, safety or welfare or thehealth of animals, fish or aquatic life or ofa public water supply or recreational,commercial, industrial, agricultural orother reasonable use of water is immedi-ately in danger or threatened by an insuf-ficient supply, restricted source, deleteri-ous quality or other conditions of thewater within the County.

(c) Director shall mean the Director of theDepartment of Environmental ResourcesManagement with powers as provided bySection 24-7 of the Code.

(d) Groundwater shall mean water beneaththe surface of the ground whether or notflowing through known and definite chan-nels.

(e) Person shall mean any and all personsincluding but not limited to any individ-ual, firm, association, organization, part-nership, business trust, corporation, com-pany, United States of America, the Stateof Florida and all the municipalities andpublic agencies thereof located within Mi-ami-Dade County.

(f) Reasonable-beneficial use shall mean theuse of water in such quantity as is neces-sary for economic and efficient utilizationfor a purpose and in a manner which isboth reasonable and consistent with thepublic interest.

(g) Surface water shall mean water upon thesurface of the earth whether contained inbounds created naturally or artificially ordiffused. Water from a natural spring orwell shall be classified as surface waterwhen it exits from the spring or well ontothe earth's surface.

(h) Water or waters of the County shall meanany and all waters on or beneath thesurface of the ground including natural orartificial water courses, lakes, ponds ordiffused surface water and water perco-lating, standing or flowing beneath thesurface of the ground as well as all coastalwaters in the geographic boundaries ofMiami-Dade County, Florida.

(i) Water shortage shall mean that situationwithin all or part of Miami-Dade County,Florida wherein insufficient water is avail-able to meet the requirements of the per-mit system or where the conditions aresuch as to require temporary reduction inthe total use within the area to protectwater resources from serious harm.

(j) Well shall mean any excavation that isdrilled, cored, bored, washed, driven, dug,jetted or otherwise constructed when theintended use of such excavation is for thelocation, acquisition, development or arti-


3340Supp. No. 58

ficial recharge of groundwater or removalof water from beneath the ground. Theterm well does not include sandpoint wellsor any wells for the purpose of obtainingor prospecting for oil, natural gas, miner-als or products of mining or quarrying orthe inserting of media to dispose of oilbrinds or to repressure an oil or naturalgas-bearing formation or for storing petro-leum, natural gas or other products.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-43.3. Potable water standards.

(1) GENERAL PROHIBITIONS. It shall beunlawful for any person, firm, corporation, pri-vate or public utility, to cause, permit or other-wise allow any potable water supply to breach thevalues set forth in Section 24-43.3(2).

(2) POTABLE WATER STANDARDS FOR MI-AMI-DADE COUNTY.

(a) Bacteriological quality; sampling. Compli-ance with the bacteriological require-ments of these standards shall be basedon examinations of samples collected atrepresentative points throughout the dis-tribution system. The frequency of sam-pling and the location of sampling pointsshall be established by the Director or theDirector's designee after investigation ofthe source, method of treatment, and pro-tection of the water concerned. In no eventshall the frequency be less than as setforth below:

Populations Served

Minimum Number of

Samples Per Month

25—2,500 22,501—3,300 33,301—4,100 44,101—4,900 54,901—5,800 65,801—6,700 76,701—7,600 87,601—8,500 98,501—9,400 109,401—10,300 1110,301—11,100 12

Populations Served

Minimum Number of

Samples Per Month

11,101—12,000 1312,001—12,900 1412,901—13,700 1513,701—14,600 1614,601—15,500 1715,501—16,300 1816,301—17,200 1917,201—18,100 2018,101—18,900 2118,901—19,800 2219,801—20,700 2320,701—21,500 2421,501—22,300 2522,301—23,200 2623,201—24,000 2724,001—24,900 2824,901—25,000 2925,001—28,000 3028,001—33,000 3533,001—37,000 4037,001—41,000 4541,001—46,000 5046,001—50,000 5550,001—54,000 6054,001—59,000 6559,001—64,000 7064,001—70,000 7570,001—76,000 8076,001—83,000 8583,001—90,000 9090,001—96,000 9596,001—111,000 100111,001—130,000 110130,001—160,000 120160,001—190,000 130190,001—220,000 140220,001—250,000 150250,001—290,000 160290,001—320,000 170320,001—360,000 180360,001—410,000 190410,001—450,000 200450,001—500,000 210500,001—550,000 220550,001—600,000 230600,001—660,000 240660,001—720,000 250


3341Supp. No. 58

Populations Served

Minimum Number of

Samples Per Month

720,001—780,000 260780,001—840,000 270840,001—910,000 280910,001—970,000 290970,001—1,050,000 3001,050,001—1,140,000 3101,140,001—1,230,000 3201,230,001—1,320,000 3301,320,001—1,420,000 3401,420,001—1,520,000 3501,520,001—1,630,000 3601,630,001—1,730,000 3701,730,001—1,850,000 3801,850,001—1,970,000 3901,970,001—2,060,000 4002,060,001—2,270,000 4102,270,001—2,510,000 4202,510,001—2,750,000 4302,750,001—3,020,000 4403,020,001—3,320,000 4503,320,001—3,620,000 4603,620,001—3,960,000 4703,960,001—4,310,000 4804,310,001—4,690,000 4904,690,001— 500

(b) Laboratories in which water examina-tions are made for required reports shallbe subject to inspection at any time by theDirector or the Director's designee.

(c) Bacterial limits. The presence of organ-isms of the coliform group as indicated bysamples examined shall not exceed thefollowing limits:

(i) When ten (10) ml standard portionsare examined not more than ten (10)percent in any month shall show thepresence of the coliform group. Thepresence of the coliform group inthree (3) or more ten (10) ml portionsof a standard sample shall not beallowable if this occurs:

1. In two (2) consecutive samples;

2. In more than one (1) sampleper month when less thantwenty (20) are examined permonth; or

3. In more than five (5) percent ofthe samples when twenty (20)or more are examined permonth.

When organisms of the coliform groupoccur in three (3) or more of the ten(10) ml portions of a single standardsample, daily samples from the samesampling point shall be collectedpromptly and examined until theresults obtained from at least two (2)consecutive samples show the waterto be of satisfactory quality.

(ii) When one hundred (100) ml stan-dard portions are examined, not morethan sixty (60) percent in any monthshall show the presence of the coliformgroup. The presence of the coliformgroup in all five (5) of the one hun-dred (100) ml portions of a standardsample shall not be allowable if thisoccurs:

1. In two (2) consecutive samples;

2. In more than one (1) sampleper month when less than five(5) are examined per month; or

3. In more than twenty (20) per-cent of the samples when five(5) or more are examined permonth.

When organisms of the coliform groupoccur in all five (5) of the one hun-dred (100) ml portions of a singlestandard sample, daily samples fromthe same sampling point shall becollected promptly and examined un-til the results obtained from at leasttwo (2) consecutive samples showthe water to be of satisfactory qual-ity.

(iii) When the membrane filter tech-nique is used, the arithmetic meancoliform density of all standard sam-ples examined per month shall notexceed one (1) per one hundred (100)ml. Coliform colonies per standardsample shall not exceed 3/50 ml,4/100 ml, 7/200 ml, or 13/500 ml in:

1. Two (2) consecutive samples;


3342Supp. No. 58

2. More than one (1) standard sam-ple when less than twenty (20)are examined per month; or

3. More than five (5) percent ofthe standard samples whentwenty (20) or more are exam-ined per month.

When coliform colonies in a singlestandard sample exceed the abovevalues, daily samples from the samesampling point shall be collectedpromptly and examined until theresults obtained from at least two (2)consecutive samples show the waterto be of satisfactory quality.

(d) Physical characteristics; sampling. Thefrequency and manner of sampling shallbe determined by the Director or theDirector's designee. Under normal circum-stances the Director or the Director's des-ignee may require that samples be col-lected one (1) or more times per week fromrepresentative points in the distributionsystem and examined for turbidity, color,threshold odor, and taste.

(e) Physical limits. The water shall containno impurity which would cause offense tothe sense of sight, taste, or smell. Undergeneral use, the following limits shall notbe exceeded:

Turbidity—5 nephelometric turbid-ity units

Color—15 units

Threshold odor number—3

(f) Chemical characteristics; sampling. Thefrequency and manner of sampling shallbe determined by the Director or theDirector's designee. Under normal circum-stances, analyses for substances listed inSection 24-43.3(2)(h) need be made onlyannually. If, however, there is some pre-sumption of unfitness because of the pres-ence of undesirable elements, compounds,or materials, periodic determinations forthe suspected toxicant or material shallbe made more frequently and an exhaus-tive sanitary survey shall be made to

determine the source of the pollution.Where the concentration of a substance isnot expected to increase in processing anddistribution, available and acceptablesource water analyses performed in accor-dance with standard methods may beused as evidence of compliance with thesestandards.

(g) Chemical limits. The water shall not con-tain impurities in concentrations whichmay be hazardous to the health of theconsumers. It should not be excessivelycorrosive to the water supply system. Sub-stances used in its treatment shall notremain in the water in concentrationsgreater than required by good practice.Substances which may have deleteriousphysiological effect, or for which physio-logical effects are not known, shall not beintroduced into the system in a mannerwhich would permit them to reach theconsumer. Each public water supply util-ity shall test the finished water producedby each of its water treatment plants onan annual basis for the materials identi-fied as priority pollutants by the UnitedStates Environmental Protection Agencyas set forth in Schedule A, attached heretoand made a part hereof [but not repro-duced at length herein], and such othermaterials as may be designated by theDirector or the Director's designee. Eachof the other community water systemsshall test the finished water produced byits water treatment system every thirdyear for the aforesaid materials identifiedas priority pollutants by the United StatesEnvironmental ProtectionAgency, and suchother materials as may be designated bythe Director or the Director's designee.

The first of the previously mentioned anal-yses shall be performed, and the resultssubmitted to the Director or the Director'sdesignee, no later than one hundred fifty(150) days after the effective date of Or-dinance No. 84-41. Subsequent analysesshall be performed, and the results sub-mitted to the Director or the Director'sdesignee, no later than July first of therespective year.


3343Supp. No. 58

Analyses conducted to determine compli-ance with this section shall be made inaccordance with an analytical method ac-ceptable to the Director or the Director'sdesignee in accordance with Schedule A,attached hereto and made a part hereof,and at the detection limits achievableusing the specific technique. The labora-tory performing these tests shall haveappropriate experience in these types ofdrinking water analyses and shall be cer-tified by the State of Florida.

After submittal of the test results to theutilities and community water systemsfor their review and comments at a publicworkshop, the Director or the Director'sdesignee shall make available to the pub-lic thirty (30) days thereafter an annualpublication of the test results. Said publi-cation shall contain the test results of allpublic water supply utilities and othercommunity water systems in Miami-DadeCounty including comments regarding thetest results by the utilities and commu-nity water systems.

(h) The following chemical substances shallnot be present in a water supply in excessof the listed concentrations:

Substance Concentration in mg/l

Arsenic (As) 0.01Chloride (Cl) 250Copper (Cu) 1.0Cyanide (Cn) 0.01Iron (Fe) 0.3Manganese (Mn) 0.05Methylene Blue ActiveSubstances (MBAS)

0.5

Nitrate Nitrogen(NO3—N)

10

Phenols 0.001Sulphate (SO4) 250Total dissolved solids 500Zinc (Zn) 5

(i) The presence of the following substancesin excess of the concentrations listed shallconstitute grounds for rejection of rawwater supply:

Substance Concentration in mg/l

Arsenic (As) 0.05Barium (Ba) 1.0Cadmium (Cd) 0.01Chromium (hexavalent)(CR VI)

0.05

Cyanide (Cn) 0.2Lead (Pb) 0.05Selenium (Se) 0.01Silver (Ag) 0.05Mercury (Hg) 0.002Nitrate (as N) 45

(j) Analytical methods. Analytical methodsto determine compliance with the require-ments of these standards shall be thosespecified in Standard Methods for theExamination of Water and Waste Water,sixteenth edition.

(k) All public water supply systems shall em-ploy an approved method of disinfectionacceptable to the Director or the Director'sdesignee. Such disinfection shall be accom-plished continuously in such a manner asto assure the continued feeding of thedisinfection agent.

(i) Those systems utilizing gas chlorineshall provide duplex systems thatwill assure the continued applica-tion of chlorine to the water even ascontainers are expended and re-placed;

(ii) Those systems utilizing chlorine shallmaintain a minimum three-tenths(0.3) milligrams per liter as free chlo-rine throughout its distribution sys-tem. In no case shall a chlorine re-sidual in excess of two (2.0) milligramsper liter be maintained in the distri-bution system;

(iii) Utilization of other methods of dis-infection acceptable to the Directoror the Director's designee shall haveestablished limits set by the Direc-tor;

(iv) The minimum amount of chlorine tobe stored at the water treatmentfacility or immediately accessible tothe facility shall be a thirty-day sup-


3344Supp. No. 58

ply. In lieu of this requirement theutility may provide to the Director orthe Director's designee copies of longterm contracts indicating availablequantity together with transporta-tion contracts;

(v) All public water supply systems shallprovide to the Director or theDirector's designee breakpoint chlo-rination curves for:

1. All individual wells which areused as a supply of raw water;

2. Composite breakpoint curves forthe raw water supply used foraverage and maximum day de-mand.

(l) Every public water supply shall install asuitable measuring device at each sourceof supply and at the point that water ispumped to the distribution system in or-der that a record may be maintained ofthe water produced and treated. The quan-tities indicated by these measuring de-vices shall be tabulated daily and re-corded.

(m) When the annual average of the maxi-mum daily air temperatures for the loca-tion in which the public water system issituated is the following, the correspond-ing concentration of fluoride shall not beexceeded:

Temperature (in

degrees F) (Degrees C) Level (mg/l)

50.0—53.7 10.0—12.0 1.853.8—58.3 12.1—14.6 1.758.4—63.8 14.7—17.6 1.563.9—70.6 17.7—21.4 1.470.7—79.2 21.5—26.2 1.279.3—90.5 26.3—32.5 1.1

(n) Public water supply systems cleaning anddisinfection. No person, Board, or munic-ipality charged with the management orcontrol of a public water supply shall putinto service any new plant, pumping sta-tion, main, standpipe, reservoir, tank, orother pipe or structure through whichwater is delivered to consumers for pota-

ble or household purposes, nor resume theuse of any such structure, facilities, ormain after it has been cleaned, until suchstructure, facilities or main has been ef-fectively sterilized or disinfected. Pro-vided, that this may not necessarily applyto mains, reservoirs, tanks, or other struc-tures, the waters from which are subse-quently treated or purified.

(o) Adequate pressure shall be maintained inthe mains to deliver the water for whichthey were designed, whether it be for fire,industrial, or domestic use. In no event,however, shall the pressure at the point ofdelivery to any customer fall below twenty(20) pounds per square inch, nor shall thestatic pressure exceed one hundred (100)pounds per square inch.

(p) By-passing unlawful. Where a potable wa-ter treatment facility has been provided,it shall be unlawful to by-pass the facilityor any part thereof. In the event of anemergency, the supplier may temporarilyutilize a by-pass. However, it shall beunlawful to fail to immediately notify theDirector or the Director's designee of suchan emergency. Such notification shall notbe a defense to any civil liability underthis chapter.

(q) When an approved public water main ismade available and operative in a publicright-of-way or easement abutting the prop-erty, any existing individual potable wa-ter supply system, device, or equipmentshall, within ninety (90) days, be aban-doned and the source of potable water forthe residence or building shall be from theapproved public water supply main.

(r) Public water supply systems; cross-con-nections and use of dual supplies.

(i) Certain cross-connections prohib-ited. No officers, Board, corporation,municipality or other persons hav-ing the management of a public wa-ter supply shall permit any physicalconnection between the distributionsystem of such supply and that ofany other water supply unless such


3345Supp. No. 58

other supply is regularly examinedas to its quality by those in charge ofthe public supply to which the con-nection is made and is also found tobe safe and potable. This provisionshall apply to all water distributionsystems either inside or outside ofany building or buildings.

(ii) Permissible arrangement where dualsupplies are used. If a potable watersupply is used as an auxiliary supplydelivered to an elevated tank, or to asuction tank, which tank is also sup-plied with water from a source withwhich cross-connections are not per-mitted by Section 24-43.3(2)(r)(i), suchtank shall be opened to atmosphericpressure and the potable water sup-ply shall be discharged at an eleva-tion above the high water line of thetank.

(s) Facilities in actual use and operation as ofthe date of the enactment of this sectionwhich exceed the criteria set forth in anyof the provisions of Section 24-43.3 hereof,certified by a competent state or countyagency as a present or potential healthhazard, shall be designated by the Direc-tor as priority public water supply areas.Upon such designation the Miami-DadeCounty Water and Sewer Department andthe County Manager shall initiate proceed-ings for the creation of a special taxingdistrict for public water system for theelimination of the potable water wellstherein or take such other commensuratesteps as to assure the elimination of thepotable water wells therein, on a timelybasis.

(t) All treatment facilities shall be designedto have a treatment capacity equal tomaximum day demand.

(u) Any cross-connections in the treatmentfacility or distribution system are to beeliminated upon direction of the Director,Environmental Resources Management.In the event such a cross-connection ismaintained by a user after an order to

disconnect is given by the Director or theDirector's designee, the Director or theDirector's designee may order the discon-tinuance of service by the utility to theuser until the cross-connection is elimi-nated.

(v) No water supply well shall be constructedor used until a written approval from theDirector or the Director's designee hasbeen received by the owner and/or drillerof the well:

(i) The Director or the Director's desig-nee shall be notified by the welldriller at least twenty-four (24) hoursprior to initiating construction of apermitted well;

(ii) In wells where the casing is driven itshall be known as drive pipe, andshall be equipped with couplings al-lowing for butt joints between lengthsof casing. For wells in which thecasing is not driven "merchant cas-ing," standard pipes or pipe espe-cially constructed for gravel wall wellswill be acceptable;

(iii) Where telescoped casing is utilized,an approved watertight seal shall bemade where increases or reductionsoccur in casing size. The initial stageof the telescope casing shall extend aminimum of thirty (30) feet into thegroundwater table;

(iv) When water is to be obtained fromlimestone strata, the casing shallextend sufficiently far into unbrokenlimestone to be seated firmly in itbut in no case shall it be less thanthirty (30) feet into the aquifer;

(v) Wells drilled by the rotary methodshall have an annular space sealedby the use of a neat cement grout atthe bottom of the hole and to thesurface by neat cement or other ap-proved material;

(vi) Once the construction of the well iscompleted it shall be protected at all


3346Supp. No. 58

times to prevent entrance of contam-inating material until such time asthe pump may be placed;

(vii) The top of the casing shall be soconstructed as to exclude any influ-ent but shall not extend less thanone (1) foot above the surface of theground;

(viii) A concrete pad shall be constructedaround the well a minimum of twelve(12) inches thick, two (2) feet hori-zontal from the casing;

(ix) Pump houses or pump pits shall beconstructed so as to provide for pos-itive drainage. Where such is notpossible, sump pumps or an alterna-tive acceptable to the Director or theDirector's designee shall be pro-vided. Such systems shall be in-stalled as duplex systems;

(x) Where provided, well vents shall beadequately protected;

(xi) In those situations where suctionlines from a well casing are indi-cated, the suction pipe shall be soconstructed to prohibit inundation.Minimum requirement shall betwelve (12) inches of clearance be-tween the invert and ground sur-face;

(xii) A sampling tap shall be provided onthe discharge of the well pump pip-ing or in such a location as to assurea true raw water sample;

(xiii) The use of dynamite for the construc-tion of wells shall be prohibited;

(xiv) Dug wells, infiltration galleries andother sources of water supply requir-ing rearrangement of natural fea-tures are hereby prohibited as asource of public water supply;

(xv) The use of surface water as a rawwater source is prohibited;

(xvi) All wells shall be located on terrainnot subject to ponding or flooding.Furthermore, the slope of the groundsurface in the vicinity of the well(s)

shall be away from the well. In levelareas, well compacted earth shall beplaced around the well so as to ele-vate the platform, pad or apron;

(xvii) As far as is practical, wells shall belocated on the upstream side of pos-sible sources of pollution;

(xviii) The minimum separation betweena well or wells and possible sourcesof contamination shall be a functionof the drawdown and radius of influ-ence of the well or wells. It shall bethe responsibility of the design engi-neer to present data showing theradius of influence and drawdowntogether with a sanitary survey ofthe area influenced by the well. Sucha survey shall extend one-half (1/2)mile beyond the radius of influenceof the well field. In the cases involv-ing multiple wells the interferenceamong wells shall be determined. Itshall be the design engineer's respon-sibility to show that the top thirty(30) feet of the aquifer is not tappedby the well(s). In no case shall thewell be located less than one hun-dred (100) horizontal feet from anysource of contamination. However,the Director or the Director's desig-nee shall have the power to requireadditional spacing when conditionsjustify;

(xix) All wells shall be accessible for suchattention as necessary;

(xx) All wells shall be equipped with anopening suitable for introduction ofa disinfecting agent and measure-ment of drawdown and static waterlevel;

(xxi) When using chlorine as a disinfect-ing agent, a quantity, at least equalto the volume of the casing, of astrength of fifty (50) milligrams perliter shall be injected into the well.The solution shall be permitted tostand a minimum of twenty-four (24)


3347Supp. No. 58

hours and then pumped out for asufficient length of time to removethe disinfecting agent;

(xxii) Once the well has been evacuatedin accordance with subsection (21), aseries of twenty (20) or more dailysamples, twenty (20) series, shall becollected and submitted to the Divi-sion of Health laboratory, the wellbeing pumped for a minimum of thirty(30) minutes each day at its pro-posed capacity just prior to collect-ing the samples. At the discretion ofthe Director or the Director's desig-nee the samples may be reduced toduplicate daily samples for a mini-mum of ten (10) days. Such sampleswill necessitate pumping for a mini-mum of thirty (30) minutes as indi-cated above;

(xxiii) Interpretation of the laboratory re-sults in the well survey will be madein accordance with applicable partsof the water supply standards;

(xxiv) Once the series of twenty (20) ormore consecutive satisfactory sam-ples have been collected a completeanalysis shall be performed of theraw water for both physical and chem-ical characteristics of the completeanalysis shall be furnished to theDirector or the Director's designee.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

DIVISION 3. CONTAMINATED SITECLEANUPS

Sec. 24-44. Clean-up Target Levels (CTLs)

and Procedures for Site Rehabil-

itation Actions (SRAs).

(1) STATE PROGRAM CONTAMINANTCLEAN-UP TARGET LEVELS (CTLs) AND PRO-CEDURES.

(a) For contaminants subject to Chapter 62-770, F.A.C., the CTLs and SRA proce-

dures set forth in Chapter 62-777 and62-770, Florida Administrative Code(F.A.C.) shall apply.

(b) For sites which have entered into aBrownfields Site Rehabilitation Agree-ment with the Department or the FloridaDepartment of Environmental Protectionpursuant to Chapter 62-785, F.A.C., theCTLs and SRA procedures set forth inChapter 62-777 and 62-785, F.A.C. shallapply.

(c) For contaminants subject to Chapter 62-782, F.A.C., the CTLs and SRA proce-dures set forth in Chapter 62-777 and62-782, F.A.C. shall apply.

(d) For lands owned by the state universitysystem, the risk-based clean-up criteriaas described in 376.3071, 376.3078, and376.81, Florida Statutes, shall apply.

(2) CLEAN-UP TARGET LEVELS (CTLs) ANDPROCEDURES FOR SITES OR CONTAMINANTSOTHER THAN THOSE IDENTIFIED IN SEC-TION 24-44(1).

(a) Intent. To protect human health, publicsafety and environmental resources usingrisk-based corrective action strategies andto establish the point at which a siterehabilitation action is determined to beaccomplished.

(b) The acceptable level of protection for theestablishment of human health based CTLsshall be a lifetime excess cancer risk levelof one in one million (1.0E-06) and ahazard quotient of one (1) or less. Inaddition, the CTLs shall be established toprotect aquatic life and to prevent nui-sance conditions as applicable.

(c) Applicability. The CTLs set forth in thissection are not effluent standards and arenot for the purpose of disposal or reuse.

The CTLs and SRA procedures set forthin this section shall not apply to thosecontaminants that are subject to the Com-prehensive Environmental Response, Com-pensation, and Liability Act of 1980 asamended by the Superfund Amendmentsand Reauthorization Act of 1986, the Re-


3348Supp. No. 58

source Conservation and Recovery Act,the federal Hazardous and Solid WasteAmendments of 1984, or the Toxic Sub-stance Control Act of 1976.

In addition, the soil CTLs set forth inSection 24-44(2)(f)(v)2. shall not apply tocontaminants in soil that are present as aresult of the application of registered pes-ticides that were applied in accordancewith state and federal law and the EPAapproved applicable registered labels. Inmaking a determination of the applicabil-ity of CTLs pursuant to this provision, theparty or parties responsible for SRAs shallprovide records substantiating such pes-ticide applications to the Department uponrequest. Notwithstanding the foregoingprovisions of Section 24-44(2)(b), if ground-water contains contaminants above thegroundwater CTLs set forth in Section24-44(2)(f)(v)1. as a result of the pesticideapplication, then the CTLs and SRA pro-cedures set forth in Section 24-44(2) shallapply.

(d) Party or parties responsible for site reha-bilitation actions shall be the dischargeror, if the discharger is unknown or thecontamination was the result of a previ-ously unreported discharge, the propertyowner or operator who is subject to theprovisions of Section 24-44(2).

(e) Retroactivity. The CTLs and the SRA pro-cedures set forth herein shall not apply tothose contaminants for which, on or be-fore the effective date of this ordinance, ano further action plan, a source removalplan, a remedial action plan or a monitor-ing only plan has been approved in writ-ing by the Director, or the Director's des-ignee, unless the party or partiesresponsible for SRAs have failed to com-ply with the conditions of the plan ap-proval. However, the party or parties re-sponsible for SRAs may elect to completesite rehabilitation as provided in Section24-44(2).

(f) The Clean-up Target Levels are as fol-lows:

(i) The groundwater and surface waterCTLs are set forth in Section 24-

44(2)(f)(v)1. The groundwater CTLsare equivalent to the numerical stan-dards set forth in Section 24-43.3(2)(h)of this chapter. For contaminantsnot listed in Section 24-43.3(2)(h),the groundwater CTLs are equiva-lent to the numerical standards setforth in Chapter 62-550, F.A.C., Ta-ble 1, Table 2, Table 3, Table 4, Table5 and Table 6, as same may beamended from time to time.

For contaminants not listed in Sec-tion 24-43.3(2)(h) or Chapter 62-550,F.A.C., Table 1, Table 2, Table 3,Table 4, Table 5 and Table 6, as samemay be amended from time to time,groundwater CTLs are based uponthe protection of human health andthe prevention of nuisance condi-tions as set forth in Section 24-44(2)(b). The groundwater CTLs havebeen established using the proce-dures, equations and input parame-ters set forth in the DERM TechnicalReport: "Development of Clean-upTarget Levels (CTLs) for Chapter 24of the Code of Miami-Dade County,Florida" (dated September, 2005).

The surface water CTLs are equiva-lent to the water quality standardsset forth in Section 24-42(4) of thischapter.

For contaminants not listed in Sec-tion 24-42(4), the surface water CTLsare based upon the protection of hu-man health and aquatic life and theprevention of nuisance conditions asset forth in Section 24-44(2)(b). Thesurface water CTLs have been estab-lished using the procedures, equa-tions and input parameters set forthin the DERM Technical Report: "De-velopment of Clean-up Target Levels(CTLs) for Chapter 24 of the Code ofMiami-Dade County, Florida" (datedSeptember, 2005) and, as applicable,the numerical standards set forth inChapter 62-302, F.A.C, as same maybe amended from time to time.


3349Supp. No. 58

Notwithstanding the foregoing pro-visions of Section 24-44(2)(f)(i), nogroundwater or surface water CTLsshall be more stringent than thepractical quantitation limits or nat-urally occurring background concen-trations determined in a natural back-ground concentration study whichhas been approved by the Director orthe Director's designee.

(ii) The soil CTLs are set forth in Sec-tion 24-44(2)(f)(v)2.. The soil CTLsare based upon the protection of hu-man health as set forth in Section24-44(2)(b) and groundwater and sur-face water CTLs set forth in Section24-44(2)(f)(v)1.. The soil CTLs havebeen established using the proce-dures, equations and input parame-ters set forth in the DERM TechnicalReport: "Development of Clean-upTarget Levels (CTLs) for Chapter 24of the Code of Miami-Dade County,Florida" (dated September, 2005).

However, the applicable leachability-based soil CTLs may be exceeded ifit is demonstrated to the satisfactionof the Director, or the Director's des-ignee, that:

1. Leachate concentrations do notexceed the applicable ground-water or surface water CTLsset forth in Section 24-44(2)(f)(v)1., using a laboratoryleaching procedure which sim-ulates soil leachability andwhich has been approved bythe Director or the Director'sdesignee; or

2. For soil that is and has beenexposed to the elements (i.e.,open ground, not covered byimpermeable or semi-perme-able cover) and subject to infil-tration throughout the entireunsaturated zone for a mini-mum of two years, it has beensubsequently demonstrated tothe satisfaction of the Director,

or the Director's designee, by aminimum of one year of ground-water monitoring data, that con-taminants will not leach intothe groundwater at concentra-tions that exceed the applicablegroundwater or surface waterCTLs set forth in Section 24-44(2)(f)(v)1.. This demonstra-tion shall consider site-specificcharacteristics such as the thick-ness of the unsaturated zone,depth and mass of soil contam-inants, soil lithology, actual pre-cipitation, concentration gradi-ents, and the chemical andphysical characteristics of thecontaminants.

Notwithstanding the foregoing pro-visions of Section 24-44(2)(f)(ii), nosoil CTLs shall be more stringentthan the practical quantitation lim-its or naturally occurring backgroundconcentrations determined in a nat-ural background concentration studywhich has been approved by the Di-rector or the Director's designee.

(iii) The Director, or the Director's desig-nee, may approve alternative CTLsprovided that: human health, publicsafety, and the environment are af-forded equivalent protection to thatprovided in Section 24-44 (2)(f)(i) andSection 24-44(2)(f)(ii); and same arebased upon one (1) of the following,or a combination of the following:

1. The application of the proce-dures set forth in Section 24-44(2)(k)(ii) or Section 24-44(2)(1)(ii).

2. A demonstration, provided in afeasibility study approved bythe Director, or the Director'sdesignee, that achieving theCTLs is not feasible utilizingthe best available technologies.

3. Calculations of site-specific soilCTLs using appropriate site-specific soil properties and equa-


3350Supp. No. 58

tions provided in the DERMTechnical Report: "Developmentof Clean-up Target Levels(CTLs) for Chapter 24 of theCode of Miami-Dade County,Florida" (dated September,2005), and approved by the Di-rector or the Director's desig-nee.

4. Calculations of site-specific soilCTLs for total recoverable pe-troleum hydrocarbons (TRPH)based upon the site-specific com-position of TRPH, as deter-mined by an analytical methodapproved by the Director or theDirector's designee. Calcula-tions utilized to comply withthis provision shall be in accor-dance with the DERM Techni-cal Report: "Development ofClean-up Target Levels (CTLs)

for Chapter 24 of the Code ofMiami-Dade County, Florida"(dated September, 2005).

(iv) The Director, or the Director's desig-nee, shall maintain the DERM Tech-nical Report: "Development ofClean-up Target Levels for Chapter24 of the Code of Miami-Dade County,Florida" (dated September, 2005)which contains the risk equations,leachability equations and defaultinput parameters used to calculatethe CTLs set forth in Section 24-44(2)(f)(v) herein. The aforesaid Tech-nical Report dated September, 2005,a copy of which is attached hereto, ishereby incorporated by reference, assame may be amended from time totime. Any changes, additions or de-letions to the aforesaid Technical Re-port shall be approved by the Boardof County Commissioners byordinance.

(v) Clean-up Target Levels (CTLs).

1. Groundwater and Surface Water CTLs.

Table 1 Groundwater and Surface Water Clean-up Target levels

Contaminants CAS# Groundwater CriteriaFreshwater Surface WaterCriteria

Marine Surface Water Cri-teria

Non-Cancer Target Or-gans/Systems or Effects#

Acenaphthene 83-32-9 20 3 3 -Liver

Acenaphthylene 208-96-8 210 * * -Liver

Acephate 30560-19-1 4 190 190 Cancer - Neurological

Acetone 67-64-1 6300 1700 1700 -Kidney -Liver -Neurolog-ical

Acetonitrile 75-05-8 42 20000 20000 -Mortality

Acetophenone 98-86-2 700 7800 7800 -None Specified

Acifluorfen, sodium [or Blazer] 62476-59-9 1 190 190 -Kidney

Acrolein 107-02-8 3.5 0.4 0.4 -Nasal

Acrylamide 79-06-1 0.008 0.3 0.3 Cancer - Neurological

Acrylic acid 79-10-7 3500 NA NA -Developmental

Acrylonitrile 107-13-1 0.06 0.2 0.2 Cancer -Nasal -Reproduc-tive

Alachlor 15972-60-8 2 0.5 0.5 Cancer -Blood

Aldicarb [or Temik] 116-06-3 7 0.9 0.9 -Neurological

Aldicarb sulfone 1646-88-4 7 46 46 -Neurological

Aldicarb sulfoxide 1646-87-3 7 4.2 4.2 -Neurological

Aldrin 309-00-2 0.002 0.00014 0.00014 Cancer -Liver

Ally [or Metsulfuron, methyl] 74223-64-6 1800 NA NA -Body Weight

Allyl alcohol 107-18-6 35 5 5 -Kidney -Liver

Allyl chloride 107-05-1 35** NA NA -Neurological

Aluminum 7429-90-5 200 13 1500 -Body Weight

Aluminum phosphide 20859-73-8 2.8 6.5 6.5 -Body Weight

Ametryn 834-12-8 63 6.2 6.2 -Liver

Ammonia 7664-41-7 NA 20 NA -Body Weight

Ammonia (as Total) 2800 500 500 -Respiratory


3351Supp. No. 58




Ammonium sulfamate 7773-06-0 1400 10000 10000 -Body Weight

Anilazine [or Dyrene] 101-05-3 2.8 NA NA -None Specified

Aniline 62-53-3 6.1 4 4 Cancer - Blood -Spleen

Anthracene 120-12-7 2100 0.3 0.3 -None Specified

Antimony 7440-36-0 6 4300 4300 -Blood

Aramite 140-57-8 1.4 3 3 -Cancer

Aroclor mixture [see PCBs]

Arsenic NOCAS 10 50 50 -Cancer -Cardiovascular-Skin

Atrazine 1912-24-9 3 1.9 1.9 -Cancer -Cardiovascular

Azinphos, methyl [see Guthion]

Azobenzene 103-33-3 0.3 3.6 3.6 -Cancer

Barium (soluble salts) 7440-39-3 2000 NA NA -Cardiovascular

Baygon [or Propoxur] 114-26-1 28 0.4 0.4 -Blood -Neurological

Bayleton 43121-43-3 210 500 500 -Blood

Benomyl 17804-35-2 35** 0.3 0.3 -Developmental

Bensulide 741-58-2 46 NA NA -None Specified

Bentazon 25057-89-0 210 NA NA -Blood

Benzaldehyde 100-52-7 700 54 54 -Gastrointestinal -Kidney

Benzene 71-43-2 1 71.28 71.28 -Cancer -Blood

Benzenethiol 108-98-5 0.07 NA NA -Liver

Benzidine 92-87-5 0.0002 0.0002 0.0002 -Cancer -Liver -Neurolog-ical

Benzo(a)anthracene 56-55-3 0.05 * * -Cancer

Benzo(a)pyrene 50-32-8 0.2 * * -Cancer

Benzo(b)fluoranthene 205-99-2 0.05 * * -Cancer

Benzo(g,h,i)perylene 191-24-2 210 * * -Neurological

Benzo(k)fluoranthene 207-08-9 0.5 * * -Cancer

Benzoic acid 65-85-0 28000 9000 9000 -None Specified

Benzotrichloride 98-07-7 0.003 0.002 0.002 -Cancer

Benzyl alcohol 100-51-6 2100 500 500 -Gastrointestinal

Benzyl chloride 100-44-7 0.2 2 2 -Cancer

Beryllium 7440-41-7 4 0.13 0.13 -Cancer -Gastrointestinal-Respiratory

Beta radiation NOCAS 4 NA NA -Cancer

BHC, alpha- [seeHexachlorocyclohexane, alpha-] (b)

BHC, beta- [seeHexachlorocyclohexane, beta-] (b)

BHC, delta- [seeHexachlorocyclohexane, delta-]

BHC, gamma- [seeHexachlorocyclohexane, gamma-](b)

BHC, gamma- [seeHexachlorocyclohexane, Technical](b)

Bidrin [or Dicrotophos] 141-66-2 0.7 22 22 -Developmental

Bioallethrin 28057-48-9 35 NA NA -Liver

Biphenyl, 1,1- [or Diphenyl] 92-52-4 0.5 18 18 -Kidney

Bis(2-chloro-1-metylethyl)ether [seeBis(2-chloroisopropyl)ether]

Bis(2-chloroethyl)ether 111-44-4 0.03 0.5 0.5 -Cancer

Bis(2-chloroisopropyl)ether [orBis(2-chloro-1-metylethyl)ether]

39638-32-9 0.5 23 23 -Cancer -Blood

Bis(2-ethylhexyl)adipate 103-23-1 400 33 33 -Cancer -Body Weight

Bis(2-ethylhexyl)phthalate [orDEHP]

117-81-7 6 2.2 2.2 -Cancer -Liver

Bisphenol A 80-05-7 350 55 55 -Body Weight

Blazer [see Acifluorfen, sodium]

Boron 7440-42-8 1400 NA NA -Reproductive -Respiratory

Bravo [see Chlorothalonil]

Bromacil 314-40-9 70** 97 97 -Body Weight

Bromate 15541-45-4 10 NA 100000 -Cancer -Kidney

Bromochloromethane 74-97-5 91 NA NA -None Specified

Bromodichloromethane 75-27-4 0.6 22 22 -Cancer -Kidney

Bromoform 75-25-2 4.4 360 360 -Cancer -Liver


3352Supp. No. 58




Bromomethane [or Methyl bro-mide]

74-83-9 9.8 35 35 -Gastrointestinal -Respi-ratory

Bromoxynil 1689-84-5 140 NA NA -None Specified

Bromoxynil octanoate 1689-99-2 140 NA NA -Neurological

Butane 106-97-8 9100 NA NA -Neurological -Respiratory

Butanol, n- 71-36-3 700 25000 25000 -Neurological

Butanol, tert- [see Butyl alcohol,tert-]

Butanone, 2- [see Methyl ethyl ke-tone]

Butyl acetate, n- 123-86-4 43 1000 1000 -None Specified

Butyl alcohol, tert- [or Butanol,tert-]

75-65-0 1400 NA NA -Kidney -Neurological

Butyl benzyl phthalate 85-68-7 140** 26 26 -Liver

Butylate 2008-41-5 350 11 11 -Liver

Butylbenzene, n- 104-51-8 280 NA NA -Kidney -Liver -Neurolog-ical

Butylbenzene, sec 135-98-8 280 240 240 -Kidney -Neurological

Butylbenzene, tert 98-06-6 280 NA NA -Kidney -Neurological

Butylphthalyl butylglycolate 85-70-1 7000 NA NA -None Specified

Cadmium 7440-43-9 5 e(0.7852[InH]-3.49) 9.3 -Cancer -Kidney

Calcium cyanide 592-01-8 280 NA NA -Neurological -Thyroid

Captafol 2425-06-1 4.1 0.9 0.9 -Cancer -Kidney

Captan 133-06-2 10 1.9 1.9 -Cancer -Body Weight

Carbaryl [or Sevin] 63-25-2 700 0.06 0.06 -Kidney -Liver

Carbazole 86-74-8 1.8 47 47 -Cancer

Carbofuran 1563-66-2 40 0.1 0.1 -Neurological -Reproduc-tive

Carbon disulfide 75-15-0 700 110 110 -Developmental -Neurolog-ical

Carbon tetrachloride 56-23-5 3 4.42 4.42 -Cancer -Liver

Carbophenothion [or Trithion] 786-19-6 0.9 0.1 0.1 -Neurological

Carboxin 5234-68-4 700 60 60 -Body Weight

CFC 113 [see Trichloro-1,2,2-trifluoroethane, 1,1,2-]

NA NA -Adrenals

Chloral hydrate 302-17-0 70** NA NA -Gastrointestinal -Neuro-logical

Chloramben 133-90-4 110 NA NA -Liver

Chlordane (total) (i) 2 0.00059 0.00059 -Cancer -Liver

Chloride 16887-00-6 250000 500000 e -None Specified

Chlorine 7782-50-5 4000 10 10 -Respiratory

Chlorine cyanide [or Cyanogen chlo-ride]

506-77-4 350 1.4 1.4 -Neurological -Thyroid

Chlorite (sodium salt) [or Sodiumchlorite]

7758-19-2 1000 29 29 -Developmental -Neurolog-ical

Chloro-1,3-butadiene [orChloroprene]

126-99-8 140 NA NA -Hair Loss -Nasal

Chloro-3-methylphenol, 4- [seeChloro-m-cresol, p-]

Chloroacetic acid 79-11-8 14 2500 2500 -Cardiovascular

Chloroaniline, p- 106-47-8 28 2.5 2.5 -Spleen

Chlorobenzene 108-90-7 100 17 17 -Liver

Chlorobenzilate 510-15-6 0.1 0.02 0.02 -Cancer -Body Weight

Chloroethane [see Ethyl chloride]

Chloroform 67-66-3 70 470.8 470.8 -Cancer -Liver

Chloro-m-cresol, p- [or Chloro-3-methylphenol, 4-]

59-50-7 63 100 100 -Body Weight

Chloromethane [see Methyl chlo-ride]

Chloronaphthalene, beta- 91-58-7 560 1600 1600 -Liver -Respiratory

Chloronitrobenzene, p- 100-00-5 1.9 110 110 -Cancer

Chlorophenol, 2- 95-57-8 35 130 130 -Reproductive

Chlorophenol, 3- 108-43-0 0.1 170 170 -Reproductive

Chlorophenol, 4- 106-48-9 0.1 180 180 -Reproductive

Chloropicrin 76-06-2 7.3 NA NA -None Specified

Chloroprene [see Chloro-1,3-butadiene]

Chlorothalonil [or Bravo] 1897-45-6 3.2 0.8 0.8 -Cancer -Kidney


3353Supp. No. 58




Chlorotoluene, o- 95-49-8 140 390 390 -Body Weight

Chlorotoluene, p- 106-43-4 140 NA NA -None Specified

Chlorpropham 101-21-3 1400 190 190 -Bone Marrow -Kidney-Liver -Spleen

Chlorpyrifos 2921-88-2 21 0.002 0.002 -Neurological

Chlorpyrifos, methyl 5598-13-0 70 0.04 0.04 -Reproductive

Chlorsulfuron 64902-72-3 350 16 16 -Body Weight

Chromium (hexavalent) 18540-29-9 NA 11 50 -Cancer -Respiratory

Chromium (total) NOCAS 100 11 50 -Cancer

Chromium (trivalent) 16065-83-1 NA e(0.819[InH]+0.6848) 520 -None Specified

Chrysene 218-01-9 4.8 * * -Cancer

Cobalt 7440-48-4 140 NA NA -Cardiovascular -Immuno-logical -Neurological -Re-productive

Copper 7440-50-8 1000 e(0.8545[InH]-1.702) 2.9 -Gastrointestinal

Copper cyanide 544-92-3 35 -Kidney

Coumaphos 56-72-4 1.8 0.004 0.004 -Neurological

Cresol, m- [see Methylphenol, 3-]

Cresol, o- [see Methylphenol, 2-]

Cresol, p- [see Methylphenol, 4-]

Crotonaldehyde 123-73-9 0.02 NA NA -Cancer

Cumene [or Isopropyl benzene] 98-82-8 0.8 260 260 -Adrenals -Kidney

Cyanazine 21725-46-2 0.04 5.5 5.5 -Cancer

Cyanide, free 57-12-5 140 5.2 1 -Neurological -Thyroid

Cyanogen 460-19-5 280 NA NA -Neurological -Thyroid

Cyanogen chloride [see Chlorinecyanide]

Cycloate 1134-23-2 35 130 130 -Neurological

Cyclohexanone 108-94-1 35000 26000 26000

Cyclohexylamine 108-91-8 1400 4000 4000 -Reproductive

Cyhalothrin [or Karate] 68085-85-8 35 18 18 -Developmental

Cymene, p- (or 4-Isopropyltoluene) 99-87-6 700 NA NA -Gastrointestinal -Neuro-logical -Skin

Cypermethrin 52315-07-8 7** 0.0005 0.0005 -Gastrointestinal

Dacthal [or DCPA] 1861-32-1 70 310 310 -Eye -Kidney -Liver -Res-piratory -Thyroid

Dalapon 75-99-0 200 5000 5000 -Kidney

DB, 2,4- [seeDichlorophenoxybutyric acid, 2,4-]

DBCP, 1,2- [see Dibromo-3-chloropropane, 1,2-]

DDD, 4,4'- [see Dichlorodiphenyldichloroethane, p,p']

DDE, 4,4'- [see Dichlorodiphenyldichloroethylene, p,p'-]

DDT, 4,4'- [see Dichlorodiphenyltrichloroethane, p,p'-]

Decabromodiphenyl ether 1163-19-5 7** NA NA -None Specified

DEET 134-62-3 6300 NA NA -Body Weight

DEHP [see Bis(2-ethylhexyl)phthalate]

Demeton 8065-48-3 0.3 0.1 0.1 -Eye -Neurological

Diallate 2303-16-4 0.6 NA NA -Cancer -None Specified

Diazinon 333-41-5 6.3 0.002 0.002 -Neurological

Dibenz(a,h)anthracene 53-70-3 0.005 * * -Cancer

Dibenzofuran 132-64-9 28 67 67 -None Specified

Dibromo-3-chloropropane, 1,2- [orDBCP, 1,2-]

96-12-8 0.2 NA NA -Cancer -Reproductive

Dibromobenzene, 1,4- 106-37-6 70 240 240 -Liver

Dibromochloromethane 124-48-1 0.4 34 34 -Cancer -Liver

Dibromoethane, 1,2- [or EDB] 106-93-4 0.02 13 13 -Cancer -Reproductive

Dibutyl phthalate 84-74-2 700 23 23 -Mortality

Dicamba 1918-00-9 210 200 200 -Developmental

Dichloroacetic acid 79-43-6 0.7 1200 1200 -Cancer -Liver -Neurolog-ical -Reproductive

Dichloroacetonitrile 3018-12-0 5.6** NA NA -None Specified

Dichlorobenzene, 1,2- 95-50-1 600 99 99 -Body Weight


3354Supp. No. 58




Dichlorobenzene, 1,3- 541-73-1 210 85 85 -None Specified

Dichlorobenzene, 1,4- 106-46-7 75 3 3 -Cancer -Liver

Dichlorobenzidine, 3,3'- 91-94-1 0.08 0.03 0.03 -Cancer

Dichlorobenzophenone, 4,4'- 90-98-2 210 1600 1600 -None Specified

Dichlorodifluoromethane 75-71-8 1400 NA NA -Liver

Dichlorodiphenyldichloroethane,p,p'- [or DDD, 4,4'-]

72-54-8 0.1 0.0003 0.0003 -Cancer

Dichlorodiphenyldichloroethylene,p,p'- [or DDE, 4,4'-]

72-55-9 0.1 0.0002 0.0002 -Cancer

Dichlorodiphenyltrichloroethane,p,p'- [or DDT, 4,4'-]

50-29-3 0.1 0.00059 0.00059 -Cancer -Liver

Dichloroethane, 1,1- 75-34-3 70** NA NA -Kidney

Dichloroethane, 1,2- [or EDC] 107-06-2 3 37 37 -Cancer -None Specified

Dichloroethene, 1,1- 75-35-4 7** 3.2 3.2 -Liver

Dichloroethene, 1,2- (mixture) 540-59-0 NA 7000 7000 -Blood -Liver

Dichloroethene, cis-1,2- 156-59-2 70 NA NA -Blood

Dichloroethene, trans-1,2- 156-60-5 100 11000 11000 -Blood -Liver

Dichlorophenol, 2,3- 576-24-9 0.04 56 56 -Immunological





Dichlorophenoxy acetic acid, 2,4- 94-75-7 70 80 80 -Blood -Kidney -Liver

Dichlorophenoxy butyric acid, 2,4-[or DB, 2,4-]

94-82-6 56 NA NA -Blood -Cardiovascular

Dichloropropane, 1,2- 78-87-5 5 14 14 -Cancer -Nasal

Dichloropropene, 1,3- 542-75-6 0.4 12 12 -Cancer -Gastrointestinal-Nasal

Dichlorprop 120-36-5 35 42 42 -None Specified

Dichlorvos 62-73-7 0.1 0.005 0.005 -Cancer -Neurological

Dicofol [or Kelthane] 115-32-2 0.08 0.006 0.006 -Cancer -Adrenals

Dicrotophos [see Bidrin]

Dieldrin 60-57-1 0.002 0.00014 0.00014 -Cancer -Liver

Diethyl phthalate 84-66-2 5600 380 380 -Body Weight

Diethylene glycol, monoethyl ether 111-90-0 14000 170000 170000 -Kidney

Diethylstilbestrol 56-53-1 0.000007 -Cancer

Diisopropyl methylphosphonate 1445-75-6 560 13000 13000 -None Specified

Dimethoate 60-51-5 1.4 0.1 0.1 -Neurological

Dimethoxybenzidine, 3,3'- 119-90-4 2.5 NA NA -Cancer

Dimethrin 70-38-2 2100 1.1 1.1 -Liver

Dimethylaniline, 2,4- 95-68-1 0.05 1700 1700 -Cancer -Blood -Spleen

Dimethylaniline, N,N- 121-69-7 14 1700 1700 -Spleen

Dimethylbenzidine, 3,3'- 119-93-7 0.004 NA NA -Cancer

Dimethylformamide, N,N- 68-12-2 700 50000 50000 -Gastrointestinal -Liver

Dimethylphenol, 2,4- 105-67-9 140 160 160 -Blood -Neurological

Dimethylphenol, 2,6- 576-26-1 4.2 560 560 -Kidney -Liver -Spleen

Dimethylphenol, 3,4- 95-65-8 7 380 380 -Kidney -Liver -Spleen

Dimethylphthalate 131-11-3 70000 1400 1400 -Kidney

Dinitrobenzene, 1,2- (o) 528-29-0 2.8 30 30 -Spleen

Dinitrobenzene, 1,3- (m) 99-65-0 0.7 72 72 -Spleen

Dinitrobenzene, 1,4- (p) 100-25-4 2.8 30 30 -Spleen

Dinitro-o-cyclohexylphenol 131-89-5 14 NA NA -Eye

Dinitrophenol, 2,4- 51-28-5 14 3 3 -Eye

Dinitrotoluene, 2,4- 121-14-2 0.05 9.1 9.1 -Cancer -Liver -Neurolog-ical

Dinitrotoluene, 2,6- 606-20-2 0.05 0.7 0.7 -Cancer -Blood -Kidney-Neurological

Di-n-octylphthalate 117-84-0 140 NA NA -Kidney -Liver

Dinoseb 88-85-7 7 5.9 5.9 -Developmental

Dioxane, 1,4- 123-91-1 3.2 120 120 -Cancer

Dioxins, as total 2,3,7,8-TCDDequivalents (c)

1746-01-6 0.00003 0.000000005 0.000000005 -Cancer

Diphenamid 957-51-7 210 1600 1600 -Liver

Diphenyl [see Biphenyl, 1,1-]

Diphenylamine, N,N- 122-39-4 180 NA NA -Kidney -Liver


3355Supp. No. 58




Diphenylhydrazine, 1,2- 122-66-7 0.04 0.2 0.2 -Cancer

Diquat 85-00-7 20 1.5 1.5 -Eye

Disulfoton 298-04-4 0.3 0.3 0.3 -Neurological

Diuron 330-54-1 14 8 8 -Blood

Dyrene [see Anilazine]

EDB [see Dibromoethane, 1,2-]

EDC [see Dichloroethane, 1,2-]

Endosulfan (alpha+beta+sulfate) 115-29-7 42 0.056 0.0087 -Cardiovascular -Kidney

Endothall 145-73-3 100 110 110 -Gastrointestinal

Endrin 72-20-8 2 0.0023 0.0023 -Liver

EPEG [see Ethylphthalylethylglycolate]

Epichlorohydrin 106-89-8 3.5 130 130 -Cancer -Kidney -Nasal

EPN [see Ethyl p-nitrophenylphenylphosphorothioate]

EPTC [see Ethyldipropylthiocarbamate, S-]

Ethanol 64-17-5 10000 NA NA -Developmental

Ethion 563-12-2 3.5 0.007 0.007 -Neurological

Ethoprop 13194-48-4 0.7 0.3 0.3 -Neurological

Ethoxyethanol acetate, 2- 111-15-9 2100 2000 2000 -Developmental

Ethoxyethanol, 2- 110-80-5 2800 NA NA -Reproductive

Ethyl acetate 141-78-6 6300 6300 6300 -Body Weight

Ethyl acrylate 140-88-5 0.4 130 130 -Cancer

Ethyl chloride [or Chloroethane] 75-00-3 12 NA NA -Cancer -Developmental

Ethyl dipropylthiocarbamate, S- [orEPTC]

759-94-4 180 240 240 -Cardiovascular

Ethyl ether 60-29-7 750 130000 130000 -Body Weight

Ethyl methacrylate 97-63-2 630 NA NA -Kidney

Ethyl p-nitrophenylphenylphosphorothioate [or EPN]

2104-64-5 0.07 0.02 0.02 -Neurological

Ethylbenzene 100-41-4 30 610 610 -Developmental -Kidney-Liver

Ethylene diamine 107-15-3 140 800 800 -Blood -Cardiovascular

Ethylene glycol 107-21-1 14000 16000 16000 -Kidney

Ethylene oxide 75-21-8 0.03 4200 4200 -Cancer

Ethylene thiourea [or ETU] 96-45-7 0.3 1300 1300 -Cancer -Thyroid

Ethylphthalyl ethylglycolate [orEPEG]

84-72-0 21000 NA NA -Kidney

Ethyltoluene, o- 622-96-8 210 NA NA -Body Weight -Liver

Ethyltoluene, p- 611-14-3 210 NA NA -Body Weight -Liver

ETU [see Ethylene thiourea]

Famphur 52-85-7 3.5 NA NA -Blood

Fenamiphos 22224-92-6 1.8 0.2 0.2 -Neurological

Fensulfothion 115-90-2 1.8 0.5 0.5 -Neurological

Fenvalerate [see Pydrin]

Fluometuron 2164-17-2 91 190 190 -None Specified

Fluoranthene 206-44-0 280 0.3 0.3 -Blood -Kidney -Liver

Fluorene 86-73-7 280 30 30 -Blood

Fluoride 7782-41-4 2000 10000 5000 -Teeth mottling

Fluoridone 59756-60-4 560 110 110 -Kidney -Reproductive

Fonofos 944-22-9 14 0.1 0.1 -Liver -Neurological

Formaldehyde 50-00-0 600 110 110 -Cancer -Gastrointestinal

Formic acid 64-18-6 14000 4500 4500 -Body Weight

Furan 110-00-9 7 NA NA -Liver

Furfural 98-01-1 21 650 650 -Liver -Nasal

Glycidaldehyde 765-34-4 2.8 NA NA -Adrenals -Blood -Kidney

Glyphosate [or Roundup] 1071-83-6 700 120 120 -Kidney

Gross alpha radiation 14127-62-9 15 15 15 -Cancer

Guthion [or Methyl azinphos] 86-50-0 11 0.01 0.01 -Neurological

Heptachlor 76-44-8 0.4 0.00021 0.00021 -Cancer -Liver

Heptachlor epoxide 1024-57-3 0.2 0.00004 0.00004 -Cancer -Liver

Hexachloro-1,3-butadiene 87-68-3 0.4 49.7 49.7 -Cancer -Kidney

Hexachlorobenzene 118-74-1 1 0.0003 0.0003 -Cancer -Liver


3356Supp. No. 58




Hexachlorocyclohexane, alpha- [orBHC, alpha-]

319-84-6 0.006 0.005 0.005 -Cancer

Hexachlorocyclohexane, beta- [BHC,beta-]

319-85-7 0.02 0.046 0.046 -Cancer

Hexachlorocyclohexane, delta- [orBHC, delta-]

319-86-8 2.1 NA NA -Kidney -Liver

Hexachlorocyclohexane, gamma- [orLindane or BHC, gamma-]

58-89-9 0.2 0.063 0.063 -Cancer -Kidney -Liver

Hexachlorocyclohexane, technical[or BHC, technical]

608-73-1 0.02 0.02 0.02 -Cancer

Hexachlorocyclopentadiene 77-47-4 50 3 3 -Gastrointestinal

Hexachlorodibenzo-p-dioxin (mix-ture)

19408-74-3 0.000006 NA NA -Cancer

Hexachloroethane 67-72-1 2.5 3.3 3.3 -Cancer -Kidney

Hexachlorophene 70-30-4 2.1 1.1 1.1 -Neurological

Hexahydro-1,3,5-trinitro-1,3,5-triazine [or RDX]

121-82-4 0.3 180 180 -Cancer -Reproductive

Hexane, n- 110-54-3 6 3400 3400 -Neurological

Hexanone, 2- [or Methyl butyl ke-tone]

591-78-6 280 NA NA -None Specified

Hexazinone 51235-04-2 230 25000 25000 -Body Weight

HMX [see Octahydro-1,3,5,7-tetranitro-tetrazocine]

Hydrogen cyanide (as Cyanide) 74-90-8 140 3.5 3.5 -Neurological -Thyroid

Hydrogen sulfide 7783-06-4 21 0.1 0.1 -Gastrointestinal -Nasal

Hydroquinone 123-31-9 280 4.5 4.5 -Blood

Indeno(1,2,3-cd)pyrene 193-39-5 0.05 * * -Cancer

Iprodione 36734-19-7 280 150 150 -Blood

Iron 7439-89-6 300 1000 300 -Gastrointestinal

Isobutyl alcohol 78-83-1 2100 47000 47000 -Neurological

Isophorone 78-59-1 37 650 650 -Cancer -None Specified

Isopropyl benzene [see Cumene]

4-Isoproyl toluene [see Cymene]

Kelthane [see Dicofol]

Kepone 143-50-0 0.004 NA NA -Cancer

Lead 7439-92-1 15 e(1.273[InH]-4.705) 8.5 -Neurological

Limonene 138-86-3 700 -Kidney -Liver

Lindane [seeHexachlorocyclohexane, gamma-]

Linuron 330-55-2 1.4** 45 45 -Blood

Lithium 7439-93-2 140 NA NA -None Specified

Malathion 121-75-5 140 0.1 0.1 -Neurological

Maleic anhydride 108-31-6 700 NA NA -Kidney

Maleic hydrazide 123-33-1 3500 750 750 -Kidney

Mancozeb 8018-01-7 210 3.5 3.5 -Thyroid

Maneb 12427-38-2 35 5.5 5.5 -Thyroid

Manganese 7439-96-5 50 NA NA -Neurological

MCPA[see Methyl-4- chlorophenoxyacetic acid, 2-]

MCPP [see Propionic acid, 2-(2-methyl-4-chlorophenoxy)]

Mercuric chloride (as Mercury) 7487-94-7 0.2** 0.05 0.05 -Immunological -Kidney

Mercury 7439-97-6 2 0.012 0.025 -Neurological

Mercury, methyl- [seeMethylmercury]

Merphos 150-50-5 0.2 NA NA -Neurological

Merphos oxide 78-48-8 0.2 0.2 0.2 -Neurological

Metalaxyl 57837-19-1 420 37 37 -Blood -Liver -Neurologi-cal

Methacrylonitrile 126-98-7 0.7 NA NA -Liver

Methamidophos 10265-92-6 0.4 0.00001 0.00001 -Neurological

Methanol 67-56-1 3500 45000 45000 -Developmental -Eye-Neurological

Methidathion 950-37-8 0.7** 0.03 0.03 -Liver

Methomyl 16752-77-5 180 1 1 -Kidney -Spleen

Methoxy-5-nitroaniline, 2- 99-59-2 0.8 NA NA -Cancer

Methoxychlor 72-43-5 40 0.03 0.03 -Developmental -Repro-ductive


3357Supp. No. 58




Methoxyethanol, 2- 109-86-4 7 NA NA -Reproductive

Methyl acetate 79-20-9 3000 NA NA -Liver

Methyl acrylate 96-33-3 210 NA NA -None Specified

Methyl azinphos [see Guthion]

Methyl bromide [seeBromomethane]

Methyl butyl ketone [see Hexanone,2-]

Methyl chloride [or Chloromethane] 74-87-3 2.7 470.8 470.8 -Cancer -Neurological

Methyl chloroform [seeTrichloroethane, 1,1,1-]

Methyl ethyl ketone [or Butanone,2-]

78-93-3 4200 120000 120000 -Developmental

Methyl isobutyl ketone [or MIBK] 108-10-1 560 23000 23000 -Kidney -Liver

Methyl methacrylate 80-62-6 25 6500 6500 -Nasal

Methyl parathion [or Parathion,methyl]

298-00-0 1.8 0.01 0.01 -Blood -Neurological

Methyl tert-butyl ether [or MTBE] 1634-04-4 20 34000 34000 -Eye -Kidney -Liver

Methyl-4-chlorophenoxy acetic acid,2- [or MCPA]

94-74-6 3.5 72 72 -Kidney -Liver

Methyl-5-nitroaniline, 2- 99-55-8 1.1 NA NA -Cancer

Methylaniline, 2- 95-53-4 0.1 26 26 -Cancer

Methylene bis(2-chloroaniline), 4,4- 101-14-4 0.3 NA NA -Cancer -Liver -Bladder

Methylene bromide 74-95-3 70 NA NA -Blood

Methylene chloride 75-09-2 5 1580 1580 -Cancer -Liver

Methylmercury [or Mercury,methyl]

22967-92-6 0.07** NA NA -Neurological

Methylnaphthalene, 1- 90-12-0 28 95 95 -Nasal

Methylnaphthalene, 2- 91-57-6 28 30 30 -Nasal

Methylphenol, 2- [or Cresol, o-] 95-48-7 35** 250 250 -Neurological

Methylphenol, 3- [or Cresol, m-] 108-39-4 35** 450 450 -Neurological

Methylphenol, 4- [or Cresol, p-] 106-44-5 3.5** 70 70 -Neurological -Respiratory

Metolachlor 51218-45-2 110** 1.1 1.1 -Body Weight

Metribuzin 21087-64-9 180 64 64 -Kidney -Liver

Metsulfuron, methyl [see Ally]

Mevinphos 7786-34-7 1.8 0.05 0.05 -Neurological

MIBK [see Methyl isobutyl ketone]

Mirex 2385-85-5 1.4 0.001 0.001 -Liver -Thyroid

Molinate 2212-67-1 14 17 17 -Reproductive

Molybdenum 7439-98-7 35 NA NA -Gout

MTBE [see Methyl tert-butyl ether]

Naled 300-76-5 14 0.02 0.02 -Neurological

Naphthalene 91-20-3 14** 26 26 -Nasal

Naphthylamine, 2- 91-59-8 0.0003 NA NA -Cancer

Napropamide 15299-99-7 700 210 210 -Body Weight

Nickel 7440-02-0 100 e(0.846[InH]+0.0584) 8.3 -Body Weight

Nickel subsulfide 12035-72-2 100 e(0.846[InH]+0.0584) 8.3 -Cancer

Nitrate 14797-55-8 10000 NA NA -Blood

Nitrate+Nitrite NOCAS 10000 NA NA -Blood

Nitrite 14797-65-0 1000 NA NA -Blood

Nitroaniline, m- 99-09-2 1.7 NA NA -Cancer -Blood

Nitroaniline, o- 88-74-4 21 NA NA -Blood

Nitroaniline, p- 100-01-6 1.7 1200 1200 -Cancer -Blood

Nitrobenzene 98-95-3 3.5 90 90 -Adrenals -Blood -Kidney-Liver

Nitrophenol, 4- 100-02-7 56 55 55 -None Specified

Nitroso-di-ethylamine, N- 55-18-5 0.0002 0.008 0.008 -Cancer

Nitroso-dimethylamine, N 62-75-9 0.0007 3 3 -Cancer

Nitroso-di-n-butylamine, N- 924-16-3 0.006 0.04 0.04 -Cancer

Nitroso-di-n-propylamine, N- 621-64-7 0.005 0.5 0.5 -Cancer

Nitroso-diphenylamine, N- 86-30-6 7.1 6 6 -Cancer

Nitroso-N-methylethylamine, N- 10595-95-6 0.002 0.06 0.06 -Cancer

Nitrosopyrrolidine, N- 930-55-2 0.02 NA NA -Cancer

Nitrotoluene, m- 99-08-1 140 380 380 -Spleen

Nitrotoluene, o- 88-72-2 70 550 550 -Spleen


3358Supp. No. 58




Nitrotoluene, p- 99-99-0 70 550 550 -Spleen

Nonylphenol 25154-52-3 8.4 5.9 1.4 -Kidney

Norflurazon 27314-13-2 280 NA NA -Kidney -Liver -Thyroid

Octahydro-1,3,5,7-tetranitro-tetrazocine [or HMX]

2691-41-0 350 1300 1300 -Blood -Liver

Octamethylpyrophosphoramide 152-16-9 14 NA NA -Neurological

Oil and Grease NOCAS 5000 5000 5000 -None Specified

Oryzalin 19044-88-3 35** NA NA -Adrenals -Blood -Kidney-Liver

Oxadiazon 19666-30-9 35 44 44 -Liver

Oxamyl 23135-22-0 200 8.5 8.5 -Body Weight

Paraquat 1910-42-5 3.2** 47 47 -Respiratory

Parathion 56-38-2 4.2** 0.04 0.04 -Neurological

Parathion, methyl [see Methylparathion]

PCBs [or Aroclor mixture] 1336-36-3 0.5 0.000045 0.000045 -Cancer -Immunological

PCE [see Tetrachloroethene]

Pebulate 1114-71-2 350 310 310 -Blood

Pendimethalin 40487-42-1 280 10 10 -Liver

Pentachlorobenzene 608-93-5 5.6 1.7 1.7 -Kidney -Liver

Pentachloronitrobenzene 82-68-8 0.1 0.02 0.02 -Cancer -Liver

Pentachlorophenol 87-86-5 1 8.2 7.9 -Cancer -Kidney -Liver

Perchlorate 7601-90-3 4 NA NA -Thyroid

Permethrin 52645-53-1 350 0.001 0.001 -Liver

Phenanthrene 85-01-8 210 * * -Kidney

Phenmedipham [or Betanal] 13684-63-4 1800 200 200 -None Specified

Phenol 108-95-2 10 6.5 6.5 -Developmental

Phenylenediamine, m- 108-45-2 42 NA NA -Liver

Phenylenediamine, p- 106-50-3 1300 NA NA -Whole Body

Phenylphenol, 2- 90-43-7 18 36 36 -Cancer

Phorate 298-02-2 1.4 0.005 0.005 -Neurological

Phosmet 732-11-6 140 0.1 0.1 -Liver -Neurological

Phosphine 7803-51-2 2.1 NA NA -Body Weight

Phthalic anhydride 85-44-9 14000 NA NA -Kidney -Nasal -Respira-tory

Picloram 1918-02-1 500 70 70 -Liver

Polychlorinated dibenzo-p-dioxins[see Dioxins]

Polycyclic Aromatic Hydrocarbons(PAHs)

0.031 0.031 -Various Endpoints

Potassium cyanide 151-50-8 350 5.5 5.5 -Neurological -Thyroid

Profluralin 26399-36-0 42 NA NA -None Specified

Prometon 1610-18-0 110 600 600 -None Specified

Prometryn 7287-19-6 28 21 21 -Bone Marrow -Kidney-Liver

Pronamide 23950-58-5 53** NA NA -None Specified

Propachlor 1918-16-7 91 12 12 -Liver

Propanil 709-98-8 35 20 20 -Spleen

Propargite 2312-35-8 140 1.6 1.6 -None Specified

Propazine 139-40-2 14** 190 190 -Body Weight

Propham 122-42-9 140 500 500 -Neurological

Propiconazole 60207-90-1 91 26 26 -Gastrointestinal

Propionic acid, 2-(2-methyl-4-chlorophenoxy) [or MCPP]

93-65-2 7 NA NA -Kidney

Propoxur [see Baygon]

Propylbenzene, n- 103-65-1 280 NA NA -Kidney -Liver -Neurolog-ical

Propylene glycol 57-55-6 140000 36000 36000 -Blood -Bone Marrow

Propylene glycol monomethyl ether 107-98-2 4900 NA NA -Kidney -Liver -Neurolog-ical

Propylene oxide 75-56-9 0.1 NA NA -Cancer -Nasal -Respira-tory

Pydrin [or Fenvalerate] 51630-58-1 180 0.0004 0.0004 -Neurological

Pyrene 129-00-0 210 0.3 0.3 -Kidney

Pyridine 110-86-1 7 1300 1300 -Liver

Quinoline 91-22-5 0.01 NA NA -Cancer


3359Supp. No. 58




Radium, 226 and 228 (combined) 7440-14-4 5 5 5 -Cancer

RDX [see Hexahydro-1,3,5-trinitro-1,3,5-triazine]

Resmethrin 10453-86-8 210 0.003 0.003 -Reproductive

Ronnel 299-84-3 350 0.06 0.06 -Liver

Rotenone 83-79-4 28 0.1 0.1 -Developmental

Roundup [see Glyphosate]

Selenious acid (as Selenium) 7783-00-8 35 40 40 -Hair Loss -Neurological-Skin

Selenium 7782-49-2 50 5 71 -Hair Loss -Neurological-Skin

Sevin [see Carbaryl]

Silver 7440-22-4 100 0.07 0.4 -Skin

Silvex [see Trichlorophenoxypropionic acid]

Simazine 122-34-9 4 7.3 7.3 -Cancer -Blood

Sodium 7440-23-5 160000 NA NA -None Specified

Sodium chlorite [see Chlorite (so-dium salt)]

Sodium cyanide (as Cyanide) 143-33-9 280 3.8 3.8 -Neurological

Strontium 7440-24-6 4200 -Bone

Strychnine 57-24-9 2.1 38 38 -Mortality

Styrene 100-42-5 100 460 460 -Blood -Liver -Neurologi-cal

Sulfate 14808-79-8 250000 NA NA -None Specified

TCDD, 2,3,7,8- [see Dioxins, as to-tal 2,3,7,8-TCDD equivalents]

TCE [see Trichloroethene]

TCMTB [see Thiocyanomethylthio-benzothiazole, 2-]

TDS [see Total dissolved solids]

Tebuthiuron 34014-18-1 490 310 310 -Body Weight

Temephos 3383-96-8 140 0.002 0.002 -None Specified

Temik [see Aldicarb]

Terbacil 5902-51-2 91 2500 2500 -Liver -Thyroid

Terbufos 13071-79-9 0.2 0.01 0.01 -Neurological

Terbutryn 886-50-0 7 3.1 3.1 -Blood

Tetrachlorobenzene, 1,2,4,5- 95-94-3 2.1 1.6 1.6 -Kidney

Tetrachloroethane, 1,1,1,2- 630-20-6 1.3 NA NA -Cancer -Kidney -Liver

Tetrachloroethane, 1,1,2,2- 79-34-5 0.2 10.8 10.8 -Cancer -Liver

Tetrachloroethene [or PCE] 127-18-4 3 8.85 8.85 -Cancer -Liver

Tetrachlorophenol, 2,3,4,6- 58-90-2 210 4.5 4.5 -Liver

Tetraethyl dithiopyrophosphate 3689-24-5 3.5 0.01 0.01 -Bone Marrow -Neurolog-ical

Thallium 7440-28-0 2 6.3 6.3 -Hair Loss -Liver

Thallium sulfate (as Thallium) 7446-18-6 0.6 26 26 -Blood -Hair Loss -Liver

Thiobencarb 28249-77-6 70 NA NA -Kidney

Thiocyanomethylthio-benzothiazole, 2- [or TCMTB]

21564-17-0 2.8** 0.4 0.4 -Gastrointestinal

Thiram 137-26-8 35 0.2 0.2 -Neurological

Tin 7440-31-5 4200 NA NA -Kidney -Liver

Titanium Dioxide 13463-67-7 28000 NA NA

Toluene 108-88-3 40 480 480 -Kidney -Liver -Neurolog-ical

Toluene-2,4-diamine 95-80-7 0.01 NA NA -Cancer

Toluidine, p- 106-49-0 0.2 NA NA -Cancer

Total dissolved solids [or TDS] C-010 500000 NA NA -None Specified

Toxaphene 8001-35-2 3 0.0002 0.0002 -Cancer -Developmental

Triallate 2303-17-5 91 65 65 -Liver -Spleen

Tributyltin oxide 56-35-9 2.1 0.05 0.05 -Immunological

Trichloro-1,2,2-trifluoroethane,1,1,2- [or CFC 113]

76-13-1 210000 NA NA -Neurological

Trichloroacetic acid 76-03-9 9.1 100000 100000 -None Specified

Trichlorobenzene, 1,2,3- 87-61-6 70 85 85 -Adrenals

Trichlorobenzene, 1,2,4- 120-82-1 70 23 23 -Adrenals

Trichlorobenzene, 1,3,5- 108-70-3 40 NA NA -None Specified


3360Supp. No. 58




Trichloroethane, 1,1,1- [or Methylchloroform]

71-55-6 200 270 270 -None Specified

Trichloroethane, 1,1,2- 79-00-5 5 16 16 -Cancer -Liver

Trichloroethene [or TCE] 79-01-6 3 80.7 80.7 -Cancer -None Specified

Trichlorofluoromethane 75-69-4 2100 NA NA -Cardiovascular -Kidney-Respiratory

Trichlorophenol, 2,4,5- 95-95-4 1 23 23 -Kidney -Liver

Trichlorophenol, 2,4,6- 88-06-2 3.2 6.5 6.5 -Cancer

Trichlorophenoxy acetic acid, 2,4,5- 93-76-5 70 140 140 -Kidney

Trichlorophenoxy propionic acid, 2,(2, 4, 5-) [or Silvex]

93-72-1 50 NA NA -Liver

Trichloropropane, 1,1,2- 598-77-6 35 NA NA -Cancer -Kidney -Liver-Thyroid

Trichloropropane, 1,2,3- 96-18-4 0.02 0.2 0.2 -Cancer -Kidney -Liver

Trichloropropene, 1,2,3- 96-19-5 35 NA NA -Eye

Trifluralin 1582-09-8 4.5 0.2 0.2 -Cancer -Blood -Liver

Trimethyl phosphate 512-56-1 0.9 NA NA -Cancer

Trimethylbenzene, 1,2,3- 526-73-8 10 NA NA -None Specified

Trimethylbenzene, 1,2,4- 95-63-6 10 220 220 -None Specified

Trimethylbenzene, 1,3,5- 108-67-8 10 220 220 -None Specified

Trinitrobenzene, 1,3,5- 99-35-4 210 19 19 -Blood -Spleen

Trinitrophenylmethylnitramine 479-45-8 70 -Kidney -Liver -Spleen

Trinitrotoluene, 2,4,6- 118-96-7 1.2 49 49 -Cancer -Liver

Trithion [see Carbophenothion]

TRPH NOCAS 5000 5000 5000 -Multiple Endpoints MixedContaminants

Uranium, soluble salts 7440-61-1 21 NA NA -Kidney

Vanadium 7440-62-2 49 NA NA -Hair Loss

Vanadium pentoxide (as Vanadium) 1314-62-1 63 13 13 -Hair Loss

Vernam 1929-77-7 7 12 12 -Body Weight

Vinyl acetate 108-05-4 88 700 700 -Kidney -Nasal

Vinyl chloride (d) 75-01-4 1 2.4 2.4 -Cancer -Liver

White phosphorus 7723-14-0 0.1 NA 0.1 -Maternal Death - Repro-ductive

Xylenes, total 1330-20-7 20 370 370 -Neurological

Zinc 7440-66-6 5000 e(0.8473[InH]+0.884) 86 -Blood

Zinc chloride 7646-85-7 2100 1.5 1.5 -Blood

Zinc phosphide 1314-84-7 2.1 NA NA -Body Weight

Zineb 12122-67-7 350 14 14 -Thyroid

CTLs are expressed in units of ug/l (ppb).

# = These default Target Organ(s)/Systems or Effects are those reported to occur at the dosesused to derive the referenced dose. Non-default Target Organ(s)/Systems or Effects may bejustified through a detailed toxicological analysis of the chemicals present at a specific site.

* = There are no surface water standards for these individual polycyclic aromatichydrocarbons. Per Chapter 62-302, F.A.C., the surface water criterion for PolycyclicAromaticHydrocarbons (PAHs) shall apply to the total concentration of Acenaphthylene,Benzo(a)anthracene, Benzo(a)pyrene, Benzo(fluoranthene, Benzo(g,i,h) perylene,Benzo(k)fluoranthene, Chrysene, Dibenzo(a,h,)anthracene, Indenol(1,2,3-cd)pyrene, andPhenanthrene.

** = Groundwater CTLs for Class C carcinogens with no cancer slope factor were developedusing the referenced dose divided by a factor of 10, as described in the DERM TechnicalReport: Development of Cleanup Target Levels (CTLs) for Chapter 24, of the Code ofMiami-Dade County (September 2005).

(a) = Freshwater surface water criterion for Ammonia based on un-ionized ammonia only.All other water criteria for ammonia are based on total ammonia.

(b) = The common name BHC is a misnomer for Hexachlorocyclohexane.


3361Supp. No. 58

(c) = Criteria for Dioxins, as total 2,3,7,8-TCDD equivalents shall be compared to the totaldioxin equivalents for chlorinated dioxin and dibenzofuran congeners using the approachset forth in the DERM Technical Report: Development of Cleanup Target Levels (CTLs) forChapter 24 of the Code of Miami-Dade County (September 2005).

(d) = Surface water values protective of human health for Vinyl chloride calculatedassuming continuous lifetime exposure from birth as described in the DERM TechnicalReport: Development of Cleanup Target Levels (CTLs) for Chapter 24 of the Code ofMiami-Dade County (September 2005).

(e) = Not to exceed 10% above ambient, as set forth in Sec. 24-42(4).

(f) = Hardness-dependent as set forth in Chapter 62-302, F.A.C.

(g) = Criteria for these metals are measured as total recoverable metal. However, they maybe applied as dissolved metals when, as part of a permit application, a dissolved metalstranslator has been established according to the procedures set forth in the document,"Guidance for Establishing a Metals Translator", Florida Department of EnvironmentalProtection, December 17, 2001.

(h) = In the absence of concentration data specific for the III and VI valence states ofchromium, total chromium concentrations in surface water shall be compared to the criteriafor Chromium (hexavalent).

(i) = 12789-03-6 or 57-74-9

NA = Not available.

None Specified = Target organ(s) not available.

Note: Freshwater and marine surface waters, and groundwater at the point of dischargeinto surface water shall pass acute and chronic toxicity bioassay tests: The user shallconsult the standard definitions for acute and chronic toxicity set forth in F.A.C. 62-302.200(1) and F.A.C. 62-302.200(4), respectively.

Table 2 Soil Clean-up Target Levels

Direct Exposure Leachability Based on

Contaminants CAS#

ResidentialCommercial/

Industrial GroundwaterFresh Surface

WaterMarine Surface

Water

Target Organs/Sys-tems

or Effects#

Acenaphthene 83-32-9 2400 20000 2.1 0.3 0.3 -Liver

Acenaphthylene 208-96-8 1800 20000 27 NA NA -Liver

Acephate 30560-19-1 120 720 0.02 0.8 0.8 -Cancer -Neurological

Acetaldehyde 75-07-0 15 20 NA NA NA -Nasal

Acetone 67-64-1 11000 68000 25 6.8 6.8 -Kidney -Liver -Neu-rological

Acetophenone 98-86-2 3900 32000 3.9 44 44 -None Specified

Acifluorfen, sodium [orBlazer]

62476-59-9 28 140 0.1 25 25 -Kidney

Acrolein 107-02-8 0.05 0.3 0.01 0.002 0.002 -Nasal

Acrylamide 79-06-1 0.1 0.4 0.00003 0.001 0.001 -Cancer -Neurological

Acrylic acid 79-10-7 48 250 14 NA NA -Developmental

Acrylonitrile 107-13-1 0.3 0.6 0.0003 0.001 0.001 Cancer -Nasal -Repro-ductive

Alachlor 15972-60-8 11 44 0.02 0.005 0.005 -Cancer -Blood

Aldicarb [or Temik] 116-06-3 68 920 0.03 0.004 0.004 -Neurological

Aldrin 309-00-2 0.06 0.3 0.2 0.01 0.01 -Cancer -Liver

Ally [or Metsulfuron,methyl]

74223-64-6 19000 300000 12 NA NA -Body Weight

Allyl alcohol 107-18-6 140 970 0.1 0.02 0.02 -Kidney -Liver

Allyl chloride 107-05-1 0.5 2.7 0.2 NA NA -Neurological

Aluminum 7429-90-5 80000 * *** *** *** -Body Weight

Aluminum phosphide 20859-73-8 35 880 *** *** *** -Body Weight


3362Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Ametryn 834-12-8 670 11000 0.8 0.08 0.08 -Liver

Ammonia (a) 7664-41-7 NA NA NA *** NA -Respiratory

Ammonia (as Total) 7664-41-7 4400 26,400 *** *** *** -Respiratory

Aniline 62-53-3 27 150 0.03 0.02 0.02 -Cancer -Blood -Spleen

Anthracene 120-12-7 21000 300000 2500 0.4 0.4 -None Specified

Antimony (b) 7440-36-0 27 370 5.4 3900 3900 -Blood

Aroclor mixture [see PCBs]

Arsenic NOCAS 2.1 12 *** *** *** -Cancer -Cardiovascu-lar -Skin

Atrazine 1912-24-9 4.3 19 0.06 0.04 0.04 Cancer -Cardiovascu-lar

Azinphos, methyl [seeGuthion]

Azobenzene 103-33-3 7.9 31 0.03 0.4 0.4 -Cancer

Barium (soluble salts) (b) 7440-39-3 120** 130000 1600 NA NA -Cardiovascular

Baygon [or Propoxur] 114-26-1 280 4100 0.2 0.002 0.002 -Blood -Neurological

Bayleton 43121-43-3 2400 46000 4.8 11 11 -Blood

Benomyl 17804-35-2 4000 77000 3.1 0.03 0.03 -Developmental

Bentazon 25057-89-0 2100 32000 1.2 NA NA -Blood

Benzaldehyde 100-52-7 3300 24000 4.8 0.4 0.4 -Gastrointestinal -Kid-ney

Benzene 71-43-2 1.2 1.7 0.007 0.5 0.5 -Cancer -Blood

Benzenethiol 108-98-5 0.2 1.3 0.001 NA NA -Liver

Benzidine 92-87-5 0.004 0.02 0.00002 0.00002 0.00002 -Cancer -Liver -Neu-rological

Benzo(a)anthracene 56-55-3 ## ## 0.8 NA NA -Cancer

Benzo(a)pyrene 50-32-8 0.1 0.7 8 NA NA -Cancer

Benzo(b)fluoranthene 205-99-2 ## ## 2.4 NA NA -Cancer

Benzo(g,h,i)perylene 191-24-2 2500 52000 32000 NA NA -Neurological

Benzo(k)fluoranthene 207-08-9 ## ## 24 NA NA -Cancer

Benzoic acid 65-85-0 180000 * 110 36 36 -None Specified

Benzotrichloride 98-07-7 0.04 0.09 0.0001 0.00008 0.00008 -Cancer

Benzyl alcohol 100-51-6 26000 670000 9.5 2.3 2.3 -Gastrointestinal

Benzyl chloride 100-44-7 1 1.6 0.002 0.02 0.02 -Cancer

Beryllium (b) 7440-41-7 120 1400 63 2.1 2.1 -Cancer-Gastrointestinal-Respiratory

Betanal [seePhenmedipham]

BHC, alpha- [seeHexachloro cyclohexane,alpha-] (f)

BHC, beta- [seeHexachloro cyclohexane,beta-] (f)

BHC, delta- [seeHexachloro cyclohexane,delta-] (f)

BHC, gamma- [seeHexachloro cyclohexane,gamma-] (f)

Bidrin [or Dicrotophos] 141-66-2 7.4 120 0.005 0.1 0.1 -Developmental

Biphenyl, 1,1- [orDiphenyl]

92-52-4 3000 34000 0.2 5.8 5.8 -Kidney

Bis(2-chloro-1-metylethyl)ether [seeBis(2-chloroisopropyl)ether]

Bis(2-chloroethoxy)methane

111-91-1 250 5700 63 NA NA -Liver

Bis(2-chloroethyl)ether 111-44-4 0.3 0.5 0.0001 0.002 0.002 -Cancer

Bis(2-chloroisopropyl)ether [orBis(2-chloro-1-metylethyl)ether]

39638-32-9 6 12 0.009 0.4 0.4 -Cancer -Blood

Bis(2-ethylhexyl)adipate 103-23-1 620 1900 780 64 64 -Cancer -Body Weight

Bis(2-ethylhexyl)phthalate [orDEHP]

117-81-7 72 390 3600 1300 1300 -Cancer -Liver


3363Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Bisphenol A 80-05-7 4000 79000 11 1.7 1.7 -Body Weight

Blazer [see Acifluorfen, so-dium]

Boron 7440-42-8 17000 430000 *** NA NA -Reproductive -Respi-ratory

Bravo [see Chlorothalonil]

Bromacil 314-40-9 7500 120000 0.5 0.6 0.6 -Body Weight

Bromate 15541-45-4 1 2.8 0.04 NA 460 -Cancer -Kidney

Bromochloromethane 74-97-5 95 530 0.6 NA NA -None Specified

Bromodichloromethane 75-27-4 1.5 2.2 0.004 0.1 0.1 Cancer -Kidney

Bromoform 75-25-2 48 93 0.03 2.7 2.7 -Cancer -Liver

Bromomethane [or Methylbromide]

74-83-9 3.1 16 0.05 0.2 0.2 -Gastrointestinal-Respiratory

Bromoxynil 1689-84-5 1600 29000 3 NA NA -None Specified

Butanol, n- 71-36-3 2900 21000 3 110 110 -Neurological

Butanol, tert- [see Butylalcohol, tert-]

Butanone, 2- [see Methylethyl ketone]

Butyl alcohol, tert- [orButanol, tert-]

75-65-0 3200 19000 5.7 NA NA -Kidney -Neurological

Butyl benzyl phthalate 85-68-7 17000 380000 310 56 56 -Liver

Butylate 2008-41-5 3200 40000 5.2 0.2 0.2 -Liver

Butylbenzene, n- 104-51-8 410 2400 21 NA NA -Kidney -Liver -Neu-rological

Butylbenzene, sec 135-98-8 360 2000 19 NA NA -Kidney -Neurological

Butylbenzene, tert 98-06-6 360 2100 15 NA NA -Kidney -Neurological

Butylphthalylbutylglycolate

85-70-1 84000 * 4200 NA NA -None Specified

Cadmium (b,c,h) 7440-43-9 82 1700 7.5 (k) 14 Cancer -Kidney

Calcium cyanide 592-01-8 3500 88000 *** NA NA -Neurological -Thyroid

Captafol 2425-06-1 110 570 0.5 0.1 0.1 -Cancer -Kidney

Captan 133-06-2 230 750 0.1 0.03 0.03 -Cancer -Body Weight

Carbaryl [or Sevin] 63-25-2 7700 130000 8.7 0.0007 0.0007 -Kidney -Liver

Carbazole 86-74-8 49 240 0.2 6.5 6.5 -Cancer

Carbofuran 1563-66-2 130 910 0.2 0.0006 0.0006 -Neurological -Repro-ductive

Carbon disulfide 75-15-0 270 1500 5.6 0.8 0.8 -Developmental -Neu-rological

Carbon tetrachloride 56-23-5 0.5 0.7 0.04 0.06 0.06 -Cancer -Liver

Carbophenothion [orTrithion]

786-19-6 11 250 13 1.5 1.5 -Neurological

Carboxin 5234-68-4 7400 120000 5 0.4 0.4 -Body Weight

CFC 113 [see Trichloro-1,2,2-trifluoroethane,1,1,2-]

-Adrenals

Chloral hydrate 302-17-0 5700 62000 0.3 NA NA -Gastrointestinal-Neurological

Chloramben 133-90-4 960 12000 0.5 NA NA -Liver

Chlordane (total) (j) 2.8 14 9.6 0.003 0.003 -Cancer -Liver

Chlorine cyanide [orCyanogen chloride]

506-77-4 3100 37000 71 0.3 0.3 -Neurological -Thyroid

Chloro-1, 1-difluoroethane,1-

75-68-3 16000 84000 NA NA NA -None Specified

Chloro-1,3-butadiene [orChloroprene]

126-99-8 3.5 19 1.5 NA NA -Hair Loss -Nasal

Chloro-3-methylphenol, 4-[see Chloro-m-cresol, p-]

Chloroacetic acid 79-11-8 130 1700 0.07 13 13 -Cardiovascular

Chloroaniline, p- 106-47-8 270 3700 0.2 0.02 0.02 -Spleen

Chlorobenzene 108-90-7 120 650 1.3 0.2 0.2 -Liver

Chlorobenzilate 510-15-6 3.6 18 0.1 0.01 0.01 -Cancer -Body Weight

Chlorobenzoic acid, p- 74-11-3 16000 290000 28 NA NA -None Specified

Chlorobenzotrifluoride, 4- 98-56-6 130 710 5.2 NA NA -Kidney

Chlorobutane, 1- 109-69-3 780 4200 26 NA NA -Blood -Neurological


3364Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Chlorodifluoromethane 75-45-6 16000 82000 NA NA NA -Adrenals -Kidney -Pi-tuitary

Chloroethane [see Ethylchloride]

Chloroform 67-66-3 0.4 0.6 0.4 2.8 2.8 Cancer -Liver

Chloro-m-cresol, p- [orChloro-3-methylphenol, 4-]

59-50-7 600 8000 0.4 0.6 0.6 -Body Weight

Chloromethane [seeMethyl chloride]

Chloronaphthalene, beta- 91-58-7 5000 61000 260 740 740 -Liver -Respiratory

Chloronitrobenzene, o- 88-73-3 22 51 0.02 NA NA Cancer

Chloronitrobenzene, p- 100-00-5 31 73 0.03 1.6 1.6 Cancer

Chlorophenol, 2- 95-57-8 130 860 0.7 2.5 2.5 -Reproductive



Chloroprene [see Chloro-1,3-butadiene]

Chloropropane, 2- 75-29-6 47 250 NA NA NA -Liver

Chlorothalonil [or Bravo] 1897-45-6 88 420 0.2 0.06 0.06 -Cancer -Kidney

Chlorotoluene, o- 95-49-8 200 1200 2.8 7.7 7.7 -Body Weight

Chlorotoluene, p- 106-43-4 170 990 2.5 NA NA -None Specified

Chlorpropham 101-21-3 16000 310000 51 7 7 -Bone Marrow -Kid-ney -Liver -Spleen

Chlorpyrifos 2921-88-2 250 5000 15 0.001 0.001 -Neurological

Chromium (hexavalent) (b) 18540-29-9 310 470 NA 4.2 19 -Cancer -Respiratory

Chromium (total) (b,g) NOCAS 310 470 38 4.2 19 -Cancer

Chromium (trivalent) (b) 16065-83-1 110000 * NA NA * -None Specified

Chrysene 218-01-9 ## ## 77 NA NA -Cancer

Cobalt 7440-48-4 1700 42000 *** NA NA -Cardiovascular -Im-munological -Neuro-logical -Reproductive

Copper 7440-50-8 150** 89000 *** (k) *** -Gastrointestinal

Coumaphos 56-72-4 21 450 0.3 0.0007 0.0007 -Neurological

Cresol, m- [seeMethylphenol, 3-]

Cresol, o- [seeMethylphenol, 2-]

Cresol, p- [seeMethylphenol, 4-]

Crotonaldehyde 123-73-9 0.6 3.3 0.00008 NA NA -Cancer

Cumene [or Isopropyl ben-zene]

98-82-8 220 1200 0.2 56 56 -Adrenals -Kidney

Cyanide, free (b) 57-12-5 34** 11000 0.56 0.02 0.004 -Neurological -Thyroid

Cyanogen 460-19-5 560 3400 57 NA NA -Neurological -Thyroid

Cyanogen chloride [seeChlorine cyanide]

Cycloate 1134-23-2 340 4700 0.7 2.5 2.5 -Neurological

Cyclohexanone 108-94-1 150000 * 150 110 110

Cyclohexylamine 108-91-8 18000 440000 7.9 22 22 -Reproductive

Cyhalothrin [or Karate] 68085-85-8 420 9600 290 150 150 -Developmental

Cymene, p- (orIsopropyltoluene)

99-87-6 960 5600 NA NA NA -Gastrointestinal-Neurological -Skin

Cypermethrin 52315-07-8 840 19000 30 0.002 0.002 -Gastrointestinal

DBCP, 1,2- [see Dibromo-3-chloropropane, 1,2-]

DDD, 4,4'- [seeDichlorodiphenyldichloroethane, p,p']

DDE, 4,4'- [seeDichlorodiphenyldichloroethylene, p,p'-]

DDT, 4,4'- [seeDichlorodiphenyldichloroethane, p,p'-]

Decabromodiphenyl ether 1163-19-5 840 19000 9.3 NA NA -None Specified

DEHP [see Bis(2-ethylhexyl)phthalate]


3365Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Diallate 2303-16-4 16 82 0.6 NA NA -Cancer -None Speci-fied

Diazinon 333-41-5 70 1200 0.2 0.00005 0.00005 -Neurological

Dibenz(a,h)anthracene 53-70-3 ## ## 0.7 NA NA -Cancer

Dibenzofuran 132-64-9 320 6300 15 36 36 -None Specified

Dibromo-3-chloropropane, 1,2- [orDBCP, 1,2-]

96-12-8 0.7 3.8 0.001 NA NA -Cancer -Reproductive

Dibromobenzene, 1,4- 106-37-6 430 3600 7.8 27 27 -Liver

Dibromochloromethane 124-48-1 1.5 2.3 0.003 0.2 0.2 -Cancer -Liver

Dibromoethane, 1,2- [orEDB]

106-93-4 0.1 0.2 0.0001 0.07 0.07 -Cancer -Reproductive

Dibutyl phthalate 84-74-2 8200 170000 47 1.5 1.5 -Mortality

Dicamba 1918-00-9 2300 40000 2.6 2.4 2.4 -Developmental

Dichloroacetic acid 79-43-6 21 120 0.005 8.1 8.1 -Cancer -Liver -Neu-rological -Reproduc-tive

Dichloroacetonitrile 3018-12-0 340 2900 0.03 NA NA -None Specified

Dichlorobenzene, 1,2- 95-50-1 880 5000 17 2.8 2.8 -Body Weight

Dichlorobenzene, 1,3- 541-73-1 380 2200 7 2.8 2.8 -None Specified

Dichlorobenzene, 1,4- 106-46-7 6.4 9.9 2.2 0.09 0.09 -Cancer -Liver

Dichlorobenzidine, 3,3'- 91-94-1 2.1 9.9 0.003 0.0009 0.0009 Cancer

Dichlorobenzophenone,4,4'-

90-98-2 2500 51000 25 190 190 -None Specified

Dichlorodifluoromethane 75-71-8 77 410 44 NA NA -Liver

Dichlorodiphenyl-dichloroethane, p,p'- [orDDD, 4,4'-]

72-54-8 4.2 22 5.8 0.01 0.01 Cancer

Dichlorodiphenyl-dichloroethylene, p,p-' [orDDE, 4,4'-]

72-55-9 2.9 15 18 0.04 0.04 Cancer

Dichlorodiphenyl-trichloroethane, p,p'- [orDDT, 4,4'-]

50-29-3 2.9 15 11 0.06 0.06 -Cancer -Liver

Dichloroethane, 1,1- 75-34-3 390 2100 0.4 NA NA -Kidney

Dichloroethane, 1,2- [orEDC]

107-06-2 0.5 0.7 0.01 0.2 0.2 -Cancer -None Speci-fied

Dichloroethene, 1,1- 75-35-4 95 510 0.06 0.03 0.03 -Liver

Dichloroethene, cis-1,2- 156-59-2 33 180 0.4 NA NA -Blood

Dichloroethene, trans-1,2- 156-60-5 53 290 0.7 75 75 -Blood -Liver

Dichlorophenol, 2,3- 576-24-9 230 4100 0.0008 1.2 1.2 -Immunological




Dichlorophenol, 3,4- 95-77-2 230 3700 0.01 2 2 -Immunological

Dichlorophenoxy aceticacid, 2,4-

94-75-7 770 13000 0.7 0.9 0.9 -Blood -Kidney -Liver

Dichloropropane, 1,2- 78-87-5 0.6 0.9 0.03 0.09 0.09 -Cancer -Nasal

Dichloropropene, 1,3- 542-75-6 1.4 2.2 0.002 0.09 0.09 -Cancer-Gastrointestinal -Na-sal

Dichlorprop 120-36-5 370 5800 0.3 0.3 0.3 -None Specified

Dichlorvos 62-73-7 0.3 0.4 0.0006 0.00002 0.00002 -Cancer -Neurological

Dicofol [or Kelthane] 115-32-2 2.2 11 0.01 0.0008 0.0008 -Cancer -Adrenals

Dicrotophos [see Bidrin]

Dieldrin 60-57-1 0.06 0.3 0.002 0.0001 0.0001 -Cancer -Liver

Diethyl phthalate 84-66-2 61000 * 86 5.9 5.9 -Body Weight

Diethylene glycol,monoethyl ether

111-90-0 130000 * 63 750 750 -Kidney

Diisopropylmethylphosphonate

1445-75-6 4500 49000 3.6 85 85 -None Specified

Dimethoate 60-51-5 13 170 0.006 0.0004 0.0004 -Neurological

Dimethoxybenzidine, 3,3'- 119-90-4 69 330 0.2 NA NA -Cancer

Dimethrin 70-38-2 24000 440000 2500 1.3 1.3 -Liver

Dimethylaniline, 2,4- 95-68-1 0.5 1 0.0005 19 19 -Cancer -Blood -Spleen

Dimethylaniline, N,N- 121-69-7 55 380 0.1 12 12 -Spleen


3366Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Dimethylbenzidine, 3,3'- 119-93-7 0.1 0.6 0.001 NA NA -Cancer

Dimethylformamide, N,N- 68-12-2 1400 8600 3 210 210 -Gastrointestinal-Liver

Dimethylphenol, 2,4- 105-67-9 1300 18000 1.7 1.9 1.9 -Blood -Neurological

Dimethylphenol, 2,6- 576-26-1 34 370 0.04 5.2 5.2 -Kidney -Liver -Spleen

Dimethylphenol, 3,4- 95-65-8 71 1000 0.06 3.4 3.4 -Kidney -Liver -Spleen

Dimethylphthalate 131-11-3 690000 * 380 7.8 7.8 -Kidney

Dinitrobenzene, 1,2- (o) 528-29-0 23 240 0.01 0.2 0.2 -Spleen

Dinitrobenzene, 1,3- (m) 99-65-0 5.8 64 0.004 0.4 0.4 -Spleen

Dinitrobenzene, 1,4- (p) 100-25-4 35 890 0.04 0.4 0.4 -Spleen

Dinitro-o-cresol, 4,6- 534-52-1 8.4 180 0.4 NA NA -Metabolic Disorders

Dinitrophenol, 2,4- 51-28-5 110 1200 0.06 0.01 0.01 -Eye

Dinitrotoluene, 2,4- 121-14-2 1.2 4.3 0.0004 0.07 0.07 -Cancer -Liver -Neu-rological

Dinitrotoluene, 2,6- 606-20-2 1.2 3.8 0.0004 0.005 0.005 -Cancer -Blood -Kid-ney -Neurological

Di-n-octylphthalate 117-84-0 1700 39000 480000 NA NA -Kidney -Liver

Dinoseb 88-85-7 65 840 0.03 0.03 0.03 -Developmental

Dioxane, 1,4- 123-91-1 23 38 0.01 0.5 0.5 -Cancer

Dioxins, as total 2,3,7,8-TCDD equivalents (e)

1746-01-6 7E-6 3E-5 0.003 6E-7 6E-7 -Cancer

Diphenamid 957-51-7 2300 41000 2.6 20 20 -Liver

Diphenyl [see Biphenyl,1,1-]

Diphenylamine, N,N- 122-39-4 2000 40000 14 NA NA -Kidney -Liver

Diphenylhydrazine, 1,2- 122-66-7 1.1 4.8 0.002 0.007 0.007 -Cancer

Diquat 85-00-7 190 4300 800 60 60 -Eye

Disulfoton 298-04-4 3.3 66 0.09 0.1 0.1 -Neurological

Diuron 330-54-1 150 2300 0.3 0.2 0.2 -Blood

EDB [see Dibromoethane,1,2-]

EDC [see Dichloroethane,1,2-]

Endosulfan(alpha+beta+sulfate)

115-29-7 450 7600 3.8 0.005 0.0008 -Cardiovascular -Kid-ney

Endothall 145-73-3 1800 44000 0.4 0.4 0.4 -Gastrointestinal

Endrin 72-20-8 25 510 1 0.001 0.001 -Liver

EPEG [see Ethylphthalylethylglycolate]

Epichlorohydrin 106-89-8 14 80 0.03 1.1 1.1 -Cancer -Kidney -Na-sal

EPN [see Ethylp-nitrophenylphenylphosphorothioate]

EPTC [see Ethyldipropylthiocarbamate, S-]

Ethanol 64-17-5 * * 40 NA NA -Developmental

Ethion 563-12-2 42 920 1.7 0.003 0.003 -Neurological

Ethoprop 13194-48-4 7.4 120 0.005 0.002 0.002 -Neurological

Ethoxyethanol acetate, 2- 111-15-9 14000 130000 8.8 8.4 8.4 -Developmental

Ethoxyethanol, 2- 110-80-5 10000 72000 13 NA NA -Reproductive

Ethyl acetate 141-78-6 9100 53000 26 26 26 -Body Weight

Ethyl acrylate 140-88-5 2 3 0.002 0.6 0.6 -Cancer

Ethyl chloride [orChloroethane]

75-00-3 3.9 5.4 0.06 NA NA -Cancer -Developmen-tal

Ethyl dipropylthiocarbam-ate, S- [or EPTC]

759-94-4 1400 14000 11 15 15 -Cardiovascular

Ethyl ether 60-29-7 260 1400 5 850 850 -Body Weight

Ethyl methacrylate 97-63-2 630 3500 3.5 NA NA -Kidney

Ethyl p-nitrophenylphenylphosphorothioate[or EPN]

2104-64-5 0.8 18 0.02 0.003 0.003 -Neurological

Ethylbenzene 100-41-4 1500 9200 0.6 12 12 -Developmental -Kid-ney -Liver

Ethylene diamine 107-15-3 1100 11000 0.6 3.2 3.2 -Blood -Cardiovascu-lar


3367Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Ethylene glycol 107-21-1 110000 * 56 65 65 -Kidney

Ethylene oxide 75-21-8 0.3 0.4 0.0002 20 20 -Cancer

Ethylene thiourea [orETU]

96-45-7 7 57 0.001 5.6 5.6 -Cancer -Thyroid

Ethylphthalylethylglycolate [or EPEG]

84-72-0 260000 * 1200 NA NA -Kidney

Ethyltoluene, o- 622-96-8 320 1900 8.1 NA NA -Body Weight -Liver

Ethyltoluene, p- 611-14-3 330 1900 8.1 NA NA -Body Weight -Liver

ETU [see Ethylene thio-urea]

Fenamiphos 22224-92-6 19 340 0.02 0.003 0.003 -Neurological

Fensulfothion 115-90-2 19 310 0.01 0.004 0.004 -Neurological

Fenvalerate [see Pydrin]

Fluometuron 2164-17-2 980 16000 0.9 1.8 1.8 -None Specified

Fluoranthene 206-44-0 3200 59000 1200 1.3 1.3 -Blood -Kidney -Liver

Fluorene 86-73-7 2600 33000 160 17 17 -Blood

Fluoride 7782-41-4 840** 130000 6000 30000 15000 -Teeth mottling

Fluoridone 59756-60-4 7000 180000 2500 460 460 -Kidney -Reproductive

Fonofos 944-22-9 140 2100 0.4 0.003 0.003 -Liver -Neurological

Formaldehyde 50-00-0 23 31 2.4 0.4 0.4 -Cancer-Gastrointestinal

Furan 110-00-9 4.8 26 0.09 NA NA -Liver

Furfural 98-01-1 190 2400 0.09 2.7 2.7 -Liver -Nasal

Glycidaldehyde 765-34-4 15 120 0.01 NA NA -Adrenals -Blood -Kid-ney

Glyphosate [or Roundup] 1071-83-6 8800 220000 3.3 0.5 0.5 -Kidney

Guthion [or Methylazinphos]

86-50-0 120 2400 0.2 0.0002 0.0002 -Neurological

Heptachlor 76-44-8 0.2 1 23 0.01 0.01 -Cancer -Liver

Heptachlor epoxide 1024-57-3 0.1 0.5 0.6 0.0001 0.0001 -Cancer -Liver

Hexachloro-1,3-butadiene 87-68-3 6.2 13 1 110 110 -Cancer -Kidney

Hexachlorobenzene 118-74-1 0.4 1.2 2.2 0.0006 0.0006 -Cancer -Liver

Hexachlorocyclohexane, al-pha- [or BHC, alpha-]

319-84-6 0.1 0.6 0.0003 0.0003 0.0003 -Cancer

Hexachlorocyclohexane,beta- [BHC, beta-]

319-85-7 0.5 2.4 0.001 0.003 0.003 -Cancer

Hexachlorocyclohexane,delta- [or BHC, delta-]

319-86-8 24 490 0.2 NA NA -Kidney -Liver

Hexachlorocyclohexane,gamma- [or Lindane orBHC, gamma-]

58-89-9 0.7 2.5 0.009 0.003 0.003 -Cancer -Kidney-Liver

Hexachlorocyclopentadiene 77-47-4 9.5 50 400 24 24 -Gastrointestinal

Hexachloroethane 67-72-1 38 87 0.2 0.2 0.2 -Cancer -Kidney

Hexachlorophene 70-30-4 26 670 53 26 26 -Neurological

Hexahydro-1,3,5-trinitro-1,3,5- triazine [or RDX]

121-82-4 7.7 28 0.002 1.3 1.3 -Cancer -Reproductive

Hexane, n- 110-54-3 680 3900 2.1 1200 1200 -Neurological

Hexanone, 2- [or Methylbutyl ketone]

591-78-6 24 130 1.4 NA NA -None Specified

Hexazinone 51235-04-2 2300 32000 1.1 120 120 -Body Weight

Hydroquinone 123-31-9 2600 35000 1.4 0.02 0.02 -Blood

Indeno(1,2,3-cd)pyrene 193-39-5 ## ## 6.6 NA NA -Cancer

Iron 7439-89-6 53000 * *** *** *** -Gastrointestinal

Isobutyl alcohol 78-83-1 6400 42000 8.9 200 200 -Neurological

Isophorone 78-59-1 540 1200 0.2 3.8 3.8 -Cancer -None Speci-fied

Isopropyl benzene [seeCumene]

Isopropyl toluene [see p-Cymene]

Karate [see Cyhalothrin,lambda]

Kelthane [see Dicofol]

Lead (d) 7439-92-1 400 1400 *** (k) *** -Neurological

Limonene 138-86-3 640 3600 42 NA NA -Kidney -Liver


3368Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Lindane [seeHexachlorocyclohexane,gamma-]

Linuron 330-55-2 160 3100 0.04 1.4 1.4 -Blood

Lithium 7439-93-2 1700 44000 *** NA NA -None Specified

Malathion 121-75-5 1500 24000 4.2 0.003 0.003 -Neurological

Maleic anhydride 108-31-6 3200 24000 2.8 NA NA -Kidney

Maleic hydrazide 123-33-1 1000 5400 16 3.4 3.4 -Kidney

Malonitrile 109-77-3 1.2 13 0.0006 NA NA -Liver -Spleen

Maneb 12427-38-2 410 8400 2.9 0.5 0.5 -Thyroid

Manganese 7439-96-5 3500 43000 *** NA NA -Neurological

MCPA [see Methyl-4-chlorophenoxy acetic acid,2-]

MCPP [see Propionic acid,2-(2-methyl-4-chlorophenoxy)]

Mercury (c) 7439-97-6 3 17 2.1 0.01 0.03 -Neurological

Mercury, methyl- [seeMethylmercury]

Merphos 150-50-5 2.5 52 0.5 NA NA -Neurological

Merphos oxide 78-48-8 2.5 56 0.3 0.3 0.3 -Neurological

Methacrylonitrile 126-98-7 1 5.9 0.003 NA NA -Liver

Methamidophos 10265-92-6 3.1 36 0.001 0 0 -Neurological

Methanol 67-56-1 13000 90000 14 180 180 -Developmental -Eye-Neurological

Methidathion 950-37-8 68 950 0.003 0.0001 0.0001 -Liver

Methomyl 16752-77-5 38 200 1.2 0.007 0.007 -Kidney -Spleen

Methoxy-5-nitroaniline, 2- 99-59-2 19 71 0.006 NA NA -Cancer

Methoxychlor 72-43-5 420 8800 160 0.1 0.1 -Developmental -Re-productive

Methyl acetate 79-20-9 6800 38000 16 NA NA -Liver

Methyl acrylate 96-33-3 260 1500 0.9 NA NA -None Specified

Methyl azinphos [seeGuthion]

Methyl bromide [seeBromomethane]

Methyl butyl ketone [seeHexanone, 2-]

Methyl chloride [orChloromethane]

74-87-3 4 5.7 0.01 2.3 2.3 -Cancer -Neurological

Methyl chloroform [seeTrichloroethane, 1,1,1-]

Methyl ethyl ketone [orButanone, 2-]

78-93-3 16000 110000 17 490 490 -Developmental

Methyl isobutyl ketone [orMIBK]

108-10-1 4300 44000 2.6 110 110 -Kidney -Liver

Methyl methacrylate 80-62-6 1900 10000 0.1 32 32 -Nasal

Methyl parathion [orParathion, methyl]

298-00-0 20 370 0.06 0.0003 0.0003 -Blood -Neurological

Methyl styrene (mixed) 25013-15-4 120 770 0.8 NA NA -Nasal

Methyl styrene, alpha 98-83-9 1500 10000 11 NA NA -Kidney -Liver

Methyl tert-butyl ether [orMTBE]

1634-04-4 4400 24000 0.09 150 150 -Eye -Kidney -Liver

Methyl-4-chlorophenoxyacetic acid, 2- [or MCPA]

94-74-6 35 500 0.02 0.4 0.4 -Kidney -Liver

Methylaniline, 2- 95-53-4 2.6 6.4 0.0009 0.2 0.2 -Cancer

Methylene bis(2-chloroaniline), 4,4-

101-14-4 6.4 23 0.001 NA NA -Cancer -Liver -Blad-der

Methylene bromide 74-95-3 96 550 0.3 NA NA -Blood

Methylene chloride 75-09-2 17 26 0.02 7.3 7.3 -Cancer -Liver

Methylene diphenyldiisocyanate

101-68-8 400 2100 NA NA NA -Nasal

Methylmercury [or Mer-cury, methyl]

22967-92-6 1.1 6.1 0.002 NA NA -Neurological

Methylnaphthalene, 1- 90-12-0 200 1800 3.1 10 10 -Nasal

Methylnaphthalene, 2- 91-57-6 210 2100 8.5 9.1 9.1 -Nasal


3369Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Methylphenol, 2- [orCresol, o-]

95-48-7 2900 31000 0.3 1.9 1.9 -Neurological

Methylphenol, 3- [orCresol, m-]

108-39-4 2900 33000 0.3 3.3 3.3 -Neurological

Methylphenol, 4- [orCresol, p-]

106-44-5 300 3400 0.03 0.5 0.5 -Neurological -Respi-ratory

Metolachlor 51218-45-2 12000 200000 1.2 0.01 0.01 -Body Weight

Metribuzin 21087-64-9 54 290 2.2 0.8 0.8 -Kidney -Liver

Metsulfuron, methyl [seeAlly]

Mevinphos 7786-34-7 18 270 0.01 0.0003 0.0003 -Neurological

MIBK [see Methyl isobutylketone]

Molinate 2212-67-1 120 1300 0.1 0.1 0.1 -Reproductive

Molybdenum 7439-98-7 440 11000 *** NA NA -Gout

MTBE [see Methyl tert-butyl ether]

Naled 300-76-5 150 2400 0.1 0.0002 0.0002 -Neurological

Naphthalene 91-20-3 55 300 1.2 2.2 2.2 -Nasal

Nickel (b,c) 7440-02-0 340** 35000 130 (k) 11 -Body Weight

Nitrate 14797-55-8 140000 * *** NA NA -Blood

Nitrite 14797-65-0 8700 220000 *** NA NA -Blood

Nitroaniline, m- 99-09-2 21 130 0.01 NA NA -Cancer -Blood

Nitroaniline, o- 88-74-4 24 130 0.1 NA NA -Blood

Nitroaniline, p- 100-01-6 17 96 0.008 5.9 5.9 -Cancer -Blood

Nitrobenzene 98-95-3 18 140 0.02 0.6 0.6 -Adrenals -Blood -Kid-ney -Liver

Nitroglycerin 55-63-0 27 54 0.03 NA NA Cancer -Cardiovascu-lar

Nitrophenol, 4- 100-02-7 560 7900 0.3 0.3 0.3 -None Specified

Nitroso-di-ethylamine, N- 55-18-5 0.003 0.005 0.000001 0.00003 0.00003 -Cancer

Nitroso-dimethylamine, N- 62-75-9 0.009 0.02 0.000003 0.01 0.01 -Cancer

Nitroso-di-n-butylamine,N-

924-16-3 0.05 0.08 0.00009 0.0005 0.0005 -Cancer

Nitroso-di-n-propylamine, N-

621-64-7 0.08 0.2 0.00005 0.005 0.005 -Cancer

Nitroso-diphenylamine, N- 86-30-6 180 730 0.4 0.3 0.3 -Cancer

Nitroso-N-methylethylamine, N-

10595-95-6 0.02 0.04 0.000006 0.0002 0.0002 -Cancer

Nitrotoluene, m- 99-08-1 640 4700 1.4 3.6 3.6 -Spleen

Nitrotoluene, o- 88-72-2 400 3300 0.9 7.3 7.3 -Spleen

Nitrotoluene, p- 99-99-0 750 12000 0.9 7.3 7.3 -Spleen

Nonylphenol 25154-52-3 100 2200 20 14 3.4 -Kidney

Octamethylpyro-phosphoramide

152-16-9 130 1600 0.06 NA NA -Neurological

Oxamyl 23135-22-0 1700 22000 0.9 0.04 0.04 -Body Weight

Paraquat 1910-42-5 340 5500 16 230 230 -Respiratory

Parathion 56-38-2 500 11000 1 0.01 0.01 -Neurological

Parathion, methyl [seeMethyl parathion]

PCBs [or Aroclor mixture] 1336-36-3 0.5 2.6 17 0.002 0.002 -Cancer -Immunolog-ical

PCE [seeTetrachloroethene]

Pebulate 1114-71-2 2000 17000 8.5 7.4 7.4 -Blood

Pendimethalin 40487-42-1 3200 58000 28 1 1 -Liver

Pentachlorobenzene 608-93-5 45 480 3.9 1.2 1.2 -Kidney -Liver

Pentachloronitrobenzene 82-68-8 3.3 12 0.2 0.03 0.03 -Cancer -Liver

Pentachlorophenol 87-86-5 7.2 28 0.03 0.2 0.2 -Cancer -Kidney-Liver

Permethrin 52645-53-1 4200 96000 2500 0.007 0.007 -Liver

Phenanthrene 85-01-8 2200 36000 250 NA NA -Kidney

Phenmedipham [orBetanal]

13684-63-4 21000 450000 150 18 18 -None Specified

Phenol 108-95-2 500** 220000 0.05 0.03 0.03 -Developmental


3370Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Phenylenediamine, m- 108-45-2 360 4000 0.2 NA NA -Liver

Phenylenediamine, o- 95-54-5 17 54 0.004 NA NA -Cancer

Phenylenediamine, p- 106-50-3 12000 160000 6.2 NA NA -Whole Body

Phenylphenol, 2- 90-43-7 490 2100 0.4 0.8 0.8 -Cancer

Phorate 298-02-2 16 320 0.3 0.001 0.001 -Neurological

Phosmet 732-11-6 1600 33000 5 0.004 0.004 -Liver -Neurological

Phthalic acid, p- 100-21-0 8000 45000 110 NA NA -Bladder

Phthalic anhydride 85-44-9 11000 63000 76 NA NA -Kidney -Nasal -Res-piratory

Polychlorinated dibenzo-p-dioxins [see Dioxins]

Prometon 1610-18-0 1200 23000 2.4 14 14 -None Specified

Prometryn 7287-19-6 320 6100 0.7 0.5 0.5 -Bone Marrow -Kid-ney -Liver

Propachlor 1918-16-7 990 17000 1.1 0.1 0.1 -Liver

Propanil 709-98-8 390 6700 0.4 0.2 0.2 -Spleen

Propazine 139-40-2 1600 28000 0.2 2.7 2.7 -Body Weight

Propionic acid, 2-(2-methyl-4-chlorophenoxy)[or MCPP]

93-65-2 64 800 0.03 NA NA -Kidney

Propoxur [see Baygon]

Propylbenzene, n- 103-65-1 340 1900 12 NA NA

Propylene glycol 57-55-6 * * 560 140 140 -Blood -Bone Marrow

Propylene glycolmonomethyl ether

107-98-2 38000 390000 20 NA NA -Kidney -Liver -Neu-rological

Propylene oxide 75-56-9 3.1 9.3 0.0006 NA NA -Cancer -Nasal -Res-piratory

Pydrin [or Fenvalerate] 51630-58-1 2100 46000 70 0.0001 0.0001 -Neurological

Pyrene 129-00-0 2400 45000 880 1.3 1.3 -Kidney

Pyridine 110-86-1 20 130 0.03 5.4 5.4 -Liver

Quinoline 91-22-5 0.3 1.3 0.0009 NA NA -Cancer

RDX [see Hexahydro-1,3,5-trinitro-1,3,5-triazine]

Resmethrin 10453-86-8 2500 56000 1200 0.01 0.01 -Reproductive

Ronnel 299-84-3 4200 88000 1300 0.2 0.2 -Liver

Roundup [see Glyphosate]

Selenium (b,c) 7782-49-2 440 11000 5.2 0.5 7.4 -Hair Loss -Neurolog-ical -Skin

Sevin [see Carbaryl]

Silver (b) 7440-22-4 410 8200 17 0.01 0.06 -Skin

Silvex [seeTrichlorophenoxy propionicacid]

Simazine 122-34-9 7.8 35 0.08 0.1 0.1 -Cancer -Blood

Strontium 7440-24-6 52000 * *** NA NA -Bone

Strychnine 57-24-9 23 380 0.02 0.3 0.3 -Mortality

Styrene 100-42-5 3600 23000 3.6 16 16 -Blood -Liver -Neuro-logical

TCDD, 2,3,7,8- [see Diox-ins, as total 2,3,7,8-TCDDequivalents]

TCE [see Trichloroethene]

Temik [see Aldicarb]

Terbacil 5902-51-2 920 14000 0.5 14 14 -Liver -Thyroid

Terbufos 13071-79-9 1.9 29 0.02 0.001 0.001 -Neurological

Terbutryn 886-50-0 88 2200 0.2 0.09 0.09 -Blood

Tetrachlorobenzene,1,2,4,5-

95-94-3 12 100 0.5 0.4 0.4 -Kidney

Tetrachloroethane, 1,1,1,2- 630-20-6 2.9 4.3 0.01 NA NA -Cancer -Kidney-Liver

Tetrachloroethane, 1,1,2,2- 79-34-5 0.7 1.2 0.001 0.08 0.08 -Cancer -Liver

Tetrachloroethene [or PCE] 127-18-4 8.8 18 0.03 0.1 0.1 -Cancer -Liver

Tetrachlorophenol, 2,3,4,6- 58-90-2 2100 30000 3.2 0.07 0.07 Liver

Tetraethyldithiopyrophosphate

3689-24-5 35 510 0.1 0.0004 0.0004 -Bone Marrow -Neu-rological


3371Supp. No. 58


Contaminants CAS#



WaterMarine Surface

Water


or Effects#

Thallium 7440-28-0 6.1 150 2.8 9 9 -Hair Loss -Liver

Thiobencarb 28249-77-6 810 16000 2.9 NA NA -Kidney

Thiram 137-26-8 400 7700 1.1 0.005 0.005 -Neurological

Tin 7440-31-5 47000 880000 *** NA NA -Kidney -Liver

Toluene 108-88-3 7500 60000 0.5 5.6 5.6 -Kidney -Liver -Neu-rological

Toluene diisocyanate, 2,4/2,6-mixture

26471-62-5 1.3 15 NA NA NA -Respiratory

Toluidine, p- 106-49-0 2.2 4.5 0.0009 NA NA -Cancer

Toxaphene 8001-35-2 0.9 4.5 31 0.002 0.002 -Cancer -Developmen-tal

Triallate 2303-17-5 980 16000 8.4 6 6 -Liver -Spleen

Tributyltin oxide 56-35-9 25 570 7.6 0.2 0.2 -Immunological

Trichloro-1,2,2-trifluoroethane, 1,1,2- [orCFC 113]

76-13-1 18000 96000 11000 NA NA -Neurological

Trichloroacetic acid 76-03-9 770 8800 0.04 400 400 -None Specified

Trichlorobenzene, 1,2,3- 87-61-6 650 8200 4.6 5.6 5.6 -Adrenals

Trichlorobenzene, 1,2,4- 120-82-1 660 8500 5.3 1.7 1.7 -Adrenals

Trichlorobenzene, 1,3,5- 108-70-3 260 2300 16 NA NA -None Specified

Trichloroethane, 1,1,1- [orMethyl chloroform]

71-55-6 730 3900 1.9 2.6 2.6 -None Specified

Trichloroethane, 1,1,2- 79-00-5 1.4 2 0.03 0.09 0.09 -Cancer -Liver

Trichloroethene [or TCE] 79-01-6 6.4 9.3 0.03 0.9 0.9 -Cancer -None Speci-fied

Trichlorofluoromethane 75-69-4 270 1500 33 NA NA -Cardiovascular -Kid-ney -Respiratory

Trichlorophenol, 2,4,5- 95-95-4 7700 130000 0.07 1.5 1.5 -Kidney -Liver

Trichlorophenol, 2,4,6- 88-06-2 70 230 0.06 0.1 0.1 -Cancer

Trichlorophenoxy aceticacid, 2,4,5-

93-76-5 690 9500 0.4 0.8 0.8 -Kidney

Trichlorophenoxy propionicacid, 2, (2,4,5-) [or Silvex]

93-72-1 660 14000 5.4 NA NA -Liver

Trichloropropane, 1,1,2- 598-77-6 76 460 0.3 NA NA -Kidney -Liver -Thy-roid

Trichloropropane, 1,2,3- 96-18-4 0.06 0.1 0.0001 0.001 0.001 -Cancer -Kidney-Liver

Trichloropropene, 1,2,3- 96-19-5 18 98 0.4 NA NA -Eye

Triethylamine 121-44-8 41 270 NA NA NA -Nasal

Trifluralin 1582-09-8 92 280 3.6 0.2 0.2 -Cancer -Blood -Liver

Trimethyl phosphate 512-56-1 19 57 0.004 NA NA -Cancer

Trimethylbenzene, 1,2,3- 526-73-8 18 96 0.3 NA NA -None Specified

Trimethylbenzene, 1,2,4- 95-63-6 18 95 0.3 7.2 7.2 -None Specified

Trimethylbenzene, 1,3,5- 108-67-8 15 80 0.3 6.7 6.7 -None Specified

Trinitrobenzene, 1,3,5- 99-35-4 2000 26000 1 0.09 0.09 -Blood -Spleen

Trinitrophenyl-methylnitramine

479-45-8 790 15000 1.4 NA NA -Kidney -Liver -Spleen

Trinitrotoluene, 2,4,6- 118-96-7 28 97 0.006 0.3 0.3 -Cancer -Liver

Trithion [seeCarbophenothion]

TRPH NOCAS 460 2700 340 340 340 -Multiple EndpointsMixed Contaminants

Uranium, soluble salts 7440-61-1 110 820 *** NA NA -Kidney

Vanadium (b) 7440-62-2 67** 10000 980 NA NA -Hair Loss

Vernam 1929-77-7 51 510 0.1 0.2 0.2 -Body Weight

Vinyl acetate 108-05-4 320 1700 0.4 3 3 -Kidney -Nasal

Vinyl chloride (i) 75-01-4 0.2 0.8 0.007 0.02 0.02 -Cancer -Liver

Xylenes, total 1330-20-7 130 700 0.2 3.9 3.9 -Neurological

Zinc (b,c) 7440-66-6 26000 630000 *** (k) *** -Blood

Zinc phosphide 1314-84-7 26 660 *** NA NA -Body Weight

Zineb 12122-67-7 4100 82000 19 0.7 0.7 -Thyroid

CTLs are expressed in units of mg/kg (ppm) on a dry weight basis and rounded to twosignificant figures if >1 and to one significant figure if <1.


3372Supp. No. 58

# = These default Target Organ(s)/Systems or Effects are those reported to occur at the dosesused to derive the referenced dose. Non-default Target Organ(s)/Systems or Effects may bejustified through a detailed toxicological analysis of the chemicals present at a specific site.

* Contaminant is not a health concern for this exposure scenario.

** Direct exposure value based on acute toxicity considerations. This criterion is applicablein scenarios where children might be exposed to soils (e.g. residences, schools, playgrounds).

*** Leachability values may be derived using the SPLP Test to calculate site-specific SCTLsor may be determined using TCLP in the event oily wastes are present.

## = Site concentrations for carcinogenic polycyclic aromatic hydrocarbons shall beconverted to Benzo(a)pyrene equivalents before comparison with the appropriate directexposure SCTL for Benzo(a)pyrene using the approach described in the DERM TechnicalReport: Development of Cleanup Target Levels (CTLs) for Chapter 24, of the Code ofMiami-Dade County (September 2005).

(a) = See discussion on the development of SCTLs for Ammonia in the DERM TechnicalReport: Development of Cleanup Target Levels (CTLs) for Chapter 24 of the Code ofMiami-Dade County (September 2005).

(b) = Leachability values derived from USEPA Soil Screening Guidance (1996). These valueswere derived assuming soil pH 6.8. These leachability values are dependent upon both themetal concentration in soil and soil characteristics. Thus, if site-specific soil characteristicsare different than the defaults, these leachability values may not apply. If this is the case,site-specific leachability values may be derived using methods such as TCLP or SPLP.

(c) = Phytotoxicity must be considered.

(d) = Residential direct exposure value from USEPA Revised Interim Soil Guidance forCERCLA Sites and RCRA Corrective Action Facilities. OSWER Directive 9355.4-12 (1994).The industrial direct exposure value was derived using methodologies set forth in USEPA"Recommendations of the Technical Review Workgroup for Lead for an Interim Approach toAssessing Risks Associated with Adult Exposures to Lead in Soil', December 1996; and in'Blood Lead Concentrations of U.S. Adult Females: Summary Statistics from Phases 1 and2 of the NHANES III', March 2002.

(e) = The SCTL for Dioxins, as total 2,3,7,8-TCDD equivalents should be compared to thetotal dioxin equivalents for chlorinated dioxin and dibenzofuran congeners using theapproach described in the DERM Technical Report: Development of Cleanup Target Levels(CTLs) for Chapter 24 of the Code of Miami-Dade County (September 2005).

(f) = The common name BHC is a misnomer for hexachlorocyclohexane.

(g) = Unless concentratons for both chromium III and VI are known, total chromiumconcentrations may be compared with direct exposures SCTLs for chromium VI.

(h) = Residential chronic SCTL for cadmium shall be used as a not-to-exceed value becausethe residential chronic SCTL for cadmium is indistinguishable from the SCTL based onacute toxicity.

(i) = Residential chronic SCTL for vinyl chloride calculated by adding prorated andnon-prorated risks, as discussed in the DERM Technical Report: Development of CleanupTarget Levels (CTLs) for Chapter 24 of the Code of Miami-Dade County (September 2005).

(j) = 12789-03-6 or 57-74-9

(k) = Hardness-dependent fresh surface water CTLs shall be calculated using the site-specific hardness prior to calculating the leachcability based upon fresh surface water CTLsor comparing the SPLP leachate concentrations.


3373Supp. No. 58

None Specified = Target organ(s) not determined.

NA = Not available.

3. For contaminants not listed inSection 24-44(2)(f)(v), CTLs shallbe established as set forth inSection 24-44(2)(f)(i) and Sec-tion 24-44(2)(f)(ii). The CTLscalculated pursuant to Section24-44(2)(f)(v)3. shall be pro-vided in a technical report ap-proved by the Director or theDirector's designee.

(g) All technical plans, reports, proposals, orstudies shall be submitted by the party orparties responsible for SRAs in accor-dance with the written orders of the Di-rector, or the Director's designee, or as setforth herein. The Director, or the Director'sdesignee, shall review each technical plan,report, proposal, or study and approve,approve with modifications or disapprovethe aforesaid in writing within sixty (60)calendar days from receipt of the submit-tal.

To facilitate a phased risk-based assess-ment process that is iterative and thattailors site rehabilitation actions to site-specific conditions, the party or partiesresponsible for SRAs may submit to theDepartment for approval a proposal toestablish applicable exposure factors anda risk management approach based uponland use at the site pursuant to the re-quirements set forth in Section 24-44(2)(k)(ii) and Section 24-44(2)(l)(ii).

(h) Site rehabilitation actions shall neitherbe, nor reasonably be expected to be, asource of pollution, as herein defined, orcause, or reasonably be expected to cause,a nuisance as defined in Section 24-5,Section 24-27 or Section 24-28.

(i) Emergency response actions may be per-formed without prior approval from theDirector, or the Director's designee, pro-vided that these actions do not cause anyadverse effects upon human health, pub-lic safety or the environment. The party

or parties responsible for SRAs and per-forming the emergency response actionsshall notify the Director, or the Director'sdesignee, within 24 hours of the commence-ment of any such emergency responseactions.

(j) Point of compliance, notification, sourceremoval, and assessment procedures shallbe as follows:

(i) The sampling points to determinecompliance with Section 24-44(2) shallbe as set forth in Section 24-44.1herein. However, contamination mayexist beyond the property boundarywhile clean-up, including natural at-tenuation in conjunction with appro-priate monitoring, is proceeding.

(ii) When contamination exists beyondthe property boundary of the sitefrom which SRAs have been initi-ated the party or parties responsiblefor SRAs shall commence notifica-tion in accordance with the follow-ing:

1. Laboratory analytical results,which comply with appropriatequality assurance protocols pur-suant to Chapter 62-160, F.A.C.,that document the off-site con-tamination, shall be submittedto the Department no later thanten (10) calendar days from thedate that the laboratory analy-ses are completed. A site sketchshall be submitted along withthe laboratory analytical datawhich indicates the locationswhere the samples were ob-tained that resulted in the con-firmation of the contamination.

2. The property owners, residents,and tenants of any propertyonto or into which the contam-ination extends shall be noti-fied within sixty (60) calendar


3374Supp. No. 58

days of the approval of the siteassessment report. Notificationshall include, but not be lim-ited to, the following type ofinformation: the type of contam-inant and site remedy selected,a description of the location ofthe subject site, the name andaddress of the party or partiesresponsible for SRAs, and thename of a Department contact.Persons receiving notice shallhave thirty (30) calendar daysupon receipt of the notice tocomment on the assessment andthe site remedy selected. Noth-ing herein shall preclude anypersons from initiating a civilaction as a result of said con-tamination.

(iii) Prior to site closure as set forth inSection 24-44(2)(k), source removalof free product and soil saturatedwith contaminants or free product isrequired, unless demonstratedthrough a feasibility study approvedby the Director, or the Director'sdesignee, that the source removal isneither cost effective nor technicallyfeasible. Source removal of free prod-uct from a new discharge shall beinitiated as soon as possible but, inany event, no later than seven (7)calendar days after the discovery offree product. Source removal of freeproduct from a previous dischargeshall be initiated in accordance withthe written orders of the Director, orthe Director's designee, or thetimeframes set forth in a source re-moval plan approved by the Directoror the Director's designee.

Source removal of contaminated soilsand saturated soils by excavationmay be implemented at any timeupon prior written notification bythe party or parties responsible forSRAs to the Director or the Director'sdesignee. Such notification shall be

submitted to the Department at leastthree (3) calendar days prior to per-forming the source removal by exca-vation. Excavated soils shall be dis-posed of in accordance with 40 CFR261, 40 CFR 761, Chapter 62-701,F.A.C., Chapter 62-713, F.A.C., andany other applicable federal, stateand local regulations. A source re-moval report shall be submitted tothe Department within sixty (60)calendar days of completion of thesource removal. The source removalreport shall describe all activitiesperformed during the source re-moval including all analytical re-sults as well as all disposal mani-fests.

When excavated soil is temporarilystored or stockpiled on site, the soilshall be secured in a manner whichprevents human exposure to contam-inated soil and prevents soil expo-sure to conditions which may facili-tate the spread of contamination.Any excavation shall be secured toprevent accidental or intentional en-try by the public and shall complywith applicable federal, state andlocal regulations. Contaminated soilsmay be stored on site for ninety (90)calendar days, unless otherwise or-dered by the Director or the Director'sdesignee. Prior to the expiration ofthe ninety (90) calendar day period,the soils shall be disposed of in ac-cordance with this section.

(iv) The site assessment report shall in-clude, but not be limited to: an in-vestigation of the source(s) of con-tamination; an identification of thetypes of contaminants present; a de-termination of the extent and degreeof contamination in all media whichare impacted; a determination of thephysical and environmental condi-tions and characteristics of the siteand the underlying aquifer(s), if ap-plicable; an identification of poten-


3375Supp. No. 58

tial human and environmental recep-tors; and an evaluation of the currentexposure and potential risk of expo-sure to those identified receptors.Groundwater sampling shall be per-formed less than two hundred sev-enty (270) calendar days before thesubmittal of the site assessment re-port.

The summary and conclusions of the ap-proved site assessment report shall pro-pose one of the following: no further ac-tion, no further action with conditions,monitoring only, risk assessment, or aremedial action plan.

(k) Site closure, in the form of a no furtheraction or a no further action with condi-tions, shall be approved by the Director,or the Director's designee, when the CTLsor alternative CTLs established pursuantto Section 24-44(2)(f)(iii) and the require-ments set forth in this section have beenachieved.

(i) A no further action proposal shall beapproved by the Director, or theDirector's designee, if such proposaldemonstrates that human health,public safety and the environmentare protected and the following cri-teria are met:

1. Concentrations of contaminantsdetected in soil shall not exceedthe lower of the direct exposureresidential soil CTLs or the ap-plicable leachability-based soilCTLs set forth in Section 24-44(2)(f)(v)(ii).

The applicable leachability-based soil CTLs shall be thegroundwater leachability-basedCTLs. If surface waters are, orare reasonably expected to be,affected by contaminatedgroundwater, as demonstratedusing monitoring well data,groundwater flow rate and di-rection, or fate and transportmodeling, then the applicable

leachability-based soil CTLsshall be the lower of the ground-water or the applicable fresh-water or marine surface waterleachability-based CTLs.

Notwithstanding the foregoingprovisions of Section 24-44(2)(k)(i)1, alternative residen-tial direct exposure and leach-ability-based CTLs may beproposed in accordance with theprocedures set forth in Section24-44(2)(f)(iii)3. and Section 24-44(2)(f)(iii)4.

2. Concentrations of contaminantsdetected in groundwater shallnot exceed the groundwaterCTLs set forth in Section 24-44(2)(f)(v)1.

If surface waters are, or arereasonably expected to be, af-fected by contaminated ground-water, as demonstrated usingmonitoring well data, ground-water flow rate and direction,or fate and transport modeling,then the groundwater CTLsshall be the lower of the ground-water CTLs or the applicablefreshwater or marine surfacewater CTLs set forth in Section24-44(2)(f)(v)1.

3. Concentrations of contaminantsdetected in surface water shallnot exceed the applicable fresh-water or marine surface waterCTLs set forth in Section 24-44(2)(f)(v)1.

Nothing herein shall supersedethe rules governing Outstand-ing Florida Waters, aquatic pre-serves, areas of critical stateconcern and any other rulesadopted pursuant to Section403.061(34), Florida Statutes.

4. It is demonstrated that contam-inants in sediments are not de-tected in concentrations, quan-tities, properties, levels or


3376Supp. No. 58

accumulations which are, or arereasonably expected to be, inju-rious to human, plant, animal,fish and other aquatic life, orproperty. This demonstrationmay be based, as applicable, onthe Threshold Effects Levelspublished in the FDEP's guide-line "Approach to the Assess-ment of Sediment Quality inFlorida Coastal Waters" (datedNovember 1994), site specificbioassays, a site-specific riskassessment developed in accor-dance with Section 24-44(2)(1)(ii), or a combinationthereof.

5. If more than one contaminantis present or contamination ispresent in more than one (1)medium, the human health-based CTLs shall be adjustedto achieve the following: for non-carcinogenic compounds affect-ing the same organ(s), the haz-ard index (sum of the hazardquotients) shall be one (1) orless; and for carcinogens, thecumulative lifetime excess can-cer risk level (sum of the life-time excess cancer risk levelsfor each carcinogenic contami-nant) shall be 1.0E-06 or less.

(ii) A no further action with conditionsproposal shall be approved by theDirector, or the Director's designee,provided the following: the propertyowner of the location elects to imple-ment institutional and, if applicable,engineering controls; it is demon-strated, using site-specific data, mod-eling results, risk assessment stud-ies, risk reduction techniques or acombination thereof, that humanhealth, public safety and the envi-ronment are afforded protectionequivalent to that provided in Sec-

tion 24-44(2)(f)(i) and Section 24-44(2)(f)(ii); and the following criteriaare met:

1. For contaminants detected insoil, a proposal for alternativesoil CTLs shall be submitted tothe Department and shallachieve one of the following ora combination of the following:

a. Concentrations of contam-inants detected in soil shallnot exceed the lower ofthe industrial direct expo-sure soil CTLs set forth inSection 24-44(2)(f)(v)2. orthe applicable leachability-based soil CTLs, set forthin Section 24-44(2)(f).

The applicable leachabili-ty-based soil CTLs shallbe the groundwater leach-ability-based CTLs or al-ternative groundwaterleachability-based CTLsderived in accordance withSection 24-44(2)(k)(ii)1cand Section 24-44(2)(k)(ii)2. If surface wa-ters are, or are reasonablyexpected to be, affected bycontaminated groundwa-ter, as demonstrated us-ing monitoring well data,groundwater flow rate anddirection, or fate and trans-port modeling, then theapplicable leachability-based soil CTLs shall bethe lower of the groundwa-ter or the applicable fresh-water or marine surfacewater leachability-basedCTLs.

If a marine surface wateris, or is reasonably ex-pected to be, affected bycontaminated groundwa-ter, and no other propertyor fresh surface water bod-


3377Supp. No. 58

ies are located between thesource property boundaryand the marine surface wa-ter body and the ground-water on-site is not uti-lized, then the applicableleachability-based soilCTLs shall be the marinesurface water leachability-based soil CTLs.

Notwithstanding the fore-going provisions of Sec-tion 24-44(2)(k)(ii)1a, al-ternative industrial directexposure and leachability-based CTLs may be pro-posed in accordance withthe procedures set forth inSection 24-44(2)(f)(iii)3 andSection 24-44(2)(f)(iii)4. Inaddition, the applicableleachability-based soilCTLs may be exceeded ifit is demonstrated usinggroundwater monitoringdata supported, if required,by site-specific modeling,that contaminants will notleach into groundwater atconcentrations which ex-ceed the applicable ground-water CTLs. The ground-water monitoring datashall be compiled for a min-imum period of one (1) yearand shall include four (4)quarterly sampling events.

b. Concentrations of contam-inants may exceed the soilCTLs if an engineeringcontrol, approved by theDirector, or the Director'sdesignee, in conjunctionwith the institutional con-trol, is utilized to elimi-nate or control contami-nant exposure andmigration such that hu-man health, public safetyand the environment are

afforded protection equiv-alent to that provided inSection 24-44(2)(f)(i) andSection 24-44(2)(f)(ii).

c. Concentrations of contam-inants detected in soil shallnot exceed the alternativesoil CTLs derived in accor-dance with Section 24-44(2)(f)(iii) and Section 24-44(2)(1)(ii).

2. For contamination detected ingroundwater, a proposal for al-ternative groundwater CTLsshall be submitted to the De-partment and shall provide thefollowing:

a. A complete evaluation ofthe current and projecteduse of the affected ground-water and documentationthat the following condi-tions have been met:

(1) Source removal iscompleted as set forthin Section 24-44(2)(j)(iii).

(2) Groundwater con-tamination is not mi-grating away from alocalized source.

(3) Groundwater concen-trations at the prop-erty boundary, as de-termined bygroundwater moni-toring data sup-ported, if required, bysite-specific model-ing, do not, and arenot reasonably ex-pected to, exceed thegroundwater CTLsset forth in Section24-44(2)(f)(v)1. Thegroundwater moni-toring data shall becompiled for a mini-mum period of one


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(1) year and shall in-clude four (4) quar-terly samplingevents.

If surface waters are, orare reasonably expected tobe, affected by contami-nated groundwater, asdemonstrated using mon-itoring well data, ground-water flow rate and direc-tion, or fate and transportmodeling, then the ground-water CTLs shall be thelower of the groundwaterCTLs or the applicablefreshwater or marine sur-face water CTLs set forthin Section 24-44(2)(f)(v)1.

If a marine surface wateris, or is reasonably ex-pected to be, affected bycontaminated groundwa-ter, and no other propertyor fresh surface water bod-ies are located between thesource property boundaryand the marine surface wa-ter body and the ground-water on-site is not uti-lized, then thegroundwater CTLs shallbe the marine surface wa-ter CTLs.

b. If there is a receptor whichmay potentially be exposedto on-site groundwater andsuch exposure has not beeneliminated by the imple-mentation of institutionaland, if applicable, engi-neering controls, then con-centrations of contami-nants detected ingroundwater shall not ex-ceed the alternativegroundwater CTLs derivedin accordance with Sec-tion 24-44(2)(f)(iii) and Sec-tion 24-44 (2)(1)(ii).

3. Concentrations of contaminantsdetected in surface water shallnot exceed the applicable fresh-water or marine surface waterCTLs set forth in Section 24-44(2)(f)(v)1.Nothing herein shall supersedethe rules governing Outstand-ing Florida Waters, aquatic pre-serves, areas of critical stateconcern and any other rulesadopted pursuant to Section403.061(34), Florida Statutes.

4. It is demonstrated that contam-inants in sediments are not de-tected in concentrations, quan-tities, proportions, levels oraccumulations which are, or arereasonably expected to be, inju-rious to human, plant, animal,fish and other aquatic life, orproperty. This demonstrationmay be based, as applicable, onthe Threshold Effects Levelspublished in the FDEP's guide-line "Approach to the Assess-ment of Sediment Quality inFlorida Coastal Waters" (No-vember 1994), site specific bioas-says, a site-specific risk assess-ment developed in accordancewith Section 24-44(2)(l)(ii), or acombination thereof.

5. If more than one (1) contami-nant is present or contamina-tion is present in more thanone (1) media, the humanhealth-based CTLs or alterna-tive human health-based CTLsshall be adjusted to achieve thefollowing: for non-carcinogeniccompounds affecting the sameorgan(s), the hazard index (sumof the hazard quotients) shallbe one (1) or less; and for car-cinogens, the cumulative life-time excess cancer risk level(sum of the lifetime excess can-cer risk levels for each carcino-genic contaminant) shall be1.0E-06 or less.


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6. The property owner of the loca-tion at which site rehabilita-tion actions are being conductedelects to implement an institu-tional and, if applicable, engi-neering control to eliminate orcontrol exposure of human andenvironmental receptors to con-taminants. When an engineer-ing control is used in conjunc-tion with institutional controls,an engineering control plan shallbe submitted to the Depart-ment. The engineering controlplan shall provide details of thedesign and construction of theengineering control and shalldemonstrate that the engineer-ing control is effective, reliableand capable of being monitoredand maintained.

The no further action with con-ditions proposal shall include acopy of the proposed institu-tional control, in a form pre-scribed by the Director, or theDirector's designee, and ap-proved by the Board of CountyCommissioners, with site-spe-cific closure conditions. Uponwritten approval by the Direc-tor, or the Director's designee,of the institutional control and,if applicable, the engineeringcontrol plan, the institutionalcontrol shall be recorded in thepublic records of Miami-DadeCounty. A copy of the recordedinstrument shall be submittedto the Department and the en-gineering control, if applicable,shall be implemented prior toapproval of the no further ac-tion with conditions proposal.

Upon demonstration to the sat-isfaction of the Director, or theDirector's designee, by the partyor parties responsible for SRAsthat institutional and, if appli-cable, engineering controls are

no longer required because theconditions set forth in Section24-44(2)(k)(i) have beenachieved, the Director, or theDirector's designee, shall re-lease the institutional control.

7. An operating permit in accor-dance with Section 24-18 shallbe required for all sites for whichsite rehabilitation actions havebeen completed in accordancewith the provisions set forth inSection 24-44(2)(k)(ii). The Di-rector, or the Director's desig-nee, shall approve, deny, or ap-prove with conditions,restrictions or limitations anyapplication for an operating per-mit.

(l) For sites which do not qualify for siteclosure in accordance with Section 24-44(2)(k), one (1) of the following, or acombination of the following, shall be sub-mitted for approval by the Director, or theDirector's designee, to achieve site closurepursuant to Section 24-44(2)(k): a moni-toring only plan, a risk assessment re-port, or a remedial action plan.

(i) The monitoring only plan:

1. The monitoring only plan fornatural attenuation shall in-clude, but shall not be limitedto, an evaluation of the contam-inant plume history, site condi-tions and aquifer chemical char-acteristics to demonstrate thatthe applicable CTLs will be at-tained in accordance with theapproval by the Director, or theDirector's designee, and thatmonitoring only is the most cost-effective remedial approach. Themonitoring period shall be aminimum of one (1) year, un-less two (2) consecutive quar-terly samplings have indicatedthat applicable CTLs have beenmet. The monitoring only planshall also demonstrate that hu-


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man health, public safety, andthe environment will be pro-tected. Upon completion of theapproved monitoring, a pro-posal for a no further action, ano further action with condi-tions, an extension of the mon-itoring only plan, risk assess-ment, or a remedial action plan,in accordance with the require-ments herein, shall be submit-ted to the Department.

2. The monitoring only plan toverify that compliance with theapproved remedial action as setforth in Section 24-44(2)(l)(iii)has been achieved shall be for aminimum of a one (1) year pe-riod and shall include four (4)quarterly sampling events. How-ever, if contamination was onlypresent in the unsaturated zoneduring the site assessment andremediation tasks, only onegroundwater sampling event ap-proved by the Director, or theDirector's designee, shall be re-quired. Upon completion of theapproved monitoring, a pro-posal for a no further action, ano further action with condi-tions, an extension of the mon-itoring only plan, risk assess-ment, or a remedial action planmodification, in accordance withthe requirements herein, shallbe submitted to the Depart-ment for approval.

(ii) The risk assessment shall include,but shall not be limited to, a humanand environmental exposure assess-ment, toxicity assessment, cumula-tive risk characterization, and sup-porting documentation for thedevelopment of alternative CTLs. Al-ternative health-based CTLs shallbe calculated using the risk equa-tions set forth in the DERM Techni-cal Report: "Development of Clean-up

Target Levels (CTLs) for Chapter 24of the Code of Miami-Dade County,Florida" (dated September, 2005), andsite-specific exposure scenarios andinput parameters. Upon approval ofthe risk assessment, a proposal for ano further action, no further actionwith conditions, monitoring only planfor natural attenuation or remedialaction, in accordance with the re-quirements herein, shall be submit-ted to the Department.

(iii) The remedial action plan shall in-clude, but not be limited to, all sup-porting documentation for the reme-dial technique proposed to achieveCTLs or alternative CTLs, or to qual-ify for natural attenuation in allcontaminated media. Groundwatersampling shall be performed less thantwo hundred seventy (270) calendardays before the submittal of the re-medial action plan to the Depart-ment. Detailed technical documenta-tion shall be provided for all elementsof the proposed remedial process.Pilot testing may be required to sup-port the design. A monitoring sched-ule shall be included to evaluate theperformance of the clean-up. Withinone hundred twenty (120) calendardays after the approval of the reme-dial action plan, the approved reme-dial action plan shall be imple-mented and record drawings of theoperating remedial system shall besubmitted. Upon achieving the CTLsor alternative CTLs, or qualifyingfor natural attenuation in all contam-inated media, a monitoring only plan,prepared in accordance with the re-quirements set forth in Section 24-44(2)(l)(i), shall be submitted to theDepartment.

If implementation of the approvedremedial action plan does not achievethe CTLs or alternative CTLs, ordoes not qualify for natural attenu-ation in all contaminated media a


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proposal for a monitoring only planfor natural attenuation, a risk assess-ment, or a remedial action plan mod-ification, in accordance with the re-quirements herein, shall be submittedto the Department.

(m) All sampling and analyses shall be per-formed in accordance with Chapter 62-160, F.A.C., Quality Assurance. Reportssubmitted to the Department which con-tain analytical data shall include, at aminimum, the following: original labora-tory reports which include all informationrequired in Chapter 62-160.670, F.A.C.;copies of the completed chain of custodyrecords; copies of the completed watersampling log forms; and results fromscreening tests or on-site analyses.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-34,§§ 1—8, 3-7-06; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-44.1. SRA Compliance Tests.

Sampling points to determine compliance withSection 24-44(2) shall be as follows:

(1) Soil. Soil samples shall be collected fromlocations nearest to the point of entry of acontaminant or contaminants to theground. Additional sampling points maybe required if existing sampling pointsare determined to be inadequate to estab-lish the extent and degree of contamina-tion in the judgment of the Director or theDirector's designee. Sampling point loca-tions and the number of samples requiredshall be established in accordance withthe requirements set forth in Section 24-44(2)(j)(iv).

(2) Groundwater. Groundwater samples shallbe collected from groundwater monitoringwells nearest to the point of entry of acontaminant or contaminants into thegroundwater. Additional test wells maybe required to be installed and main-tained if existing sampling points are de-termined to be inadequate to establishthe extent and degree of contamination inthe judgment of the Director or theDirector's designee. Sampling point loca-

tions and the number of samples requiredshall be established in accordance withthe requirements set forth in Section 24-44(2)(j)(iv).

If surface waters are, or are reasonablyexpected to be, affected by contaminatedgroundwater, as demonstrated throughgroundwater monitoring well data, ground-water flow rate and direction, or fate andtransport modeling data, groundwater sam-ples shall be collected from groundwatermonitoring wells as close to the ground-water/surface water interface as is physi-cally possible.

(3) Surface Water. Surface water samples shallbe collected nearest to and downstreamfrom the point of entry of a contaminantor contaminants into the surface water.Sampling point locations and the numberof samples required shall be establishedin accordance with the requirements setforth in Section 24-44(2)(j)(iv).

(4) Sediment. Sediment samples shall be col-lected nearest to and downstream fromthe point of entry of a contaminant orcontaminants into the surface water. Sam-pling point locations and the number ofsamples required shall be established inaccordance with the requirements set forthin Section 24-44(2)(j)(iv).

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-44.2. Compliance tests, sampling

points and methods.

COMPLIANCE TESTS. Sampling points to de-termine compliance with Section 24-42, Section24-42.1, Section 24-42.4, Section 24-42.5, Section24-44.1 and Section 24-44.2, except for Section24-44 shall be selected as follows:

(1) Effluents. For compliance with the efflu-ent standards in Section 24-42(2) and thepretreatment standards in Section 24-42.4, the samples shall be taken at thepoint past which no further treatment isgiven by the facility to the waste or in thecase of effluents subject to Federal Pretreat-ment Regulations, at a sampling point as


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determined by the Director or the Director'sdesignee in accordance with the FederalPretreatment Regulations. An outfall lineshall not be considered as further treat-ment. In facilities which have sand filterbeds where the effluent percolates di-rectly into the soil and no approved sam-pling points are provided, the sampleswill be taken before the sand filter and afive (5) percent overall reduction of theeffluent sewage will be allowed.

(2) Sampling stations may be required to beinstalled if reasonable access is not avail-able, as determined by the Director or theDirector's designee.

(3) Surface water and tidal salt water. Thesample for compliance with the waterquality standards of Section 24-42(4) shouldnormally be taken at a point at least fifty(50) feet from the point of discharge of thewaste stream; where possible the samplesshould be taken upstream and down-stream from the point of discharge.

(4) Groundwater. For compliance with Sec-tion 24-42(4) samples shall be taken fromwells nearest to and encircling the pointof entry of a waste stream into the groundwater table. Test wells may be required tobe installed and maintained if existingsampling points are found to be inade-quate in the judgment of the Director orthe Director's designee.

(5) Methods. Determination of plant effi-ciency and percent removal of BOD andsuspended solids shall be based on theaverage of three (3) eight-hour compositesamples taken on three (3) consecutivedays. At least one (1) peak flow periodshould be included in each eight-hourperiod. Composite sampling devices willbe required. Determination of the effluentvalues as set forth in Section 24-42(2) willbe based on individual, not composite,samples. Field testing, sample collectionand preservation, and laboratory testing,including quality control procedures, shallbe in accordance with methods approvedby the Department or as published in the

sixteenth edition of Standard Methods forthe Examination of Water and Wastewa-ter or the following methods:

(a) 40 CFR 136, 49 FR 43234, October26, 1984.

(b) 40 CFR 136, 40 FR 690, January 4,1985.

(c) EPA SW-846 Test Methods for Eval-uating Solid Waste, November, 1986.

(d) EPA-600/4-79-020 Methods for Chem-ical Analysis of Water and Wastes,March, 1979.

(e) EPA Methods 502.1, 502.2, 503.1,504, 505, 507, 508, 515, 524.2, Envi-ronmental Monitoring and SupportLaboratory, September, 1986.

(f) EPA-600/4-85/054 Method 531.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

DIVISION 4. REGULATION OFUNDERGROUND STORAGE FACILITIES,LIQUID WASTE TRANSPORTERS, AND

METAL RECYCLING FACILITIES

Sec. 24-45. Regulation of underground stor-

age facilities.

(1) Legislative intent. The intent and purposeof this section is to safeguard the public health,safety and welfare by regulating undergroundstorage facilities.

(2) Short title; applicability; construction. Thissection shall be known as the "Underground Stor-age Facilities Ordinance." The provisions of thissection shall be effective in the incorporated andunincorporated areas of Miami-Dade County andshall be liberally construed to effect the purposeset forth herein.

(3) Performance Standards For UndergroundStorage Facilities

(a) It shall be unlawful for any person tooperate, maintain, or cause, permit allow,let or suffer the operation or maintenanceof any underground storage facility in-stalled prior to June 2, 1992 without a


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network of groundwater monitoring wellsof design and location approved by theDirector or the Director's designee.

(b) Underground storage facilities installedprior to June 2, 1992 and located in theNorthwest Wellfield protection area, theWest Wellfield Interim protection area,the basic wellfield protection area of anypublic utility potable water supply well orwithin any property served or to be servedby any source of potable water supplyother than a public water supply shallinclude:

(i) A secondary containment system con-sisting of double-walled tanks anddouble-walled piping, and

(ii) A continuous automatic leak detec-tion system approved by the Direc-tor or the Director's designee whichis capable of detecting a leak fromany point in the underground stor-age facility by monitoring the pipingsumps, dispenser liners, and the in-terstices between the following twocomponents:

1. the double walls of the tanksand,

2. between the double walls of thepiping.

(c) It shall be unlawful for any person toinstall, modify, expand, replace, or per-mit, cause, allow, let or suffer the instal-lation, modification, expansion or replace-ment of any underground storage facilityinstalled after June 2, 1992 without com-plying with all of the following:

(i) Installation of a network of ground-water monitoring wells of design andlocation approved by the Director orthe Director's designee prior to in-stallation of said monitoring wells,and

(ii) Installation of a secondary contain-ment system consisting of double-walled tanks and double-walled pip-ing, and

(iii) Installation of a continuous auto-matic leak detection system approvedby the Director or the Director's des-ignee which is capable of detecting aleak from any point in the under-ground storage facility by monitor-ing the piping sumps, dispenser lin-ers, and the interstices between thefollowing two components:

1. the double walls of the tanksand,

2. between the double walls of thepiping.

(iv) Approval of plans by the Director orthe Director's designee in accor-dance with the requirements of Sec-tion 24-15(6) of this Code.

(d) Underground storage facilities installedprior to the effective date of this ordi-nance with flexible liner secondary con-tainment systems approved by the Direc-tor or the Director's designee shall upgradethe existing systems to comply with therequirements set forth herein not laterthan December 31, 2009.

(e) Underground storage facilities installedwith modular, rigid, sealed, impervioushydrocarbon-resistant encasing systemsapproved by the Director or the Director'sdesignee shall upgrade the existing sys-tems to comply with the requirements setforth herein not later than December 31,2009.

(4) Operational Requirements

(a) Release Detection.

(i) The owner or operator of the under-ground storage facility shall be re-sponsible for monthly visual inspec-tions of the groundwater for thepurpose of detecting the presence offree product in each compliance mon-itoring well as required by Section24-45(1) herein.

(ii) The owner or operator of the under-ground storage facility shall main-tain a record of the results of thevisual inspections in the form of an


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on-site inspection log. The monthlyvisual inspection record shall be madeavailable to Department representa-tives for inspection upon request.

(iii) In the event groundwater in the com-pliance monitoring wells of the un-derground storage facility is contam-inated by free product, the owner oroperator of the underground storagefacility shall immediately imple-ment the provisions of Section 24-45(5)(b) of this Code and, cease themonthly visual inspections of themonitoring wells, and shall, withinthirty (30) days from the date of thedetection of free product, implementan alternate method of release detec-tion capable of detecting new re-leases pursuant to the requirementsof Chapter 62-761, Florida Adminis-trative Code. When an alternatemethod of release detection is imple-mented, the owner or operator of theunderground storage facility shallmaintain the approved network ofmonitoring wells, pursuant to therequirements of Section 24-45 of thisCode, in a functional condition andmake them accessible for periodicinspection by Department represen-tatives upon request.

(iv) The owner or operator of under-ground storage facilities operatingwith approved secondary contain-ment systems shall perform monthlyinspections of the continuous auto-matic leak detection system to verifythe proper operation of the system. Arecord of the results of the monthlyinspections shall be maintained onsite and be made available to Depart-ment representatives for inspectionupon request.

(b) Operating Permits. Underground storagefacilities with a capacity greater than onehundred and ten (110) gallons shall ob-tain an operating permit as required bySection 24-18(12) herein. A current andvalid storage tank registration placard

issued by the Florida Department of En-vironmental Protection is hereby deter-mined to satisfy the requirement of ob-taining an operating permit as set forth inSection 24-18(12) of this Code. It shall beunlawful for any person to operate, main-tain or permit, cause, allow, let or sufferthe operation or maintenance of any un-derground storage facility with a capacitygreater than one hundred and ten (110)gallons without an operating permit is-sued in accordance with the requirementsof this Chapter or current storage tankregistration placard issued by the FloridaDepartment of Environmental Protection.

(c) It shall be unlawful for any person tooperate, maintain or permit, cause, allow,let or suffer the operation or maintenanceof any underground storage facility lo-cated within the Northwest Wellfield Pro-tection Area or the West Wellfield InterimProtection Area, except for those under-ground storage facilities that were in-stalled prior to November 15, 1983 andwhich are used exclusively for the retailsale of gasoline, gasohol, or diesel fuel.

(5) Discharges From Underground Storage Fa-

cilities

(a) In the event that a discharge of hazardousmaterials from an underground storagefacility to the environment or into a sec-ondary containment system has occurredor may have occurred, the Departmentshall require the operator or owner of theunderground storage facility, or the ownerof the real property upon which said un-derground storage facility is located, toimmediately investigate and may requiretesting of the underground storage facil-ity and the groundwater and soil in thearea of the underground storage facility.The required investigation shall deter-mine whether the underground storagefacility has discharged or is discharginghazardous materials into the secondarycontainment system of the facility or intothe environment outside of said facility.


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(b) Operators of underground storage facili-ties as well as any persons, individuallyor otherwise, having a legal, beneficial, orequitable interest in the underground stor-age facilities or in the real property uponwhich said underground storage facilitiesare located shall be jointly and severallyliable and responsible for immediatelyaccomplishing the following when the un-derground storage facility has discharged,is discharging or may be discharging anyhazardous materials of any quantity what-soever into the environment outside ofsaid facility:

(i) Locating and determining the causeof the discharge.

(ii) Stopping and preventing any fur-ther discharges.

(iii) Implementing and completing thesite rehabilitation actions for contam-inants in accordance with Section24-44 herein.

(iv) Notify the Department of such dis-charge within twenty-four (24) hoursof any such discharge.

(6) Removal or Abandonment of Underground

Storage Facilities

(a) Unmaintained underground storagefacilities shall be removed from theground and disposed of in accor-dance with state and local laws, rules,and regulations, or abandoned inplace as set forth below within ninety(90) days of discovery by the owneror operator, discovery by Depart-ment representatives of theunmaintained underground storagefacility, or notification of the owneror operator by the Director or theDirector's designee, whichever oc-curs first. Prior to implementation ofsuch removal or abandonment inplace the owner or operator shallsubmit written notification of theproposed removal or abandonmentin place to the Department on De-partment-approved forms. Subse-quent to the written notification, the

owner or operator shall notify theDepartment a minimum of two (2)working days prior to commencingsuch removal or abandonment activ-ities.

(b) The owner or operator shall provideaccess to Department representa-tives to the underground storage fa-cility, excavation, excavated soils, andexposed groundwater for the pur-pose of inspection. If the groundwa-ter table in the excavation is notvisible at the time of inspection, or ifthere is any evidence of ground pol-lution or water pollution, the Depart-ment may require from the owner oroperator of the underground storagefacility the installation of one or moregroundwater monitoring wells or soilborings or both in the area of theexcavation.

(c) It shall be unlawful for any person toabandon in place or permit, cause,allow, let or suffer such abandon-ment in place of any undergroundstorage facility without the prior writ-ten approval of the Director or theDirector's designee The Director orthe Director's designee shall issuehis written approval only if the aban-donment in place is necessary toprotect human health, the environ-ment or the structural integrity ofadjacent buildings. A Tank ClosureAssessment Report (TCAR) preparedin accordance with Florida Depart-ment of Environmental Protectionreference standard entitled "StorageTank System Closure Assessment Re-quirements", Revised April 1998, assame may be amended from time totime, shall be prepared and submit-ted to the Department within sixty(60) days of abandonment in place ofany underground storage facility.

(d) Abandonment in place of an under-ground storage facility shall mean:

(i) installation and sampling of themonitoring wells and soil bor-ings required for the TCAR,and


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(ii) emptying, inerting and clean-ing the interior of the under-ground storage facility, and

(iii) filling the underground storagefacility with a non-shrinking,inert, solid, material approvedby the Department.

(7) Residential Tanks Underground storage fa-cilities with total storage volumes less than 300gallons located at single family residences shallbe exempt from Sections 24-45(3) and (4) herein.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 05-196, §§ 3, 4, 11-3-05; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-46. Regulation of liquid waste trans-

porters.

(1) It shall be unlawful for any person topermit, cause, allow, let or suffer the transporta-tion within Miami-Dade County of any liquidwaste without having a valid liquid waste trans-porter operating permit issued by the Director orthe Director's designee pursuant to Section 24-18.

(2) The Director or the Director's designeeshall approve, deny, or approve with conditions,limitations or restrictions any application for aliquid waste transporter operating permit. Viola-tions of any permit condition, limitation or restric-tion shall constitute a violation of the provisionsof this chapter. The Director or the Director'sdesignee may suspend or revoke a liquid wastetransporter operating permit for failure to complywith any of the provisions of this chapter. Thecriterion for issuance of the operating permitpursuant to this section is compliance with Chap-ter 24 of the Code of Miami-Dade County. Inaddition to the liquid waste transporter operatingpermit, the Director, or the Director's designee,shall issue numbered stickers which shall bevisibly posted on each vehicle permitted to trans-port liquid waste.

(3) All applications for permits issued pursu-ant to this section shall be on a form prescribed bythe Director or the Director's designee and accom-panied by a fee which shall be established byadministrative order of the County Manager andapproved by the Board of County Commissioners.

The permit fee payable hereunder shall bedeposited in a separate county fund and shall beused exclusively by the Department to pay for thecosts of environmental services to and environ-mental regulation of liquid waste transportationin Miami-Dade County, Florida.

(4) All operating permits required by this chap-ter shall be in addition to any other permits,registrations or occupational licenses which maybe required by federal, State or local law. TheDirector, or the Director's designee, in his or herdiscretion, may require conditions, limitations orrestrictions as part of the operating permit if saidconditions, limitations and restrictions are consis-tent with the requirements of this chapter.

(5) Monthly reporting required. All liquid wastetransporters shall submit on a monthly basis tothe Director or the Director's designee, on a formprescribed by the Department all informationrequired by any conditions, limitations or restric-tions which are part of the liquid wastetransporter's operating permit.

(6) Immediate reporting required. Any liquidwaste transporter who causes, permits, lets, al-lows, or suffers any liquid waste accident, liquidwaste spill, or other liquid waste discharge any-where within the boundaries of Miami-DadeCounty, shall immediately report the same to theDepartment.

(7) It shall be unlawful for any liquid wastetransporter to dump, dispose, throw, drain, run,leak or otherwise discharge, or to allow, cause,permit, let, or suffer to be dumped, disposed,thrown, drained, run, leaked or otherwise dis-charged any liquid waste or solid waste into asanitary sewer, any type of manhole, storm sewer,catch basin, french drain, disposal well, soakagepit, solid waste transfer or disposal facility, recy-cling facility, waste oil facility or similar structureor on to or into the ground, or into any of thewaters of this county, or at any other place inMiami-Dade County unless said place is a sewagetreatment plant or industrial waste treatmentplant or a resource recovery and managementfacility approved by the Director or the Director'sdesignee to receive said liquid or solid wastes andunless the liquid waste transporter's operatingpermit authorizes said place for disposal.


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(8) No person shall utilize a liquid waste trans-porter unless the liquid waste transporter has avalid operating permit issued by the Director orthe Director's designee.

(9) The following activities shall be exemptfrom the provisions of this ordinance:

(a) The on site transportation of liquid wasteto a place within the boundaries of aparticular facility, location, property orsite.

(b) The transportation of fully containerizedand hermetically-sealed receptacles ap-proved by the State of Florida Depart-ment of Transportation, provided saidtransportation does not commence or endin Miami-Dade County.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-47. Regulations for the operation of

metal recycling facilities.

The intent and purpose of this section is tosafeguard the public health, safety and welfare bysetting minimum requirements and guidelines forthe operation of metal recycling facilities.

(1) Effective January 1, 1995, no person shallconstruct, utilize, operate, occupy or cause,allow, let, permit or suffer to be con-structed, utilized, operated or occupiedany metal recycling facility unless theperson has obtained the prior writtenapproval of the Director or the Director'sdesignee. The Director or the Director'sdesignee shall issue the Director's or theDirector's designee's written approval onlyif:

(a) All shredder residue or prepared fer-rous scrap which is placed on siteshall be maintained on an impervi-ous area, and

(b) All shredder residue is covered by aroof, or functional equivalent, suffi-cient to prevent stormwater fromcoming in contact with the shredderresidue, or a stormwater manage-ment system approved by the Direc-tor or the Director's designee shall

be in place to contain, properly treat,handle, and dispose of anystormwater coming in contact withthe shredder residue, and

(c) No more than three thousand (3,000)tons of shredder residue shall bemaintained on the property at anygiven time, and

(d) A performance bond in a form accept-able to the Director or the Director'sdesignee is provided in an amount asdetermined by the Director or theDirector's designee which shall notbe less than the disposal cost of thelargest quantity of shredder residueto be stored at the facility.

(2) Effective January 1, 1996, all preparedferrous scrap shall be maintained in anarea which either:

(a) Is covered by a roof, or functionalequivalent, sufficient to preventstormwater from coming in contactwith the shredder residue or pre-pared ferrous scrap, or

(b) Contains a stormwater managementsystem approved by the Director orthe Director's designee to contain,properly treat, handle, and disposeof any stormwater coming in contactwith the shredder residue or pre-pared ferrous scrap.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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ARTICLE IV. NATURAL AND BIOLOGICAL

ENVIRONMENTAL RESOURCES

PERMITTING AND PROTECTION;

REGULATION OF DRAINAGE SYSTEMS

AND STORMWATER MANAGEMENT

DIVISION 1. WORK IN CANAL RIGHTS-OFWAY, TIDAL WATERS, SUBMERGED

BAY-BOTTOM LANDS, AND WETLANDS;DEWATERING; CONSTRUCTION OF

DRAINAGE SYSTEMS

Sec. 24-48. Permit required; exceptions;

work standards; compliance with

work standards, suspension of

permit.

(1) It shall be unlawful for any person toperform work or authorize, allow, suffer or permitwork to be performed in County canal rights-of-way, reservations or easements anywhere in Miami-Dade County, or to trim, cut or alter a mangrovetree anywhere in Miami-Dade County, or to au-thorize, allow, suffer or permit the trimming,cutting or alteration of a mangrove tree anywherein Miami-Dade County, or to fill, dredge or autho-rize, allow, suffer or permit filling or dredging orperform or authorize, allow, suffer or permit anytype of work in, on, over, or upon tidal waters,submerged bay bottom lands, or wetlands any-where in Miami-Dade County, or to perform orauthorize, allow, suffer or permit any work whichresults in harmful obstruction or alteration of thenatural flow of surface waters or substantialreduction in recharge of water to the BiscayneAquifer, or authorize cause, permit, allow, let orsuffer the dewatering of groundwater into anygroundwater, surface water or drainage structureanywhere in Miami-Dade County, or the construc-tion of a drainage system for any non-residentialproject anywhere in Miami-Dade County, withoutfirst having obtained a permit from the Depart-ment. All said work shall conform to minimumstandards set forth in the Code of Miami-DadeCounty, Florida, and the "Permit InformationManual IV" of the South Florida Water Manage-ment District, dated March 19, 1994, as samemay be amended from time to time. This sectionshall not apply to work in treatment facilities or

their ancillary facilities such as, but not limitedto, cooling canals or polishing ponds or to thefollowing projects:

(a) The placement of natural limerock boul-der riprap waterward of an existing sea-wall, bulkhead or unconsolidated shore-line provided that the riprap is placed ona two (2) horizontal to one (1) verticalslope and the riprap does not extend morethan ten (10) feet waterward of the meanhigh water line; provided, however, theDepartment conducts an inspection priorto the placement of the riprap and deter-mines that said placement will not resultin an adverse environmental impact tobenthic communities.

(b) Repair and/or replacement of the deckingor handrails, on an existing dock or pier,limited to their original dimensions.

(c) Repair and/or replacement of the tiebacksystems on an existing seawall or bulk-head, provided that the contractor sub-mits an engineering plan which the De-partment determines meets acceptablestandards for professional engineering de-sign.

(d) Repair and/or replacement of the cap ofan existing seawall or bulkhead, providedthat the contractor submits an engineer-ing plan which the Department deter-mines meets accepted standards for pro-fessional engineering design.

(e) Sealing of cracks in a seawall or bulkheadcap or face.

(f) Repair or sealing of the pilasters of anexisting seawall or bulkhead.

(g) Backfilling landward of existing seawallsor bulkheads.

(h) Placement of riprap, gunite-filled tube, orother approved material beneath an un-dercut seawall or bulkhead provided thatmaterial does not extend more than two(2) feet waterward of the seawall or bulk-head.

(i) Placement of sand-cement riprap bags atthe toes of a seawall or bulkhead provided


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the bags do not extend more than two (2)feet or the width of two (2) standardsand-cement bags waterward of the sea-wall or bulkhead.

(j) The removal of old or unused or rottingmooring piles or the removal of dilapi-dated docks or piers.

(k) Trimming or cutting or any other alter-ation of a mangrove tree(s) for the exclu-sive purpose of conducting a land survey,provided that the area of mangroves af-fected by the survey line is less than three(3) feet wide and said survey is conductedby a licensed land surveyor.

(l) Roadway maintenance activities which areperformed or authorized by the Miami-Dade County Public Works Departmentto correct safety deficiencies or are under-taken to maintain the continuity of exist-ing use for an established road or roadright-of-way.

(m) Maintenance of private roads approved bythe Department or maintenance of roadsand fill pads approved by the Departmentlocated upon a public or private utilityright-of-way.

(n) Installation, repair, or replacement of ma-rine hardware necessary to secure vesselsincluding, but not limited to, cleats, moor-ing whips, chocks and mooring bits ondocks and piers.

(o) Construction, installation, repair, or re-placement of permanent uncovered benchesand/or tables on docks and piers.

(p) Construction, installation, repair, or re-placement of fenders, except fender piles,on docks and piers necessary for the pro-tection of vessels.

(q) Construction, installation, repair, or re-placement of storage boxes, not exceedingthirty-six (36) inches in height, on docksand piers.

(r) Construction, installation, repair, replace-ment of ladders on docks and piers toprovide access to and from vessels and/orthe water.

(s) The placement of concrete jackets or otherforms of protection on existing dock, pieror mooring piles.

(t) The replacement of mooring piles at thesame exact location as they presently ex-ist and provided that the following crite-ria are adhered to:

(i) The mooring piles to be replaced donot protrude into the water morethan twenty-five (25) percent of thewidth of the waterway.

(ii) The work will be done by a contrac-tor holding an applicable certificateof competency.

(iii) The contractor shall contact the Di-rector or the Director's designeewithin twenty-four (24) hours of per-forming the mooring piling replace-ment work with information on thelocation and the number of mooringpilings replaced.

(u) The installation of a drainage system fora commercially or industrially zoned projectwhich does not use, generate, handle,dispose of, discharge or store hazardousmaterials. This exemption, however, shallnot apply to an airport facility, a resourcerecovery and management facility or asewage treatment facility.

(2) The exemptions set forth in Sections 24-48(1)(l) and (m) shall neither apply to any workinvolving expansion in the width or length ofroads nor shall said exemptions apply to workinvolving the filling of roads to higher elevationswhen said roads occur at elevations which are lessthan the elevations set forth by Miami-DadeCounty flood criteria.

(3) All work to be performed under any Countypermits shall conform with the applicable por-tions of this Article.

(4) If the Director, or the Director's designee,determines that the permittee and/or contractoris not performing the construction in accordancewith the conditions of the permit or the approvedplans upon which the permit was issued, theDirector, or the Director's designee, may ordersuspension of the permit or the stopping of work


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until such time as the permittee and/or the con-tractor has complied with the permit, plans orstandards. In such case, the permittee or thecontractor or both shall take all necessary precau-tions to leave the work area in a safe and securecondition. In the event of any future widening,repairs, installation, construction, or reconstruc-tion, by or for Miami-Dade County, of any road,bridge, canal, culvert, traffic signal, streetlight,water distribution system, sewage collection sys-tem, storm drainage system, or any other Countyfacility within the public right-of-way in whichthe permittee or the contractor or both haveconstructed any utility which has not been con-veyed to a franchised public utility, said permitteeor contractor or both shall move or remove suchutility as may be required for the public conve-nience as and whenever specified by the Directorof the Public Works Department and at the ex-pense of the permittee or the contractor or both.

(5) It shall be unlawful for any person toviolate or fail to comply with any of the conditionsor special conditions of a class I, class II, class III,class IV, class V, or class VI permit issued by theDirector, or the Director's designee.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.1. Permit classifications; interpre-

tation as to permit require-

ment, fee; determination of

wetlands.

(1) There are six (6) permit classifications:class I, class II, class III, class IV, class V andclass VI.

(a) Class I: Class I permits are required totrim, cut or alter a mangrove tree any-where in Miami-Dade County or for anytype of work as defined herein to takeplace in, on, over or upon any tidal wa-ters, bay bottom lands anywhere in Miami-Dade County or in wetlands supportinghalophytic vegetation anywhere in Miami-Dade County, including but not limited todredging or filling provided, however, thatclass I permits shall not apply to theconstruction, installation or alterations of

outfalls or overflow systems as describedunder the definition of class II permits(Section 24-48.1(1)(b)).

(b) Class II: Class II permits are required forthe construction, installation and/or alter-ation of any outfall or overflow system in,on, under or upon any water body ofMiami-Dade County, including, but notlimited to, canals, rivers, lakes, lagoonsand/or all tidal water bodies.

(c) Class III: Class III permits are requiredfor work in, on, upon or contiguous tonontidal lakes, canals, rivers and otherwater areas and waterfronts under thedirect control of Miami-Dade County byvirtue of ownership, dedication by plat,right-of-way easement, reservation, orright-of-way and access agreement or in-strument, including canal right-of-way asherein defined; provided, however, thatclass III permits shall not apply to Sec-tions 33-13(e) and 33-16(a) of the Code ofMiami-Dade County, Florida, nor shallthey apply to the construction, installa-tion, and/or alteration of outfalls or over-flow systems as described under the defi-nition of class II permits (Section 24-48.1(1)(b)).

(d) Class IV: Class IV permits are requiredfor any work in, on, or upon wetlands notsupporting halophytic vegetation any-where in Miami-Dade County.

(e) Class V: Class V permits are required forany dewatering of groundwater, surfacewater or water which has entered into anunderground facility, excavation or trench.

(f) Class VI: Class VI permits are requiredfor drainage systems to be installed innon-residential projects.

(2) If any person is in doubt as to whether ornot the proposed work requires a permit as here-under provided, said person may request a writ-ten determination from the Director. Within thirty(30) days after receipt of such request, the Direc-tor shall issue a letter of interpretation withrespect to whether or not a permit is required forthe proposed work. The Director may require any


3391Supp. No. 58

or all of the information which is required in ashort form permit application as a condition pre-cedent to the issuance of such a letter. Such lettershall have no precedential value to any personother than the person who requested said writtendetermination, or his grantees, heirs, successorsor assigns. A fee, to be set by administrative orderapproved by the Board of County Commissioners,shall be collected from any person requesting aletter of interpretation by the Director. The feeshall be applied towards the permit applicationfee if the Director determines that a permit isrequired.

(3) Determinations as to the landward extentof wetlands shall be based on the unified state-wide methodology adopted pursuant to Section373.421(1), Florida Statutes, as amended fromtime to time. A determination that any portion ofa tract of land is not a wetland does not precludethe requirement for a permit on any other portionof the tract that is determined to be a wetland.The unified statewide methodology adopted pur-suant to Section 373.421(1), Florida Statutes, asamended from time to time, is hereby adopted byreference, as same may be amended from time totime.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.2. Permit application forms; pro-

cedures.

There are two (2) types of application forms;short form and standard form. The general crite-ria for determining the type of application formrequired are based on the magnitude of the project,and its potential environmental impact. Unlesswaived by the municipality, the applicant's plansshall require municipal approval.

(I) Short Form Permit Application:

(A) When permissible: A short form per-mit application may be accepted bythe Department of EnvironmentalResources Management for the fol-lowing types of work:

(1) Repair or replacement of sea-walls or bulkheads at the meanhigh water line or at their ex-isting location.

(2) Construction or the placementof a single-family residence fixedor floating dock, davit, boat lift,mooring or fender pile, all ofwhich are associated with a sin-gle family residence providedthat none of the foregoing pro-trude into the water more thantwenty-five (25) percent of thewidth of the waterway.

(3) Repair, replacement or restora-tion of docks, piers, davits, boatlifts, mooring or fender piles,provided none of the foregoingprotrude into the water morethan twenty-five (25) percent ofthe width of the waterway.

(4) Installation, repair or replace-ment of mooring buoys, when itis determined that the pro-posed work will not present ahazard to navigation.

(5) All work requiring a class IIpermit.

(6) All work requiring a class IIIpermit.

(7) Maintenance dredging projectswhere the dredged material isto be deposited on a self-con-tained upland site.

(8) The placement of riprap in frontof an existing seawall, bulk-head or shoreline, provided thereis no adverse environmental im-pact associated with the project.

(9) Construction of new seawallsor bulkheads at the mean highwater line.

(10) Davit installation on a dock,seawall or bulkhead.

(11) Repair or replacement of wavebaffles at their original locationand dimensions.

(12) Construction or the placementof fixed or floating docks, piers,davits, boat lifts, mooring pilesand fender piles in order to


3392Supp. No. 58

create fifty (50) or less boatslips at a new or existing boatdocking facility other than asingle-family residence, pro-vided that the following crite-ria are adhered to:

(a) None of the foregoing pro-trude into the water morethan twenty-five (25) per-cent of the width of thewaterway.

(b) No dredging or filling isassociated or required forthe project.

A boat docking facility expan-sion may only be accepted as ashort form application if thefacility has not been physicallyexpanded during the past two(2) years.

(13) Installation of a subaqueous ca-ble or pipeline crossing requir-ing the dredging and backfill-ing of ten thousand (10,000)cubic yards or less of material.

(14) Installation of aids to naviga-tion.

(15) Class II temporary dewateringprojects.

(16) Repair of bridge fender sys-tems.

(17) Repair or replacement of abridge to its original dimen-sions or less.

(18) Construction of artificial reefs.

(19) Trimming or cutting or anyother alteration of a mangrovetree(s) which is not a part of acoastal band community.

(20) Trimming or cutting or anyother alteration of a mangrovetree(s) for the exclusive pur-pose of conducting a land sur-vey, provided the area of man-grove trees affected by thesurvey line is greater than three

(3) feet wide and said survey isconducted by a licensed landsurveyor.

(21) Clearing, farming, filling, dredg-ing, plowing or any other workwithin wetlands requiring aclass IV permit and not lyingwithin the Bird Drive Ever-glades Wetland Basin or theNorth Trail Wetland Basinwhere the usage is consistentwith existing zoning regula-tions and where the cumulativearea upon which work will beperformed does not exceed:

(a) One (1) acre of wetlandsin areas designated as "En-vironmental Protection" onthe current Miami-DadeCounty ComprehensiveDevelopment Master PlanMap, or

(b) Ten (10) acres of wetlandsin areas designated as"Open Land" or "Agricul-ture" on the current Mi-ami-Dade County Compre-hensive DevelopmentMaster Plan Map, or

(c) Fifteen (15) acres ofwetlands for lands insidethe "Urban DevelopmentBoundary Line" as it ap-pears on the current Mi-ami-Dade County Compre-hensive DevelopmentMaster Plan.

(22) Rockmining in the TransitionalNortheast Everglades, the EastTurnpike Wetland Basin andthe C-9 Wetland Basin, whensaid rockmining has been pre-viously approved as an unusualuse by Miami-Dade County.However, a short form applica-tion for said rockmining shallbe permitted only when the de-sign and development criteriafor the proposed rockmining


3393Supp. No. 58

project do not conflict with theprior unusual use approval byMiami-Dade County.

(23) Elevated boardwalks landwardof the mean high water line.

(24) Boat elevator installation on anew or existing dock, seawallor bulkhead.

(25) The clearing, farming, place-ment of clean fill, dredging,plowing or any other agricul-tural site alteration within theNorth Trail Wetland Basin orthe Bird Road Drive EvergladesWetland Basin.

(26) Clearing, placement of clean fillor dredging in wetlands associ-ated with a modification of theCentral and South Florida FloodControl Project, intended to re-store historical patterns of hy-drologic flow to Everglades Na-tional Park, Florida Bay orBiscayne Bay and performedby the State of Florida or theUnited States Government.Modifications intended to pro-vide additional drainage ofwetland areas shall be subjectto the provisions of Section 24-48.2(II)(A).

(27) All work requiring a class Vpermit.

(28) All work requiring a class VIpermit.

(B) Application procedure (class I, class II,

class III, class IV, class V, and class VI

permits):

(1) The applicant or his agent shall sub-mit to the Department an applica-tion in such form as prescribed bythe Department. A class I permitapplication shall be verified by theupland property owner who pos-sesses riparian rights to the area ofthe proposed work or the lessee ofsaid upland property. For removaland disposal of contaminated sedi-

ments from the Miami River and itstidal tributaries conducted by the U.S. Army Corps of Engineers and thelocal project sponsor in conjunctionwith maintenance dredging of theMiami River federal navigation chan-nel, the written consent of the up-land property owner who possessesriparian rights to the area of theproposed work or the written con-sent of the lessee who possesses ri-parian rights to the area of the pro-posed work shall be the equivalent ofthe aforesaid verification of the ap-plication. In such case, the localproject sponsor shall be deemed andshall be the applicant for the pur-poses of this Article. Written consentshall be in a form prescribed by theDirector or the Director's designee.Verification by the upland propertyowner who possesses riparian rightsto the area of the proposed work orby the lessee of said upland propertyshall not be required for a class Ipermit application submitted by afederal, state, county, municipal, orother governmental entity for dredg-ing projects to improve drainage intidal waters of canals and rivers,provided, that the proposed workshall be performed only on sub-merged lands owned by the govern-mental entity submitting the class Ipermit application. A class IV permitapplication shall be verified by theowner of the property or the lessee ofthe property upon which the work isproposed. If the application for aclass I or class IV permit is verifiedby the lessee, a statement from theowner of the property indicating thathe has no objection to the work pro-posed shall be submitted with theapplication. A public hearing by theBoard of County Commissioners shallbe held for a short form application ifa written request therefor is fieldwith the Department prior to theDepartment's issuance of the per-


3394Supp. No. 58

mit. The written request for publichearing before the Board of CountyCommissioners shall include in thewritten request the specific Depart-ment pending permit applicationnumber. If no such written request isfiled, the Department shall approveand issue, deny or approve and issuesubject to conditions, limitations orrestrictions, the work proposed un-der the permit application based uponthe applicable evaluation factors setforth in Section 24-48.3 of this Code.If a timely request is filed, the Boardof County Commissioners shall ap-prove, approve with conditions, lim-itations or restrictions, or deny apermit for the proposed work afterconducting said public hearing inaccordance with the procedures setforth in Section 24-48.2(II)(B)(1), (2)and (3). A short form permit applica-tion shall include but not be limitedto the following:

(a) Two (2) or more complete setsof construction plans and calcu-lations for the proposed workprepared by an engineer regis-tered in the State of Florida.Said plans and calculations shallbe subject to review and ap-proval by the Department. Saidplans and calculations may beprepared by an architect regis-tered in the State of Florida forwork described in Section 24-48.2(I)(A)(4), (7), (8), (10), (11),(14), (19), (21) and (27). Saidplans and calculations may beprepared by a land surveyorregistered in the State of Flor-ida for the work described inSection 24-48.2(I)(A)(21) and(27). Rockplowing or other ag-ricultural site alterations as de-scribed in Section 24-48.2(I)(A)(22) and (23) areexempt from submitting plansprepared by an architect or en-gineer only if said rockplowing

or agricultural site alterationdoes not involve the construc-tion of any roads built at eleva-tions higher than natural sur-face elevations, fill pads,culverts, or structures of anytype; excavation of any borrowpits, ditches or canals; or theconstruction of any other drain-age facilities or drainage struc-tures. Short form applicationsfor rockplowing or other agri-cultural site alteration whichmeet the requirements of thisprovision may substitutesketches or plans of the pro-posed work. Said sketches orplans shall be in sufficient de-tail to identify the type of theproposed work, location of theproposed work and whether ornot the proposed work complieswith all applicable developmentcriteria and management prac-tices. Work limited exclusivelyto the trimming or cutting of amangrove tree(s) is exempt fromthis requirement.

(b) A check in the amount of therequired application fee pay-able to Miami-Dade County.

(c) Evidence of ownership or a leaseof the upland and submergedland, or evidence of ownershipor a lease of the wetland uponwhich work is proposed. Saidevidence of ownership may in-clude, in the discretion of theDepartment, an affidavit of own-ership executed by the owner ofthe property. For proposed workon submerged lands owned bya federal, state, county, munic-ipal, or other governmental en-tity, evidence of ownership or alease of the upland and a.) thewritten consent of the federal,state, county, municipal, or othergovernment entity owning the


3395Supp. No. 58

submerged lands upon whichthe work is proposed or, b.) leasefrom the federal, state, county,municipal, or other governmen-tal entity owning the submergedlands upon which the work isproposed, shall be required.Written consent shall be in aform prescribed by the Directoror the Director's designee. Forremoval and disposal of contam-inated sediments from the Mi-ami River and its tidal tributar-ies conducted by the U.S. ArmyCorps of Engineers and the lo-cal project sponsor in conjunc-tion with maintenance dredg-ing of the Miami River federalnavigation channel, the writ-ten consent of the owner orlessee of the submerged landsand the written consent of theowner or lessee of the uplandwho possesses riparian rightsto the area of the proposed workshall be deemed to satisfy therequirements of this paragraph.The written consent shall be ina form prescribed by the Direc-tor or the Director's designee.

(d) If the proposed work is withinan incorporated area, a substan-tiating letter shall be submit-ted, as part of the permit appli-cation, from the zoningdepartment of the incorporatedarea. If the proposed work iswithin an unincorporated area,a substantiating letter from Mi-ami-Dade County Departmentof Planning and Zoning shall besubmitted as part of the permitapplication. Said substantiat-ing letter shall state that theproposed usage of the propertyupon which the proposed workwould occur does not violateany zoning law applicable tothe area of the proposed work.

(e) If the work is limited exclu-sively to the trimming or cut-ting of a mangrove tree(s), asketch shall be prepared by alicensed landscape architectwhich delineates the propertylines of the upland owner, thelocation and size of all existingmangrove tree(s) on the siteand the nature, degree, andmethodology of the proposedtrimming or cutting. If the pro-posed work involves trimmingor cutting of less than five (5)mangrove tree(s) or involves thetrimming of mangrove tree(s)for a property line survey, thesketch may be prepared by theapplicant or his agent.

(f) For all proposed work involvingthe placement of clean fill withinthe Bird Drive EvergladesWetland Basin or the NorthTrail Basin, a maintenance planshall be submitted which shallinclude:

(i) A description of how thestormwater managementsystem shall be maintainedin a functional condition,

(ii) Treatment and controltechniques as well as amanagement schedule toensure that all of thestormwater managementareas will be maintainedfree from exotic plant spe-cies, and

(iii) A description of how thestormwater managementsystem shall be kept freeof solid waste.

(g) For all proposed work whichinvolves the placement of morethan four (4) inches of fill abovethe seasonal high water tablein the area(s) of the subjectproperty designated as thestormwater management ar-


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ea(s), a report prepared by anengineer registered in the Stateof Florida shall be submitted.Said report shall demonstratethe consistency of the site planwith the goals and require-ments of either the North TrailBasin Fill Enforcement and Wa-ter Management Criteria (forproperties located within theNorth Trail Basin), or with theBird Drive Everglades BasinFill Encroachment and WaterManagement Criteria (for prop-erties located within the BirdDrive Everglades Wetland Ba-sin).

(h) In lieu of constructing an on-site stormwater managementsystem to satisfy the North TrailBasin Fill Encroachment andWater Management Criteria, theBoard Drive Everglades BasinFill Encroachment and WaterManagement Criteria or the Ba-sin B Fill Encroachment andWater Management Criteria,persons who own parcels whichparcels have been continuouslyfour and one half (4.5) acres orless in size in any of the afore-said basins since September 30,1997 are eligible to contribute ato the Miami-Dade CountyStormwater CompensationTrust Fund. The amount of thecontribution shall be in accor-dance with an administrativeorder of the County Manageras approved by the Board ofCounty Commissioners.

(i) Evidence that a public notice offiling of a class I permit appli-cation in a form approved bythe Director or the Director'sdesignee which describes thenature and location of the pro-posed work has been publishedin a newspaper of general cir-

culation in Miami-Dade Countyis required for class I permitapplications submitted by fed-eral, state, county, municipal,or other governmental entityfor dredging projects to im-prove drainage in tidal watersof canals and rivers, when thework proposed will be performedonly on submerged lands ownedby the governmental entity sub-mitting the class I permit ap-plication, and when the appli-cation is not verified by theupland property owner who pos-sesses riparian rights to thearea of the proposed work or bythe lessee of said upland prop-erty.

(2) In addition, the following supplemen-tal information may, at the discre-tion of the Department, be requiredto be submitted with a short formpermit application:

(a) Certification by an engineer reg-istered in the State of Florida,who is qualified by educationand experience in the area ofconstruction, that:

(i) To the best of theengineer's knowledge andbelief, the proposed workdoes not violate any laws,rules, or regulations of theState of Florida or any pro-visions of the Code of Mi-ami-Dade County whichmay be applicable; that dil-igence and recognizedstandard practices of theengineering professionhave been exercised in theengineer's design processfor the proposed work; andin the opinion of the engi-neer, based upon hisknowledge and belief, thefollowing will not occur:

1. Harmful obstructionor undesirable alter-


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ation of the naturalflow of the waterwithin the area of theproposed work.

2. Harmful or increasederosion, shoaling ofchannels or stagnantareas of water. (Notapplicable to class IVpermits.)

3. Material injury to ad-jacent property.

4. Harmful effect uponthe water qualitywithin the receivingwater body of theemergency overflowfrom a stormwaterretention system.(Applicable to classII permits only.)

5. Adverse environmen-tal impacts fromchanges in waterquality or quantity.(Applicable to classIV permits only.)

(ii) The engineer has been re-tained by the applicant toprovide inspectionsthroughout the construc-tion period and shall pre-pare a set of reproduciblerecord prints of drawingsshowing changes madeduring the constructionprocess based upon themarked-up prints, draw-ings and other data fur-nished by the contractorto the engineer.

(b) A covenant running with theland in favor of Miami-DadeCounty executed by the land-owner(s). Said covenant shallbe subject to the approval ofthe Board of County Commis-sioners and shall not be re-voked or modified without the

consent of the Board of CountyCommissioners. Said covenantshall restrict development oralteration of the property to adesignated portion of the prop-erty and may include condi-tions for the environmental pro-tection and environmentalmanagement of designated por-tions of the property.

(c) A comprehensive environmen-tal impact statement, if re-quired pursuant to Section 24-7(25).

(d) If, in the opinion of the Direc-tor, inadequate information hasbeen provided to evaluate theproposed work, or adverse en-vironmental impact may occuras a result of the proposed work,the Director, before making arecommendation as to the ap-plication, shall require the ap-plicant to conduct a coastal en-gineering study or water qualitystudy or biological study orgroundwater study. Said stud-ies shall be a part of the permitapplication.

(e) For all proposed work withinthe North Trail Basin or theBird Drive Everglades WetlandBasin, a covenant running withthe land in favor of Miami-Dade County, in a form ap-proved by the Board of CountyCommissioners, shall be exe-cuted. Said covenant may onlybe revoked or modified by ac-tion of the Board of CountyCommissioners and shall pro-vide for the protection and main-tenance of the stormwater man-agement area of the subjectproperty.

(II) Standard Form Permit Application:

(A) A standard form permit application shallbe required for any work requiring a class


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I or class IV permit not specifically de-scribed under Section 24-48.2(I). A stan-dard form permit application shall also berequired for all short form permit appli-cations for which a public hearing hasbeen requested pursuant to Section 24-48.2(I)(B)(1). A class I permit applicationshall be verified by the upland propertyowner who possesses riparian rights tothe area of the proposed work or thelessee of said upland property. For re-moval and disposal of contaminated sedi-ments from the Miami River and its tidaltributaries conducted by the U. S. ArmyCorps of Engineers and the local projectsponsor in conjunction with maintenancedredging of the Miami River federal nav-igation channel, the written consent ofthe upland property owner who possessesriparian rights to the area of the proposedwork or the written consent of the lesseewho possesses riparian rights to the areaof the proposed work shall be the equiva-lent of the aforesaid verification of theapplication. In such case, the local projectsponsor shall be deemed and shall be theapplicant for the purposes of this Article.Written consent shall be in a form pre-scribed by the Director or the Director'sdesignee. Verification by the upland prop-erty owner who possesses riparian rightsto the area of the proposed work or by thelessee of said upland property shall not berequired for a class I permit applicationsubmitted by a federal, state, county, mu-nicipal, or other governmental entity fordredging projects to improve drainage intidal waters of canals and rivers, pro-vided, that the proposed work shall beperformed only on submerged lands ownedby the governmental entity submittingthe class I permit application. A class IVpermit application shall be verified by theowner of the property or the lessee of theproperty upon which the work is pro-posed. If the application for a class I or IVpermit is verified by the lessee, a state-ment from the owner of the property in-dicating that he has no objection to thework proposed shall be submitted with

the application. All permit applicationsshall be submitted to the Department insuch form as prescribed by the Depart-ment. A standard form permit applicationshall include, but not be limited to, thefollowing:

(1) Evidence of ownership or a lease ofthe upland and submerged land, orevidence of ownership or a lease ofthe wetland upon which work is pro-posed. Said evidence of ownershipmay include, in the discretion of theDepartment, an affidavit of owner-ship executed by the owner of theproperty. For proposed work on sub-merged lands owned by a federal,state, county, municipal, or other gov-ernmental entity, evidence of owner-ship or a lease of the upland and a.)the written consent of the federal,state, county, municipal, or other gov-ernment entity owning the submergedlands upon which the work is pro-posed or, b.) lease from the federal,state, county, municipal, or other gov-ernmental entity owning the sub-merged lands upon which the workis proposed, shall be required. Writ-ten consent shall be in a form pre-scribed by the Director or theDirector's designee. For removal anddisposal of contaminated sedimentsfrom the Miami River and its tidaltributaries conducted by the U.S.Army Corps of Engineers and thelocal project sponsor in conjunctionwith maintenance dredging of theMiami River federal navigation chan-nel, the written consent of the owneror lessee of the submerged lands andthe written consent of the owner orlessee of the upland who possessesriparian rights to the area of theproposed work shall be deemed tosatisfy the requirements of this para-graph. The written consent shall bein a form prescribed by the Directoror the Director's designee.


3399Supp. No. 58

(2) Three (3) copies of a plan or sketch ofthe proposed structure or work. Forclass I permits this shall include thelocations of the mean high waterline, mean low water line, the prop-erty lines of the upland owner, andsoundings made in the surroundingwater areas, corrected to mean lowwater datum. For work which in-volves the trimming or cutting of amangrove tree(s), the sketch or planshall delineate the location and sizeof all existing mangrove tree(s) onthe site and the nature, degree andmethodology of the proposed trim-ming or cutting.

(3) A written statement signed by thepermit applicant or the applicant'sauthorized agent stating that, if ap-proval is granted for the proposedwork by the Board of County Com-missioners, complete and detailedplans and calculations of the pro-posed work shall be prepared by anengineer registered in the State ofFlorida in accordance with the min-imum requirements of this chapter.Said plans and calculations shall besubject to the review and approval ofthe Department of EnvironmentalResources Management. Said writ-ten statement shall state that theapplicant will secure the services ofa registered engineer to conduct in-spections throughout the construc-tion period, and that said engineershall prepare all required drawingsof record. This statement shall alsoprovide that for work which involvescutting or trimming of a mangrovetree(s), a detailed plan of the pro-posed cutting or trimming shall beprepared by a licensed landscape ar-chitect and submitted to the Depart-ment for review and approval, andthat the applicant will secure theservices of a licensed landscape ar-chitect to supervise the trimming orcutting.

(4) Certification by an engineer regis-tered in the State of Florida, who isqualified by education and experi-ence in the area of construction, that:

(a) To the best of the engineer'sknowledge and belief, the pro-posed work does not violate anylaws, rules or regulations of theState of Florida or any provi-sions of the Code of Miami-Dade County which may be ap-plicable; that diligence andrecognized standard practicesof the engineering professionhave been exercised in theengineer's design process for theproposed work; and in the opin-ion of the engineer, based uponhis knowledge and belief, thefollowing will not occur:

(i) Harmful obstruction or un-desirable alteration of thenatural flow of the waterwithin the area of the pro-posed work.

(ii) Harmful or increased ero-sion, shoaling of channelsor stagnant areas of wa-ter. (Not applicable to classIV permits.)

(iii) Material injury to adja-cent property.

(iv) Adverse environmental im-pacts from changes in wa-ter quality or quantity. (Ap-plicable to class IV permitsonly.)

(b) The engineer has been retainedby the applicant to provide in-spections throughout the con-struction period and shall pre-pare a set of reproducible recordprints of drawings showingchanges made during the con-struction process based uponthe marked-up prints, draw-ings, and other data furnishedby the contractor to the engi-neer. Work limited exclusively


3400Supp. No. 58

to the cutting or trimming of amangrove tree(s) is exempt fromthe requirements of Section 24-48.2(II)(A)(4)(a) and (b).

(5) Names and addresses from the lat-est County tax rolls of owners of allriparian or wetland property withinthree hundred (300) feet of the pro-posed work.

(6) A check in the amount of the re-quired application fee payable to Mi-ami-Dade County.

(7) If the proposed work is within anincorporated area, a substantiatingletter shall be submitted, as part ofthe permit application, from the zon-ing department of the incorporatedarea. If the proposed work is withinan unincorporated area, a substan-tiating letter from Miami-DadeCounty Department of Planning andZoning shall be submitted as part ofthe permit application. Said substan-tiating letter shall state that theproposed usage of the property uponwhich the proposed work would oc-cur does not violate any zoning lawapplicable to the area of the pro-posed work. Applicants for class Ipermits shall have the option of sub-mitting the above described substan-tiating letter from the applicable zon-ing authority after obtaining approvalfrom the Board of County Commis-sioners but prior to permit issuance.Applications for class I or class IVpermits by the Florida Departmentsof Transportation and Natural Re-sources shall not be required to sub-mit the above described substantiat-ing letter from the local zoningauthority.

(8) For all proposed work involving theplacement of clean fill within theBird Drive Everglades Wetland Ba-

sin or the North Trail Basin, a main-tenance plan shall be submitted whichshall include:

(a) A description of how thestormwater management sys-tem shall be maintained in afunctional condition,

(b) Treatment and control tech-niques as well as a manage-ment schedule to ensure thatall of the stormwater manage-ment areas will be maintainedfree from exotic plant species,and

(c) A description of how thestormwater management sys-tem shall be kept free of solidwaste.

(9) For all proposed work which in-volves the placement of more thanfour (4) inches of fill above the sea-sonal high water table in the area(s)of the subject property designated asthe stormwater management area(s),a report prepared by an engineerregistered in the State of Floridashall be submitted. Said report shalldemonstrate the consistency of thesite plan with the goals and require-ments of either the North Trail Ba-sin Fill Encroachment and WaterManagement Criteria (for propertieslocated within the North Trail Ba-sin), or with the Bird Drive Ever-glades Basin Fill Encroachment andWater Management Criteria (for prop-erties located within the Bird DriveEverglades Wetland Basin).

(10) In addition, the following supplemen-tal information may, at the discre-tion of the Department, be requiredto be submitted with a standard formpermit application:

(a) If, in the opinion of the Direc-tor, inadequate information hasbeen provided to evaluate theproposed work, or adverse en-vironmental impact may occur


3401Supp. No. 58

as a result of the proposed work,the Director, before making arecommendation as to the ap-plication, shall require the ap-plicant to conduct a coastal en-gineering study or water qualitystudy or biological study. Saidstudies shall be a part of thepermit application.

(b) If requested by the Director, acoastal resources managementline shall be determined for theproperty upon which work re-quiring a class I permit is pro-posed. Said line shall be deter-mined according to scientificallyrecognized ecological techniquesand said line shall be subject toapproval by the Department.Said line shall identify thoseareas where detrital cycles con-tribute to the ecological produc-tivity of coastal waters.

(c) A covenant running with theland in favor of Miami-DadeCounty executed by the land-owner(s). Said covenant shallbe subject to the approval ofthe Board of County Commis-sioners and shall not be re-voked or modified without theconsent of the Board of CountyCommissioners. Said covenantshall restrict development oralteration of the property to adesignated portion of the prop-erty and may include condi-tions for the environmental pro-tection and environmentalmanagement of designated por-tions of the property.

(d) A comprehensive environmen-tal impact statement, if re-quired pursuant to Section 24-7(25).

(11) The applicant, in his or her discre-tion, may provide evidence of publicinterest or public economic valuesrelating to the proposed work.

(12) For all proposed work within theNorth Trail Basin or the Bird DriveEverglades Wetland Basin, a cove-nant running with the land in favorof Miami-Dade County, in a formapproved by the Board of CountyCommissioners, shall be executed.Said covenant may only be revokedor modified by action of the Board ofCounty Commissioners and shall pro-vide for the protection and mainte-nance of the stormwater manage-ment area of the property.

(B) Obtaining approval from the Board of

County Commissioners:

(1) The Director shall review the permitapplication for the proposed workand shall make a recommendation tothe Board of County Commissionersof approval, denial, or approval sub-ject to conditions, limitations or re-strictions for the proposed work. TheDirector's recommendation shall bebased upon the applicable evalua-tion factors set forth in Section 24-48.3 of this Code. The Board of CountyCommissioners or Community Zon-ing Appeals Board pursuant to Sec-tion 33-13 shall hold a public hear-ing concerning the proposed work. Anotice of the time and place of saidpublic hearing shall be published ina newspaper of general circulationin Miami-Dade County a minimumof seven (7) days prior to the publichearing. Said notice shall include abrief description of the proposed workand the location of the proposed work.A courtesy notice containing substan-tially the same information set forthin said published notice shall bemailed to those parties whose namesappear on the application as theowners of all riparian or wetlandproperty within three hundred (300)feet of the proposed work. Failure tomail or receive said courtesy noticeshall not affect any action or proceed-ing taken thereunder. The Board of


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County Commissioners or Commu-nity Zoning Appeals Board pursuantto Section 33-13 shall, after holdingthe public hearing, approve, deny, orapprove subject to conditions, limi-tations or restrictions, the work pro-posed under the permit applicationbased upon the applicable evalua-tion factors set forth in Section 24-48.3 of this Code.

(2) If the Board of County Commission-ers or Community Zoning AppealsBoard pursuant to Section 33-13 ap-proves a permit application, the De-partment of Environmental ResourcesManagement shall issue the permitsubject to the conditions, limitationsor restrictions required by the Com-munity Zoning Appeals Boards orBoard of County Commissioners. TheDepartment of Environmental Re-sources Management, in its discre-tion, may require additional condi-tions, limitations and restrictions aspart of the permit only if said addi-tional conditions, limitations or re-strictions are consistent with the ac-tion of the Board of CountyCommissioners or Community Zon-ing Appeals Board with respect tothe permit.

(3) At the request of a permit applicant,a conclusive list of permit condi-tions, limitations, and restrictions,which may not be amended or mod-ified by the Department of Environ-mental Resources Management ex-cept as provided in Section 24-48.2(II)(B)(3)(b), below, shall beprepared prior to the public hearingand shall be submitted to the Boardof County Commissioners or Commu-nity Zoning Appeals Board pursuantto Section 33-13 as part of theDirector's recommendation of ap-proval, provided that the permit ap-plication includes the following:

(a) All requirements set forth inSection 24-48.5(2)(a) and (b).

(b) A verified statement by the per-mit applicant that the proposedwork shall commence withinthree (3) months of approval ofsaid permit by the Board ofCounty Commissioners or Com-munity Zoning Appeals Boardpursuant to Section 33-13 andthat if the work does not com-mence within three (3) monthsof the date of approval of saidpermit by the Board of CountyCommissioners or CommunityZoning Appeals Board, then theDepartment of EnvironmentalResources Management may, inits discretion, require additionalconditions, restrictions, and lim-itations as to the permit otherthan those described in theaforesaid list. All such addi-tional conditions, restrictions,and limitations shall be consis-tent with the action of the Boardof County Commissioners orCommunity Zoning AppealsBoard with respect to the per-mit.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-8,§§ 1, 2, 1-24-06; Ord. No. 07-175, § 1, 12-4-07; Ord.No. 08-55, § 2, 5-6-08)

Sec. 24-48.3. Factors for evaluation of per-

mit applications; incomplete

permit applications.

(1) The Department shall base its recommen-dation for approval, denial or approval subject toconditions, limitations, or restrictions, and theBoard of County Commissioners shall make itsdecision for approval, denial, or approval subjectto conditions, limitations or restrictions, for any ofthe permits provided for under this article, uponthe following evaluation factors, when applicable:

(a) The potential adverse environmental im-pact and cumulative adverse environmen-tal impact of the proposed work, includingbut not limited to the effect upon hydrol-ogy, water quality, water supply, wellfields,aquifer recharge, aesthetics, navigation,


3403Supp. No. 58

public health, historic values, air quality,marine and wildlife habitats, archeologi-cal values, wetland soils suitable for hab-itat, floral and faunal values, rare, threat-ened and endangered species, natural flooddamage protection, wetland values, landuse classification, recreation, and any otherenvironmental values, affecting the pub-lic interest.

(b) Conformance with standard constructionprocedures and practices and design andperformance standards, including but notlimited to, all applicable portions of theMiami-Dade County Public Works Man-ual, Chapter 33B of the Code of Miami-Dade County, Florida, and Miami-DadeCounty Ordinance No. 81-19 [codified asSections 33D-1 through 33D-4], as all ofsame may be amended from time to time.

(c) The information provided by the compre-hensive environmental impact statement,if required.

(d) Conformance with all applicable federal,state and local laws and regulations. Con-formance with the Rules of the SouthFlorida Water Management District setforth in Chapter 40E-40, Florida Admin-istrative Code (F.A.C.), as same may beamended from time to time, pertaining togeneral surface water management per-mits within Miami-Dade County, and withthe provisions contained in the "Basis ofReview for Surface Water ManagementPermit Applications Within the South Flor-ida Water Management District," datedMarch 10, 1994 as same may be amendedfrom time to time.

(e) Conformance with the Miami-Dade CountyComprehensive Development Master Plan,Chapter 33B of the Code of Miami-DadeCounty, Florida, Miami-Dade County Or-dinance No. 81-19 [codified as Sections33D-1 through 33D-4], and the Miami-Dade County Manatee Protection Plan (acopy of which shall be made permanentlyavailable at the Department for referenceby the public), as all of same may beamended from time to time.

(f) Consistency with criteria for lake excava-tions in Miami-Dade County establishedby the Board of County Commissioners.

(g) The recommendation to the Board ofCounty Commissioners as to approval ordenial from the municipality within whichthe proposed work is located.

(h) The relationship of the proposed work to acoastal resources management line estab-lished pursuant to the provisions of Sec-tion 24-48.2(II)(A)(10)(b).

(i) Preservation and protection of allexisting wetland communities sea-ward of said management line.

(ii) Protection of all existing wetlandbiological and hydrological functionslandward of said management line.

(i) Maximum protection of a wetland's hydro-logical and biological functions throughadherence to the following fill limitations:

(i) Placement of the minimum fill nec-essary on a site to provide for theland usage alternative which resultsin the least adverse environmentalimpact and the least cumulative ad-verse environmental impact.

(ii) Placement of temporary fill pads andfill roads for the purpose of conduct-ing rockmining.

(j) For Class I permit applications proposingto exceed the boundaries described in Sec-tion D-5(03)(2)(a) of the Miami-DadeCounty Public Works Manual, the follow-ing additional factors shall be considered:

(i) Whether the proposed exceedance isthe minimum necessary, as deter-mined by the Director or the Director'sdesignee, to avoid seagrass or othervaluable environmental resources,

(ii) Whether the proposed exceedance isthe minimum necessary, as deter-mined by the Director or the Director'sdesignee, to achieve adequate waterdepth for mooring of a vessel,

(iii) Whether the applicant has providedto the Department notarized let-


3404Supp. No. 58

ter(s) of consent from adjoining ri-parian property owners in a formprescribed by the Director or theDirector's designee, and

(iv) Whether the Department has re-ceived any letter of objection fromadjoining riparian property owners.

(2) In addition to the applicable evaluationfactors found in Section 24-48.3(1)(a) through (i)above, dredging or filling work proposed in class Ipermit applications shall comply with at least one(1) of the following criteria:

(a) Minimum dredging and spoiling for pub-lic navigation or public necessity.

(b) An alteration of physical conditions asmay be necessary to enhance the qualityor utility of adjacent waters.

(c) Minimum dredging and filling for thecreation and maintenance of marinas,piers, docks and attendant navigationalchannels.

(d) Minimum dredging and filling as is nec-essary for the elimination of conditionshazardous to the public health or for theelimination of stagnant waters.

(e) Minimum dredging and filling as is nec-essary to enhance the biological, chemicalor physical characteristics of adjacent wa-ters.

(f) A physical modification necessary to pro-tect public or private property.

(3) In addition to the applicable evaluationfactors found in Section 24-48.3(1)(a) through (i)above, boat slips created by the construction orplacement of fixed or floating docks, piers, pilesand other structures requiring a permit underthis article and located in tidal waters within thegeographical boundaries of Miami-Dade County,Florida shall have a minimum water depth of fourfeet N.O.A.A. mean low water datum. It shall beunlawful to moor or store vessels at fixed andfloating docks, piers, piles and any structurerequiring a permit under this article in tidalwaters within the geographical boundaries ofMiami-Dade County in areas with less than fourfeet of depth N.O.A.A. mean low water datum

except for those existing structures which wereconstructed or placed in accordance with all of therequirements of the Code of Miami-Dade County,Florida prior to October 11, 1985. The foregoingrequirements in this subsection (3) shall not ap-ply to:

(a) Fixed or floating docks or piers in tidalwaters which are utilized exclusively forfishing, viewing Biscayne Bay, or swim-ming and which do not have one or moreslips or mooring or fender piles present orproposed at or adjacent to the dock or pier,or

(b) Fixed or floating docks or piers in tidalwaters which are utilized exclusively forlaunching canoes or kayaks, or

(c) Construction or placement of davits intidal waters, provided that the davits areattached to seawalls or bulkheads, or

(d) Fixed or floating docks, piers or boat slipsin tidal waters created by work requiringa permit under this Article if located inartificially created canals, provided thecanal is bulkheaded and bordered by up-lands on both sides of the canal, or

(e) Floating vessel platforms and floating boatlifts in tidal waters which qualify for theexemption contained within Section403.813(2)(s), Florida Statutes.

Additionally, no permit shall be issued for aproposed slip or for any other proposed workrequiring a permit under this Article which is tobe used for the mooring or securing of a vessel,unless adequate water depth exists, includingwhen the vessel is fully loaded.

(4) In addition to the applicable evaluationfactors found in Section 24-48.3(1)(a) through (i)above, any filling in the wetlands of Miami-DadeCounty shall comply with the following criteria:All fill shall consist only of clean fill.

(5) In addition to the applicable evaluationfactors set forth in Section 24-48.3(1)(a) through(i) above and the fill quality requirements setforth in Section 24-48.3(4) above, the following


3405Supp. No. 58

requirements shall apply to any work within theNorth Trail Basin or within the Bird Drive Ever-glades Wetland Basin:

(a) Except as provided in (e) below, the workshall be consistent with the North TrailBasin Plan (if it is located within theNorth Trail Basin), or shall be consistentwith the Bird Drive Everglades WetlandBasin Plan (if it is located within the BirdDrive Everglades Basin). These plans areincluded in Sections 24-48.19 and 24-48.20 respectively.

(b) All tree islands shall be preserved.

(c) All proposed work which involves filling(a) stormwater management area(s) shallbe constructed as specified in the NorthTrail Basin Fill Encroachment and WaterManagement Criteria for properties lo-cated within the North Trail Basin, or asspecified in the Bird Drive EvergladesBasin Fill Encroachment and Water Man-agement Criteria, for properties locatedwithin the Bird Drive Everglades WetlandBasin.

(d) Stormwater management areas which areless than five (5) acres in size and arelocated within the Urban DevelopmentBoundary as it appears on the Compre-hensive Development Master Plan's LandUse Map (as same is amended from timeto time) shall not be left at natural grade(unfilled).

(e) The side slopes of the stormwater man-agement area(s) shall be no steeper thanfour (4) horizontal to one (1) vertical (4:1).

(6) In addition to the applicable evaluationfactors set forth in Section 24-48.3(1)(a) through(i) above and the fill quality requirement set forthin Section 24-48.3(4) above, for projects locatedwithin Basin B, the total volume of fill materialplaced on a property between existing land eleva-tion and elevation 7.58 NGVD shall not exceedthe following formula: Area of site in square feet ×1.8. As an alternative to the foregoing formulaother engineering approaches consistent with therequirements of full on-site retention withoutexceeding established stages for the 100-year,

three-day storm shall be approved by the Directorof the Department of Environmental ResourcesManagement or the Director's designee.

(a) The side slope of stormwater manage-ment area(s) shall be no steeper than four(4) horizontal to one (1) vertical (4:1).

(7) In addition to the applicable evaluationfactors contained within Section 24-48.3(1)(a)through (i) above, the following requirementsshall apply to all work requiring a Class II Per-mit:

(a) Wet retention shall not be utilized with-out prior pretreatment by means of drydetention or retention of the first inch ofrunoff from the proposed project's drain-age area.

(b) An on-site retention system of applicabledesign shall be utilized as the first prior-ity for the disposal of stormwater runoffat any location in Miami-Dade Countywith the exception of projects located inthe North Trail Basin, Bird Drive Basin,East Turnpike Basin, Western C-9 Basinor any other area subject to Miami-DadeCounty's cut and fill criteria.

The on-site retention systems required bythis section shall include the following:

(i) Surface infiltration through grassedswales, or

(ii) Underground disposal throughexfiltration, or

(iii) Disposal by drainage wells, or

(iv) Disposal through dry retention ponds,or

(v) Any combination of any of the fore-going as approved by the Director orthe Director's designee.

(c) On-site retention combined with an over-flow outfall may be used as an alternativeto on-site retention in those cases wherecomplete on-site retention is not feasibleas determined by the Director or theDirector's designee, when there is inade-


3406Supp. No. 58

quate exfiltration capability of the soil orin cases where a higher degree of floodprotection is desired by the applicant.

All inlet structures located within grassedareas or landscaped strips may receive a0.2 inch retention credit.

(d) Existing positive drainage systems whichfor any reason require modification orrelocation shall be constructed in accor-dance with the standards set forth inSection 24-48.3(7)(a) and (b) above, exceptfor those portions of the existing projectwhich will remain unaltered under thenew plan.

(8) In addition to the applicable evaluationfactors contained within Section 24-48.3(1)(a)through (i) above, the following requirementsshall apply to all work requiring a class VI per-mit:

(a) Drainage systems for all non-residentialprojects shall be designed and built tocomply with the following standards:

(i) All requirements set forth in Section24-48.3(7).

(ii) All inlet structures located withingrassed areas or landscaping stripsmay receive a 0.2 inch retentioncredit. Furthermore, at least one (1)inch of pretreatment by means ofdry detention or retention shall beprovided as part of the required re-tention or detention prior to autho-rization of an overflow outfall.

(iii) Existing positive drainage systemswhich for any reason require modifi-cation or relocation shall be installedin a manner to comply with thestandards set forth in Section 24-48.3(8)(a)(i) and (ii) above, except forthose portions of the existing projectwhich will remain unaltered underthe new plan.

(9) An incomplete permit application shall be-come deactivated when the Department has noti-fied the applicant by certified mail of the incom-plete status of the application, and only if theapplicant has failed to request continued activa-

tion of the permit application within ninety (90)days of receipt of the Department's notification.The applicant's request for continued activationshall be made by certified mail to the Depart-ment.

(a) Upon receipt by the Department of acertified mail request for continued acti-vation, the permit application shall re-main activated for one hundred twenty(120) days after the original deactivationdate. If the application is not completedwithin said one-hundred-twenty-day pe-riod, the Department shall again notifythe permit applicant of incomplete appli-cation status, pursuant to the provisionsof Section 24-48.3(3). In no event shall anincomplete permit application be deemedactivated more than three hundred thirty(330) days from the original deactivationdate.

(b) A new application shall be required forobtaining a permit for all work previouslyproposed under a permit application whichhas been deactivated.

(c) The Department shall not process anypermit application which has been deac-tivated.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.4. Mitigation plans for projects

otherwise acceptable but hav-

ing adverse environmental im-

pact.

For any project that is otherwise acceptableunder the evaluation factors contained herein andpermittable under all applicable laws, but thatnevertheless results in adverse environmentalimpact, the applicant shall be required to miti-gate this impact. The purpose of mitigation issolely to compensate for unavoidable adverse en-vironmental impacts. Mitigation should not beused to make an otherwise nonpermittable projectpermittable. Mitigation plans must maximize thepreservation of existing natural resources. Indetermining mitigation procedures the term mit-


3407Supp. No. 58

igation includes the following methods, in theorder of priority in which they should be utilized:

(1) Avoiding the impact altogether by nottaking a certain action or parts of anaction;

(2) Minimizing impacts by limiting the de-gree or magnitude of the action or itsimplementation;

(3) Rectifying the impact by repairing, reha-bilitating, or restoring the affected envi-ronment;

(4) Reducing or eliminating the impact overtime by preservation and maintenanceoperations during the life of the action;

(5) Compensating for the impact by replacingor providing substitute resources or envi-ronments.

After-the Fact permits that require mitigationshall provide twice as much mitigation as wouldhave been required if a class I, II, or III permitwas obtained prior to the commencement of con-struction.

The Department of Environmental ResourcesManagement shall adopt rules by ordinance toimplement the foregoing evaluation factors.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.5. Permit issuance; waiver of

bonding requirements.

(1) Issuance of a Department permit does notrelieve the applicant from obtaining all requiredfederal, State and local permits.

(2) Following approval by the Board of CountyCommissioners or after submitting a short formapplication, a construction permit may be issuedto the permit applicant and a contractor holdingan applicable certificate of competency, provided:

(a) Construction plans, calculations and spec-ifications are submitted which have beenprepared by an engineer or architect orland surveyor where applicable registeredin the State of Florida and which complywith the requirements of this Chapter

and other particular conditions, includ-ing, but not limited to, requirements forriprap, and monitoring programs.

(b) The permit fee has been paid.

(c) A performance bond and a mitigation bond,if applicable, is posted in an amount de-termined by the Director. The maximumamount of said performance bond shall beone hundred (100) percent of the esti-mated cost of the work or one hundredthousand dollars ($100,000.00) whicheveris less. The performance bond being toguarantee compliance with terms of thepermit and to protect the interest of thepublic and of landowners in the vicinity ofthe work. The Director or the Director'sdesignee may waive the performance bondif the Director or the Director's designeedetermines that the proposed project isnot expected to affect the interests of thepublic or landowners in the vicinity of thework and noncompliance with the termsof the permit will only affect the permitapplicant. The Director or the Director'sdesignee may also waive performancebonds for work performed by utility com-panies, for work performed by governmen-tal agencies pursuant to Section 24-48.8of this chapter and for work approvedunder a short form permit applicationpursuant to Section 24-48.2(I)(A)(22) and(23).

A separate mitigation bond may be re-quired by the DERM to be posted in orderto insure that environmental enhance-ment features associated with the projectand required by the permit are completedin a satisfactory manner. These include,but are not limited to, the placement ofriprap, the replanting of mangroves orseagrass, the installation of sewagepumpout stations, the construction of pub-lic piers or shoreline walkways and theconstruction of artificial reefs. The maxi-mum amount of said mitigation bond shallbe one hundred (100) percent of the cost ofthe environmental enhancement featuresof the project. The required performanceand mitigation bonds may be required to


3408Supp. No. 58

remain in force for up to six (6) monthsafter the approved completion date of thework covered by the bond.

(d) Evidence of ownership, a lease, a consentof use or an easement for the submergedlands upon which the proposed work intidal waters will occur under a class Ipermit. For proposed work on submergedlands owned by a federal, state, county,municipal, or other governmental entity,evidence of ownership or a lease of theupland and a.) the written consent of thefederal, state, county, municipal, or othergovernment entity owning the submergedlands upon which the work is proposed or,b.) lease from the federal, state, county,municipal, or other governmental entityowning the submerged lands upon whichthe work is proposed, shall be required.Written consent shall be in a form pre-scribed by the Director of the Departmentof Environmental Resources Manage-ment or the Director's designee.

(e) For all work to be performed in the NorthTrail Wetland Basin or the Bird DriveEverglades Wetland Basin within the Ur-ban Development Boundary Line (as shownon the Land Use Plan Map of the Com-prehensive Development Master Plan, asadopted December 6, 1988), a contribu-tion as mitigation to compensate for allunavoidable adverse environmental im-pacts associated with the proposed workhas been made to the Department. Theamount of said contribution shall be setby administrative order approved by theBoard of County Commissioners and shallprovide for the acquisition, restoration,enhancement, management or monitor-ing of wetlands in Miami-Dade County.

(3) The Department may require inspectionsby a registered engineer employed by the permit-tee as part of the permit procedure. The engineermay be required to furnish a report to the Depart-ment a minimum of every three (3) months on theprogress of the work and will produce appropriatedrawings of record or other type of documentationas required by the Director.

(4) If the engineer who provided certificationpursuant to Section 24-48.2(I)(B)(2) or pursuantto Section 24-48.2(II)(A)(4) is discharged by theproperty owner or his agent, or if said engineerceases to work on the proposed or approved work,the property owner shall be required to obtain anew engineer who shall meet all the requirementsof an engineer required by this article.

(5) If the engineer who provided certificationpursuant to Section 24-48.2(I)(B)(2) or pursuantto Section 24-48.2(II)(A)(4) is discharged by theproperty owner or his agent, or if said engineerceases to work on work allowed under a permit,all work allowed by the permit shall immediatelycease and shall not be resumed until a newengineer is obtained pursuant to the require-ments of this article.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 07-175, § 2, 12-4-07; Ord. No. 08-55, § 2, 5-6-08)

Sec. 24-48.6. Owner-builder permits in lieu

of owner-contractor permits.

At the discretion of the Director or the Director'sdesignee, owner-builder permits may be issuedfor the following types of work, and thereby waivethe requirement that the permit be issued jointlyto the owner and a certified contractor:

(1) Repair of seawalls: Repair of seawalls orbulkheads at the mean high water line orat their existing location (excluding pile-driving operations and/or panel installa-tions).

(2) Placement of riprap: The placement ofriprap in front of an existing or newseawall, bulkhead or shoreline, providedthere is no adverse environmental impactassociated with the project.

(3) Where the upland property is zoned assingle-family residential:

(a) Repair, replacement or restoration ofdocks which are limited to or lessthan their original dimensions andwhich together with associated tie-upfacilities, do not protrude into thewater more than twenty-five (25)percent of the width of the waterway


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(excluding pile-driving operations andany associated dredging and filling).

(b) Installation of buoys, when it is de-termined that the proposed installa-tion will not present a hazard tonavigation.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.7. Permit fees—Schedule.

The Department shall charge and collect appli-cation and permit fees at the rate established byseparate administrative order which shall notbecome effective until approved by the Board ofCounty Commissioners.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.8. Same—Waiver.

The Department may waive the permit fee forall work covered under this article and performedby a federal, State, municipal or other local gov-ernmental agency, whether this work is per-formed by employees of said agency or by aprivate firm or corporation under contract withthe agency. However, such federal, State, munic-ipal or other local governmental agency or privatefirm or corporation under contract therewith shallnot be relieved of the responsibility of obtaining apermit for work covered under the provisions ofthis article. The Director of said Department alsomay waive all requirements concerning posting ofa performance bond by any governmental agencywhenever the work is to be performed by employ-ees of said agency, provided that, in lieu of theposting of a performance bond, said agency shallfurnish said Department satisfactory written as-surances that the work performed by its employ-ees will comply fully with all requirements of thepermit; and provided, further, that the Director ofsaid Department may waive the posting of aperformance bond by any private firm or corpora-tion under contract with any governmental agencywhen said firm or corporation shall have posted asatisfactory and acceptable bond with the saidgovernmental agency, proof of such bond havingbeen furnished by said agency to the Department.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.9. Time of completion of work;

extension of completion time

and new permits for incom-

plete work.

(1) All work authorized by a permit issuedpursuant to this article shall be completed withinthe time periods set forth in the permit in accor-dance with the following schedule, unless anotherperiod of time is permitted as set forth in theresolution granting approval of the permit by theBoard of County Commissioners:

Class I and Class IV short formpermits . . . . . . . . . . . . . . . . . . . . . . . . 2 years

Class I and Class IV short formpermits for which a public hear-ing has been requested pursuantto Section 24-48.2(I)(B)(1) . . . . . . . 2 years

Class I and Class IV standardform permits . . . . . . . . . . . . . . . . . . . 3 years

Class I short form permits fortrimming, cutting or any otheralteration of mangrove tree(s) . . . 3 years

Class I short form permits fortrimming, cutting or any otheralteration of mangrove tree(s), forwhich a public hearing has beenrequested pursuant to Section 24-48.2(I)(B)(1) . . . . . . . . . . . . . . . . . . . . 3 years

Class I standard form permits fortrimming, cutting or any otheralteration of mangrove tree(s) . . . 3 years

Class IV short form permits forrockmining. . . . . . . . . . . . . . . . . . . . . 10 years

Class IV short form permits forrockmining for which a public hear-ing has been requested pursuantto Section 24-48.2(I)(B)(1) . . . . . . . 10 years

Class IV standard form permitsfor rockmining . . . . . . . . . . . . . . . . . 10 years

Class II permits . . . . . . . . . . . . . . . . 1 year

Class II permits for which a pub-lic hearing has been requestedpursuant to Section 24-48.2(I)(B)(1) 1 year

Class III permits . . . . . . . . . . . . . . . 1 year


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Class III permits for which a pub-lic hearing has been requestedpursuant to Section 24-48.2(I)(B)(1) 1 year

Class V permits . . . . . . . . . . . . . . . . 120 days

Class VI permits . . . . . . . . . . . . . . . 1 year

(2) Extensions of time for completion of workbeing performed pursuant to a permit issuedpursuant to this article may be granted by theDirector or the Director's designee provided that:

(a) The application for the extension of timeis in a form prescribed by the Director ofthe Department of Environmental Re-sources Management and is accompaniedby the fee for such application.

(b) The application for the extension of timeis filed in the form prescribed by theDirector or the Director's designee withthe Director or the Director's designee atleast thirty (30) calendar days prior to thetime of expiration of the time period setforth in the permit or in a prior extensionof time.

(c) The Director or the Director's designeehas determined that the applicant for theextension of time has affirmatively estab-lished by competent factual data and in-formation in the application that:

(i) There have been no substantialchanges in the environment at thelocation of the work authorized bythe permit occurring subsequent tothe date of issuance of the permit orprior extension of time.

(ii) Neither an adverse environmentalimpact nor cumulative adverse envi-ronmental impact will occur if theextension of time is granted.

(iii) The work authorized by the permitas well as authorized under any priorextension of time has been per-formed, to date, substantially in ac-cordance with the permit and anyrestrictions, limitations or condi-tions which are part of the permit.

(iv) The applicant for the extension oftime has agreed to any additional

conditions, limitations or restric-tions to the issued permit requiredby the Director or the Director's des-ignee which are consistent with theapproval of the Board of County Com-missioners or, in the case of shortform permits, consistent with theoriginal approval of the issued shortform permit by the Director or theDirector's designee. In the case ofrock mining, such conditions, limita-tions, or restrictions shall not reducethe deep mining area and volumepreviously permitted.

(d) The requested time period for the exten-sion of time when combined with all timeperiods previously approved for perfor-mance of authorized work pursuant to theoriginal permit and prior extensions oftime shall not exceed a total of twenty-five(25) years duration for rock mining andten (10) years duration for all other work,unless another period of time is permittedas set forth in the resolution grantingapproval of the permit by the Board ofCounty Commissioners.

(3) Applications for extensions of time whichare not timely filed pursuant to Section 24-48.9(2)(b) hereinabove shall be returned to theapplicant. The applicant shall be required to filean application for a new permit pursuant to theprovisions of this article to obtain the authoriza-tion to complete the previously authorized incom-plete work. The fee for the new permit shall bebased upon the nature and amount of the incom-plete work.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.10. Maintenance of permitted

work; abatement of hazard-

ous conditions.

Any privately owned work or structure autho-rized by a permit issued pursuant to the require-ments of this article shall be privately maintainedby the applicant, his successors and assigns.Whenever, in the opinion of the Director, saidwork or structures are not maintained in such amanner as to prevent deterioration to the extent


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that they become a hazard to the public or tonavigation, [or] an obstruction of flow, or preventaccess for drainage maintenance purposes, ormay damage adjacent property, then the Directorshall notify the owner in writing to remedy thesame by alteration, adjustment or removal at theowner's expense; provided, however, that withinfifteen (15) days after receipt of written noticefrom the Director, the owner may appeal thematter by requesting in writing a hearing beforethe Environmental Quality Control Board. If noappeal is taken to the Environmental QualityControl Board and the owner has not performedremedial work within thirty (30) days from thedate of such notice, or if an appeal is taken andthe Board, after hearing and notice thereof, shalldetermine that remedial work is necessary andthe owner does not perform the remedial workwithin the time established by the Board for theperformance, the Director shall have the same orany other remedial work that in the Director'sopinion will alleviate or eliminate the situation,including, but not limited to, total demolition ofthe structure, performed at the County's expense;and the County shall have a lien prior in dignityto all other liens, excepting city and County taxesand liens of equal dignity therewith, on the realproperty of the owner to the extent of the cost tothe County, including administrative cost for theremedial work. Notice of such lien, executed inthe name of the County Commission, shall berecorded in the proper books kept by the Clerk ofthe Circuit Court of the County and shall remainin full force and effect for a period of twenty (20)years from the date thereof, unless sooner paidand satisfied; and the Director shall, in writing,advise the County Attorney at least one (1) yearprior to the expiration of the twenty-year periodof any such liens that have not been satisfied, inorder that the same may be foreclosed if neces-sary.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.11. Inspection of permit work; no-

tice of failure to comply with

approved plans and specifica-

tions.

(1) Any duly authorized representative of theDepartment may enter and inspect any property,premises or place, except a building, on or at

which work is located or is being conducted, atany reasonable time for the purpose of ascertain-ing the state of compliance with this article, orrules and regulations of the Department. Noperson shall refuse immediate entry or access toany authorized representative of the Departmentwho requests such entry or access for the purposeof inspection, and who presents appropriate cre-dentials; nor shall any person obstruct, hamper orinterfere with any such inspection. If requested,the owner of the premises shall receive a reportsetting forth all facts found which relate to com-pliance status.

(2) During work for which a permit has beenissued, the Department shall make periodic in-spections to insure conformity with the approvedplans and specifications referred to in Section24-48.5 of this chapter.

(3) If during the work, the Department findsthat the work is not being done in accordancewith the said approved plans and specifications, itshall give the permittee and/or contractor and theengineer of record written notice, stating withwhich particulars of the approved plans and spec-ifications the work is not in compliance. Failure toact in accordance with the requirements of theDepartment after receipt of written notice mayresult in the initiation of revocation proceedingsin accordance with Section 24-48.13 of this arti-cle.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.12. Filing of statement of comple-

tion of permitted work; exemp-

tions; release of bonds; forfei-

ture of bonds.

(1) Within thirty (30) days after completion ofthe work, the permittee or contractor shall filerecord drawings certified by the engineer of recordwith the Department. Work exempt from submit-ting plans prepared by an engineer and an archi-tect under this article shall also be exempt fromthe requirements of this provision. Work whichhas been determined by the Department, duringits final inspection of the project, to be in compli-ance with the approved plans for the project withno significant deviation, as determined by the


3412Supp. No. 58

Director or the Director's designee, may be ex-empted by the Director or the Director's designeefrom the filing of record drawings as requiredabove. The Florida Departments of Transporta-tion and Environmental Protection are exemptfrom the requirement to submit record drawingsfor projects authorized by class I, class II, classIII, class IV, class V, or class VI permits.

(2) At the discretion of the Director or theDirector's designee the performance and mitiga-tion bonds may be released upon completion ofthe final inspection by the Department and thesubmittal of the record drawings, if required, orfor a period up to six (6) months after the ap-proved completion date of the work covered by thebond.

(3) If the Director or the Director's designeedetermines that work authorized by a class I,class II, class III, class IV, class V or class VIpermit has not been performed in accordance withthe approved plans upon which the permit wasissued or has not complied with all of the condi-tions or special conditions of the permit, theDirector or the Director's designee shall notify thepermittee of such noncompliance and specify aperiod of time in which the permittee shall corrector otherwise bring the project into compliancewith the permit. In the event that the permitteefails or is unable to comply with the requirementsof the notice, the Director or the Director's desig-nee may, in addition to available enforcementremedies, call the performance and/or mitigationbonds for the project. Funds from the forfeiture ofsaid bonds shall be placed into the Biscayne BayEnvironmental Enhancement Trust Fund for usein the general restoration and enhancement ofBiscayne Bay.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.13. Suspension, revocation, mod-

ification, change of permit; no-

tice.

(1) If the Director or the Director's designeedetermines that the permittee or contractor is notperforming the work in accordance with the pro-visions of the permit or the approved plans uponwhich the permit was issued, the Director or the

Director's designee may order suspension of thepermit or the stopping of work until such time asthe permittee and/or contractor has complied withthe permit or plans. In such cases, the permitteeand/or contractor shall take all necessary precau-tions to leave the work area in a safe and securecondition.

(2) Modification(s) to a permit issued for workhereunder must be approved by the Department.If, in the opinion of the Director, the proposedmodification(s) will result in a substantial changeto the project, said modification(s) shall be subjectto a public hearing before the Board of CountyCommissioners.

(3) A violation of the conditions, restrictions orlimitations imposed by the Board of County Com-missioners or the Department and made part ofthe permit, and/or failure of the permittee orcontractor to perform said work in accordancewith the approved plans and specifications thereof,or any material false statement in the applicationmay result in the revocation in whole or in part ofa permit issued for work hereunder.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.14. Judicial review of decisions

concerning permits.

Any person aggrieved by any decision of theBoard of County Commissioners with regard tothe granting, denial, granting with limitations,restrictions or conditions, or the revocation ormodification of any permit in this article mayseek judicial review in accordance with the Flor-ida Rules of Appellate Procedure.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-48.15. Comprehensive environmen-

tal impact statement.

(1) Procedure.

(a) The Director shall determine which of thecomprehensive environmental impactstatement assessment points described inSection 24-5 shall be addressed by a par-ticular comprehensive environmental im-pact statement. The Director's decisionshall be based upon a preapplication con-ference held between a permit applicant


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and the Department and based upon anyother relevant information submitted bythe applicant or available to the Depart-ment.

(b) The criteria to be used at a preapplicationconference for determining the scope of acomprehensive environmental impactstatement shall include the following:

(i) The relevance of the proposed workto each of the items described inSection 24-48.3(1)(a). Relevance shallbe based upon both direct and indi-rect factors such as but not limitedto location of the proposed work,proximity of the work to environmen-tally sensitive areas, past experiencewith similar work, and scope andmagnitude of the proposed work.

(ii) The extent to which each of the com-prehensive environmental impactstatement assessment points mayprovide useful information and datarelating to each of the items forwhich the proposed work is deter-mined to be relevant.

(2) The format for a comprehensive environ-mental impact statement shall followguidelines established by the Director.

(3) A comprehensive environmental impactstatement shall not be required for any ofthe following work:

(a) Construction of one (1) single-familyresidence consistent with existingzoning regulations.

(b) Access driveway to a single-familyresidence within a lot zoned for one(1) single-family residence.

(c) Agriculture on five (5) acres of landor less, ancillary to an existing single-family residence, or ancillary to asingle-family residence under con-struction, as allowed under Miami-Dade County zoning regulations.

(d) Rockplowing or other agriculturaldevelopment in the East Evergladesarea of critical environmental con-cern when said agriculture is allow-

able under Chapter 33B of the Codeof Miami-Dade County, Florida, andis consistent with the best manage-ment practices under Chapter 33Bof the Code of Miami-Dade County,Florida.

(e) Rockmining within the transitionalNortheast Everglades when saidrockmining is consistent with Miami-Dade County lake criteria.

(f) Elevated boardwalks.

(g) Class I short form permit applica-tions.

(4) The Director may, in his discretion, ex-empt an applicant from the requirementof preparing a new comprehensive envi-ronmental impact statement for a permitapplication for proposed work which workhas been previously the subject of a deac-tivated application by the same applicant.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.16. Prohibition of top pruning of

mangrove trees.

It shall be unlawful for any person to top pruneor authorize, allow, suffer or permit the top prun-ing of mangrove trees in a coastal band commu-nity. No class I permit shall be approved or issuedfor the top pruning of coastal band mangrovetrees except for that top pruning which is neces-sary for the protection of overhead power lines.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-48.17. Registration, examination, and

certification requirements for

professional mangrove trim-

mers.

Pursuant to the authority granted by Section403.9324, Florida Statutes, it shall be unlawfulfor any person to perform mangrove trimming orto authorize, allow, suffer, permit, or supervisemangrove trimming anywhere in Miami-DadeCounty without first having registered with theDepartment and having paid the registration feeauthorized by Section 403.9329, Florida Statutes,in an amount established by administrative orderof the County Manager and approved by the


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Board of County Commissioners. Prior to under-taking to perform any trimming activities autho-rized under the exemption provided by Section403.9326(1)(a), Florida Statutes, a registered pro-fessional mangrove trimmer shall:

(1) Provide written notice to the Departmenta minimum of ten (10) days prior to thecommencement of trimming activities oneach property. The notice shall includethe location, the property owner's name,principal address and phone number, andthe date of the proposed commencementof work; and

(2) Personally supervise the trimming activ-ity; and thereafter notify the Departmentwithin twenty-four (24) hours if any man-groves are "altered" (as defined in Section403.9325(1), F.S.) as a result of the work.The professional mangrove trimmer's reg-istration shall be valid for a period of one(1) year and may be renewed by the De-partment prior to its expiration upon priorpayment of the registration renewal fee inan amount established by administrativeorder of the County Manager and ap-proved by the Board of County Commis-sioners.

Upon the effective date of the ordinance fromwhich this section derives, all applicants for cer-tification as professional mangrove trimmers shallbe required to have passed an examination de-signed to test the applicant's knowledge and abil-ity in this field. The Department shall offer awritten, oral or practical examination, or a com-bination of the aforesaid. The fee for examinationand certification shall be in an amount estab-lished by administrative order of the CountyManager and approved by the Board of CountyCommissioners. A person who has paid the re-quired fee and obtained certification shall beexempt from the registration requirements andfees described in Section 24-48.17 of the Code ofMiami-Dade County, Florida, for the time periodthe certification is valid.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.18. Transfer of permits.

(1) The Director, or the Director's designee, ishereby authorized and empowered to transfer, inwhole or in part, short form and standard formclass I, class II, class III, class IV, class V or classVI permits issued pursuant to this Article fromthe person (transferor) who has obtained theissued permit to another person (transferee) andshall transfer same, provided:

(a) The completed application for transfer isfiled in writing with the Director, or theDirector's designee, on or before one hun-dred and twenty (120) days after the dateof transfer of fee simple ownership of theproperty which is the subject of the per-mit, and

(b) The application for transfer is determinedby the Director, or the Director's designee,to be completed on or before one hundredand twenty (120) days after the date oftransfer of fee simple ownership of theproperty which is the subject of the per-mit approval, and

(c) That all of the requirements of (3) beloware fulfilled.

(2) The Director, or the Director's designee, ishereby authorized and empowered to transfer, inwhole or in part, short form and class I, class II,class III, class IV, class V or class VI permitapprovals by the Board of County Commissionersfrom the person (transferor) who obtained thepermit approval from the Board of County Com-missioners to another person (transferee) andshall transfer same, provided:

(a) The completed application for transfer isfiled in writing with the Director, or theDirector's designee, on or before one hun-dred and twenty (120) days after the dateof transfer of fee simple ownership of theproperty which is the subject of the per-mit approval, and

(b) The application for transfer is determinedby the Director, or the Director's designeeto be completed on or before one hundredand twenty (120) days after the date of


3415Supp. No. 58

transfer of fee simple ownership of theproperty which is the subject of the per-mit approval, and

(c) All of the requirements of (3) below arefulfilled.

(3) Requirements for transfer:

(a) The subject project shall be in compliancewith all of the restrictions, limitations,and conditions of the issued Class I, ClassII, Class III, Class IV, Class V or Class VIpermit or permit approval and any re-lated covenants running with the land atthe time of submittal of the application fortransfer, and continuously throughout thetime period during which the applicationfor transfer is being processed by theDepartment.

(b) The completed application for transfershall be filed jointly in writing by theproposed transferor and transferee in aform prescribed by the Director, or theDirector's designee, not later than ninety(90) days prior to the expiration date ofthe issued permit and, for permit approv-als granted by the Board of County Com-missioners for which a permit has not yetbeen issued, not later than ninety (90)days prior to expiration of the permitapproval.

(c) If the person to whom the permit has beenissued or permit approval granted trans-fers fee simple ownership of the propertywhich is the subject of the permit orpermit approval prior to submittal to theDepartment of the application for trans-fer, the proposed transferee shall be thecurrent fee simple property owner andevidence of such fee simple property own-ership shall be provided to the Depart-ment as part of the application for trans-fer.

(d) The proposed transferee shall agree inwriting, in a form prescribed by the Direc-tor or the Director's designee, to complywith all the existing conditions, limita-

tions, and restrictions of the issued per-mit or granted permit approval as part ofthe application for transfer.

(e) The proposed transferee shall post a per-formance and mitigation bond, if applica-ble, in the same amount and form as iscurrently required in the existing permitfor the subject project as part of the ap-plication for transfer.

(f) All applicable fees for such transfer shallbe paid as part of the application fortransfer.

(g) All additional information requested bythe Director or the Director's designeewith respect to the subject property shallbe provided to the Department as part ofthe application for transfer within thetime period required by the Director orthe Director's designee.

(h) The proposed transferee shall agree toany additional conditions, limitations orrestrictions to the issued permit requiredby the Director or the Director's designee,which are consistent with the issued shortform or issued standard form permit and,for permit approvals granted by the Boardof County Commissioners, any additionalconditions, limitations or restrictions whichare consistent with the original grantingof the approval by the Board of CountyCommissioners, as part of the applicationfor transfer. In the case of rockmining,such conditions, limitations, or restric-tions shall not reduce the deep miningarea and volume previously permitted.

(i) The proposed transferee has not beenconvicted of a violation of any provision ofChapter 24 of the Code of Miami-DadeCounty, Florida within the seven (7) yeartime period prior to the filing of the appli-cation for transfer.

(j) The proposed transferee has not beenadjudicated in violation of any provisionof Chapter 24 of the Code of Miami-DadeCounty, Florida, within the five-year timeperiod prior to the filing of the applicationfor transfer.


3416Supp. No. 58

(k) The proposed transferee shall provide ev-idence of compliance with all of the follow-ing provisions of the Code of Miami-DadeCounty, Florida as part of the applicationfor transfer:

(i) Section 24-48.2(I)(B)(1)

(ii) Section 24-48.2(I)(B)(2)

(iii) Section 24-48.2(II)(A)(2)

(iv) Section 24-48.2(II)(A)(3)

(v) Section 24-48.2(II)(A)(4)

(vi) Section 24-48.2(II)(A)(7)

(vii) Section 24-48.2(II)(A)(8)

(viii) Section 24-48.2(II)(A)(9)

(ix) Section 24-48.5(a)

(x) Section 24-48.5(b)

(xi) Section 24-48.5(c)

(xii) Section 24-48.5(d)

(xiii) Section 24-48.5(e)

(4) The Department is hereby prohibited fromprocessing any application for transfer of a permitor permit approval which is:

(a) Incomplete, or

(b) Not timely filed, or

(c) Not timely completed in accordance withthe provisions of Sections 24-48.18 (1), (2)and (3).

(5) The Department is hereby prohibited fromapproving any application for transfer of a permitor permit approval which does not fulfill each andevery requirement set forth in this section.

(6) No later than sixty (60) days after theapproval by the Director, or the Director's desig-nee, of the date of transfer of a class I, class II,class III, class IV, class V, or class VI permit orpermit approval, the transferee shall provide tothe Department the same evidence of fee simpleownership of the property by the transferee re-quired pursuant to the provisions of Section 24-48.2(I)(B)(1)(c) or Section 24-48.2(II)(A)(1) of theCode of Miami-Dade County, Florida if such evi-dence of fee simple ownership of the property bythe transferee has not already been provided tothe Department.

(7) A mortgagee or lien-holder who obtains feesimple ownership and possession of real propertythrough foreclosure or settlement of an action forforeclosure shall be eligible to be a transfereeafter acquisition of the fee simple ownership ofthe property, subject to the fulfillment of all therequirements in (3) above, provided a completeapplication for transfer is filed in writing with theDepartment not later than one hundred and twenty(120) days after the mortgagee or lien-holderobtains the fee simple ownership of the propertyand not later than ninety (90) days prior to theexpiration date of the issued permit or grantedpermit approval. The signature of the prior prop-erty owner shall not be required on the applica-tion for transfer.

(8) All transfers of class I, class II, class III,class IV, class V, and class VI issued permits andgranted permit approvals by the Board of CountyCommissioners which have been processed by theDepartment prior to the effective date of Ordi-nance No. 90-130 are hereby approved, con-firmed, and made effective retroactive to thedates of such transfers.

(9) It shall be unlawful for any person toperform work, or authorize, allow, suffer or per-mit work to be performed requiring a Class I,Class II, Class III, Class IV, Class V, or Class VIpermit after a fee simple transfer of a propertyunless the Department has approved an applica-tion for transfer of the issued permit authorizingthe current fee simple property owner to performthe work.

(10) The Environmental Quality Control Boardshall not have any jurisdiction pursuant to Sec-tion 24-11, Section 24-8 or Section 24-12 of theCode of Miami-Dade County with respect to anyof the provisions of this section contained herein.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.19. Permit issuance.

Approvals of class I, class II, class III, class IV,class V and class VI permits by the Board ofCounty Commissioners shall only be valid for aperiod of thirty (30) months, in the case of rockmin-ing, or for a period of eighteen (18) months, for allother work, from the date of the approval unless


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another time period is stated in the resolutiongranting approval. If the applicant has not ob-tained a permit issued by the Department withinthirty (30) months, in the case of rockmining, orwithin eighteen (18) months, for all other work,from the date of the approval by the Board ofCounty Commissioners or within the time periodstated in the resolution granting approval, then anew application for a permit shall be filed. Uponthe timely application of any person, other thanthe person seeking the permit, filed in a court ofcompetent jurisdiction which seeks judicial re-view in accordance with Section 24-48.14 of theCode of Miami-Dade County, Florida, of a decisiongranting or granting with limitations, restrictionsor conditions of any permit in this article, thetime periods hereinabove shall be tolled untildisposition of the judicial review. All approvals ofclass I, class II, class III and class IV permits bythe Board of County Commissioners prior to De-cember 7, 1990 for which the applicant has notobtained a permit issued by the Departmentwithin twelve (12) months from the effective dateof this ordinance shall be null and void and nopermit shall be issued by the Department.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.20. North Trail Basin Plan.

Except as provided in Section 24-48.3(5)(e), allwork performed in the North Trail Basin shall beconsistent with the North Trail Basin Plan, whichis hereby adopted by reference in its entirety. TheClerk of the Board of County Commissioners isdirected to keep a copy of the North Trail BasinPlan on file as an attachment to this ordinance.All work in the North Trail Basin shall be consis-tent with the goals, guidelines, standards, andproject design criteria set forth in the North TrailBasin Plan to ensure the maintenance of, ormitigation for the loss of, biological resources. Allwork in the North Trail Basin shall conform to theNorth Trail Basin cut and fill criteria which havebeen set forth in Department Technical Document89-4 to ensure proper water management.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.21. Bird Drive Everglades Wetland

Basin Plan.

Except as provided in Section 24-48.3(5)(e), allwork performed in the Bird Drive Everglades

Wetland Basin shall be consistent with the BirdDrive Everglades Basin Plan, which is herebyincluded by reference in its entirety. The Clerk ofthe Board of County Commissioners is directed tokeep a copy of the Bird Drive Everglades BasinPlan on file as an attachment to this ordinance.All work in the Bird Drive Everglades WetlandBasin shall be consistent with the goals, guide-lines, standards, and project design criteria setforth in the Bird Drive Everglades Basin Plan toensure the maintenance of, or mitigation for theloss of, biological resources. Work in the BirdDrive Everglades Wetland Basin shall also con-form with the Bird Drive Everglades Fill Encroach-ment and Water Management Criteria which havebeen set forth to ensure proper water manage-ment.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-48.22. Biscayne Bay and environs

designated aquatic park and

conservation area.

(1) In recognition that is in the interest of thepublic welfare to protect and preserve unique,natural, aesthetic and recreational values, BiscayneBay and its environs is hereby declared to be an"aquatic park and conservation area" for the useand benefit of the citizens of Miami-Dade County.

(2) The County Manager is hereby empoweredto develop a plan for the protection and preserva-tion of said "aquatic park and conservation area"including the initiation and coordination of appro-priate research and analysis, the development ofboth short and long-range plans, and the promul-gation of rules and regulations which, after rati-fication by the Board of County Commissionersand the appropriate agencies of the State ofFlorida and of the federal government, shall havethe force and effect of law.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.23. Prohibition of floating struc-

tures.

It shall be unlawful for any person to construct,place, maintain, permit, let, allow, suffer or causethe construction, placement, maintenance or ex-istence of any floating structure in, on, or upon


3418Supp. No. 58

any of the tidal waters of Miami-Dade County.This prohibition shall not apply to any floatingstructure placed, maintained or in existence in,on, or upon any of the tidal waters of Miami-DadeCounty on the effective date of Ordinance No.84-56. This prohibition furthermore shall not ap-ply to residential houseboats, floating boat docks,floating fishing docks, or other floating structuresupon which only water dependent uses occur orexist. All floating structures which are not prohib-ited by this section, except residential house-boats, shall be required to obtain a class I permit.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-48.24. Prohibition of non-water-de-

pendent fixed structures.

It shall be unlawful for any person to construct,place, install, maintain, permit, allow, suffer orcause the construction, placement, installation,maintenance or existence of any fixed structurein, on, over or upon any of the tidal waters ofMiami-Dade County which does not have a water-dependent use. Fixed structures which do nothave a water-dependent use include, but are notlimited to, residences, offices, hotels, motels, res-taurants, lounges, retail or wholesale stores, clubhouses, helicopter pads, meeting facilities, com-mercial signs, transmitting or receiving antennasand towers, or storage or parking facilities. Thisprohibition shall not apply to fixed structuresthat were fully permitted on the effective date ofthis section or to their repair providing permitsare obtained.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-48.25. Procedure governing vari-

ances for prohibited floating

structures and prohibited

fixed structures.

All applications for variances of floating struc-tures and fixed structures prohibited by Sections24-48.23 and 24-48.24 of this Code shall be heardand ruled upon by the Board of County Commis-sioners. Any person requesting said variance shallsubmit a standard form class I coastal construc-tion application and application fee to the Depart-ment, which shall review said application andmake a recommendation to the Board of County

Commissioners for approval, denial or approvalsubject to conditions, limitations or restrictionsfor the proposed variance. The Board of CountyCommissioners shall hold a public hearing con-cerning the proposed variance. A notice of thetime and place of said public hearing shall bepublished in a newspaper of general circulation inMiami-Dade County a minimum of seven (7) daysprior to the public hearing. Said notice shallinclude a brief description of the proposed workand the location of the proposed work. A courtesynotice containing substantially the same informa-tion set forth in said published notice shall bemailed to those parties whose names appear onthe application as the owners of all riparian orwetland property within three hundred (300) feetof the proposed work. Failure to mail or receivesaid courtesy notice shall not affect any action orproceeding taken thereunder. The Director, whenmaking the Director's recommendation to theBoard of County Commissioners, and the Board ofCounty Commissioners, when considering the vari-ance request, may consider any or all of thefollowing factors: Visual or physical access by thegeneral public to Biscayne Bay and its adjacenttidal waters, historical significance, the need forcovered vessel repair facilities, environmental im-pact or cumulative environmental impact, navi-gation, public safety, aesthetics, the provisions ofSection 258.397 F.S., which established theBiscayne Bay Management Plan (Section 33D-1through 33D-4), the Biscayne Bay Aquatic Pre-serve Act (Section 258.397 F.S.), the Rules of theBiscayne Bay Aquatic Preserve (Chapter 18-18F.A.C.) as well as the evaluation factors containedwithin Section 24-48.3. The Board of CountyCommissioners shall, after holding the publichearing, approve, deny or approve subject toconditions, limitations or restrictions, the vari-ance proposed under the application.

If the Board of County Commissioners ap-proves a variance, the procedures concerning is-suance of a permit contained within Section 24-48.5 shall be followed.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


3419Supp. No. 58

DIVISION 2. TREE PRESERVATION ANDPROTECTION

Sec. 24-49. Permits for tree removal and re-

location, improperly issued per-

mits, violation of permit condi-

tions, exemptions from tree

removal permits; mortgagee ex-

emption from liability.

(1) It shall be unlawful for any person, unlessotherwise permitted by the terms of this article,to do tree removal work or to effectively destroyany tree, or to effectively destroy any understoryin a natural forest community, without first ob-taining a permit from the Department.

(2) No municipal or County official shall issuea tree removal permit that does not comply withthe provisions of this article. Any such permitshall be void.

(3) It shall be unlawful for any person toviolate or not comply with any of the conditions ofa Miami-Dade County tree removal permit.

(4) The following activities are exempt fromtree removal permits:

(a) Removal of trees within the yard area ofan existing single-family residence, pro-vided the trees are not within a naturalforest community, and are not specimentrees. This exemption does not apply totrees which are growing on County rights-of-way adjoining existing single-family res-idences;

(b) Removal of trees for the construction of anew single-family residence, provided that:

(i) The lot is one (1) acre or less in size(43,560 square feet), if an AU zonedlot, or one-half (1/2) acre or less insize (21,780 square feet), for anyother zoned lot; and

(ii) The lot is being developed as theprincipal residence of the owner-builder; and

(iii) The lot is not within an area desig-nated as a natural forest commu-nity; and

(iv) The trees are not specimen trees.

(c) Removal of any dead tree.

(d) Removal of trees within State-approvedplant nurseries and botanical gardens,provided said trees were planted and aregrowing for the display, breeding, propa-gation, sale or intended sale to the gen-eral public in the ordinary course of busi-ness.

(e) Removal of trees for the establishment,maintenance and operation of a bona fidegrove or bona fide tree nursery, exceptwhen the proposed tree removal is tooccur in a natural forest community des-ignated under Resolution No. 1764-84 orunder subsequent revisions of the naturalforest community maps or when the pro-posed tree removal will affect specimentrees as defined herein. Any person desir-ing to remove trees pursuant to this pro-vision shall obtain written approval fromthe Department prior to the commence-ment of any such activities under thisexemption.

(f) Removal of any of the following tree spe-cies (provided the activity is not within anatural forest community, in which case apermit shall be required, but all applica-tion and permit fees shall be waived bythe Department):

(i) Melaleuca quinquenervia (cajeput orpaperbark tree).

(ii) Casuarina spp. (Australian pine,beefwood).

(iii) Schinus terebinthifolius (Brazilianpepper).

(iv) Bischofia javanica (bishopwood).

(v) Ricinus communis (castorbean).

(vi) Psidium guajava (guava).

(vii) Albizia lebbek (woman's tongue).

(viii) Acacia auriculaeformis (earleaf aca-cia).

(ix) Schefflera actinophylla (QueenslandUmbrella Tree).

(x) Araucaria heterophylla (Norfolk Is-land Pine).


3420Supp. No. 58

(xi) Metopium toxiferum (poison wood).

(xii) Adenanthera pavonina (red sandal-wood).

(xiii) Cupaniopsis anacardioides (car-rotwood).

(xiv) Dalbergia sissoo (Indian dalbergia,sissoo).

(xv) Ficus microcarpa (=R. nitida; =F.retusa varnitida) (laurel fig).

(xvi) Flacourtia indica (governor's plum).

(xvii) Hibiscus tiliaceus (mahoe).

(xviii) Leucaena leucocephala (lead tree).

(xix) Mimosa pigra (catclaw mimosa).

(xx) Thespesia populnea (seaside mahoe).

(g) Removal of any tree which has been de-stroyed or effectively destroyed by an Actof God, or by acts outside of the control ofany person, individually or otherwise, whohas or had a legal, beneficial or equitableinterest in the real property upon whichsuch tree is located, which acts could nothave been prevented by the exercise ofreasonable care by any such person, indi-vidually or otherwise, who has or had alegal, beneficial or equitable interest inthe real property upon which such tree islocated. Where a tree has been destroyedor effectively destroyed by acts outside ofthe control of a person who has or had alegal, beneficial or equitable interest inthe real property upon which such tree islocated, which acts could not have beenprevented by the exercise of reasonablecare by such person, this provision shallbe construed to impose joint and severalliability upon the person(s) destroying oreffectively destroying such tree, and toexempt from liability for such destructionor effective destruction the person whohas or had a legal, beneficial or equitableinterest in the real property upon whichsuch tree is located.

(h) Removing, trimming, cutting or alteringof any mangrove tree or removal of anytree located upon land which is wetlandsas defined in Section 24-5. Trees located

upon land which is wetlands as defined inSection 24-5 and mangrove trees locatedanywhere in Miami-Dade County shall besubject to the permitting requirements ofArticle IV of this chapter.

(i) Removal of a tree or trees within a bonafide fruit grove for the express purpose ofconverting said bona fide fruit grove toanother bona fide agricultural purpose,provided however, that the owner of thereal property upon which the bona fidefruit grove is planted has entered into acovenant agreement with Miami-DadeCounty in the form approved by the Boardof County Commissioners, which cove-nant requires that said property shallonly be used for bona fide agriculturalpurposes for a period of five (5) years fromthe date of execution. The form for saidcovenant agreement shall be approved bythe Board of County Commissioners byresolution concurrently with the approvalof this ordinance so that all covenantagreements submitted pursuant to thisprovision can be executed and accepted bythe Director and then recorded in theOfficial Records of Miami-Dade Countywithout the necessity of additional publichearings. In the event that the provisionsof said covenant are not complied with,the Director may commence an action inlaw or equity to ensure adherence withthe replanting requirements contained inSection 24-49.4 of the Code of Miami-Dade County.

(5) Any mortgagee with respect to propertyupon which any violation of this tree ordinancehas occurred shall not be liable for such violationunless, prior to said violation, said mortgagee hasforeclosed upon said property or participated inthe management or control of said property, orunless said mortgagee has effected or caused thetree ordinance violations occurring on said prop-erty.

(6) Notwithstanding the provisions of Section24-31(7) herein, if actions or omissions constitut-ing a violation of this article occurred at a timewhen the completed actions or omissions were not


3421Supp. No. 58

prohibited by law, such completed actions or omis-sions shall not constitute a violation of this arti-cle.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.1. Permits generally.

Tree removal permits are required for the re-moval or relocation of any tree not specificallyexempted under Section 24-49(4). The Depart-ment shall provide permit application forms whichshall be used by permit applicants. An owner,agent of the owner, or lessee of a property mayapply for a tree removal permit. If the permitapplication is a lessee or agent of the owner, astatement from the owner of the property indicat-ing that the owner has no objection to the pro-posed tree removal shall be submitted with theapplication. The permit applicant shall submit tothe Department a completed application form.Permit application forms shall be accompanied bytwo (2) sets of site plans which are subject toreview and approval by the Department. The siteplan shall include the locations of all existing treeresources and all proposed structures or utilitieswhich may require removal or relocation of trees.The Department may require that said plans beprepared by either a landscape architect, archi-tect or an engineer registered in the State ofFlorida. If the submitted site plan does not pro-vide sufficient information to determine whichtrees will be affected by the proposed develop-ment, the Department may require that a treesurvey of the site be prepared and submitted tothe Department for review.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-49.2. Review and evaluation of per-

mit applications, natural for-

est community standards, spec-

imen tree standards.

A review of each completed tree removal permitapplication shall be conducted by the Depart-ment. This review and all actions taken by theDepartment under the provisions of this articleshall be conducted using best available practicesfrom biology, botany, forestry, landscape architec-ture and other relevant fields, and shall be con-ducted in a manner that is consistent with all

applicable goals, objectives and policies in theComprehensive Development Master Plan for Mi-ami-Dade County, Florida. Upon receipt of a com-pleted permit application, the Department shalldetermine whether the site contains any portionof a natural forest community, specimen trees orany other trees subject to the provisions of thisarticle as follows:

(1) If a site contains any portion of a naturalforest community, then the provisions ofSection 24-49.2(I) shall apply. If any per-son is in doubt as to whether a particularproperty has been designated as a naturalforest community, said person may re-quest a written determination from theDepartment. Said written determinationshall state whether or not a particularproperty has been so designated by theBoard of County Commissioners in theforest community maps under Resolution1764-84 and shall be prepared by theDepartment within twenty (20) days ofreceipt of said request.

Any property owner of a designated nat-ural forest community site may requestthat the Department verify the desig-nated boundaries of a specific naturalforest community site or may request thata specific site be deleted from the ap-proved natural forest community maps.Requests for verification of the designatedboundaries of a specific natural forestcommunity site or the deletion of a spe-cific site from the approved maps shall bemade in writing to the Department. Uponreceipt of such requests, Departmentalstaff shall inspect the site and make adetermination whether the approvedboundaries accurately reflect the currentboundaries of a natural forest communityas defined herein, or whether a site shouldbe deleted from the approved maps. If it isdetermined that the approved boundariesof a specific natural forest community siteare no longer accurate, the Director or theDirector's designee shall modify the ap-proved boundary of the natural forestcommunity. One (1) copy of the modifiedboundary shall be furnished to the person


3422Supp. No. 58

who originated the request within thirty(30) days of receipt of the original requestand another copy shall be made perma-nently available at the Department forreference by the public. If it is determinedthat a specific natural forest communitysite in its entirety no longer meets thedefinition of a natural forest communityas defined herein, the Director shall rec-ommend to the Board of County Commis-sioners that the site be deleted from theapproved natural forest community maps.

(2) If a site contains any specimen trees, thenthe provisions of Section 24-49.2(II) shallapply.

(3) If there are trees present on a site otherthan any portion of a natural forest com-munity or specimen trees, then the re-placement provisions of Section 24-49.4shall apply.

(4) In the event that a site contains anycombination of natural forest community,specimen trees or other trees, then Sec-tions 24-49.2(I), 24-49.2(II), and 24-49.4shall be applied in proportion to the pres-ence of each type of tree or community.

The standards to be applied in reviewingtree removal permit applications involv-ing natural forest communities or speci-men trees are as follows:

(I) Natural Forest Community Stan-

dards.

(1) Upon receipt of an applicationfor tree or understory removalwork in a natural forest com-munity, Departmental staff shallverify that the site currentlymeets the definition of a natu-ral forest community as de-fined herein. If Departmentalstaff determine that a site nolonger meets the definition of anatural forest community, thenthe Director shall recommendto the Board of County Commis-sioners that the site be deletedfrom the natural forest commu-nity maps. Upon approval by

resolution of the Board ofCounty Commissioners, the sitewill no longer be subject to theprovisions of Section 24-49.2(I),but may nevertheless be sub-ject to the provisions of Sec-tions 24-49.2(II) and 24-49.4.In the event that Departmentalstaff determine that the sitecurrently meets the definitionof a natural forest communityas defined herein, but the bound-ary line shown on the approvedmaps no longer accurately re-flects the boundary of a naturalforest community as definedherein, the boundary of the nat-ural forest community as shownon the approved maps shall bemodified by the Director or theDirector's designee. One (1) copyof the modified boundary shallbe furnished to the propertyowner and another copy shallbe made permanently availableat the Department for refer-ence by the public. If the bound-aries of a natural forest commu-nity are modified, only that areaencompassed within the modi-fied boundary of the naturalforest community shall be sub-ject to the provisions of thissection.

(a) Except as provided in Sec-tion 24-49.2(I)(1)(c) below,a permit shall not be is-sued to clear more thanten (10) percent of the can-opy and understory of anyhardwood hammock natu-ral forest community ormore than twenty (20) per-cent of the canopy andunderstory of any pinelandnatural forest community,provided said sites are five(5) acres or greater. If asite has a total area of lessthan five (5) acres and the


3423Supp. No. 58

natural forest communitycovers all or a portion ofthe site, a permit may beissued to clear up to one-half (1/2) acre within a ham-mock natural forest com-munity and up to one (1)acre within a pineland nat-ural forest community, onlyif the clearing of ten (10)percent or twenty (20) per-cent, respectively, does notallow some use of the prop-erty.

(b) The remaining portions ofall natural forest commu-nity sites, outside of theareas where tree andunderstory removal havebeen permitted by the De-partment, shall be deemedpreserve areas and shallbe left in a natural state.Additional clearing of treesor understory shall be pro-hibited in these preserveareas, except as autho-rized by other provisionsof this article. Firebreaksfor pineland natural for-est community preservesshall be permitted, and thetotal area encompassed bythe firebreaks (up to amaximum of ten (10) per-cent of the natural forestcommunity site) shall notbe included in the totalarea which is permitted tobe cleared, pursuant toSection 24-49.2(I)(1)(a) and(c). Required dedicatedpublic rights-of-way andrequired public utilityeasements in pineland andhammock natural forestcommunities shall be ex-cluded (up to a maximumof ten (10) percent of thenatural forest community

site) from the total areaspermitted to be cleared,pursuant to Section 24-49.2(I)(1)(a) and (c). Thecriteria for determiningwhich portion of a naturalforest community shall bepreserved are as follows:

(i) Whether the preser-vation area affordsmaximum protectionto rare, threatenedand endangered spe-cies.

(ii) Whether the preser-vation area affordsmaximum protectionto areas of high wild-life utilization suchas, but not limitedto, nesting or breed-ing areas.

(iii) Whether the preser-vation area is locatedto minimize the num-ber of trees andunderstory vegeta-tion that is to be re-moved and disturbedfor development.

(iv) Whether the preser-vation area is locatedto protect the geolog-ical and archaeologi-cal value of the site.

(v) Whether the preser-vation area is locatedcontiguous with an-other natural forestcommunity.

(c) Permits for tree andunderstory removalswithin natural forest com-munities that are issuedin accordance with Sec-tion 24-49.2(I)(1)(a) and (b)above shall not require anytree or understory replace-ment. As an alternative to


3424Supp. No. 58

Section 24-49.2(I)(1)(a).above, a permit may beissued to clear up to anadditional ten (10) per-cent of a pineland naturalforest community, providedthat tree and understoryreplacement are a require-ment of the permit. Saidtree and understory re-placement shall provide forthe replacement of onehundred (100) percent can-opy coverage equal to thesquare footage of the ad-ditional area to be clearedregardless of the actualtree canopy containedtherein to account for thereplacement of the treesand understory, pursuantto the provisions of Sec-tion 24-49.4(1)(b)(i).

(d) Any permit issued for theremoval of trees andunderstory within a natu-ral forest community shallinclude a specific require-ment which allows a min-imum of fifteen (15) daysfor the salvaging of nativeplant materials within thearea which is permitted tobe cleared. However, anyperson desirous of salvag-ing plant materials mustfirst have authorizationfrom the permittee orowner of the property,which authorization shallnot be unreasonably with-held. The Departmentshall maintain a list ofpersons interested in sal-vaging native plant mate-rials and shall notify themimmediately upon issu-ance of such a permit.

(2) Alternatives to the provisionsof Section 24-49.2(I)(1). In or-

der to provide for unique de-sign considerations for the re-placement requirements inSection 24-49.2(I)(1)(c) above,and to address natural forestcommunity sites which arewithin the 1990 Urban Devel-opment Boundary, the follow-ing shall apply:

(a) Alternative tree andunderstory replacementplans may be submittedfor projects which requiremitigation, pursuant toSection 24-49.2(I)(1)(c)above, that are outside ofthe 1990 Urban Develop-ment Boundary. Said al-ternative plan shall be pre-pared by a landscapearchitect or other individ-ual knowledgeable in thefield of natural area resto-ration, and shall indicatethe deviations from thestandard requirement andjustification for approval.

(b) Alternative tree andunderstory replacementand preservation plansmay be submitted forprojects which affect nat-ural forest communitieswhich are located withinthe 1990 Urban Develop-ment Boundary and whichcannot meet the expressterms of Section 24-49.2(I)(1). In such cases,the applicant shall havethe burden of demonstrat-ing that a proposed projectmeets the intent of thisarticle and that the provi-sions of Section 24-49.2(I)(1) cannot be met.

(i) At a minimum, analternative tree andunderstory replace-


3425Supp. No. 58

ment and preserva-tion plan shall in-clude:

1. A statementsealed by alandscape archi-tect registeredin the State ofFlorida that in-dicates that hehas preparedthe submittedplan and thatthe intent ofthis article caneffectively bemet through thesubmission ofan alternativeplan; provided,however, if theproject only en-compasses asingle familyresidence withancillary facili-ties, then saidstatement andplan may bemade by an in-dividual knowl-edgeable in thefield of naturalarea restora-tion;

2. The proposed lo-cation of all veg-etation preser-vation andreplantings(consisting ex-clusively of na-tive species), allproperty lines,and all proposedor existingstructures,driveways andutility ease-ments; and

3. A tabulationthat identifiesany deviationsfrom the re-quirements ofSection 24-49.2(I)(1) andexplicitly pro-vides for equiv-alent compensa-tion byalternative re-planting (con-sisting exclu-sively of nativespecies) or trustfund contribu-tions.

(ii) Approval of the planshall be determinedby the Department.The Departmentshall consider the fol-lowing factors in eval-uating the alterna-tive preservationplan:

1. Whether theproposed planpreserves a por-tion of the nat-ural forest com-munity.

2. Whether theproposed planprovides for on-site or off-sitereplanting, in-cludingunderstory re-planting.

3. Whether theproposed planprovides for anequitable con-tribution to theMiami-DadeCounty TreePreservation


3426Supp. No. 58

Trust Fundwhen the mini-mum preserva-tion standardsof Section 24-49.2(I)(1) arenot met.

(3) Modified preservation and re-placement plan based upon jus-tifiable, detrimental reliance al-lowed. In order to address thesecases in which a person haspurchased natural forest com-munity property in justifiable,detrimental reliance upon writ-ten representations of Depart-ment staff made prior to theenactment of Chapter 24-49 ofthe Code of Miami-Dade Countyregarding replacement and pres-ervation requirements for saidproperty, the following shall ap-ply:

Any owner of a naturalforest community prop-erty who has purchasednatural forest communityproperty in justifiable, det-rimental reliance uponwritten representations ofDepartment staff madeprior to the enacting ofChapter 24-49 [Article IV]of the Code of Miami-DadeCounty may submit to theDepartment an applica-tion for approval of a mod-ified replacement and pres-ervation plan which shallincorporate the replace-ment and preservation re-quirements reflected in theagreement relied upon. Insuch cases, the applicantshall have the thresholdburden of demonstratingto the Department and theBoard of County Commis-sioners the detrimental,

justifiable reliance whichprovides the basis for hisapplication.

(a) The Department shallmake its recommendationto the Board of CountyCommissioners, and theBoard of County Commis-sioners shall make its de-cision, for denial or ap-proval with conditions ofthe modified replacementand preservation plan. Inevaluating the proposedmodified preservation andreplacement plan, and inmaking the threshold de-termination of whether theapplicant has purchasednatural forest communityproperty in justifiable, det-rimental reliance uponwritten representations ofDepartment staff madeprior to the enactment ofChapter 24-49 [Article IV]of the Code of Miami-DadeCounty, the Departmentshall make its recommen-dation, and the Board ofCounty Commissionersshall make its decision,based upon the followingfactors:

(i) At a minimum, theapplication for modi-fied replacement andpreservation planshall reflect that theelements provided forin Section 24-49.2(I)(2)(b)(i)1, 2,and 3 above are in-cluded in the pro-posed plan, provided,however, that, if theBoard of CountyCommissioners deter-mines that the appli-cant purchased nat-


3427Supp. No. 58

ural forestcommunity propertyin justifiable, detri-mental reliance uponwritten representa-tions of Departmentstaff made prior toenactment of Chap-ter 24-49 of the Codeof Miami-DadeCounty, and if thewritten representa-tions relied upon didnot address tree re-placement or treecompensation re-quirements, then thetree replacement ortree compensation re-quirements applica-ble at the time of suchjustifiable, detrimen-tal reliance may bemade a part of themodified replacementand preservationplan.

(ii) In addition to the el-ements provided forin Section 24-49.2(I)(2)(b)(i)1, 2,and 3, the applica-tion for modified re-placement and pres-ervation plan shallinclude informationregarding the follow-ing factors:

1. The nature ofthe written rep-resentations re-lied upon:Whether therepresenta-tions by the De-partment couldbe construed tobe a final deter-mination re-garding preser-

vation andreplacement re-quirements forthe subjectproperty; and

2. The existence ofa permit orwritten consentagreement withthe Depart-ment: Whethera tree removalpermit or con-sent agreementwith the De-partment wasentered into bythe owner of thesubject propertyor his immedi-ate predecessorin title prior topurchase of thesubject prop-erty; and

3. The circum-stances of theproperty pur-chase: Whether(a) the purchaseof the subjectproperty oc-curred before orafter enactmentof Chapter24-49 of theCode of Miami-Dade County,and (b) the pur-chase of thesubject propertyoccurred close intime to the dateof the writtenrepresenta-tions reliedupon, and (c)the owner haslegal represen-tation or other


3428Supp. No. 58

professional as-sistance in ne-gotiating andconcluding saidpurchase; and

4. Subsequentdealings withthe Depart-ment: Whetherthe applicanthad dealingswith the De-partment occur-ring subsequentto the date ofthe written rep-resentations re-lied upon andprior to the dateof purchase ofthe subjectproperty.

The Board of CountyCommissioners shallhold a public hear-ing concerning theapplication. A noticeof the time and placeof said public hear-ing shall be publishedin a newspaper ofgeneral circulation inMiami-Dade Countya minimum of seven(7) days prior to thepublic hearing. Saidnotice shall includea brief description ofthe proposed replace-ment and preserva-tion plan and the lo-cation of the subjectnatural forest com-munity property.

(iii) Appeal from denialof modified preserva-tion and replacementplan. Any person ag-grieved by any deci-

sion of the Board ofCounty Commission-ers pursuant to thisSection 24-49.2(I)(3)may seek judicial re-view in accordancewith the FloridaRules of AppellateProcedure.

(II) Specimen Trees Standards.

(1) Specimen trees application.

Specimen trees shall be pre-served whenever reasonablypossible. Upon receipt of an ap-plication to remove a specimentree, the Department shall con-sider the following factors inevaluating said application:

(a) Size and configuration ofthe property.

(b) Size and configuration ofany proposed development.

(c) Location of the tree rela-tive to any proposed devel-opment.

(d) Whether or not the treecan be preserved under theproposed plan or any al-ternative plan.

(e) Health, condition and aes-thetic qualities of the tree.

(f) Whether the tree poses athreat to persons or prop-erty.

(2) Alternate plans. If, upon reviewof the factors enumerated inSection 24-49.2(II)(1), the De-partment determines that aspecimen tree cannot reason-ably be preserved under theproposed plan, then the appli-cant shall provide an alternateplan when feasible, which shallinclude preservation of the spec-imen tree and design alter-ations consistent with the scopeand intent of the initially-pro-posed plan. Alterations consis-


3429Supp. No. 58

tent with the scope and intentof the initially-proposed planmay include, but shall not belimited to:

(a) An adjustment of buildingorientation on a site.

(b) An adjustment of lot lineswithin a site proposal formore than one (1) lot whensaid adjustment will notcause an unreasonable lossof usable space. An appli-cant shall have the bur-den of proof in the deter-mination of whatconstitutes an unreason-able loss of usable space.

(3) Specimen tree relocation. If pres-ervation of the specimen treeand any alternate design con-sistent with the scope and in-tent of the initial plan are mu-tually exclusive, then theDepartment may issue a per-mit to relocate the specimentree. If the tree removal permitrequires relocation, then the ap-plicant shall be required to re-locate the tree in accordancewith the standards set forth inSection 24-49.6.

(4) Removal of specimen trees. Ifrelocation of the specimen treeis not feasible, due to the size,health, location, species or anyother factor, then a permit maybe issued for removal, and treereplacement shall be required.

(5) Replacement requirements for

specimen trees. As a conditionof the issuance of a tree re-moval permit for the removal ofa specimen tree, tree replace-ment requirements shall betwice those specified in Section24-49.4(2)(c). In the event thatreplacement is not feasible on-site, then alternative off-site re-placement shall be required, or,

as a last alternative, there shallbe a contribution to the Miami-Dade County Tree Trust Fundfor the full value of the replace-ment trees. Notwithstanding theabove, there shall also be anequitable contribution to the Mi-ami-Dade County Tree TrustFund for the irreplaceable lossof the aesthetic and environ-mental contributions of the spec-imen tree(s), according to thecontribution schedule estab-lished by the Board of CountyCommissioners, pursuant toSection 24-49.9.

(6) Exemptions from specimen tree

replacement requirements. Anapplicant may be exempt fromthe replacement requirementsof Section 24-49.2(II)(5), but sub-ject to the tree replacement re-quirements in Section24-49.4(2)(c), under the follow-ing circumstances:

(a) Upon submittal of a state-ment from a landscape ar-chitect registered in theState of Florida which in-dicates that a specimentree, due to disease, con-dition, growth habit or anyother reasonable botani-cal factor, does not pro-vide the aesthetic or envi-ronmental contributionassociated with a speci-men tree. Said statementshall include the specificreason(s) for the claimedexemption from the provi-sions of Section 24.49.4(2).

(b) When preservation of thespecimen tree would causea foreseeable risk to prop-erty.

(c) When a site contains morethan one (1) specimen tree,and fifty (50) percent or


3430Supp. No. 58

more of the existing spec-imen trees and at leastfifty (50) percent of theexisting specimen tree can-opy area is preserved.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.3. Preliminary review of projects

involving tree removal or relo-

cation.

The Department shall review and comment onthe following actions: Any application for zoningrelief which requires a public hearing before theMiami-Dade County Community Zoning AppealsBoard or the Board of County Commissioners;applications for plat approval; administrative siteplan review; applications for approval of develop-ment plans by the developmental impact commit-tee and the South Florida Regional PlanningCouncil; proposed plans for new roadways orimprovements to highway design projects; pro-posed plans for new public park and recreationalareas and other public facilities. This reviewprocedure shall determine if a tree removal per-mit is required under Section 24-49, and whetherthe following standards, when applicable, areadhered to:

(1) Any proposed action that does not involvespecimen trees or development in a natu-ral forest community shall be subject tothe replacement standards in Section 24-49.4.

(2) Development within natural forest com-munities or involving specimen trees:

(a) If it is determined that the proposeddevelopment site is within a naturalforest community or involves re-moval of a specimen tree, the stan-dards set forth in Section 24-49.2shall apply. Proposed site actionsthat are not in accordance with saidstandards shall receive a recommen-dation of denial from the Depart-ment.

(b) Notwithstanding any provision of thisCode, no County or municipal officer,agent, employee or Board shall ap-

prove, grant or issue any buildingpermit, certificate of use and occu-pancy (except for changes in owner-ship), platting action (final plat,waiver of plat or equivalent munici-pal platting action) or zoning actionrequiring a public hearing before theMiami-Dade County Community Zon-ing Appeals Board or the Board ofCounty Commissioners for any landuse involving division of propertyinto parcels less than five (5) acreswithin natural forest communitieswithout obtaining the prior writtenrecommendation of the Director orthe Director's designee. The Directoror the Director's designee shall issuehis written recommendation of ap-proval only if the Director or theDirector's designee determines thata preservation area equivalent insize to the minimum preservationarea required for the site under Sec-tion 24-49.2(I) has been designatedprior to the proposed action.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.4. Replacement requirements for

tree removal.

(1) Tree replacement requirements. As a condi-tion of the issuance of a tree removal permit, thepermittee shall be required to replace trees thatare authorized to be removed under the provi-sions of this article. The number of trees andnumber of species of trees required for replace-ment shall be determined according to the proce-dures contained herein. When the replacementcanopy area exceeds ten thousand (10,000) squarefeet, replacement shall be described in a land-scape replacement plan which shall meet theminimum requirements of Section 24-49.4(3), andno tree removal permit shall be issued until saidplan has been approved by the Department, ex-cept as provided in Section 24-49.4(4).

(a) The following are exempt from this sec-tion:

(i) All tree removal activities includedin Section 24-49(4).


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(ii) All tree removal permits affectingnatural forest community sites whichmeet the specific preservation re-quirements of Section 24-49.2(I)(1)(a)and (b).

(iii) Trees which have been successfullyrelocated, pursuant to Section 24-49.6.

(b) Natural forest community replacementrequirements.

(i) Pursuant to Section 24-49.2(I)(1)(c).,tree and understory replacement forpineland natural forest communitiesshall include the following:

1. All species proposed for replant-ing shall be native to Miami-Dade County's pinelands.

2. For each additional one-half (1/2)acre which is permitted to becleared, fifty (50) replacementpine trees (Pinus elliotti var.densa) shall be provided. Saidpine trees shall meet the stan-dards in either Section 24-49.4(4)(a)(i) or (ii); if the pinetrees meet the standards of Sec-tion 24-49.4(4)(a)(i), then sixhundred twenty-six (626)pineland understory and groundcover plants which meet thestandards of Section 24-49.4(4)(a)(ii) shall be provided;if the pine trees meet the stan-dards of Section 24-49.4(4)(a)(ii),then six hundred seventy-six(676) pineland understory andground cover plans which meetthe standards of Section 24-49.4(4)(a)(ii) shall be provided.The number of replacementplants for areas which are lessthan one-half (1/2) acre shall bedetermined on a prorated ba-sis.

3. The diversity of understory andground cover species provided

shall be maximized to the great-est extent possible based onavailability of materials.

4. An eighty (80) percent survivalrate after one (1) year shall beguaranteed for all pineland nat-ural forest community replace-ment plantings.

(ii) As an alternative to Section 24-49.4(1)(b)(i) above, a monetary con-tribution, equal to the cost of thereplacement plants, labor costs forinstallation, and survival rate guar-antee costs, may be made to theMiami-Dade County Tree Trust Fund.Said funds shall be utilized by theCounty to reestablish pineland onCounty-owned property or to pur-chase pinelands for preservation pur-poses.

(iii) All other applications for the re-moval of trees or understory withinnatural forest communities whichmeet the requirements of Section24-49.2(I)(1)(a) and (b) or Section24-49.2(I)(2) shall not require anytree or understory replacement.

(c) Specimen tree replacement requirements.As required in Section 24-49.2(II)(5), thereplacement requirements for the re-moval of a specimen tree shall be twicethose specified in this section, except asnoted in Section 24-49.2(II)(6).

(2) Procedures for determining tree replace-

ment requirements. The Department shall deter-mine the total number of replacement trees re-quired for the issuance of a tree removal permitaccording to the following procedural steps:

(a) Step 1: Determining existing tree canopy

coverage on-site. The area of existing treecanopy coverage of a site shall be deter-mined by the Department, using one (1)or any combination of the following meth-ods: Review of aerial photography; on-siteinspection; and review of a tree survey.The Department may require the appli-cant to submit a tree survey for the pur-pose of this determination.


3432Supp. No. 58

(b) Step 2: Determining impact area of pro-

posed project. The area of existing canopycoverage which will be affected (impactarea) by the applicant's proposed develop-ment shall be determined by the Depart-ment. This determination shall be basedon a site plan and completed tree removalpermit application form submitted to theDepartment by the applicant.

(c) Step 3: Determining number of replace-

ment trees required to be planted. Thetotal number of trees required for replace-ment shall be based on the area of impactand the category of replacement tree se-lected by the applicant. Each replacementtree shall compensate for a portion of thetree canopy lost in the impact area. Thefollowing table shall be used as a stan-dard for determining the required num-ber of replacement trees:

Category Replace-

ment Tree:

Portion of Impact

Area that each re-

placement tree com-

pensates for in

square feet:

Shade Tree 1 500Shade Tree 2 300Palm Tree 1 300Palm Tree 2 100Small Tree 200

Any combination of shade trees, palmtrees, or small trees shall be acceptablereplacement, provided the total numberof trees from all replacement categoriescompensate for the lost canopy. In theevent that a replacement tree actuallyhas more canopy coverage at the time ofplanting than the amount of credit al-lowed under the tree replacement for-mula above, then the applicant shall re-ceive full credit for the canopy coverageprovided by the replacement tree at thetime of planting. The applicant shall sub-mit a list of proposed replacement treeson a form provided by the Department,except when the total number of replace-ment trees exceeds twenty (20), and thenthe applicant shall be required to submita landscape replacement plan consistent

with the provisions of Section 24-49.4(3).Proposed replacement lists or plans aresubject to Departmental approval. TheDepartment shall approve proposed re-placement trees that are consistent withthe standards of Section 24-49.4(3).

(d) Step 4: Location of replacement trees. Spe-cific placement of replacement trees on-site shall be determined by the applicant.If the site cannot accommodate the re-quired replacement trees because of insuf-ficient planting area as determined by theDepartment, then the applicant shall berequired to plant replacement trees at anoff-site location subject to Departmentalapproval, or, as a last alternative, shallprovide an equitable contribution to theMiami-Dade County Tree Trust Fund tocompensate for those replacement treeswhich cannot be accommodated on site.The amount of the contribution shall bedetermined according to the provisions ofSection 24-49.8. If any applicant is indoubt as to whether a particular site cansufficiently accommodate the requirednumber and species of replacement treesas initially determined by the Depart-ment, then the applicant shall submit astatement prepared by a landscape archi-tect registered in the State of Florida,indicating whether, in his professionalopinion, the site can accommodate therequired number of trees and species.Upon receipt of said statement, the De-partment shall reevaluate its initial de-termination and provide the applicant witha revised determination of requirements.In the event that the landscape architectis in agreement with the Department'sdetermination of available planting space,however, due to design considerations,the applicant would elect to propose analternative landscape enhancement planor an equitable contribution to the Miami-Dade County Tree Trust Fund, then theprovisions of Section 24-49.4(4) or 24-49.2(II)(5), respectively, shall apply.

(e) Step 5: Minimum species diversity stan-

dards. When more than ten (10) trees are


3433Supp. No. 58

required to be planted in accordance withthe provisions of this section, a diversityof species shall be required. The numberof species to be planted shall be based onthe overall number of trees required. Theapplicant shall be required to meet thefollowing minimum diversity standards:

Required Number of

Trees

Minimum Number

Species of

11—20 221—50 451 or more 6

Permittees shall not be required to plantin excess of six (6) species. The number oftrees of each species planted shall beproportional to the number of species re-quired. A minimum of fifty (50) percent ofall replacement trees planted shall benative to Miami-Dade County, and nomore than thirty (30) percent of the re-placement trees shall be palms. However,when native trees are removed, all replace-ment trees shall be native species. As analternative to the minimum species diver-sity required herein, an applicant maypropose an alternative species diversity inan alternative landscape enhancement plandescribed in Section 24-49.4(4).

(f) Step 6: Minimum standards for replace-

ment trees.

(i) All replacement trees shall have aminimum quality of a Florida No. 1grade or better.

(ii) The Department shall maintain alist of species for each category ofreplacement tree. This list may beamended from time to time, as nec-essary. Replacement tree heights shallbe determined by overall height mea-sured from where the tree meets theground to the top-most branch.

1. All category 1 replacementshade trees shall be a mini-mum of twelve (12) feet in heightat the time of planting and atmaturity should have a canopy

coverage of five hundred (500)square feet under normal grow-ing conditions.

2. All category 2 replacementshade trees shall be a mini-mum of eight (8) feet in heightat the time of planting and atmaturity should have a canopycoverage of five hundred (500)square feet under normal grow-ing conditions.

3. All category 1 replacement palmtrees shall have a minimumheight of ten (10) feet at thetime of planting and at matu-rity should have a canopy cov-erage of three hundred (300)square feet under normal grow-ing conditions.

4. All category 2 replacement palmtrees shall have a minimumheight of three (3) feet at thetime of planting and at matu-rity should have a canopy cov-erage of one hundred (100)square feet under normal grow-ing conditions.

5. All replacement small trees shallhave a minimum height of six(6) feet at the time of plantingand at maturity should have acanopy coverage of two hun-dred (200) square feet undernormal growing conditions.

(3) Requirements for a landscape replacement

plan. Except as provided in Section 24-49.4(4), alandscape replacement plan shall be submitted tothe Department by the permit applicant when aminimum of ten thousand (10,000) square feet ofreplacement canopy is required under the provi-sions of Section 24-49.4(2). All landscape replace-ment plans shall meet the following minimumstandards:

(a) The number of trees, number of species oftrees, and size of trees proposed for plant-ing shall be consistent with Section 24-49.4(2).


3434Supp. No. 58

(b) The applicant shall submit a site planthat includes the proposed replacementlocations of all replacement plantings andtree relocations, all property lines, and allproposed and existing structures, drive-ways and utility easements.

(c) The canopy spread of any tree that isproposed for preservation shall be shownon the plan. Where a portion of the canopyof a tree or trees shall be removed withoutremoval of the trees, a notation shall bemade on the plan.

(4) Alternatives to the provisions of Sections

24-49.4(2) and 24-49.4(3). Instead of replacing allaffected trees pursuant to the provisions of Sec-tions 24-49.4(2) and 24-49.4(3), an applicant maypropose to relocate existing trees or propose aunique project design which provides reasonableassurance that the project complies with theintent to maintain tree canopy.

(a) Generally, as an exception to the require-ments of Section 24-49.4(2), and in orderto provide for development of exceptionalor unique landscape designs which cannotmeet the express terms of Section 24-49.4(2), an applicant may submit an alter-native landscape enhancement plan. Asan alternative to the requirements in Sec-tion 24-49.4(2)(c), tree replacement creditmay be granted for planting shrubs orground covers, based upon the followingtable, provided, however, that a minimumof fifty (50) percent of the required canopyreplacement is achieved by using shadetrees and palm trees as required by Sec-tion 24-49.4(2)(c).

Category of Tree Al-

ternative Shrub or

Ground Cover:

Portion of Impact

Area that Each Tree

Alternative Shrub,

or Ground Cover

Compensates for in

Square Feet:

Shrub 1 (includingsmall palms)

60

Shrub 2/GroundCover

30

(i) All category 1 tree alternative shrubsshall be a minimum of two (2) feet in

height at the time of planting and atmaturity should have a canopy cov-erage of sixty (60) square feet undernormal growing conditions.

(ii) All category 2 tree alternative shrubsor ground covers shall have a rootsystem sufficient to sustain growthand at maturity should have a can-opy coverage of ten (10) to twenty(20) square feet under normal grow-ing conditions.

(b) The applicant shall have the burden ofdemonstrating that a design meets theintent of this article. At a minimum, analternative landscaping enhancement planshall include, without limitation:

(i) A statement, prepared by a land-scape architect registered in the Stateof Florida, which indicates that theintent of this article can be effec-tively met through the submission ofthe alternative design; and

(ii) A site plan, prepared by a landscapearchitect registered in the State ofFlorida, that includes the proposedlocation, scientific name or descrip-tion of all vegetation to be preservedor planted, all property lines, and allproposed or existing structures, drive-ways and utility easements; and

(iii) A tabulation that identifies any de-viations from the requirements ofSection 24-49.4(2) and explicitly pro-vides tree replacement alternatives.

(c) The Department shall approve an alter-native landscape enhancement plan when:

(i) The design preserves and incorpo-rates existing vegetation; and

(ii) The design exceeds the minimumrequirements or equivalent of Sec-tion 24-49.4(2).

(d) Preservation credit for relocated trees.Permittees who successfully relocate treesshall receive full credit for the relocatedtrees and the tree replacement require-ments herein shall not apply to such relo-


3435Supp. No. 58

cated trees. All relocated trees shall meetthe standards set forth in Section 24-49.6for tree relocation.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.5. Tree protection requirements

during construction.

(1) During site development, protection require-ments for trees designated for preservation underan approved tree removal permit shall include,but not be limited to, the following:

(a) Protective barriers shall be placed aroundeach tree, cluster of trees, or the edge ofthe preservation area no less than six (6)feet (in radius) from the trunk of anyprotected tree, cluster of trees, or preser-vation area unless a lesser distance isspecified by the Department. Protectivebarriers shall be a minimum of four (4)feet above ground level and shall be con-structed of wood, plastic or metal, andshall remain in place until development iscompleted and the Department has autho-rized their removal. Protective barriersshall be in place prior to the start of anyconstruction.

(b) Understory plants within protective bar-riers shall be protected.

(c) No excess oil, fill, equipment, buildingmaterials or building debris shall be placedwithin the areas surrounded by protectivebarriers, nor shall there be disposal of anywaste material such as paints, oils, sol-vents, asphalt, concrete, mortar or anyother material harmful to trees orunderstory plants within the areas sur-rounded by protective barriers.

(d) Trees shall not be braced in such a fashionas to scar, penetrate, perforate or other-wise inflict damage to the tree.

(e) Natural grade shall be maintained withinprotective barriers. In the event that thenatural grade of the site is changed as aresult of site development such that thesafety of the tree may be endangered, treewells or retaining walls are required.

(f) Underground utility lines shall be placedoutside the areas surrounded by protec-tive barriers. If said placement is notpossible, disturbance shall be minimizedby using techniques such as tunneling oroverhead utility lines.

(g) Fences and walls shall be constructed toavoid disturbance to any protected tree.Post holes and trenches located close totrees shall be dug by hand and adjustedas necessary, using techniques such asdiscontinuous footings, to avoid damageto major roots.

(2) Exceptions to the provisions of Section 24-49.5(1). Exceptions to the requirements of Section24-49.5(1) shall be approved only when the per-mittee receives specific written authorization fromthe Director or the Director's designee. The Direc-tor or the Director's designee shall not issuewritten approval unless the Director or theDirector's designee determines that the affectedtree(s) can be adequately protected without meet-ing the requirements of Section 24-49.5(1), or dueto exceptional circumstances it is not practical orreasonable to meet the requirements of Section24-49.5(1).

(3) If the requirements of Section 24-49.5(1)(a)through (g) are not adhered to by the permitteeand the trees are effectively destroyed, then allsuch trees shall be replaced according to thestandards of Section 24-49.4(2), in addition tobeing subject to the penalty provisions of Sections24-29, 24-30 and 24-31 of the Code of Miami-DadeCounty.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.6. Tree relocation standards.

The relocation of any tree that is subject to theprovisions of this article shall be consistent withthe following minimum standards:

(1) Trees other than palms:

(a) Tree roots shall be severed in such amanner as to provide a root ballwhich is sufficient to ensure survivalof the tree when relocated. A suffi-


3436Supp. No. 58

ciently-sized planting hole shall beprovided at the relocation site toensure successful regrowth.

(b) After root severing, adequate timeshall be allowed prior to replantingto ensure survival of the tree(s). Af-ter root severing and prior to reloca-tion, tree(s) shall be watered a min-imum of twice weekly. Afterrelocation, tree(s) shall be watered aminimum of twice weekly until thetree(s) are established.

(c) During removal and transportationof the tree, the root ball and vegeta-tive portions of the tree shall beprotected from damage from wind orinjury.

(d) Any tree that dies or becomes nonvi-able within one (1) year of relocationshall be replaced according to thestandards set forth in Section 24-49.4(2).

(2) Palms:

(a) A ball of earth at least one (1) footfrom the base of the tree shall bemoved with the tree.

(b) Fronds shall be securely tied aroundthe bud prior to relocation and shallremain securely tied around the budduring the entire relocation processand for a minimum of one (1) weekafter relocation.

(c) The bud shall be protected from dam-age or injury during relocation.

(d) Any palm that dies or becomes non-viable within one (1) year of reloca-tion shall be replaced according tothe standards set forth in Section24-49.4(2).

(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-49.7. Permit issuance, confirmation

of natural forest community

maps, existing permits, approv-

als and consent agreements.

(1) The Department shall deny an application,or approve an application and issue a permit(subject to conditions, limitations or restrictions),for the activity proposed under the permit appli-cation, provided:

(a) The required application fee and permitfee is submitted to Miami-Dade County.

(b) A performance bond, if required, has beenposted. As a condition of issuing a treeremoval permit, the Department may re-quire the posting of a performance bond toguarantee compliance with all other con-ditions, limitations, and restrictions ofthe tree removal permit (the permittedactivity), including, without limitation,planting of all required replacement trees.The bond shall be equivalent to one hun-dred (100) percent of the estimated cost ofthe permitted activity and may be in theform of a letter of credit, surety, cash, orcertificate of deposit.All performance bondsshall remain in force for a minimum ofeither one (1) year after the actual com-pletion date of the permitted activity (toensure that any replanted trees whichperish are replaced), or until viability ofall replanted trees has been achieved,whichever occurs last. However, at thediscretion of the Director or the Director'sdesignee, performance bonds may be par-tially released in phases based upon par-tial completion of planting or other permitrequirements.

(c) All required plans or covenants are sub-mitted and are in compliance with thestandards herein.

(2) All permits shall clearly specify all condi-tions, limitations and restrictions required by theDepartment. The permit applicant shall acknowl-edge that the permit applicant fully understandsand agrees to comply with all of said conditions,limitations or restrictions by signing the permitprior to its issuance.


3437Supp. No. 58

(3) All tree removal permit applications whichremain incomplete for a period of one hundredtwenty (120) days shall be denied. A new treeremoval permit application shall be required forall work previously proposed under a permitapplication which has been denied.

(4) The natural forest community maps ap-proved by the Board of County Commissioners onDecember 12, 1984, by Resolution No. 1764-84, alltree removal permits issued pursuant to Chapter26B, Department approvals, and all consent agree-ments executed in order to resolve alleged viola-tions of Chapter 26B of the Code of Miami-DadeCounty, Florida, are hereby confirmed and shallremain in full force and effect, and all conditions,restrictions and limitations contained therein shallcontinue to apply, and compliance therewith shallbe enforceable pursuant to the provisions of thischapter.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.8. Permit fees; schedule.

The Department shall charge and collect appli-cation and permit fees and trust fund contribu-tions at the rates established by separate admin-istrative order which shall not become effectiveuntil approved by the Board of County Commis-sioners. Applications from government agenciesfor tree removals in areas dedicated to public usemay, in the discretion of the Director, be exemptedfrom application fees and permit fees.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-49.9. Prohibited plant species.

(1) With exception of Ficus benjamina, the listof exotic pest plant species that may not be sold,propagated or planted anywhere in Miami-DadeCounty pursuant to Policy 8I of the ConservationElement of the Comprehensive Development Mas-ter Plan for Miami-Dade County, Florida, as maybe amended from time to time, is hereby incorpo-rated by reference. If present on a developmentsite, they shall be removed prior to development,and their sale, propagation, planting, importationor transportation shall be prohibited.

(2) Definitions for Section 24-49.9(1), Sections24-49.9(3)(a), 3(b), and 3(c):

(a) Importation shall mean the conveyanceby any means of plants into Miami-DadeCounty.

(b) Planting shall mean the placing on orsetting into the ground of live plant ma-terial.

(c) Propagation shall mean the physical actof causing plants to multiply by any pro-cess of reproduction from plant stock.

(d) Sale shall mean the act of transferring orconveying plants to a purchaser for con-sideration.

(e) Transportation shall mean the act of car-rying or conveying plants from one (1)place to another for the purpose of sale,planting, importation or propagation.

(3) Variances.

(a) A variance by the Director from the trans-portation, propagation and planting pro-hibitions of this section may be requested,subject to the conditions justifying vari-ance approval outlined below in Section24-49.9(3)(b)(i) and (ii). Said variance re-quest shall be made in writing to theDirector and shall include the followinginformation:

(i) Name and address of the person orpersons requesting the variance.

(ii) Location of the property for whichthe variance is requested.

(iii) A sketch or drawing indicating thelocation within the subject propertywhere the planting or field propaga-tion of the otherwise prohibited plantspecies will occur. (Container propa-gation shall be exempt from saidsketch or drawing requirements.)

(iv) The reason or reasons for requestingthe variance.


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(b) The Director may, in the Director's discre-tion, issue a variance from the provisionsof this section based upon the followingfactors:

(i) Proximity of the subject planting orpropagation to any environmentallysensitive areas (e.g., wetlands, ham-mocks, pinelands, dunes).

(ii) Lack of appropriate alternative plantspecies to fulfill the same purpose orpurposes for planting.

(c) The Director shall issue or deny a vari-ance request within thirty (30) days ofreceipt of the variance request, providedthe required information described in Sec-tion 24-49.9(3)(a)(i) through (iv) above hasbeen submitted.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

DIVISION 3. ENVIRONMENTALLYENDANGERED LANDS PROGRAM

Sec. 24-50. Title.

This section shall be known as the Environ-mentally Endangered Lands Program.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-50.1. Legislative intent.

The historic loss, fragmentation, and degrada-tion of native wetland and upland forest commu-nities in Miami-Dade County are well docu-mented, and remaining native wetland and uplandforest communities are collectively endangered.On May 8, 1990, the electorate of Miami-DadeCounty authorized the county to exceed the con-stitutional millage limitation by levying an advalorem tax of three-quarters of one mil, for aperiod not to exceed two (2) years, for acquisition,preservation, enhancement, restoration, conser-vation and maintenance of environmentally-endangered lands for the benefit of present andfuture generations; and limiting all uses of, andall investment earnings on, such levies to suchpurposes. It is the intent of the Board of CountyCommissioners of Miami-Dade County to estab-

lish the Environmentally Endangered Lands Pro-gram to implement this mandate and to supportits purposes to the fullest.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.2. Definitions.

The following words and phrases, when used inthis chapter, shall have the meanings ascribed tothem in this section:

(1) Acquisition proposal shall mean (a) par-cel(s) of land which has/have been nomi-nated or recommended for acquisition inaccordance with procedures provided forhereinbelow.

(2) Acquisition project shall mean (a) par-cel(s) of land approved by the Board ofCounty Commissioners for acquisition bythe county in accordance with proceduresprovided for hereinbelow.

(3) Ancillary land shall mean that land whichis adjacent to environmental land andwhich is necessary to the managementand protection of the environmental landfor such purposes as fence installation,access of maintenance equipment, fire-breaks, parking, or other managementactivities which are indicated in the man-agement feasibility evaluation.

(4) Bona fide organization shall mean anorganization which has an elected boardof directors, has adopted a charter, by-laws, or rules of procedure, conducts ameeting of its membership at least annu-ally, and which has been in existence inMiami-Dade County for at least two (2)years prior to the adoption of the ordi-nance from which this chapter derives.

(5) Buffer land shall mean that land which isadjacent to publicly-owned environmen-tal land or to an environmental land ac-quisition proposal or project, or that landwhich is an inholding within publicly-owned environmental land or within anenvironmental land acquisition proposalor project, and which, if not acquired,would threaten the environmental integ-


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rity of the existing resource, or if ac-quired, would enhance the environmentalintegrity of the resource.

(6) Environmental land shall mean that landwhich contains natural forest or wetlandcommunities, native plant communities,rare and endangered flora and fauna,endemic species, endangered species hab-itat, a diversity of species, or outstandinggeologic or other natural features, or thatland which functions as an integral andsustaining component of an existing eco-system.

(7) Management shall mean the preserva-tion, enhancement, restoration, conserva-tion, monitoring, or maintenance of thenatural resource values of environmentally-endangered lands which have been ac-quired or approved for management un-der the Environmentally EndangeredLands Program.

(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-50.3. Environmentally Endangered

Lands Program established.

The Miami-Dade County Environmentally En-dangered Lands Program (hereinafter referred toas the EEL Program) is hereby established toacquire, preserve, enhance, restore, conserve, andmaintain threatened natural forest and wetlandcommunities located in Miami-Dade County, forthe benefit of present and future generations. TheCounty Manager shall administer this program inaccordance with the procedures and criteria pro-vided for hereinbelow.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.4. Purpose.

The purpose of the EEL Program shall be:

(1) To acquire environmentally-endangeredlands which contain natural forest orwetland communities, native plant com-munities, rare and endangered flora andfauna, endemic species, endangered spe-cies habitat, a diversity of species, oroutstanding geologic or other natural fea-tures;

(2) To acquire environmentally-endangeredlands which function as an integral andsustaining component of an existing nat-ural system;

(3) To protect environmentally-endangeredlands which are publicly owned by acquir-ing inholdings or adjacent properties which,if not acquired, would threaten the envi-ronmental integrity of the existing re-source, or which, if acquired, would en-hance the environmental integrity of theresource;

(4) To implement the objectives and policiesof the Comprehensive Development Mas-ter Plan for Miami-Dade County whichhave been promulgated to preserve andprotect environmental protection areas des-ignated in the Plan and other naturalforest resources, wetlands, and endan-gered species habitat;

(5) To identify Miami-Dade County's best andmost endangered environmental lands foracquisition and management by evaluat-ing the biological characteristics and via-bility of the resource, the vulnerability ofthe resource to degradation or destruc-tion, and the feasibility of managing theresource to maintain its natural attributes;

(6) To manage environmentally-endangeredlands with the primary objective of main-taining and preserving their natural re-source values by employing managementtechniques that are most appropriate foreach native community so that our natu-ral heritage may be preserved for presentand future generations;

(7) To use the acquired sites, where feasiblewithin financial constraints and with min-imal risk to the environmental integrityof the site, to educate Miami-Dade County'sschool-age population and the general pub-lic about the uniqueness and importanceof Miami-Dade County's subtropical eco-systems and natural communities; and

(8) To cooperate actively with other acquisi-tion, conservation, and resource manage-ment programs, including, but not limited


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to, such programs as the State of FloridaConservation and Recreation Lands pro-gram, the Land Acquisition Trust Fund,and Save Our Rivers program, where thepurposes of such programs are consistentwith the purposes of the EEL Program asstated hereinabove.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.5. Environmentally Endangered

Lands Trust Funds.

(1) Creation of the Environmentally Endan-

gered Lands Acquisition Trust Fund.

(a) There is hereby created the Environmen-tally Endangered Lands Acquisition TrustFund (hereinafter referred to as the EELAcquisition Trust Fund) for use in acquir-ing environmentally-endangered lands inMiami-Dade County. The Finance Direc-tor is hereby authorized to establish theEEL Acquisition Trust Fund and to re-ceive and disburse monies in accordancewith the provisions of this section.

(b) The EEL Acquisition Trust Fund shallreceive monies from the following sources:

(i) All revenues collected by the Miami-Dade County Tax Collector pursuantto the extraordinary millage of three-quarters of one mil of ad valorem taxlevied in 1990 and 1991, as approvedby referendum on May 8, 1990, ex-cept for those revenues dedicated tothe Environmentally EndangeredLands Management Trust Fund pro-vided for herein by Section 24-50.5(b)(ii).

(ii) All monies accepted by Miami-DadeCounty in the form of federal, State,or other governmental grants, allo-cations, or appropriations, as well asfoundation or private grants and do-nations for acquisition of environ-mentally-endangered lands as pro-vided for by this section.

(iii) Such additional allocations as maybe made by the Board of CountyCommissioners from time to time forthe purposes set forth herein.

(iv) All interest generated from thesources identified in Section 24-50.5(1)(b)(i), (ii), and (iii) hereinabove,except where monies received havebeen otherwise designated or re-stricted.

(c) The EEL Acquisition Trust Fund shall bemaintained in trust by the Board of CountyCommissioners solely for the purposes setforth herein, in a separate and segregatedfund of the County which will not com-mingle with other County funds untildisbursed for an authorized purpose pur-suant to Section 24-50.5(1)(d).

(d) Disbursements from the EEL AcquisitionTrust Fund shall be made only for thefollowing purposes:

(i) Acquisition of properties which havebeen approved for purchase by reso-lution of the Board of County Com-missioners in accordance with theprovisions of Sections 24-50.7 through24-50.11.

(ii) All costs associated with each acqui-sition including, but not limited to,appraisals, surveys, title search work,real property taxes, documentarystamps and surtax fees, and othertransaction costs.

(iii) Costs of administering the EEL Pro-gram, which will be funded from theinterest proceeds of the EEL Acqui-sition Trust Fund until such time asthe fund is closed.

(iv) Supplementation of the Environmen-tally Endangered Lands Manage-ment Trust Fund, but only by reso-lution of the Board of CountyCommissioners.

(e) Where any property acquired with EELAcquisition Trust Fund monies is leasedor sold by the County, the proceeds fromsaid lease or sale shall, as determined by


3441Supp. No. 58

the Board of County Commissioners, becommitted either to the EEL AcquisitionTrust Fund or to the EEL ManagementTrust Fund for the purposes provided forherein. Such proceeds shall neither becommitted to any other fund, nor be usedfor any other purpose.

(2) Creation of the Environmentally Endan-

gered Lands Management Trust Fund.

(a) There is hereby created the Environmen-tally Endangered Lands ManagementTrust Fund (hereinafter referred to as theEEL Management Trust Fund) for thepreservation, enhancement, restoration,conservation and maintenance of environ-mentally-endangered lands which eitherhave been purchased with monies fromthe EEL Acquisition Trust Fund (estab-lished pursuant to Section 24-50.5(1), orhave otherwise been approved for man-agement pursuant to Section 24-50.7(2).The Finance Director is hereby autho-rized to establish the EEL ManagementTrust Fund and to receive and disbursemonies in accordance with the provisionsof this section.

(b) The EEL Management Trust Fund shallreceive monies from the following sources:

(i) A principal in the amount of tenmillion dollars ($10,000,000.00) fromthose revenues collected by the Mi-ami-Dade County Tax Collector pur-suant to the extraordinary millage ofthree-quarters of one mil of ad valo-rem tax levied in 1990 and 1991, asapproved by referendum on May 8,1990. The principal may be increasedas a result of a specific grant, dona-tion, allocation or appropriation there-for.

(ii) All monies accepted by Miami-DadeCounty in the form of federal, State,or other governmental grants, allo-cations, or appropriations, as well asfoundation or private grants and do-nations, for management of landsacquired with the EEL AcquisitionTrust Fund or otherwise approved

for management pursuant to Section24-50.7(2). Unless otherwise statedat the time of acceptance, all grantand donation monies received andthe interest therefrom shall not bepart of the principal and shall beavailable for disbursement in accor-dance with Section 24-50.5(2)(d).

(iii) Such additional allocations as maybe made by the Board of CountyCommissioners from time to time,including allocations from existingtrust funds or mitigation funds, orspecial allocations from the EEL Ac-quisition Trust Fund as provided forin Section 24-50.5(1)(d)(i). Unless oth-erwise stated at the time of the allo-cation, all allocations received shallbe available for disbursement in ac-cordance with Section 24-50.5(2)(d).

(iv) All interest generated from thesources identified in Sections 24-50.5(2)(b)(i), (ii), and (iii) hereinabove,except where monies received havebeen otherwise designated or re-stricted.

(c) The EEL Management Trust Fund shallbe kept and maintained in trust by theBoard of County Commissioners solely forthe purposes set forth herein, in a sepa-rate and segregated fund of the Countywhich will not commingle with otherCounty funds until disbursed for an au-thorized purpose pursuant to this section.

(d) Disbursements from the EEL Manage-ment Trust Fund shall be made by theCounty Manager only in accordance withthis Section 24-50.5(2)(d).

(i) No disbursements shall be made fromthe principal established under Sec-tion 24-50.5(2)(b)(i) except by ordi-nance amending this subsection.

(ii) Disbursements shall be made onlyfrom those monies defined in Section24-50.5(2)(b)(ii), (iii), and (iv)hereinabove.


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(iii) Disbursements shall be made onlyfor the preservation, enhancement,restoration, conservation or mainte-nance of those environmentally-en-dangered lands which have been ac-quired with monies from the EELAcquisition Trust Fund or which havebeen approved for management pur-suant to Section 24-50.7(2). Disburse-ments shall be made in accordancewith (a) project management plan(s)which has/have been approved pur-suant to Section 24-50.12.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.6. Land Acquisition Selection

Committee.

(1) Land Acquisition Selection Committee es-

tablished; qualifications of members.

(a) There is hereby established an AdvisoryBoard in accordance with Sections 2-11.36through 2-11.40 of this Code to be knownas the Miami-Dade County Land Acquisi-tion Selection Committee (hereinafter re-ferred to as the LASC).

(b) The LASC shall be composed of seven (7)members and one (1) alternate member.

(2) Method of appointment; terms of member-

ship.

(a) The County Manager shall recommend tothe Board sixteen (16) candidates for theseven (7) regular members' seats on theLASC and the one (1) alternate member'sseat. Preference will be given to candi-dates who have a record of service inenvironmental or civic affairs in Miami-Dade County and who have been recom-mended by one or more bona fide environ-mental, civic, or professional organizations.

(b) The Board of County Commissioners shallappoint, from the list of candidates recom-mended by the County Manager, four (4)members and the alternate to serve fortwo (2) years and three (3) members toserve for three (3) years. At the end of the

two (2) years, the successors to the initialtwo-year appointments shall be appointedfor three (3) years.

(3) Quorum; conduct of Committee and rules of

procedure; meetings.

(a) A quorum of the Committee shall be five(5) persons.

(b) At its first meeting, the Committee shallestablish its rules of procedure and shallelect a Chairperson and a Vice-Chairper-son. The Chairperson and Vice-Chairper-son shall be elected annually thereafter.

(c) The alternate member shall enjoy thesame privileges and responsibilities asthe regular members, except that the al-ternate member cannot vote unless a reg-ular member is absent.

(d) An extraordinary majority of five (5) votesshall be required for determining sites foracquisition as provided for in Sections24-50.8 through 24-50.11 hereinbelow.

(e) The LASC shall hold at least four (4)regular meetings each year.

(i) Notwithstanding the provisions ofSections 2-11.38 through 2-11.39 ofthe Code of Miami-Dade County, anymember or alternate member of theLASC who is absent from three (3)meetings in any one (1) year shallforfeit membership and shall not beeligible to be reappointed to the LASC.In the event a member shall resignor forfeit his membership on theLASC, a quorum of the members ingood standing may, by majority vote,elect the alternate to become a per-manent voting member.

(ii) Within thirty (30) days from the datea vacancy occurs, the County Man-ager shall recommend to the Boardof County Commissioners two (2)candidates who meet the qualifica-tions set forth in Section 24-50.6(2)(a)above to fill that vacancy. The Boardshall select one of the two (2) candi-dates to serve the remainder of theterm.


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(4) Responsibilities of the Land Acquisition Se-

lection Committee.

(a) The primary responsibility of the LASC isto recommend to the Board of CountyCommissioners a semi-annual acquisitionlist pursuant to Section 24-50.9hereinbelow.

(b) In developing its recommendations, theLASC shall act in accordance with theprocedures and requirements set forth inSections 24-50.7 through 24-50.11 and infurtherance of the purposes of the EELProgram as set forth in Section 24-50.4.

(c) The LASC may, from time to time, recom-mend to the Board (or to the CountyManager, as appropriate) proposed expen-ditures from the EEL Trust Funds; addi-tional selection or acquisition policies, pro-cedures, standards, criteria, strategies,schedules, and programs; and other suchmatters as may be necessary to fulfill thepurposes of the EEL Program.

(d) At its first meeting, or within fourteen(14) days thereafter, the LASC shall rec-ommend action on those Miami-DadeCounty projects which are ranked on theState of Florida 1991 Conservation andRecreation Land Priority List or whichappear on the State of Florida Land Ac-quisition Trust Fund List with particularregard for the joint acquisition of theseprojects by the State of Florida and theEEL Program, as set forth in R-1262-90.So that the LASC may act expeditiously,this recommendation is exempted fromthe procedural requirements provided forin Sections 24-50.10 and 24-50.11, butshall be based upon the considerations setforth in Sections 24-50.7 and 24-50.8.

(5) Limitation of powers of Committee. TheLASC shall have no power or authority to commitMetropolitan Miami-Dade County to any policies,to incur any financial obligations or to create anyliability on the part of the County. The actionsand recommendations of the LASC are advisoryonly and shall not be binding upon the Countyunless approved or adopted by the Board of CountyCommissioners.

(6) Termination of the Committee. At such timeas there are insufficient uncommitted funds inthe EEL Acquisition Trust Fund to conclude an-other acquisition and all acquisition projects havebeen closed, the LASC shall report to the CountyCommission that its business is concluded. Allremaining EEL Acquisition Trust Fund moniesshall then be transferred to the EEL ManagementTrust Fund and shall be added to the principalthereof as provided for in Section 24-50.5(2)(b)(i).(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.7. Property eligible for acquisi-

tion and management.

(1) Properties eligible to be considered for ac-quisition and management under the EEL Pro-gram shall be only environmental land, ancillaryland, and buffer land.

(2) Any environmental, ancillary, or buffer landnot on the acquisition list which is offered forconveyance or donation to Miami-Dade Countyand is proposed for management by the EELProgram shall be evaluated as provided for inSection 24-50.8 hereinbelow and may only beaccepted and approved for management underthe EEL Program by resolution of the Board ofCounty Commissioners.

Any land on the Priority A Acquisition List whichis owned by a public agency where said agency iswilling and able to lease the property to Miami-Dade County for a term not less than thirty (30)years may be accepted and approved for manage-ment under the EEL Program by resolution of theBoard of County Commissioners. Upon approvalfor management under the EEL Program, thesaid public entity must agree to, and execute, acovenant running with the land which providesfor continued maintenance of the property as anatural preserve.(Ord. No. 04-214, §§ 1, 5, 12-2-04)


3444Supp. No. 58

Sec. 24-50.8. Considerations for evaluating

lands for acquisition and man-

agement; EEL Program Man-

ual.

(1) Evaluation of each acquisition proposal shallbe based upon the following considerations:

(a) The primary considerations for evaluat-ing environmental land shall be:

(i) The biological value and viability ofthe resource;

(ii) The vulnerability of the resource todegradation or destruction; and

(iii) The requirements (including costs)for managing the resource to main-tain its natural attributes, and thefeasibility of meeting those manage-ment requirements.

Ancillary land shall be evaluated in con-junction with the adjacent environmentalland.

(b) The primary considerations for evaluat-ing buffer land shall be:

(i) The biological value and viability ofthe environmental land;

(ii) The vulnerability of the buffer landto development; and

(iii) The existing and potential impact onthe environmental land if the bufferland were not acquired.

(2) The Board of County Commissioners herebyapproves and makes a part hereof the Criteria forEvaluating EEL Acquisition Proposals attachedhereto. The County Manager, pursuant to Section4.02 of the Code of Miami-Dade County, shallpropose to the Board of County Commissioners anEnvironmentally Endangered Lands Program Man-ual (hereinafter referred to as the EEL ProgramManual) which shall be used as a guide forimplementing the provisions of this chapter, andshall include the criteria for evaluating EELAcquisition Proposals which are adopted hereby.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-50.9. Acquisition list.

The EEL Acquisition List shall consist of thePriority A List and the Priority B List and shall beapproved semi-annually by the Board of CountyCommissioners in accordance with the proce-dures set forth in Sections 24-50.10 and 24-50.11hereinbelow.

(1) Priority A List.

(a) The Priority A List shall contain nomore than ten (10) projects whichshall be selected by the Board ofCounty Commissioners from thoseacquisition proposals which receivethe highest evaluations pursuant tothe criteria provided for in Section24-50.8 and for which acquisition isfeasible. No rank order shall be as-signed to Priority A projects. TheCounty shall actively pursue the ac-quisition of Priority A projects.

(b) A project shall be removed from thePriority A List only after purchaseby the County, upon approval of thenext succeeding acquisition list asprovided hereinbelow or by resolu-tion of the Board of County Commis-sioners. Projects removed from thePriority A List for any reason exceptpurchase by the County shall beplaced on the Priority B List.

(2) Priority B. List. The Priority B list shallcontain all acquisition proposals whichare deemed worthy of acquisition basedupon the evaluation criteria provided inSection 24-50.8, and which may feasiblybe acquired, but which have not beenassigned to the Priority A List. The Countymay not actively pursue acquisition of aproperty on the Priority B List unless theshare of the purchase price paid from theEEL Acquisition Trust Fund is no morethan fifty (50) percent of the total pur-chase price of the property or unless theseller donates fifty (50) percent or more ofthe value of the property as estimated inan appraisal report prepared by an inde-pendent fee appraiser and accepted by theCounty.

(Ord. No. 04-214, §§ 1, 5, 12-2-04)


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Sec. 24-50.10. Nomination of acquisition pro-

posals.

(1) Public applications nominating propertiesfor acquisition may be submitted on an annualbasis by any person or organization, includingany federal, State, municipal, or regional govern-ment agency. Miami-Dade County applicationsnominating properties for acquisition may be sub-mitted on a semi-annual basis by any agency ofMiami-Dade County.

(2) All nominations shall be made by filing anapplication provided by the County Manager.

(3) The first submittal of applications fromagencies of Miami-Dade County shall occur nolater than December 1, 1991. In 1993, the appli-cation deadline shall be no later than June 30.Subsequent submittals shall occur semi-annuallythereafter.

(4) The first public application period shall beopened within ten (10) months from the effectivedate of the ordinance from which this chapterderives. In 1993, the application deadline shall beno later than December 31. Subsequent submit-tals shall occur annually thereafter.

(5) A thirty-day period shall be provided eachyear for the submittal of public applications.Public notice of the application period shall begiven at least two (2) weeks before the periodopens and a second notice shall be given at leasttwo (2) weeks before the application period closes.

(6) If the applicant has an ownership interestin any real property covered by an application forproposed acquisition, such interest shall be dis-closed in the same manner as required of zoningapplicants by Section 33-304(a) of the Code ofMiami-Dade County. If the applicant is acting asagent or attorney for a principal, the principal'sinterest shall be disclosed in the same manner asrequired of zoning applicants in Section 33-304(a)of the Code of Miami-Dade County. Section 24-50.10(6) shall not apply to governmental appli-cants.

(7) If the applicant does not have an ownershipinterest in the real property covered by an appli-cation or if the applicant is a governmental agency,

the name and address of the owner as listed in theProperty Appraiser's records shall be providedwith the application.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-50.11. Procedure for selection of ac-

quisition proposals for place-

ment on the acquisition list.

(1) Upon receipt of a completed property nom-ination application, the County Manager shallforward the application to designated staff forinitial review.

(a) Upon completion of initial review, acqui-sition proposals accepted by the CountyManager shall be evaluated by staff basedupon the criteria provided in Section 24-50.8. The staff evaluation shall be com-pleted within sixty (60) days of receipt bythe County Manager of the completedapplication.

(b) If, upon initial review, staff finds that thebiological value of a candidate environ-mental land is low, that management isnot feasible, or that the proposed acquisi-tion would not fulfill the purposes of theEEL Program set forth herein, the CountyManager shall be notified immediatelyand may order that no further evaluationbe undertaken. Notwithstanding theCounty Manager's order, the LASC may,by extraordinary majority of five (5) votes,require a complete evaluation of said prop-erty.

(2) Upon completion of the staff evaluationprocess, the Environmentally Endangered LandsProject Review Committee, created pursuant toSection 24-50.13 hereinbelow, shall define thepreliminary boundaries for each acquisition pro-posal and shall assist the County Manager inpreparing his recommendation on each proposalfor the LASC. Within sixty (60) days of the com-pletion of this staff evaluation process, the CountyManager shall transmit his recommendation tothe LASC along with a map of each site, adescription of the biological characteristics of thesite, a description of the development potential ofthe site and adjacent land, an assessment of the


3446Supp. No. 58

management needs and costs, the assessed value,and other information as may be deemed relevantfor each proposal evaluated.

(3) Within sixty (60) days of receiving theCounty Manager's transmittal, the LASC shallhold a duly-noticed public hearing to consider therecommendations regarding each site, theapplicant's comments, and comments from thepublic. A courtesy notice shall be provided to theowner(s) of properties which are the subject of thehearing. Failure to notify said owner(s) shall notinvalidate these proceedings.

(4) Within thirty (30) days of its public hear-ing, the LASC shall meet to adopt its recom-mended acquisition list for consideration by theBoard of County Commissioners as provided forin Section 24-50.9 hereinabove. In developing itsrecommendation, the LASC shall consider allinformation received from County staff, the CountyManager's recommendation, information that hasbeen submitted in writing through the date of thepublic hearing, and testimony received at thepublic hearing. The LASC shall forward the rec-ommended acquisition list to the County Man-ager for scheduling on the County Commissionagenda for consideration and action by the Board.

(5) Deadlines established in Sections 24-50.11(1)through (4) hereinabove shall be waived in pro-cessing applications filed in 1992.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-50.12. Management plan and use ofenvironmentally endangeredlands.

(1) No later than thirty (30) days from the dateof acquisition, an interim management plan forthe property shall be submitted to the Environ-mentally Endangered Lands Project Review Com-mittee for approval. Upon approval, interim man-agement plans shall be implemented by the CountyManager; provided, however, that such interimmanagement plan(s) shall not be implemented formore than two (2) years after acquisition of theproperty.

(2) A ten-year management plan shall be pre-pared for each property acquired by the EELProgram which shall:

(a) Identify such management activities asare necessary to preserve, enhance, re-store, conserve, maintain, or monitor theresource, as appropriate; and

(b) Identify such uses as are consistent withthe preservation, enhancement, restora-tion, conservation, and maintenance ofthe resource; and

(c) Estimate the annual costs of managingthe project.

(3) Annually, the ten-year management plansprepared during the preceding year shall be sub-mitted to the Board of County Commissioners forits approval. Each ten-year management planshall be updated at least every five (5) years fromthe last date of Board approval, and may beamended as often as required. Management planupdates and amendments shall be submitted tothe Board of County Commissioners for approval.

(4) All management plans shall be consistentwith the purposes set forth in Section 24-50.4herein. All properties acquired or managed by theEEL Program shall be managed in accordancewith the approved management plan for thatproperty.

(5) No use, infrastructure, or improvement shallbe permitted on any property acquired or man-aged under the EEL Program that is inconsistentwith the purposes of the program or that is notprovided by an approved management plan forthe property.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-50.13. Responsibilities of the man-

ager.

The County Manager shall facilitate such ac-tivities, designate such staff, and assign suchresponsibilities as are necessary to fulfill thepurposes of this chapter. The manager shall, at aminimum, do the following:

(1) Designate staff to evaluate acquisitionproposals in accordance with the ap-proved criteria and prepare and imple-ment project management plans.

(2) Make recommendations to the LASC onacquisition proposals.

(3) Designate an Environmentally Endan-gered Lands Project Review Committee toassist with the coordination of interdepart-mental and interagency activities, to as-


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sist in the preparation of recommenda-tions on acquisition proposals, and toapprove interim management plans. TheProject Review Committee shall be chairedby the County Manager or his designeeand shall include at least one (1) repre-sentative each from the Department ofEnvironmental Resources Management,the Park and Recreation Department, andthe Department of Planning and Zoning.

(4) Designate a negotiation resource commit-tee to develop negotiation strategies forapproved acquisition projects, to monitornegotiations, and to assist in coordinatingall activities relating to negotiations, pur-chase agreements and closings, as needed.The Negotiation Resource Committee shallinclude at least one (1) representativefrom the Department of EnvironmentalResources Management, the Departmentof Development/Facilities Management, thePark and Recreation Department, andthe PropertyAppraiser's Office. The CountyAttorney shall also designate (a) represen-tative(s) to serve on the Negotiation Re-source Committee.

(Ord. No. 04-214, §§ 1, 5, 12-2-04)

ARTICLE V. STORMWATER UTILITY*

Sec. 24-51. Short title.

This article shall be known as the Miami-DadeCounty Stormwater Utility Ordinance.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-51.1. Legislative intent; construc-

tion.

(1) The purpose of this article is to implementthe provisions of Section 403.0893(1), FloridaStatutes, by creating a Countywide stormwaterutility and adopting stormwater utility fees suffi-cient to plan, construct, operate and maintainstormwater management systems set forth in thelocal program required pursuant to Section403.0891(3), Florida Statutes.

(2) This article shall be liberally construed toprotect the public health, safety, and welfare andto effectuate the purposes set forth herein.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-51.2. Applicability.

(1) The provisions of this article shall be effec-tive in both the unincorporated and incorporatedareas of Miami-Dade County.

(2) Notwithstanding the provisions of Section24-51.2(1) above, the provisions of this articleshall not apply within any municipality whichfiles with both the Clerk of the Board of CountyCommissioners and the Director certified copiesof a resolution of the governing body of suchmunicipality which notifies the Board of CountyCommissioners and the Director that the munic-ipality exercises thereby its option to exempt thatthe municipality exercises thereby its option toexempt the municipality from the provisions ofthis article, provided, however, (1) such certifiedcopies are filed as set forth above no later thanninety (90) days from the date of enactment ofthis article and (2) the municipality commits insaid resolution to implement within said munici-pality the provisions of Section 403.0893(1), (2), or(3), Florida Statutes, as amended from time totime, no later than two (2) years from the effectivedate of this article. Failure to file such certifiedcopies or to implement Section 403.0893(1), (2) or(3), Florida Statutes, as amended from time totime, within the aforesaid respective time periodsshall render the municipality's exemption fromthe provisions of this article null and void. Not-withstanding the foregoing, any municipality, atany time after the effective date of this article,may request, by resolution, that the Board ofCounty Commissioners render the municipality'sexemption from the provisions of this article nulland void or grant the municipality an exemptionfrom the provisions of this article subject to con-ditions determined by the Board of County Com-missioners. Upon receipt of such a resolution of amunicipality the Board of County Commissionersmay, by resolution, render the municipality's ex-emption from the provisions of this article nulland void or grant the municipality an exemption


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from the provisions of this article subject to con-ditions determined by the Board of County Com-missioners.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)

Sec. 24-51.3. Creation of Miami-Dade County

Stormwater Utility; governing

body; organization.

(1) There is hereby created and established bythe authority of Section 403.0893(1), Florida Stat-utes, and the Home Rule Charter of Miami-DadeCounty, Florida, a Countywide stormwater utilityimplementing the provisions of Section 403.0893(1),Florida Statutes, which shall be named and knownas the "Miami-Dade County Stormwater Utility"(hereinafter also referred to as the "Utility"). TheUtility shall be a public body corporate and politicwhich, through its governing body, the Board ofCounty Commissioners of Miami-Dade County,Florida, may exercise all those powers specificallygranted herein, those powers granted by law andthose powers necessary in the exercise of thosepowers herein enumerated.

(2) The governing body of the Utility shall bethe Board of County Commissioners of Miami-Dade County, Florida.

(3) The Utility, acting through its governingbody, shall be responsible for the operation, main-tenance, and governance of a Countywidestormwater utility to plan, construct, operate andmaintain stormwater management systems setforth in the local program required pursuant toSection 403.0891(3), Florida Statutes. The govern-ing body may create by ordinance one (1) or moredistricts and subdistricts within the service areaof the Utility.

(4) The County Manager shall be the Directorof the Utility.

(5) The organization and operating proceduresof the Utility shall be prescribed by administra-tive orders and regulations of the County Man-ager. The County Manager shall appoint suchemployees as may be necessary to operate theUtility. The salaries and compensation of all per-

sonnel of the Utility shall be determined by theBoard of County Commissioners upon the recom-mendation of the County Manager.(Ord. No. 04-214, §§ 1, 5, 12-2-04)

Sec. 24-51.4. Fees.

(1) The Miami-Dade County Stormwater Util-ity is hereby authorized and directed to establish,assess, and collect stormwater utility fees uponall residential developed property and all nonres-idential developed property in Miami-Dade County,Florida, sufficient to plan, construct, operate, andmaintain stormwater management systems setforth in the local program required pursuant toSection 403.0891(3), Florida Statutes. Such feesshall be in an amount set forth in administrativeorders of the County Manager after approval bythe Board of County Commissioners.

(2) Each residential developed property shallbe assessed a stormwater utility fee calculated bymultiplying the rate for one (1) ERU by thenumber of the dwelling units on the parcel.

(3) Each nonresidential developed property shallbe assessed a stormwater utility fee calculated bymultiplying the rate for one (1) ERU by a factorderived by dividing the actual impervious area ofthe particular nonresidential developed propertyby the statistically estimated average horizontalimpervious area of residential developed propertyper dwelling unit, to wit, the square footage baseequivalent established for one (1) ERU. Notwith-standing the foregoing, each nonresidential devel-oped property classified by the Miami-Dade CountyProperty Appraiser as land use type 71 shall beassessed a stormwater utility fee which is fifty(50) percent of the fee for nonresidential devel-oped property calculated as described in the pre-ceding sentence.

(4) The fees payable hereunder shall be depos-ited in a separate County fund and shall be usedexclusively by the Miami-Dade County StormwaterUtility to pay for the costs of planning, construct-ing, operating and maintaining stormwater man-agement systems set forth in the local programrequired pursuant to Section 403.0891(3), FloridaStatutes. No part of said fund shall be used forpurposes other than the aforesaid.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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Sec. 24-51.5. Billing; liens.

(1) Fees shall be billed to the owner, tenant, oroccupant of each developed property in accor-dance with the administrative orders of the CountyManager. If the fees are not fully paid by saidowner, tenant or occupant on or before the pastdue date set forth on the bill, a ten (10) percentlate charge may be added to the bill and imposedby the Utility in accordance with regulationsprescribed by the County Manager. Any unpaidbalance for such fees and late charges shall besubject to an interest charge at the rate of eight(8) percent per annum. Imposition of said interestcharge shall commence sixty (60) days after thepast due date of the fees set forth on the bill.

(2) Fees and late charges, together with anyinterest charges, shall be debts due and owing theUtility and all of same shall be recoverable by theCounty or its assignee, on behalf of the Utility, inany court of competent jurisdiction.

(3) The Utility shall establish procedures tonotify owners, tenants, occupants, and managersof developed property of delinquent fee accounts.Subscribers to this service shall pay in advance afee in an amount set forth in the administrativeorders of the County Manager.

(4) All fees, late charges, and interest accruingthereupon, due and owning to the Utility whichremain unpaid sixty (60) days after the past duedate of the fees shall become a lien against andupon the developed property for which the feesare due and owing to the same extent and char-acter as a lien for a special assessment. Until fullypaid and discharged, said fees, late charges, andinterest accrued thereupon shall be, remain, andconstitute a special assessment lien equal in rankand dignity with the liens of County ad valoremtaxes and superior in rank and dignity to all otherliens, encumbrances, titles, and claims in, to oragainst the developed property involved for theperiod of five (5) years from the date said fees, latecharges, and interest accrued thereupon, becomea lien as set forth in this article. Said lien may beenforced and satisfied by the County, on behalf ofthe Utility, pursuant to Chapter 173, FloridaStatutes, as amended from time to time, or by anyother method permitted by law. The lien providedfor herein shall not be deemed to be in lieu of any

other legal remedies for recovery of said fee, latecharges, and accrued interest available in theCounty and to the Utility.

(5) For fees which become more than sixty (60)days past due and unpaid, the County or theUtility shall cause to be filed in the Office of theClerk of the Circuit Court of Miami-Dade County,Florida, a notice of lien or statement showing alegal description of the property against whichthe lien is claimed, its location by street andnumber, the name of the owner, and an accuratestatement of the fees and late charges then un-paid. A copy of such notice of lien shall be mailedwithin a reasonable time to the owner of theproperty involved as shown by the records of theTax Collector of Miami-Dade County.

(6) Liens may be discharged and satisfied bypayment to the County, on behalf of the Utility, ofthe aggregate amounts specified in the notice oflien, together with interest accrued thereon, andall filing and recording fees. When any such lienhas been fully paid or discharged, the Countyshall cause evidence of the satisfaction and dis-charge of such lien to be filed with the Office ofthe Clerk of the Circuit Court of Miami-DadeCounty, Florida. Any person, firm, corporation, orother legal entity, other than the present owner ofthe property involved, who fully pays any suchlien shall be entitled to receive an assignment oflien and shall be subrogated to the rights of theCounty and the Utility with respect to the enforce-ment of such lien.

(7) Notwithstanding other provisions to thecontrary herein, the County, on behalf of theUtility, shall have the discretion not to file noticesof lien for fees, late charges, and interest accruedthereupon in an amount less than fifty dollars($50.00). If the County or the Utility elects not tofile a notice of lien, said fees, late charges, andaccrued interest shall remain as debts due andowing in accordance with (2) above.

(8) The Utility is authorized and directed toexecute and deliver upon request written certifi-cates certifying the amount of fees, late chargesand interest accrued thereupon, which are dueand owing to the Utility and the County, for anydeveloped property which is subject to payment ofsaid fees, or the Utility may certify that no fees,


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late charges or accrued interest are due andowing. Said certificates shall be binding upon theCounty and the Utility.(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55,§ 2, 5-6-08)


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