§ 24-18. Operating permits.

(A)

Permit Required. No person shall operate, maintain or permit, cause, allow, let or suffer the operation or maintenance of a public water system, public sewerage system, a location where a site rehabilitation action has been completed in accordance with the provisions set forth in Section 24-44(2)(k)(ii), or any of the following facilities, all of which will reasonably be expected to be a source of air pollution, ground pollution or water pollution, without a valid operating permit issued by the Director or the Director's designee or in violation of any condition, limitation or restriction which is part of an operating permit:

(1)

Interim package sewage treatment plants;

(2)

Interim package water treatment plants;

(3)

Non-utility owned or operated sanitary sewer collection systems:

(a)

Which include a sanitary sewer pump station that receives sewage from a building drain and conveys sewage to a utility or non-utility; or

(b)

Which include a gravity collection system containing 1,000 or more feet of six (6) inch nominal size or larger pipe beyond the building drain(s).

(4)

Facilities which generate, dispose of, store, use, discharge, handle or reclaim any liquid waste other than domestic sewage, any hazardous waste or any hazardous material (except factory prepackaged products intended primarily for domestic use or consumption), including, but not limited to, the following:

(a)

Industrial and agricultural waste reclaim systems; waste or product holding tanks; or waste or product spill prevention control systems;

(b)

Industrial and agricultural waste pretreatment facilities;

(c)

Industrial and agricultural waste treatment facilities;

(d)

The following industrial and agricultural liquid waste facilities:

(i)

Aircraft, vehicle, construction equipment, and boat mechanical maintenance or repair facilities including, but not limited to, engine and electric motor maintenance and repair, and facilities which perform maintenance or repair of any component parts of aircraft, vehicles, boats, or construction equipment;

(ii)

Chemical manufacturing, packaging, repackaging, storage, or distribution facilities;

(iii)

Pest control facilities;

(iv)

Photographic processing facilities or laboratories;

(v)

Printing facilities;

(vi)

Paint manufacturing, distribution, and product testing; paint research laboratory facilities;

(vii)

Battery manufacturing; battery reclaiming facilities; battery refurbishing facilities;

(viii)

Hospitals;

(ix)

Medical, research or chemical laboratories;

(x)

Animal hospitals; animal clinics, and animal grooming facilities;

(xi)

Plastics manufacturing facilities;

(xii)

Anodizing facilities;

(xiii)

Silk screening and silk printing facilities;

(xiv)

Junk yards;

(xv)

Jewelry manufacturing and repair facilities;

(xvi)

Machine shops;

(xvii)

Construction contractor's facilities handling hazardous materials;

(xviii)

Funeral homes;

(xix)

Agricultural field packing facilities;

(xx)

Stationary agricultural packinghouses;

(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 this Code, nonresidential land uses which are served or will be served by a liquid waste storage, disposal or treatment method or those nonresidential land uses which use, generate, handle, dispose of, discharge or store hazardous materials, on any portion of the property within the Northwest Wellfield protection area or within the West Wellfield Interim protection area;

(6)

Notwithstanding any provision of this Code, nonresidential land uses which are served or will be served by any liquid waste storage, disposal or treatment method (other than public sanitary sewers) or those nonresidential land uses which use, generate, handle, dispose of, discharge or store hazardous materials, on any portion of the property within the maximum day pumpage wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston Wellfield, Hialeah Wellfield or within the outer protection zone of the South Miami Heights Wellfield Complex;

(7)

Resource recovery and management facilities;

(8)

Facilities that will reasonably be expected to be a source of air pollution; provided, however, the operation of heating equipment or comfort space heating within individual facility dwellings or multiple family dwellings of not more than four (4) units is exempt from the requirement of obtaining a permit pursuant to this section;

(9)

All commercial boat docking facilities. Operating permits shall be required for all such facilities no later than May 17, 1990;

(10)

All boat storage facilities contiguous to the tidal waters of Miami-Dade County with a total of ten (10) or more dry storage spaces. Operating permits shall be required for all such facilities no later than May 17, 1990;

(11)

All recreational boat docking facilities with a total of ten (10) or more boat slips, moorings, davit spaces, and vessel tieup spaces. Operating permits shall be required for all such facilities no later than May 17, 1990;

(12)

Underground storage facilities;

(13)

Aboveground storage facilities;

(14)

Loading facilities;

(15)

Balanced systems utilized by motor vehicle fuel service stations;

(16)

Vacuum assist systems utilized by motor vehicle fuel service stations;

(17)

Any facility which sells or distributes or which offers to sell or distribute any refrigerant or which recharges or causes, lets, allows, permits, or suffers the recharging of refrigerant into any refrigeration system;

(18)

FOG generator discharging to a utility or non-utility owned or operated sanitary sewer collection system, or to an onsite sewage treatment and disposal system located in a wellfield protection area of any utility or non-utility potable water supply well. Refer to Section 24-42.6(10) for FOG generator operating permit requirements;

(19)

Locations at which a site rehabilitation action has been completed in accordance with the provisions set forth in Section 24-44 (2)(k)(ii);

(20)

FOG Liquid Waste Transporter;

(21)

Liquid Waste Transporter;

(22)

FOG, Yellow Grease, Brown Grease, or other Grease Storage, Transfer or Treatment facility;

(23)

FOG Control Device Operator.

(B)

Permit Criteria.

(1)

The criterion for issuance of an operating permit pursuant to this section is compliance with Chapter 24, Miami-Dade County Code. Additionally, no resource recovery and management facility permit shall be granted without the written recommendation of approval of the Director of the Department of Solid Waste Management issued pursuant to the provisions of Chapter 15, Miami-Dade County Code. At the discretion of the Director or the Director's designee, conditions, limitations or restrictions may be required as part of the operating permit if said conditions, limitations and restrictions are consistent with the requirements of this chapter.

(2)

The Director or the Director's designee may deny the issuance of an operating permit if the public water system, public sewerage system or pollution source does not comply with the provisions of this chapter.

(3)

The Director or the Director's designee may suspend or revoke an operating permit if the public water system, public sewerage system or pollution source does not comply with the provisions of this chapter.

(4)

Such operating permits shall not be required for the aforesaid facilities, systems, and plants existing on the effective date of this section until one hundred twenty (120) days from the effective date of this section.

(5)

This section shall not be immediately applicable to air pollution sources with valid air pollution control operating permits on the effective date of this section. However, said air pollution sources shall comply with this section by obtaining the operating permit required by this section no later than one hundred eighty (180) days from the effective date of this section.

(6)

Notwithstanding anything in this chapter to the contrary, such operating permits shall not be required for underground storage facilities until ninety (90) days from the effective date of this paragraph.

(7)

All applications for permits issued pursuant to this section shall be on a form prescribed by the Director and accompanied by a fee which shall be established by administrative order of the County Manager and approved by the Board of County Commissioners.

(8)

Facilities operating under the provisions of this chapter shall not conduct well stimulation activities and shall not receive, store, treat, discharge, or dispose of any waste or wastewater generated from well stimulation or any ancillary or associated activities.

(9)

No permit shall be issued to allow well stimulation or the receipt, storage, treatment, discharge, or disposal of any waste or wastewater generated from well stimulation or any ancillary or associated activities.

(C)

Disposition of Fees. The permit fee payable hereunder shall be deposited in a separate County fund and shall be used exclusively by the Department to pay for the costs of the following environmental services to, and environmental regulation of, the aforesaid facilities, systems and plants:

(1)

Monitoring and evaluating purification and disposal systems of said sources.

(2)

Responding to and attempting to resolve citizen complaints against said sources.

(3)

Investigation, preparation, and prosecution of enforcement actions, pursuant to Chapter 24 of this Code, to protect the groundwater, surface water, drinking water, and air quality.

(4)

Ambient monitoring of groundwater, surface water, and air quality.

(5)

Special studies of groundwater, drinking water, surface water, and air quality when deemed necessary by the Director to protect the groundwater, surface water, drinking water, and air quality.

(6)

Air quality and water supply protection, planning, and programming.

(7)

Laboratory analyses of groundwater, surface water, drinking water, waste water, ambient air, air emissions, and other effluents affecting air or water quality.

(8)

Restoration of the air, water, property, animal life, aquatic life, and plant life to their condition prior to any violation of this chapter.

(9)

Prevention of any imminent threat of any violation of this chapter.

No part of said fund shall be used for purposes other 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; Ord. No. 15-88, § 2, 9-1-15; Ord. No. 18-22, § 6, 2-21-18; Ord. No. 18-28, § 2, 3-6-18)