§ 67.06. Exemptions.
(a)
The following shall be exempt from the regulated area prohibition set forth in subsection 67.04(a):
(1)
Exemptions for public utilities. This exemption does not apply to the development approval for the maintenance and refueling of vehicles or the storage of regulated substances used for the routine operation and maintenance of public utilities.
(2)
Continuous transit and deliveries. The transportation of any regulated substance through regulated areas provided the regulated substances are not being stored, handled, produced, or used within the regulated area in violation of this chapter, and the delivery of regulated substances to nonresidential activities that have received development approval as defined in Chapter 60 prior to the effective date of this chapter, provided that these activities require such substances for the continued operation and maintenance of the activities as approved.
(3)
Vehicular fuel and lubricant use. The use in a vehicle of any regulated substance solely as operating fuel in that vehicle or as lubricant in that vehicle.
(4)
Application of pesticides, herbicides, and fungicides. The application of those regulated substances used as pesticides, herbicides, and fungicides in recreation, agriculture, pest control and aquatic weed control activities provided that:
a.
In all regulated areas the application is in strict conformity with the use requirement as set forth in the EPA registries for substances and as indicated on the containers in which the substances are sold; and
b.
In all regulated areas the application is in strict conformity with the requirements as set forth in F.S. chs. 482 and 487, and Chapters SE-2 and 5E-9, Florida Administrative Code. This exemption applies only to the application of pesticides, herbicides, and fungicides.
(5)
Fertilizers containing any form of nitrogen. The use of fertilizers containing any form of nitrogen is governed by Chapter 44.
(6)
Retail sale and wholesale activities. Retail sale and wholesale establishments in regulated areas provided that the establishments only store and handle regulated substances for resale in their original unopened containers.
(7)
Office uses. Regulated substances for the maintenance and cleaning of office buildings and regulated substances associated with office equipment such as copier or blueprint machines shall not be allowed on-site in quantities greater than the quantities exempted in subsection (b) below.
(8)
Approved nonresidential activities:
a.
Nonresidential activities existing as of the effective date of this chapter which have received site plan, subdivision or similar development approval as defined in Chapter 60 and building permits as defined in Chapter 60.
b.
Nonresidential activities existing as of the effective date of this chapter which have received zoning compliance, occupational license, or similar forms of annual development approval as defined in Chapter 60, and which do not require site plan, subdivision, or similar development approval and building permits. For the purposes of this exemption, renewal of annual development approval shall also be exempt, provided, however, that there are no expansions, modifications or alterations that would increase the storage, handling, production, or use of the regulated substances.
(b)
Exempt nonresidential activity. Any nonresidential activity which only stores, handles, produces, or uses the following quantities of regulated substances shall be exempt from the regulated area prohibition set out in subsection 67.04(a):
(1)
Whenever the aggregate sum of all quantities of any one regulated substance for any one nonresidential activity at a given facility/building or property at any one time does not exceed six gallons where said substance is a liquid, or 25 pounds where said substance is a solid.
(2)
Whenever the aggregate sum of all regulated substances for any one nonresidential activity at one facility/building or property at any one time does not exceed 100 gallons if said substances are liquids, or 500 pounds if said substances are solids, and the aggregate sum of all quantities of any one regulated substance does not exceed the reference limits in subsection (b)(1) above.
(3)
Where regulated substances are dissolved in or mixed with other nonregulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this chapter. The actual quantity of the regulated substance present shall be the total quantity of the original unopened container(s) regardless of concentration or purity.
(c)
Special exemptions.
(1)
Request for exemption. Any person subject to the prohibition set out in subsection 67.06(a) may apply to the Utility Systems Department for a special exemption.
(2)
Information and fee required. The application for special exemption shall include, at a minimum, the following information on a form provided by the department, as well as the appropriate fee as set out below:
a.
A concise statement detailing the circumstances which the applicant feels demonstrates the need for a special exemption.
b.
A description of the mechanisms that will be utilized to meet the conditions required for issuance of the exemption as set out in subsection (5) below;
c.
The signatures of the owner of the subject site and applicant, if different, and a professional engineer licensed in the State of Florida or professional geologist licensed in the State of Florida;
d.
A fee will be charged pursuant to Section 63.11 to defray the costs of processing such application; and
e.
An agreement to indemnify and hold the City harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the special exemption. The City shall provide reasonable notice to the exemptee of any such claims.
(3)
Review by the Utility Systems Department and professional geologist.
a.
Within 30 working days of receipt of an application for special exemption, the Utility Systems Department shall inform the applicant in writing whether such application contains sufficient information for a proper determination to be made. If the application is found to be insufficient, then the Utility Systems Department shall provide to the applicant a written statement by certified mail or hand delivery requesting the additional information required. The applicant shall inform the Utility Systems Department within ten working days of the date of the written statement of his or her intent to either furnish the information or have the application processed as it stands.
b.
The City reserves the right to hire a consultant to make appropriate surveys, tests and inspections of property, facilities, equipment and processes proposed or operating under the provisions of this section to determine compliance with the provisions of this section. At a minimum, a written inspection report from a geologist shall be required to be submitted to the Utility Systems Department prior to the issuance of a certificate of occupancy.
(4)
Issuance or denial. At the end of said 10n-day period or receipt of the additional information the department shall within 30 working days inform the applicant whether the special exemption has been granted or denied. If the Utility Systems Department denies the application, the Utility Systems Department shall provide the applicant with a written explanation outlining the reasons that the permit was denied.
(5)
Criteria for issuance. The Utility Systems Department shall grant an exemption if the person applying for the exemption demonstrates that adequate technology exists to isolate the facility or activity from the potable water supply within the zone of protection wherein the proposed facility or activity would be located. At a minimum, the following conditions shall be addressed in a technical report:
a.
Substance inventory;
b.
Containment plan;
c.
Emergency collection devices;
d.
Emergency plan;
e.
Daily monitoring guidelines;
f.
Equipment maintenance plan;
g.
Reporting of spills plan;
h.
Potable water well monitoring plan;
i.
Groundwater monitoring plan;
j.
Alterations/expansions plan, if appropriate;
k.
Plan for reconstruction after catastrophe (fire, vandalism, flood, explosion, wind, war or other); and
l.
Others, as applicable to groundwater protection.
All costs associated with such applicable conditions shall be borne by the applicant or exemptee, as applicable.
(6)
Revocation or revision. Any special exemption granted by the Utility Systems Department pursuant to this chapter shall be subject to revocation or revision by the Utility Systems Department for violation of any condition of said special exemption by first issuing a written notice of intent to revoke or revise (certified mail return receipt requested or hand delivery). The applicant shall have the right to a hearing before the City Council prior to revocation or revision in accordance with the procedures set out in section 67.03. Upon revocation or revision, the activity will immediately be subject to the enforcement provisions of this chapter.
(7)
Appeals. Any final action by the department may be appealed to the City Council pursuant to section 67.03.
(8)
Other agency requirements. Any special exemption granted by the Utility Systems Department pursuant to this chapter shall not relieve the exemptee of the obligation to comply with any other applicable federal, state, regional or local regulation, rule, ordinance or requirement. Nor shall said exemption relieve any exemptee of any liability for violation of such regulations, rules, ordinances or requirements.
(9)
New regulations. Upon adoption of any amendment to this chapter or any regulation that supersedes this chapter, the special exemption shall be subject to the newly adopted regulations.
(Ord. No. 14-31, § 2, 5-27-14)